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, MONDAY, APRIL 26, 1999 No. 57 House of Representatives The House met at 2 p.m. and was come forward and lead the House in the now the nuclear industry wants to called to order by the Speaker pro tem- Pledge of Allegiance. change this. H.R. 45, the Nuclear Waste pore (Mr. NETHERCUTT). Mr. GIBBONS led the Pledge of Alle- Policy Act of 1999, proposes to grant f giance as follows: taxing authority to the Secretary of Energy. That is right, the Secretary of DESIGNATION OF THE SPEAKER I pledge allegiance to the Flag of the United States of America, and to the Repub- Energy will have the authority to raise PRO TEMPORE lic for which it stands, one nation under God, taxes on your electric rates, and that is The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. a terrible precedent to set. fore the House the following commu- f The bill also proposes to take the Nu- nication from the Speaker: clear Waste Trust Fund off budget. We MESSAGE FROM THE SENATE WASHINGTON, DC, all know what that means. No more April 26, 1999. A message from the Senate by Mr. congressional oversight on how much I hereby appoint the Honorable GEORGE R. Lundregan, one of its clerks, an- money goes into the account or how NETHERCUTT, Jr. to act as Speaker pro tem- nounced that the Senate had passed a the money is spent. And it puts the Nu- pore on this day. bill and a concurrent resolution of the clear Waste Trust Fund in the same J. DENNIS HASTERT, Speaker of the House of Representatives. following titles, in which the concur- technical off-budget status as the So- f rence of the House is requested: cial Security Trust Fund. How bizarre. S. 574. An act to direct the Secretary of the H.R. 45 will break the balanced budg- PRAYER Interior to make corrections to a map relat- et resolution and circumvent the bipar- The Chaplain, Reverend James David ing to the Coastal Barrier Resources System. tisan Budget Enforcement Act. Not to Ford, D.D., offered the following pray- S. Con. Res. 29. Concurrent resolution au- mention this bill still completely ig- thorizing the use of the Capitol Grounds for nores our environmental laws, it ig- er: concerts to be conducted by the National When we bow our heads for this mo- Symphony Orchestra. nores commonsense science, it ignores ment of prayer it is our petition, al- transportation hazards, and it ignores f mighty God, that our hearts and souls human health concerns. will focus on Your abundant and for- APPOINTMENT OF MEMBERS TO Mr. Speaker, H.R. 45 circumvents the giving love to us and to all people. In a UNITED STATES CAPITOL PRES- Constitution, it sets bad congressional troubled world where violence seems to ERVATION COMMISSION precedent, and it is bad for America. be so rampant, we pray that we will lift We need to do what is right for our The SPEAKER pro tempore. Without our eyes to see Your vision of hope, a constituents and oppose H.R. 45. objection and pursuant to section vision where the good words of faith 801(b) of Public Law 100–696, the Chair f and reconciliation and understanding announces the Speaker’s appointment will not only be the words of our lips, SPECIAL ORDERS of the following Members of the House but will be translated into deeds that to the United States Capitol Preserva- The SPEAKER pro tempore. Under comfort and sustain and strengthen tion Commission: the Speaker’s announced policy of Jan- our human community. This is our ear- Mr. TAYLOR, North Carolina; uary 6, 1999, and under a previous order nest prayer. Amen. Mr. FRANKS, New Jersey. of the House, the following Members f There was no objection. will be recognized for 5 minutes each. THE JOURNAL f f The SPEAKER pro tempore. The OPPOSE H.R. 45, NUCLEAR WASTE FORT KING BILL Chair has examined the Journal of the POLICY ACT last day’s proceedings and announces The SPEAKER pro tempore. Under a to the House his approval thereof. (Mr. GIBBONS asked and was given previous order of the House, the gen- Pursuant to clause 1, rule I, the Jour- permission to address the House for 1 tleman from Florida (Mr. STEARNS) is nal stands approved. minute and to revise and extend his re- recognized for 5 minutes. f marks.) Mr. STEARNS. Mr. Speaker, today I will in- Mr. GIBBONS. Mr. Speaker, the Con- troduce a bill of historical importance. My PLEDGE OF ALLEGIANCE stitution, as I read and understand it, home, Ocala, Florida, is home to Fort King. The SPEAKER pro tempore. Will the gives the House of Representatives the This Fort played a direct role in the founding gentleman from Nevada (Mr. GIBBONS) sole authority to raise taxes. However, of Florida as a state.

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

H2301

. H2302 CONGRESSIONAL RECORD — HOUSE April 26, 1999 On December 28, 1835, Fort King was the In December of 1997, the anchor traveled a ADJOURNMENT site of an outbreak of hostilities between the 1,500 mile journey from Norfolk, Virginia, to Mr. GIBBONS. Mr. Speaker, I move United States Government and the Seminole Columbia, Missouri, and was given to area that the House do now adjourn. Indians. The Seminoles, were led in this attack ``Tiger'' veterans as a Christmas present. This The motion was agreed to; accord- by Chief Osceola. This attack began the Sec- action mainly resulted from the efforts of U.S. ingly (at 2 o’clock and 6 minutes p.m.), ond Seminole War, which lasted longer than Navy Petty Officer Rocky Roberts, who served under its previous order, the House ad- any other United States armed conflict, except on the tank landing ship LaMoure County journed until tomorrow, Tuesday, April for the Vietnam War. 1194, and by Uponeor ETI of Columbia, who 27, 1999, at 12:30 p.m., for morning hour Fort King and the surrounding area contain donated their transportation resources. The debates. artifacts used in the attack and in the life of LaMourne ship was safely transported to Co- f the Seminole Indians. This bill would help pre- lumbia for the 1995 Exercise Tiger ceremony. EXECUTIVE COMMUNICATIONS, serve Seminole history in Florida. This was the first time the U.S. Navy had ever ETC. My bill authorizes a study by the Interior De- donated an active ship to honor such an partment to identify a means of preserving and event. Now, its anchor will stand as The Mis- Under clause 8 of rule XII, executive developing Fort King. souri Exercise Tiger Army & Navy Anchor Me- communications were taken from the Preserving our past for our children and morial. Speaker’s table and referred as follows: grandchildren is imperative. Fort King is a his- Mr. Speaker, it should be noted that under 1712. A letter from the Director, Office of torical gem that should be accessible to all. I the direction of Commissioner Dick Weber and Regulatory Management and Information, Environmental Protection Agency, transmit- hope my colleagues will join me in supporting the efforts of Mexico, Missouri, businessman this important, historical bill. ting the Agency’s final rule—Potato Leaf Paul Koelling, both Audrain County and the f Roll Virus Resistance Gene (also known as Mexico community was assembled together to orf1/orf2 gene); Exemption from the Require- THE MISSOURI TIGER ARMY & help donate the necessary work and funding ment of a Tolerance [OPP–300530A; FRL– NAVY ANCHOR MEMORIAL—A for the Exercise Tiger Anchor Memorial 6052–3] (RIN: 2070–AB78) received March 10, TRIBUTE TO THE 55TH ANNIVER- project. At this time, I would also like to men- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. SARY OF WORLD WAR II EXER- tion the efforts of the Mexico Veterans of For- 1713. A letter from the General Counsel, CISE TIGER OPERATION MAKING eign Wars Post, the American Legion (who Federal Emergency Management Agency, THE ‘‘TIGER’’ A REALITY donated over $2,000 for this event), and the transmitting the Agency’s final rule— The SPEAKER pro tempore. Under a Exercise Tiger Association members. All have Changes in Flood Elevation Determinations previous order of the House, the gen- contributed to make this memorial a lasting [Docket No. FEMA–7256] received March 10, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the tleman from Missouri (Mr. HULSHOF) is tribute to those that served in the operation of Exercise Tiger. Committee on Banking and Financial Serv- recognized for 5 minutes. ices. Mr. HULSHOF. Mr. Speaker, I rise today to It is my honor to acknowledge the indispen- 1714. A letter from the General Counsel, pay tribute to the 55th anniversary of what sable role that members of Exercise Tiger Federal Emergency Management Agency, may be the least known, yet most gallant played in making the D-day invasion a suc- transmitting the Agency’s final rule— naval effort ever waged, the operation known cess. I am proud to call attention to the efforts Changes in Flood Elevation Determina- as Exercise Tiger. of the U.S. Navy and the Mexico Veterans tions—received March 10, 1999, pursuant to 5 Fifty-five years ago, 749 American soldiers Post who served as the ``anchor'' of this com- U.S.C. 801(a)(1)(A); to the Committee on Banking and Financial Services. and sailors lost their lives in the English Chan- memorative effortÐhelping to make this 1715. A letter from the General Counsel, nel when they were attacked by German tor- dream a reality. Federal Emergency Management Agency, pedo boats. Embarked aboard landing ship f transmitting the Agency’s final rule— tanks or LSTs for a secret rehearsal of the Changes in Flood Elevation Determinations Normandy landing, and without accompanying SPECIAL ORDERS GRANTED [Docket No. FEMA–7273] received March 10, escorts, these brave men came under attack 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the from nine German Navy E-boats patrolling the By unanimous consent, permission to Committee on Banking and Financial Serv- address the House, following the legis- ices. English Channel. 1716. A letter from the General Counsel, With uncommon courage and valor, the sol- lative program and any special orders heretofore entered, was granted to: Federal Emergency Management Agency, diers and crew engaged in Exercise Tiger de- transmitting the Agency’s final rule— fended their ships in the greatest naval en- (The following Members (at the re- Changes in Flood Elevation Determina- gagement ever conducted by LST's. However, quest of Mr. GIBBONS) to revise and ex- tions—received March 10, 1999, pursuant to 5 in the battle that raged, three LSTs were tend their remarks and include extra- U.S.C. 801(a)(1)(A); to the Committee on torpedoed. Two of them, the U.S.S. LST±507, neous material:) Banking and Financial Services. and the LST±531 sunk to the bottom of the Mr. WELDON of Pennsylvania, for 5 1717. A letter from the General Counsel, minutes, on April 28. Federal Emergency Management Agency, English Channel, while a third LST, the U.S.S. transmitting the Agency’s final rule—List of Mr. BURTON of Indiana, for 5 minutes LST±289, was able to reach port. Communities Eligible for the Sale of Flood Their sacrifice played a key role in ensuring each day, on April 27 and 28. Insurance [Docket No. FEMA–7700] received the success of the subsequent Normandy in- Mr. CUNNINGHAM, for 5 minutes, on March 10, 1999, pursuant to 5 U.S.C. vasion, which ultimately freed Europe. April 27. 801(a)(1)(A); to the Committee on Banking Today, I am here to honor and remember Mr. DEMINT, for 5 minutes, on April and Financial Services. the veterans, living and dead, of Exercise 27. 1718. A letter from the General Counsel, Federal Emergency Management Agency, Tiger, and to celebrate the placement of an Mr. STEARNS, for 5 minutes, today. transmitting the Agency’s final rule—List of anchor from an LST in Mexico, Missouri. This Mr. HULSHOF, for 5 minutes, today. Communities Eligible for the Sale of Flood memorial will serve as a permanent reminder f Insurance [Docket No. FEMA–7697] received to all who see it of the high price of freedom March 10, 1999, pursuant to 5 U.S.C. that those involved in Exercise Tiger paid. SENATE BILL AND CONCURRENT 801(a)(1)(A); to the Committee on Banking Mr. Speaker, I also want to recognize Walt RESOLUTION REFERRED and Financial Services. Domanski, the National Director of the Tiger 1719. A letter from the General Counsel, Foundation, and others who helped make this A bill and concurrent resolution of Federal Emergency Management Agency, transmitting the Agency’s final rule—Sus- memorial a reality. On June 12, 1997, Mr. the Senate of the following titles were taken from the Speaker’s table and, pension of Community Eligibility [Docket Domanski made a request to U.S. Navy Cap- No. FEMA–7698] received March 10, 1999, pur- tain Gary Chiavarotti, Director of the U.S. under the rule, referred as follows: suant to 5 U.S.C. 801(a)(1)(A); to the Com- Navy's Inactive Fleet, for the Navy to donate S. 574. An act to direct the Secretary of the mittee on Banking and Financial Services. two 5,000 pound stern anchors from the Suf- Interior to make corrections to a map relat- 1720. A letter from the Director, Office of folk County Class tank landing ships, which ing to the Coastal Barrier Resources System; Regulatory Management and Information, to the Committee on Resources. operated under the code name Exercise Tiger, Environmental Protection Agency, transmit- S. Con. Res. 29. Concurrent resolution au- ting the Agency’s final rule—Approval and to serve as twin State and national memorials thorizing the use of the Capitol Grounds for Promulgation of Implementation Plans; to commemorate the Battle of Exercise Tiger concerts to be conducted by the National California State Implementation Plan Revi- in New Jersey and Missouri. On July 13th, Symphony Orchestra; to the Committee on sion; Kern County Air Pollution County Dis- 1997, the request was approved. Transportation and Infrastructure. trict [CA 152–0131; FRL–6235–4] received April 26, 1999 CONGRESSIONAL RECORD — HOUSE H2303 March 10, 1999, pursuant to 5 U.S.C. and Drug Administration, transmitting the 1738. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Commerce. Administration’s final rule—Medical De- fice of Sustainable Fisheries, National Ma- 1721. A letter from the Director, Office of vices; Effective Date of Requirement for Pre- rine Fisheries Service, National Oceanic and Regulatory Management and Information, market Approval for Three Class III Atmospheric Administration, transmitting Environmental Protection Agency, transmit- Preamendments Physical Medicine Devices the Administration’s final rule—Fisheries of ting the Agency’s final rule—Approval and [Docket No. 98N–0467] received April 20, 1999, the Exclusive Economic Zone Off Alaska; Promulgation of Implementation Plans; Ari- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Atka Mackerel in the Central Aleutian Dis- zona and California State Implementation mittee on Commerce. trict and Bering Sea subarea of the Bering Plan Revision; Maricopa County, Arizona, 1730. A letter from the Director, Regula- Sea and Aleutian Islands [Docket No. Antelope Valley Air Pollution Control Dis- tion Policy and Management Staff, Food and 981021264–9016–02; I.D. 022699A] received trict, San Diego County Air Pollution Con- Drug Administration, transmitting the Ad- March 5, 1999, pursuant to 5 U.S.C. trol District, San Joaquin Valley Unified Air ministration’s final rule—Quality Mammog- 801(a)(1)(A); to the Committee on Resources. Pollution Control District, and Ventura raphy Standards [Docket No. 98N–0728] re- 1739. A letter from the Chief, Regs and County Air Pollution Control District [CA ceived April 20, 1999, pursuant to 5 U.S.C. Admin Law, USCG, Department of Transpor- 211–0126 EC; FRL–6235–5] March 10, 1999, pur- 801(a)(1)(A); to the Committee on Commerce. tation, transmitting the Department’s final suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1731. A letter from the Under Secretary for rule—Mississippi River, LA: Regulated Navi- mittee on Commerce. Export Administration, transmitting notifi- gation Area [CCGD08–97–020] (RIN: 2115–AE84) 1722. A letter from the AMD—Performance cation that during the period from October received April 16, 1999, pursuant to 5 U.S.C. Evaluation and Records Management, Fed- 17, 1998 through November 17, 1998, the U.S. 801(a)(1)(A); to the Committee on Transpor- eral Communications Commission, transmit- Department of Commerce issued export li- tation and Infrastructure. ting the Commission’s final rule—Amend- censes for commercial communication sat- 1740. A letter from the Attorney Advisor, ment of Section 73.202(b), Table of Allot- ellites and related items currently under the National Highway Traffic Safety Adminis- ments, FM Broadcast Stations. (Belzoni and Department’s jurisdiction; to the Committee tration, Department of Transportation, Tchula, Mississippi) [MM Docket No. 97–243] on International Relations. transmitting the Department’s final rule— (RM–9194) received March 16, 1999, pursuant 1732. A letter from the Chairman, Nuclear Procedures for Participating in and Receiv- to 5 U.S.C. 801(a)(1)(A); to the Committee on Regulatory Commission, transmitting a copy ing Data from the National Driver Register Commerce. of the annual report in compliance with the 1723. A letter from the AMD—Performance Government in the Sunshine Act during the Problem Driver Pointer System [Docket No. Evaluation and Records Management, Fed- calendar year 1998, pursuant to 5 U.S.C. NHTSA–98–5084] (RIN: 2127–AH54) received eral Communications Commission, transmit- 552b(j); to the Committee on Government Re- April 16, 1999, pursuant to 5 U.S.C. ting the Commission’s final rule—Amend- form. 801(a)(1)(A); to the Committee on Transpor- ment of Section 73.202(b), Table of Allot- 1733. A letter from the Director, Office of tation and Infrastructure. ments, FM Broadcast Stations. (New Sustainable Fisheries, National Marine Fish- 1741. A letter from the Chairman, Federal Martinsville, West Virginia) [MM Docket No. eries Service, National Oceanic and Atmos- Maritime Commission, transmitting the 97–129] (RM–9076) received March 16, 1999, pheric Administration, transmitting the Ad- Commission’s final rule—Service Contracts pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ministration’s final rule—Fisheries of the Subject to the Shipping Act of 1984 [Docket mittee on Commerce. Exclusive Economic Zone Off Alaska; Clo- No. 98–30] received March 5, 1999, pursuant to 1724. A letter from the AMD—Performance sures of Specified Groundfish Fisheries in 5 U.S.C. 801(a)(1)(A); to the Committee on Evaluation and Records Management, Fed- the Bering Sea and Aleutian Islands [Docket Transportation and Infrastructure. eral Communications Commission, transmit- No. 990304063–9063–01; I.D. 030899B] received 1742. A letter from the Deputy Executive ting the Commission’s final rule—Amend- March 16, 1999, pursuant to 5 U.S.C. Secretariat for DHHS, Department of Health ment of Section 73.202(b), Table of Allot- 801(a)(1)(A); to the Committee on Resources. and Human Services, transmitting the De- ments, FM Broadcast Stations. (Malvern and 1734. A letter from the Director, Office of partment’s final rule—Temporary Assistance Bryant, Arkansas) [MM Docket No. 98–53] Sustainable Fisheries, National Marine Fish- for Needy Families Program (TANF) (RIN: (RM–9253) received March 16, 1999, pursuant eries Service, National Oceanic and Atmos- 0970–AB77) received April 9, 1999, pursuant to to 5 U.S.C. 801(a)(1)(A); to the Committee on pheric Administration, transmitting the Ad- 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. ministration’s final rule—Fisheries of the Ways and Means. 1725. A letter from the AMD—Performance Exclusive Economic Zone Off Alaska; Clo- 1743. A letter from the Chief, Regulations Evaluation and Records Management, Fed- sures of Specified Groundfish Fisheries in Unit, Internal Revenue Service, transmitting eral Communications Commission, transmit- the Gulf of Alaska [Docket No. 990304062– the Service’s final rule—Determination of ting the Commission’s final rule—Amend- 9062–01; I.D. 030899C] received March 16, 1999, Issue Price in the Case of Certain Debt In- ment of Section 73.202(b), Table of Allot- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- struments Issued for Property [Rev. Rul. 99– ments, FM Broadcast Stations. (Rio Grande mittee on Resources. 21] received April 20, 1999, pursuant to 5 City, Texas) [MM Docket No. 98–186] (RM– 1735. A letter from the Deputy Assistant U.S.C. 801(a)(1)(A); to the Committee on 9318) received March 16, 1999, pursuant to 5 Administrator for Fisheries, National Ma- Ways and Means. rine Fisheries Service, National Oceanic and U.S.C. 801(a)(1)(A); to the Committee on f Commerce. Atmospheric Administration, transmitting 1726. A letter from the AMD—Performance the Administration’s final rule—Fisheries of REPORTS OF COMMITTEES ON Evaluation and Records Management, Fed- the Exclusive Economic Zone Off Alaska; PUBLIC BILLS AND RESOLUTIONS eral Communications Commission, transmit- Bering Sea and Aleutian Islands; Final 1999 ting the Commission’s final rule—Amend- Harvest Specifications for Groundfish [Dock- Under clause 2 of rule XIII, reports of ment of Section 73.202(b), Table of Allot- et No. 990304063–9063–01; I.D. 121098D] received committees were delivered to the Clerk ments, FM Broadcast Stations. (Buxton, March 16, 1999, pursuant to 5 U.S.C. for printing and reference to the proper North Carolina) [MM Docket No. 98–144] 801(a)(1)(A); to the Committee on Resources. calendar, as follows: (RM–9329) [MM Docket No. 98–145] (RM–9330) 1736. A letter from the Acting Director, Of- received March 16, 1999, pursuant to 5 U.S.C. fice of Sustainable Fisheries, National Ma- Mr. BURTON: Committee on Government 801(a)(1)(A); to the Committee on Commerce. rine Fisheries Service, National Oceanic and Reform. H.R. 683. A bill to facilitate the re- 1727. A letter from the AMD—Performance Atmospheric Administration, transmitting cruitment of temporary employees to assist Evaluation and Records Management, Fed- the Administration’s final rule—Fisheries of in the conduct of the 2000 decennial census of eral Communications Commission, transmit- the Exclusive Economic Zone Off Alaska; population; with an amendment (Rept. 106– ting the Commission’s final rule—Amend- Pollock by Vessels Catching Pollock for 104). Referred to the Committee of the Whole ment of Section 73.202(b), Table of Allot- Processing by the Inshore Component in the House on the State of the Union. ments, FM Broadcast Stations. (Pauls Valley Bering Sea Subarea [Docket No. 990115017– Mr. BURTON: Committee on Government and Wynnewood, Oklahoma) [MM Docket No. 9017–01; I.D. 022699B] received March 5, 1999, Reform. H.R. 1058. A bill to promote greater 98–140] (RM–9294, RM–9373) received March 16, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- public participation in decennial censuses by 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Resources. providing for the expansion of the edu- Committee on Commerce. 1737. A letter from the Acting Director, Of- cational program commonly referred to as 1728. A letter from the AMD—Performance fice of Sustainable Fisheries, National Ma- the ‘‘Census in Schools Project’’ (Rept. 106– Evaluation and Records Management, Fed- rine Fisheries Service, National Oceanic and 105). Referred to the Committee of the Whole eral Communications Commission, transmit- Atmospheric Administration, transmitting House on the State of the Union. ting the Commission’s final rule—Amend- the Administration’s final rule—Fisheries of Mr. SHUSTER: Committee on Transpor- ment of Section 73.202(b), Table of Allot- the Exclusive Economic Zone Off Alaska; tation and Infrastructure. H.R. 1480. A bill to ments, FM Broadcast Stations. (Clinton and Species in the Rock Sole/Flathead Sole/ provide for the conservation and develop- Okarche, Oklahoma) [MM Docket No. 98–70] ‘‘Other Flatfish’’ Fishery Category by Ves- ment of water and related resources, to au- (RM–9276) received March 16, 1999, pursuant sels Using Trawl Gear in Bering Sea and thorize the United States Army Corps of En- to 5 U.S.C. 801(a)(1)(A); to the Committee on Aleutian Islands Management Area [Docket gineers to construct various projects for im- Commerce. No. 981222313–8320–02; I.D. 022699C] received provements to rivers and harbors of the 1729. A letter from the Director, Regula- March 5, 1999, pursuant to 5 U.S.C. United States, and for other purposes; with tions Policy and Management Staff, Food 801(a)(1)(A); to the Committee on Resources. an amendment (Rept. 106–106 Pt. 1). Referred H2304 CONGRESSIONAL RECORD — HOUSE April 26, 1999 to the Committee of the Whole House on the intelligence-related activities of the United By Mr. RANGEL: State of the Union. States Government, the Community Man- H. Res. 149. A resolution expressing the f agement Account, and the Central Intel- sense of the House of Representatives that ligence Agency Retirement and Disability ‘‘Sugar’’ Ray Robinson should be recognized DISCHARGE OF COMMITTEE System, and for other purposes; to the Com- for his athletic achievements and commit- Pursuant to clause 5 of rule X the mittee on Intelligence (Permanent Select). ment to young people; to the Committee on Committee on Resources discharged By Mr. GREENWOOD (for himself, Mr. Government Reform. CASTLE, Mr. GOODLING, Mr. KILDEE, from further consideration. H.R. 1480 H. Res. 150. A resolution expressing the Mr. PICKERING, Mr. TANCREDO, Mr. sense of Congress with respect to Marcus referred to the Committee of the Whole BERRY, Mr. INSLEE, Mr. MALONEY of Garvey; to the Committee on the Judiciary. House on the State of the Union. Connecticut, Mrs. CUBIN, Mr. BOEH- f f LERT, Mr. HINCHEY, Mr. BILIRAKIS, and Mr. DEUTSCH): ADDITIONAL SPONSORS TIME LIMITATION OF REFERRED H.R. 1556. A bill to establish a National BILL Commission on the Prevention of School Vi- Under clause 7 of rule XII, sponsors Pursuant to clause 5 of rule X the fol- olence; to the Committee on Education and were added to public bills and resolu- lowing action was taken by the Speak- the Workforce. tions as follows: By Mr. BATEMAN (for himself and Mr. er: H.R. 21: Mr. RILEY, Mr. POMBO, Mr. UNDERWOOD) (both by request): H.R. 1480. Referral to the Committee on H.R. 1557. A bill to authorize appropria- LARSON, Mr. ANDREWS, and Mr. CALLAHAN. Resources extended for a period ending not tions for fiscal years 2000 and 2001 for certain H.R. 49: Mr. DIAZ-BALART, Mr. BALDACCI, later than April 26, 1999. maritime programs of the Department of and Mr. WHITFIELD. f Transportation, and for other purposes; to H.R. 116: Ms. BALDWIN and Mr. LEVIN. the Committee on Armed Services. H.R. 131: Mr. WEINER. PUBLIC BILLS AND RESOLUTIONS H.R. 1558. A bill to authorize expenditures H.R. 175: Ms. DELAURO, Mr. MARKEY, Mr. Under clause 2 of rule XII, public by the Panama Canal Commission for fiscal GEORGE MILLER of California, Mrs. LOWEY, bills and resolutions of the following year 2000, and for other purposes; to the Mr. TERRY, Mr. HOLDEN, Mr. CLEMENT, Mrs. FOWLER, Mr. POMBO, Mrs. BONO, Mr. BROWN titles were introduced and severally re- Committee on Armed Services. By Mr. CANNON: of California, Mr. SMITH of Michigan, Mr. ferred, as follows: H.R. 1559. A bill to amend the Uranium PITTS, Mr. GEPHARDT, Mrs. TAUSCHER, Mrs. By Mr. SMITH of Michigan (for himself Mill Tailings Radiation Control Act of 1978 NORTHUP, Mr. SHERMAN, Mr. WALDEN of Or- and Ms. EDDIE BERNICE JOHNSON of to provide for the remediation of the Atlas egon, and Mr. FRELINGHUYSEN. Texas): mill tailings site near Moab, Utah; to the H.R. 198: Mr. NETHERCUTT and Mr. WICKER. H.R. 1550. A bill to authorize appropria- Committee on Commerce. H.R. 202: Mr. LIPINSKI, Mr. HOUGHTON, and tions for the United States Fire Administra- By Mr. COLLINS (for himself, Mr. Mrs. EMERSON. tion for fiscal years 2000 and 2001, and for CARDIN, Mrs. EMERSON, Mr. HYDE, Mr. H.R. 316: Mr. LIPINSKI. other purposes; to the Committee on RAMSTAD, Ms. DUNN, and Mr. H.R. 383: Mr. VENTO and Mrs. EMERSON. Science. WELLER): H.R. 405: Mr. GANSKE, Mr. SAWYER, Ms. By Mrs. MORELLA: H.R. 1560. A bill to amend the Internal Rev- STABENOW, and Mr. KIND. H.R. 1551. A bill to authorize the Federal enue Code of 1986 to establish a 2-year recov- H.R. 406: Mr. WU and Mr. BASS. Aviation Administration’s civil aviation re- ery period for depreciation of computers and H.R. 430: Mr. WEINER, Mr. SUNUNU, and Mr. search and development programs for fiscal peripheral equipment used in manufacturing; WYNN. years 2000 and 2001, and for other purposes; to to the Committee on Ways and Means. H.R. 452: Mr. MALONEY of Connecticut. the Committee on Science. By Mr. CRANE: H.R. 531: Mr. SMITH of New Jersey, Mr. By Mr. CALVERT: H.R. 1561. A bill to amend the Internal Rev- MCGOVERN, Mrs. NORTHUP, Mr. TERRY, Mr. H.R. 1552. A bill to authorize appropria- enue Code of 1986 to repeal the alternative WAXMAN, Mr. BAIRD, Mr. DICKEY, Mr. WALSH, tions for fiscal year 2000 and fiscal year 2001 minimum tax on individuals; to the Com- Mrs. MORELLA, and Mr. PITTS. for the Marine Research and related environ- mittee on Ways and Means. H.R. 541: Ms. BALDWIN, and Mr. OBERSTAR. mental research and development program By Mrs. FOWLER: H.R. 561: Mr. FRANK of Massachusetts. activities of the National Oceanic and At- H.R. 1562. A bill to prohibit the use of funds H.R. 710: Mr. KANJORSKI, Mr. BONILLA, Ms. mospheric Administration and the National appropriated to the Department of Defense VELA´ ZQUEZ, Mrs. NORTHUP, Mr. GREENWOOD, Science Foundation, and for other purposes; from being used for the deployment of Mr. BENTSEN, Mr. EHRLICH, Mrs. EMERSON, to the Committee on Science, and in addi- ground elements of the United States Armed Mr. HAYWORTH, and Mr. LEWIS of California. tion to the Committee on Resources, for a Forces in the Federal Republic of Yugoslavia H.R. 750: Ms. DANNER, Mr. COOK, Mr. SES- period to be subsequently determined by the unless that deployment is specifically au- SIONS, Mr. RODRIGUEZ, Mr. FARR of Cali- Speaker, in each case for consideration of thorized by law; to the Committee on Armed fornia, Mr. PASTOR, and Mr. LUCAS of Okla- such provisions as fall within the jurisdic- Services, and in addition to the Committee homa. tion of the committee concerned. on International Relations, for a period to be H.R. 760: Mr. SESSIONS, Mr. NETHERCUTT, H.R. 1553. A bill to authorize appropria- subsequently determined by the Speaker, in Mr. GONZALEZ, Mrs. MORELLA, and Mr. tions for fiscal year 2000 and fiscal year 2001 each case for consideration of such provi- HOSTETTLER. for the National Weather Service, Atmos- sions as fall within the jurisdiction of the H.R. 798: Mr. LARSON, Mr. JACKSON of Illi- pheric Research, and National Environ- committee concerned. nois, Ms. SCHAKOWSKY, Mr. ALLEN, and Mr. mental Satellite, Data and Information H.R. 1563. A bill to prohibit the use of funds Service activities of the National Oceanic appropriated to the Department of Defense SAWYER. and Atmospheric Administration, and for from being used for the deployment of H.R. 804: Mr. TERRY and Mr. POMEROY. other purposes; to the Committee on ground elements of the United States Armed H.R. 809: Mr. WYNN. Science. Forces in the Federal Republic of Yugoslavia H.R. 835: Mr. WATTS of Oklahoma and Mr. By Mr. COBLE (for himself, Mr. TAU- unless that deployment is specifically au- DAVIS of Virginia. ZIN, Mr. BERMAN, Mr. MARKEY, Mr. thorized by law; to the Committee on Armed H.R. 853: Mr. HOBSON. HYDE, Mr. BLILEY, Mr. CONYERS, Mr. Services, and in addition to the Committee H.R. 860: Mr. STUPAK. DINGELL, Mr. SENSENBRENNER, Mr. on International Relations, for a period to be H.R. 864: Mr. LAMPSON, Mr. TAYLOR of OXLEY, Mr. DELAHUNT, Mr. RUSH, Mr. subsequently determined by the Speaker, in North Carolina, Mr. EHLERS, Mr. GEORGE GOODLATTE, Mr. STEARNS, Mr. each case for consideration of such provi- MILLER of California, Mr. ROGAN, Mr. PRICE WEXLER, Mr. BOUCHER, Mr. CANNON, sions as fall within the jurisdiction of the of North Carolina, Ms. ROYBAL-ALLARD, Mr. Mr. PICKERING, Mr. MCCOLLUM, Mr. committee concerned. ISAKSON, Mr. SKELTON, Mr. BERMAN, Mr. SAWYER, Mr. GALLEGLY, Mr. UPTON, By Mr. STEARNS: CLEMENT, Mrs. WILSON, Mr. POMBO, Mr. Mr. ROGAN, Mr. GILLMOR, Mr. PEASE, H.R. 1564. A bill to require the Secretary of GUTIERREZ, Mrs. LOWEY, Mrs. BONO, Ms. Mr. STUPAK, Mr. JENKINS, and Mr. the Interior to conduct a study regarding ESHOO, Mr. BROWN of California, Mr. PITTS, HILLEARY): Fort King, Florida; to the Committee on Re- Mr. BEREUTER, Mr. SMITH of Michigan, Mrs. H.R. 1554. A bill to amend the provisions of sources. TAUSCHER, Mr. PASTOR, Mr. MASCARA, Mr. title 17, United States Code, and the Commu- By Mr. TANCREDO (for himself, Mr. WICKER, and Mrs. NORTHUP. nications Act of 1934, relating to copyright HEFLEY, Mr. MCINNIS, Ms. DEGETTE, H.R. 903: Mr. BALLENGER and Mr. HAYES. licensing and carriage of broadcast signals Mr. SCHAFFER, and Mr. UDALL of Col- H.R. 912: Mr. DEFAZIO. by satellite; Title I, referred to the Com- orado): H.R. 1044: Mr. HILL of Montana. mittee on Commerce, Title II, referred to the H. Res. 148. A resolution expressing the H.R. 1054: Mr. GARY MILLER of California. Committee on the Judiciary. sense of the House of Representatives with H.R. 1092: Mr. SABO. By Mr. GOSS: respect to the tragic shooting at Columbine H.R. 1111: Mrs. MEEK of Florida, Mr. WYNN, H.R. 1555. A bill to authorize appropria- High School in Littleton, Colorado; to the and Mrs. MALONEY of New York. tions for fiscal year 2000 for intelligence and Committee on Education and the Workforce. H.R. 1118: Mr. MALONEY of Connecticut. April 26, 1999 CONGRESSIONAL RECORD — HOUSE H2305

H.R. 1196: Mr. RAHALL and Ms. ROYBAL-AL- H.R. 1349: Mr. CHABOT. H.R. 1456: Mr. RAMSTAD, Mr. THOMPSON of LARD. H.R. 1363: Mr. BLUNT. California, Mr. SANDERS, Mr. WATKINS, Mr. H.R. 1387: Mr. DAVIS of Illinois. H.R. 1213: Mr. SANDLIN. ETHERIDGE, and Mr. DOYLE. H.R. 1228: Mr. FROST, Mr. TIERNEY, Mr. H.R. 1423: Mrs. CAPPS and Mr. KENNEDY of HOLDEN, Mr. BONIOR, and Mr. LAFALCE. Rhode Island. H.R. 1485: Mr. LAFALCE and Mr. RANGEL. H.R. 1424: Mrs. CAPPS and Mr. KENNEDY of H.R. 1329: Mr. LOBIONDO. H.J. Res. 22: Mr. LAMPSON. H.R. 1336: Mr. BEREUTER and Mr. SUNUNU. Rhode Island. H.R. 1344: Mr. WISE, Mr. GILCHREST, Mr. H.R. 1443: Ms. BROWN of Florida and Mr. H. Con. Res. 82: Mrs. CHENOWETH. LAHOOD, Mr. YOUNG of Alaska, and Mr. BASS. DAVIS of Illinois. 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, MONDAY, APRIL 26, 1999 No. 57 Senate The Senate met at 1 p.m. and was morning business. It is about the situa- Just listen to some of the words of called to order by the President pro tion that has taken place in Colorado. the writers in various newspapers tempore [Mr. THURMOND]. f across this country when they have discussed today’s culture. This was in PRAYER RESERVATION OF LEADER TIME last Thursday’s Washington Post in the The Chaplain, Dr. Lloyd John The PRESIDING OFFICER (Mr. Style Section, mind you. Its headline: Ogilvie, offered the following prayer: KYL). The Chair will announce that ‘‘When Death Imitates Art.’’ It says: Father, we have not forgotten the under the previous order leadership Before Teenagers Commit Violence, They three American infantry soldiers who time is reserved. Witness It in American Culture. were captured on March 31 while on pa- f Here is how the writer starts: trol at the Macedonian border: Staff In what used to be the dark corners of our Sergeants Andrew A. Ramirez and MORNING BUSINESS culture, there is now a prime time cartoon Christopher J. Stone; Specialist Steven The PRESIDING OFFICER. Under with a neo-Nazi character, comics that traf- M. Gonzalez. Be with them, Lord. Bless the previous order, there will now be a fic in bestiality, movies that leave teenagers gutted like game, fashion designers who ped- them with courage and strength. Dur- period for the transaction of morning ing this anxious time, give their fami- dle black leather masks and doomsday vi- business not to extend beyond the hour sions. It’s all in the open now, mass pro- lies Your comfort and assurance. May of 3:30 p.m. with Senators permitted to duced, widely available. Even celebrated. On these men and their families know that speak therein for up to 10 minutes countless PCs, killing is a sport. And there’s they are not forgotten and that the each. Marilyn Manson, a popular singer who Senate is praying today for their safety The Senator from Kansas is recog- named himself after a mass murderer and and their release. nized. proclaims he is the Antichrist. Film, television, music, dress, technology, Here in the Senate we begin this new Mr. BROWNBACK. I thank the Chair. week with renewed trust in You and a games: They’ve become one giant playground f filled with accessible evil, darker than ever commitment to work together for Your before. glory and for Your will in our Nation TEEN VIOLENCE Listen to this: and in the world. Through our Lord and Mr. BROWNBACK. Mr. President, I Savior. Amen. Consider: Of the last 11 major movies re- wish to address the Senate today on leased on video since April 6, seven of them f the subject of the violence in Littleton, have violent themes. Among them, ‘‘Art RECOGNITION OF THE ACTING CO. I note that over the weekend a Pupil,’’ about a high school kid obsessed MAJORITY LEADER number of funerals took place, and as I with Nazism; ‘‘American History X’’ about speak another funeral is occurring as a the rise and fall of a skinhead; and ‘‘I Still The PRESIDENT pro tempore. The result of the shootings in Littleton, Know What You Did Last Summer,’’ a teen able acting majority leader is recog- slasher sequel. CO. I think it would be appropriate for nized. ‘‘There is no question in my mind that film Mr. BROWNBACK. I thank the Chair. us to observe a moment of silence for and society interrelate,’’ said Douglas Brode, the victims of the shootings that took a professor of film at Syracuse University f place. and author of 18 books on the movies. ‘‘And SCHEDULE (Period of silence.) not just films but music, video games, all of Mr. BROWNBACK. I thank the Chair. it. There is a connection. It may be tangen- Mr. BROWNBACK. Mr. President, tial, it may be tight. Nobody knows for today the Senate will be in a period of Certainly, all of our thoughts and sure.’’ prayers are with the people in Colo- morning business until 3:30 p.m. Fol- And so caution and perspective are rado, across this country and across lowing morning business, the Senate urged. the world, who have been touched by will resume consideration of S. 96, the It is surely one of the great debates of this Y2K bill. A cloture motion on that leg- the terrible tragedies in the shootings. decade: Does the culture simply reflect the islation was filed on Thursday, and by We cannot ignore the shootings that dark, decadent times in which we live or is unanimous consent that vote will take took place in Littleton, CO. I think we society this way because the cultural propri- place today at 5:30 p.m. Members are really must say that this time we will etors have run amok. encouraged to come to the floor to de- address these problems that are in our Listen to this from the Wall Street bate this important legislation. culture. They are here. We have a cul- Journal, written by Peggy Noonan, a I thank my colleagues for their at- ture that glorifies violence and killing, columnist. This was in last Thursday’s tention. where perverse things are put on tele- Wall Street Journal. She writes this: Mr. President, I wish to address the vision as normal. Ours is a culture that What walked into Columbine High School body today on another matter during has far too much darkness in it. Tuesday was the culture of death. This time

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

S4147

. S4148 CONGRESSIONAL RECORD — SENATE April 26, 1999 it wore black trench coats. Last time it was Jonesboro, AR; across this country. We us joining together to say we can children’s hunting gear. Next time it will be can and we must fight back, and now is change these sorts of things. We want some other costume, but it will still be the the time to do it. to highlight some problems such as culture of death. That is the Pope’s phrase; I suggest two solutions. No. 1, any- what is taking place in the marketing it is how he describes the world we live in. The boys who did the killing, the famous body listening or watching, let’s all of violence. Why are companies doing Trench Coat Mafia, inhaled too deep the pledge that we will change our culture, this? What is their mode of operation? ocean in which they swam. Think of it this our individual culture we are involved How can we dissuade them from doing way. Your child is an intelligent little fish. in right now, what is it that is going on this? Because it has a profound effect He swims in deep water. Waves of sound and in our family, in our community, in throughout this culture, as the people sight, of thought and fact, come invisibly our school, wherever we are within our in Littleton, CO, know all too well, as through that water, like radar; they go culture that is part of this, and let’s we know all the rest of the way across through him again and again, from this di- change it. We are not helpless to this Nation. rection and that. The sound from the tele- changing this. What is coming into Cultures change, and we must deter- vision is a wave, and the sound from the minedly change ours, not so much by radio; the headlines on the newsstand, on the your home right now? Do you have magazines, on the ad on the bus as it whizzes things coming into your home right laws as by changing our thinking about by—all are waves. The fish—your child—is now that are violent, that are of a na- what we consume. We can do it. We bombarded and barely knows it. But the ture with which you wouldn’t agree, or must do it. We will do it. It is time we waves contain words like this, which I will over the Internet, magazines, video do it. limit to only one source, the news. games, movies, television? We are not I am afraid people are getting to the Then she goes through and lists: powerless to stop it coming into our point of wondering if we can. Yes, we . . . was found strangled and is believed to homes. Let us all pledge to stop it. can. As the culture moved in this direc- have been sexually molested. ... I hope that many people across this tion, it can assuredly move away from There are a number of headlines, and country will start societies for cultural it. But it is going to take a determined they finish this portion by saying: renewal within their communities effort. It is going to take an effort not This is the ocean in which our children where people can come together and just of saying OK, Washington is going swim. This is the sound of our culture. It say we are going to change the culture to solve it, or Hollywood is going to comes from all parts of our culture and in our community; we are not going to solve it, or New York is going to solve reaches all parts of our culture, and all the wait on producers out of California; we it. We each have to dig in and try to people in it, which is everybody. are not going to wait on Washington to solve it in our own community, and we Listen to this from the New York do this; we are going to change the cul- need to address it from here, too. Times today: ture here, now; we are going to bind to- I will be pressing this on the leader- By producing increasingly violent media, gether and we are going to say, what ship of the Senate, that we do have the entertainment industry has for decades can we do in our community to reduce such a high-level special commission so engaged in a lucrative dance with the devil. teen suicide, to reduce child abuse, to we can get at these issues: How did we That was in the New York Times reduce out-of-wedlock births, to reduce get to where we are? How do we get today. It goes on to describe a process the violence, the drug use, to reduce away from this? How do we solve it? that our young people are going those sorts of things in our culture. And we can. through, that a former Army officer Let’s not wait until it comes to us. I thank the Chair, and I suggest the talked about being desensitization, Let’s start binding together as people absence of a quorum. The PRESIDING OFFICER. The conditioning of people, being able to do and forming societies to do this now. clerk will call the roll. heinous violent acts that they are tak- We can do it. If 10 people in any com- The legislative assistant proceeded ing culture conditioning through a munity of a limited size, say, of a quar- to call the roll. ter million, would come together and movie, music, the Internet that just Mr. DORGAN. Mr. President, I ask say, we are going to change the culture constantly bombard them and it desen- unanimous consent that the order for in our community, they could start sitizes them to the humanness sur- the quorum call be rescinded. rounding them. this in their community and they could The PRESIDING OFFICER. Without Dave Grossman, a former Army officer and get it done. With passion, with prayer, objection, it is so ordered. professor at West Point and also the Univer- with people of commitment, they could f sity of Arkansas, says that these are the do it. It could happen. They could move same techniques that were used to great ef- forward. They can change their cul- SOCIAL SECURITY REFORM fect during the Vietnam War to increase the ture. We can each change our culture. Mr. DORGAN. Mr. President, I would ‘‘firing rate’’—that is, the percentage of sol- Let us open our eyes and see what is like to just briefly mention a couple of diers who would actually fire a weapon dur- happening. ing an encounter from the 15 to 20 percent issues this morning. range in World War II to as much as 95 per- The second thing I think we in the First, I would like to comment on cent in Vietnam. Senate need to do is create a special some of the statements made this Grossman has written ‘‘On Killing: The commission on cultural renewal. We weekend, especially by the Senate ma- Psychological Cost of Learning to Kill in need to address this topic. We in the jority leader, but by others as well, War and Society,’’ in which he discusses how Senate should have a high-level com- dealing with the issue of Social Secu- conditioning techniques were used to teach mission of people from multiple walks rity. Vietnam-bound soldiers. of life searching for the answers to two This weekend, on a Sunday talk And then it goes on and he says many questions: One, what made this culture show, our colleague, Senator LOTT, in- of these same techniques are involved the way it is? How did we get to this dicated that he felt that the issue of in our culture today. point we are today? What made us this Social Security reform was dead for Mr. President, we have got to address way? Second, and more important, how this Congress. this. It is time to do something. I think do we change it? Vice President GORE this morning ex- we in the Senate have to say we are not I will be hosting a hearing on May 4, pressed the fervent hope that this is powerless to address this. We can fight asking about the marketing of vio- not the case. I would join the Vice back, and we must fight back. We know lence, in the Commerce Committee. President in saying that it is not good this is going on in the culture today. There we are going to be asking people public policy for our country to give up We know it is out there. We know what to address the point about the mar- on the important task of reforming So- is happening. We know what happened keting of violence in our society and cial Security. in Columbine. We also know, most of how it is being used to sell various The Social Security program has us across the country, it is likely to products and what we can do to stop it. been a critically important program happen again somewhere else, in some I want to be clear, too. We obviously for our country. It has made life so other good high school, in some other have limits in government, and govern- much better for so many older Ameri- place where this never should happen, ment is part of the culture, but it is cans for so long. The problems of our as it has happened in the past in Padu- not the total culture. Government is Social Security system are born of suc- cah, KY; Pearl, MS; other places; limited. This is much more about all of cess—not failure. The success is that April 26, 1999 CONGRESSIONAL RECORD — SENATE S4149 people are living longer and better young boys and girls, and also a teach- works broke for a commercial. The lives in our country. At the start of er. And I asked myself, what is causing commercial break was to encourage us this century, you were expected, on av- this? What is at the root of this kind of to watch a new program called ‘‘Mr. erage, to live to be 48 years old. Now, violence? The Littleton, CO, shooting Murder.’’ I thought to myself, I guess at the end of the century, you are ex- is just the latest in a series of school that says a lot, doesn’t it? We are pected to live on average to about 78 shootings. Unfortunately, there have watching these children at this high years of age—a 30-year increase in life been many others in the last several school under siege by young gunmen, expectancy. years. and then there is an advertisement for For a lot of reasons—better nutri- I can’t watch the television set with- the new program, ‘‘Mr. Murder.’’ tion, breathtaking breakthroughs in out getting tears in my eyes. Moments Is a murder program on television medical science, better medical facili- ago, I was turning on a television set causing these murders in the school? ties—a whole series of things con- and I saw the funeral for a very brave That is not my allegation at all. Does tribute to the success. But the result of teacher who died that day in that it hurt our children? The pop culture of the success is that people are living school in Colorado. We ask ourselves increasingly violent television, in- longer, and that puts strains on the So- over and over and over again, what has creasingly violent movies—or how cial Security system. But we ought not changed? What is causing all of this? about increasingly violent lyrics in shrink from the challenge of those On Friday, I met with a high school music? There is a man in Minot, ND, strains. assembly in North Dakota. We talked whose young boy put a bullet through We can solve this issue. We can make at great length about these issues. This his brain. When he found his son, he Social Security solvent for at least the morning I spent all morning at a youth was lying on his bed with his earphones next 75 years and beyond. Let’s not at detention facility called Oak Hill and connected to a compact disk that was this point decide that the 106th Con- talked to young folks at that facility playing over and over and over and gress cannot deal with the Social Secu- from 12 years old on up, young people over again lyrics to a Marilyn Manson rity challenge. Of course we can. who had committed violent crimes and song saying the way to end all of this President Clinton and Vice President who are now committed to that deten- ‘‘is with a bullet in your head.’’ For 3 GORE made a proposal at the start of tion facility not more than an hour months, he obsessed on this kind of this Congress. Just as a starting point, from this Capitol Building. music, and then his father found him they put forward a proposal to let us I don’t have any better answers per- lying on his bed with a bullet in his sink our teeth into this issue, and haps than anyone else in America head. The teacher of a young boy make it a priority. about these issues. I have some named Mitchell, who killed 4 of his I know there is a lot of controversy thoughts about some of it. Obviously, classmates and 1 teacher and wounded about how you might reform and first, it all starts at home. There isn’t 10 others, testified before the Senate change and improve the solvency of the a substitute for good parenting. Commerce Committee last June. Social Security system for the long One of the young boys this morning She talked about 13-year-old Mitch- term. But I think the best way to ap- at the Oak Hill Detention Center, who ell. She was Mitchell’s teacher, taught proach this—I agree with Vice Presi- has been involved in drugs and violent Mitchell English. He was always re- dent GORE—is for both parties to re- crime, said he only had one parent. He spectful, she said, saying ‘‘Yes, solve that this shall be a priority; we, said his parent checked on him from ma’am,’’ ‘‘No, ma’am.’’ She never saw together, should decide to save Social time to time but he said, ‘‘Checking in him exhibit anger. After the killings, Security in this Congress. on young folks from time to time isn’t she said the classmates had a discus- I ask the majority leader here in the enough.’’ sion. They discovered Mitchell had Senate and others to agree with Presi- Another part of the problem is drugs been obsessing on an entirely new kind dent Clinton and Vice President GORE and the accessibility of drugs. In addi- of music—Bone Thugs and TuPac. And that this ought to be job No. 1 for this tion, a country with 220 to 240 million she told us the lyrics that Mitchell had Congress. Let us together reform the guns, and with seemingly easy accessi- been listening to in ‘‘Crept and We Social Security program, and make the bility to guns by children, makes par- Came’’ by Bone Thugs: changes that are necessary to extend enting more difficult. Cockin the 9 and ready to aim How about the violence children are Pullin the Trigger its solvency for the long term into the To blow out your brains future. exposed to every day? By the time chil- Bone got a gang Again, while we do it, let me remind dren graduate from high school they Man we crept and we came. those who listen to this debate that the will spend about 12,000 hours in a class- This song has about 40 murder im- problems confronted by the Social Se- room and about 20,000 hours in front of ages, like ‘‘puttin them in the ground curity system are not problems of a a television set. Study after study after and pumpin the gun.’’ program that doesn’t work. It works, study, year after year after year shows That is what Mitchell was listening and works well. They are problems re- that the steady diet of violence seen by to. sulting from longer and better lives for our young people on television affects ‘‘Body Rott,’’ by Bone Thugs. Or here many older Americans in this country. their behavior. Does it turn them into are the lyrics from ‘‘I Ain’t Mad at Ya’’ f murderers? No. Does it affect their be- by TuPac. havior? Yes, of course it does. I can see us after school THE TRAGEDY IN LITTLETON, Corporations spend $200 billion a year We’d bomb on the first [blank blank] COLORADO in this country advertising in the With the wrong [blank] on. And from ‘‘2 of Amerikas Most Wanted:’’ Mr. DORGAN. Mr. President, I would media. Yet when we are suggesting Picture perfect, I paint a perfect picture. like to talk just for a moment about through studies that the steady diet of Bomb the hoochies with precision ... the horrible tragedy that occurred in violence offered to our young children Ain’t nuttin but a gangsta party. Littleton, CO, last week. on television is hurting them, the same These lyrics are from Mitchell’s I am a North Dakotan. I have been a people will say, ‘‘Gee, the media has no teacher who wanted us to know what North Dakotan all of my life. I did, influence on our children.’’ If that is he was listening to. however, leave our State to go to grad- the case, why is $200 billion a year Is this part of the culture? Does this uate school in Colorado. Following spent advertising tennis shoes, jerseys, hurt our children? Is it easy to parent graduate school, I worked in Colorado, and more? If it doesn’t work, why do with these kinds of images, these kinds and worked, in fact, in Littleton, CO. It we see it used so extensively? Of course of thoughts coming from our television is a nice community, a suburb of Den- the media has an enormous influence. set, from compact disks? Should we ver. Last week, while these shootings at think through all of this—not just at Last week, I was, along with all school were taking place, as horrifying the surface with parenting, drugs, and other Americans, horrified to see the as it was for everyone in America to guns—but also the issue of pop culture? pictures on television of the school watch SWAT teams move into the If $200 billion is spent advertising in shooting at Columbine High School building and young children run from the media because it influences behav- that took the lives of so many innocent the building in panic, one of the net- ior, should we as parents and should we S4150 CONGRESSIONAL RECORD — SENATE April 26, 1999 as legislators start understanding that costs of removal. Earlier this month at tributed to technical and operational the media then has a profound impact a Senate Energy Committee field hear- improvements at the dams. There is on children as well. Should we under- ing, a representative from Bonneville much more that can be done to im- stand when the media pumps images— Power testified that BPA would lose prove survival rates past the four lower thousands and thousands and thou- approximately $263 million in power Snake dams. Unfortunately, the Army sands of images—of murder that tell revenues in each average water year in Corps of Engineers has been waiting to our young children the way adults perpetuity under medium future eco- see if these dams are going to be re- solve their problems is to kill someone, nomic conditions. BPA also estimates moved before spending any more to stab someone, to murder someone? that removal of the four lower Snake money on further improvements that That is the way adults solve their prob- River dams is likely to increase its could provide immediate benefits. lems, according to television programs. power rates by as much as 30 percent. Although the passage survival is Yes, it is fiction, but how do children The cost of removal itself, the destruc- much higher now, adult salmon returns know that? Yes, you can say parents tion of navigation, the loss of irrigated continue at a distressed level. A likely should do a better job of seeing what farms and the human and community theory is that declines are due to the their children are watching, but it is devastation add untold billions to that rise in ocean temperatures. During the very hard. figure. That cost is vastly out of pro- Easter recess, my Interior appropria- I have a lot more to say about this portion to the salmon recovery goal, tions subcommittee held a field hear- but I know colleagues are waiting. I am much less to the extremely modest im- ing on Northwest salmon recovery in sure I join all of my colleagues in say- provement even in the prospects for re- Seattle. One of NMFS’ own fisheries bi- ing we are heartbroken by what is hap- covery. ologists expressed optimism that the pening in this country and what hap- So dam removal as a rational option likelihood of decreasing ocean tem- pened in Littleton, CO. My thoughts is dead. We in the Pacific Northwest, peratures off the coast in the Pacific and prayers go to all of those families specifically residents in eastern, rural Northwest as indicative of an improv- and friends who lost loved ones. Washington, have been waging this war ing climate for salmon in the North- I watched the images of the funerals with the environmental community. It west. today in Littleton, and I want to be gives me great pleasure today to We are likely to obtain valuable new part of anything any of us can do to try present my assessment of the recently information about adult salmon re- to find reasons and try to develop poli- released National Marine Fisheries turns and likely will witness a dra- cies to see if we can’t steer all of us in Service report on Snake River dams matic change in the ocean environ- a more constructive direction. In the and salmon recovery options. ment. Even under current cir- meantime, my thoughts and prayers I cannot support the effort to dis- cumstances, the difference between re- are with all of those in Colorado and mantle the world’s most productive hy- moving dams, to save fish or barging around this country who today grieve droelectric system when the costs are them around dams is too close to call. for those young children and the teach- so great in relation to the benefit to a And when all the costs of dam removal er who lost their lives. few selected salmon runs. Under the are factored into this equation, it is I yield the floor. current management of the Columbia/ hard to imagine why anyone would The PRESIDING OFFICER. The Sen- Snake River system, Northwest rate- want to take this dubious course of ac- ator from Washington. payers have contributed $366 million tion. f per year on average since 1995 to salm- In the meantime, the debate over on recovery. The plan requires flow dam removal has led to unfortunate PACIFIC NORTHWEST DAM augmentation, dam spill, surface by- consequences. More realistic and cost REMOVAL pass, juvenile and adult fish passage effective salmon recovery measures Mr. GORTON. Mr. President, dam re- improvements, water supply studies, with a proven track record have been moval as a serious option for salmon PIT tag monitoring, and additional delayed. I am committed to securing recovery on the Snake River died last salmon barges. Although many, myself the funds necessary not only for dam week. It was killed by the National Ma- included, have been highly critical of improvements but also for local salm- rine Fisheries Service, the arm of the Federal salmon recovery efforts, the on enhancement groups and other con- Clinton administration assigned to results are beginning to show signs of servation organizations to continue save those endangered salmon. progress. Based on new technology for their efforts to restore salmon habitat Why and how? salmon monitoring using Pit-Tags, throughout the state. Salmon recovery Three runs of salmon on the upper NMFS estimates a significant increase will take place when local people who Snake River were listed as endangered in downriver survival for juvenile care passionately about local water- in 1991 and 1992. On April 14, NMFS an- salmon. It estimates salmon are now sheds have the freedom and the re- nounced its determination that only 19 surviving at a rate of 50 to 68 percent sources to take the steps needed on a percent of salmon smolts barged for juvenile salmon that migrate stream-by-stream and river-by-river around the dams, die. In fact, we now through eight Snake and Columbia basis. know that downriver survival rates are River dams. Since about 60 percent of At my recent field hearing, I was at least as high as they were in the juvenile salmon are barged at a sur- most impressed with the way people in 1960’s before the Snake River dams vival rate of 98 percent, the combined my state are coming together in un- were built! salmon survival rate to Portland, past precedented ways. Rather than focus- As a result, NMFS now believes that eight dams, exceeds 80 percent. ing on past differences, farmers, the chance of recovery for the endan- Why are some in such a rush to con- loggers, fishermen, conservationists, gered runs is only 64 percent if all four sider dam removal when faced with locally elected officials, and countless Snake River dams are removed, as these statistics? According to NMFS, others representing a vast array of in- against 53 percent by continuing to these statistics may be further en- terests and perspectives are working transport smolts around the dams. The hanced during the next three to four together to develop habitat restoration difference is barely statistically sig- years of monitoring the adult fish re- and watershed improvement plans nificant. turning to the river. However, the sin- throughout the state that will not only We can assume that NMFS science is gle-interest advocacy groups claim we provide immediate benefits to our the best available. That science is a can’t wait any longer—they say we salmon resource but will do so in ways vital component of public policy, but must remove the dams now. that will take into consideration the only one component of good public pol- Let me reemphasize one glaring fact. economic and social needs of our com- icy and not absolutely determinative The overall survival rate past the four munities. to the exclusion of all other concerns. lower Snake dams is at least as high A good example of how collaborative So against the modest 11-percent im- today as it was in the 1960’s before the efforts can achieve positive results for provement in survival chances for dams were built, according to NMFS’ the salmon resource recently took these populations of salmon from dam own biologists. Much of this recent im- place in the Hanford Reach area of the removal, we must weigh the immense provement in survival rates can be at- Columbia River. Ten years ago, the fall April 26, 1999 CONGRESSIONAL RECORD — SENATE S4151 chinook stock in the Hanford Reach ago. This is the third time I have made to death in a village in eastern Congo, in was in bad shape. Now it is the most such a trip. I went over to see whether central Africa around the same time. No out- abundant of the wild Columbia River or not the beliefs I have developed over rage was expressed on behalf of many other stocks. This is due largely to the ef- the last 7 months were true, and I came innocents who had the misfortune to be slain just off the world’s stage over the last few forts of the Grant County Public Util- back, really, very convinced that they weeks. ity District which led the effort to in fact are true. Why do 45 white Europeans rate an all-out reach an agreement that protects the For one thing—I have been saying for response [from the administration] while fish by regulating river flows from the quite some time—even though the several hundred black Africans are barely time the adults spawn to the time the President denies it, the President has worth the notice? juveniles emerge from the gravel. planned all along to send American While U.S. officials struggled to provide an Last year, biologists discovered juve- ground troops into Kosovo. I am pre- answer, analysts said the uneven U.S. re- sponses to a spurt of violence in the past nile chinook were stranded after pared to document this. I want to put my remarks into four month illuminates not just an immoral or emerging from the gravel. Grant Coun- perhaps racist foreign policy, but one that ty PUD again led discussions involving categories: One is the administration’s fails on pragmatic and strategic grounds as all review mid-Columbia hydroelectric approach to this war that we are about well. projects, together with federal, state, to get in; secondly, the cost in terms of So now the President wants to send and tribal fishery agencies to develop a both national security and dollars; the U.S. military into Kosovo. Keep in third, refugees; and fourth, what our program to reduce the number of mind, when we talked about this 1 troops are in right now. young fish stranded because of river month ago, he was still denying that Before I do that, I want to go back flow fluctuations. Implementing this he was going to send troops, and yet agreement requires a substantial loss and review a couple of remarks I made on March 23, just a month ago, to put now we find out in the recent meeting in valuable power generation, but rep- which was held by NATO in Wash- resents an unprecedented example of it in proper perspective. A month ago, I stated that I felt if we ington that they are doing an update how hydroelectric projects can work did not try to put a stop to this, we strategy—an update strategy, Mr. proactively and cooperatively with would, in fact, be in a protracted, President. That means perhaps an up- fishery management agencies to pro- bloody long war. This is a war in which date of what we have previously said tect salmon. This model effort deserves we do not have national security inter- was our position on sending in ground our encouragement and support. ests. troops. Clearly, the approach being taken by A lot of people say, ‘‘Well, we do have I have to say, the whole purpose for communities throughout my state is national security interests.’’ I know me to be on the floor right now is to far preferable to the divisive one being this is a relative term. You can argue say I know there is no way to stop this. advocated by those who want to rip out it, I suppose, but the people who are Once American troops are on the dams in the Northwest. Rather than really knowledgeable on this are con- ground in Kosovo, we will all support continuing down this misguided and vinced that we do not have national se- them and do everything we can for the confrontational course which will cost curity interests at stake. American troops. It will be the same more and provide no assurances of en- Henry Kissinger said: situation we faced in Bosnia. We will hanced recovery, I today call on dam The proposed deployment in Kosovo does not be able to turn this around. That is removal advocates to abandon their not deal with any threat to American secu- when it becomes protracted and with- cause, and to recognize the real impli- rity. . . . Kosovo is no more a threat to out an end. cations of the NMFS report. If they are America than Haiti was to Europe. I will recount a trip I made to Kosovo truly interested in restoring salmon, I further went into the conclusion recently—it was in January of this they will work with me and others in that if, in fact, we do not have national year—to find out what Kosovo was the mainstream who want to do some- security interests, it is the humani- really like at that time. Keep in mind, thing now positively to recover our tarian motivation which is getting us Kosovo is only 75 miles across and 75 salmon resource. involved in this war. We are concerned miles long. It is a place that has been But Mr. President, we must keep in about it, and I want to get into some in strife and civil war since 1389. mind one important fact. Environ- detail about that. As I was going across Kosovo, I had a mental bureaucrats in the Clinton- There are some things I have discov- couple of experiences. One experience I Gore administration have made it their ered in the last 3 days. However, a had was seeing two dead bodies. These standard operating procedure not to month ago I mentioned that if this is were obviously soldiers. When we listen to what I, much less the region, the case and if we are concerned about turned them over, we saw that they thinks about dam removal. In fact, the humanitarian problems that exist all were not Albanians; they were Serbs. Administration must have an unwrit- around the world, why are we not con- They had been executed at close range ten rule somewhere not to pay atten- cerned about the 800,000 who have been by the KLA. tion to local people in the communities killed in ethnic strife in Rwanda, the We went on a little bit further. I saw that would be destroyed by such ac- thousands who have been killed in on the map something called a ‘‘no-go tion. It’s alarming that while the re- Ethiopia, the 140 civilians killed by zone.’’ I said: I would like to go in to gion is increasingly united in its effort paramilitary squads in Colombia, in- see what it is like. They said: You to preserve dams and the Northwest cluding 27 worshipers slain during a can’t do that; it is occupied by the way of life, from the local level to the village church service? Why is there no KLA, the Albanian military, and they statehouse to our congressional delega- outcry for United States involvement will kill anybody who comes in. They tion—the administration and the envi- in these obvious humanitarian situa- don’t care if you are a United States ronmental community refuses to con- tions where far, far more people have Senator or someone from the press. cede. been brutally murdered than in the Nonetheless, you will be dead if you go The PRESIDING OFFICER. The Sen- current Kosovo crisis? in there. ator from Oklahoma. Let me share with you, as I did back We did not go in. Mr. INHOFE. Mr. President, I ask on March 23, a couple of paragraphs Then we rounded another corner. unanimous consent I be allowed to from an article in the Minneapolis-St. There was a rocket-propelled grenade, speak in morning business for up to 25 Paul Star Tribune. This was written on an RPG–7, that was aimed right at our minutes. January 31, 1999. This was just a few heads. They put it down, and we went The PRESIDING OFFICER (Mr. ROB- days after 45 people were killed in over and found out they were Alba- ERTS). Without objection, it is so or- Kosovo. Let’s keep that in mind when nians, not Serbs. dered. putting this in the proper context, Mr. I am saying this, and I said this back f President. on the 23rd of March, for a specific rea- I am quoting from the Minneapolis- son, and that reason is that while THE BALKANS St. Paul Star Tribune: Milosevic is a bad guy, he is not the Mr. INHOFE. Mr. President, I re- But no one mobilized on behalf of perhaps only bad guy in that conflict which is turned from Albania just a few hours 500 people who were shot, hacked and burned taking place. S4152 CONGRESSIONAL RECORD — SENATE April 26, 1999 There is one more thing I will men- Staff said, ‘‘We must be prepared to Let’s keep in mind that China and tion with Henry Kissinger that I men- take losses.’’ The Marine Corps Com- Russia have missiles that will reach tioned back on the 23rd of March. He mandant, General Krulak, said it will the United States of America, and they said: be ‘‘tremendously dangerous.’’ And have every different kind of weapon of Each incremental deployment into the George Tenet, the Director of Central mass destruction put on those missiles. Balkans is bound to weaken our ability to Intelligence of the United States, re- So it is just exactly the opposite of deal with Saddam Hussein . . . . minded us that Kosovo is not Bosnia, what the President said. That war Of course, this is the most critical and if we get on the ground there, their started because the superpowers of the thing we are dealing with. I happen to participants are not tired and worn time took each side in a civil war that chair the Senate Armed Services Sub- out, they are ready and willing and cul- was taking place in what was then committee on Readiness. This com- turally prepared to fight and to kill Yugoslavia. mittee is in charge of all readiness Americans. I have said several times that the issues and military construction, all I mention that, Mr. President—that President has not been telling the training. Since this President took of- was a month ago—to get it in a context American people the truth in terms of fice, we have watched what has hap- that helps me to understand where we ground troops and the number of pened with our military and our ability are today. I want to mention, I am not ground troops that are going to be to defend ourselves. I am going to saying this as a Republican; I am say- going in. I would like to quote now to elaborate on that a little bit later. ing this as a Member of the U.S. Senate try to validate what I have said. Gen- The bottom line is, we are one-half and as the chairman of the Senate eral Wesley Clark, who is the Supreme the strength we were when he took of- Armed Services Readiness Sub- Allied Commander for NATO and our fice. I quantify that by saying one-half committee, with a responsibility to troops in Europe, said—this is way of the Army divisions, one-half of the tell the truth about what is going on. back in the beginning, 7 months ago— tactical air wings, one-half of the The American people have not been ‘‘We never thought air power alone ships. We have gone down from a 600- hearing the truth. They have heard could stop the paramilitary tragedy ship Navy to a 300-ship Navy. And all that the President does not want to . . . everyone understood it. . . .’’ these things are happening at a time send in ground troops, and yet we know And just a week ago, Thursday, the when we do not have the capacity to he does want to send in ground troops. Presiding Officer will remember, be- fund and to logistically support an- I have to say that the President of the cause he was sitting there, Secretary other ground movement. United States, Bill Clinton, has a pro- Bill Cohen, in whom I have the most A month ago, I went by the 21st pensity to say things that are untrue respect, said, ‘‘We would try diplo- TACOM. It is located in Germany. Its with great conviction. And for that macy, and that’s what Rambouillet function is to logistically support reason, I am afraid there are a lot of was all about . . . we would try deter- ground operations. At that time, the people who are afraid of this man, be- rence . . . but failing that, we under- 21st TACOM said they were at 100 per- cause he is so adept at getting the stood that [Milosevic] could take ac- cent capacity and could not take on American people behind him. tion very quickly and that an air cam- any more responsibilities because they One of the things he has said that is paign could do little if anything to stop were devoting all their attention to not true is what he told the American him.’’ Bosnia. The trucks were going into people as to the reason why we were So we have not just the experts in Bosnia from Hungary, taking every- going to get involved. He talked about the field, the commanding general, but thing necessary to keep that exercise the history, and he said that this is ex- also the Secretary of Defense who said going. actly what precipitated World War I, they have known all along we are going I looked at the problem we have and the same thing with World War II. to have to send troops in. Obviously, within the administration in the 21st I am not a historian, Mr. President, they both work for President Clinton. TACOM. This President has cut the certainly not the historian that you And President Clinton knew it. number of troops managing from 28,500 are, but I would say there are some his- I was a little disturbed last week to 7,300. They are operating with just a torians around who have voiced them- when Joe Lockhart, in one of his press fraction of the number they had before, selves on this. conferences, brushed off some ques- about one-fourth. Again, going back to Henry Kis- tions, and then he volunteered without I asked the question: If we get into singer, no one will question his creden- a question being asked—he said, ‘‘Sen- something—at that time, we thought it tials concerning the history of that re- ator INHOFE is wrong in that we are in was going to be Iraq; we didn’t know gion and that period of time. He said— great shape. Our state of readiness is about Kosovo at that time—if some- and I am quoting now—‘‘The Second just as good as it was back in 1991,’’ or thing happens and we need ground World War did not start in the Bal- words to that effect. And I have to say troops in Iraq, what are you going to kans, much less as a result of its ethnic either he is intentionally lying or just do? That is in your theater, too. conflicts,’’ totally refuting what the incredibly misinformed, because, as I They said: We couldn’t do anything. President told the American people. He said before, we, right now, are one-half We would be 100 percent dependent goes on—and this is further quoting the troop strength that we were in 1991. upon Guard and Reserve. As we know, —‘‘World War I started in the Balkans I think it is a terrible disservice for our critical operational specialities, not as a result of ethnic conflicts but Joe Lockhart and the President to try MOSs, are failing in our Reserve and for precisely the opposite reason: be- to convince the American people that Guard components, and the reason is cause outside powers intervened in a we are more prepared than we really that we have had so many deployments local conflict. The assassination of the are. under this administration that they Crown Prince of Austria—an imperial I would like to also mention that the cannot be expected to leave their jobs. power—by a Serbian nationalist led to President is breaking the law today. I A doctor can no longer expect to leave a world war because Russia backed’’— was over there in just the last 3 days, his practice for a period of 270 days and listen to this, Mr. President—‘‘Russia and I went in there on a C–17. That C– go back and have any practice left. And backed Serbia and France backed Rus- 17 had multiple launch rockets right the same thing is true with the em- sia while Germany supported Austria.’’ there, all of them hot and ready to be ployers around the country. So we have That is exactly the same thing right fired—two of those, along with some those serious problems. Again, this is now. If a person wanted to start World two pallets of additional ammunition, from a month ago. War III, based on the model that took a humvee, and additional troops. And lastly, I mention, in a hearing place for World War I, they would do Troops are there right now within before us, what the various generals exactly what we are doing; that is, go the sight of the border of Kosovo. And had said. General Ryan, who is the in there and say to Russia and to one of our most brilliant Senators, Chief of Staff of the Air Force, said, China, who is with Russia, ‘‘All right. Senator PAT ROBERTS, had passed an ‘‘There stands a very good chance that We don’t care what you say, we’re amendment to the 1999 defense appro- we will lose aircraft against the Yugo- going to get involved in a war here,’’ priations bill where he said that the slavian air defense.’’ The Navy Chief of and rub their nose in it. President cannot deploy troops to—and April 26, 1999 CONGRESSIONAL RECORD — SENATE S4153 he named different places, which would will tell you, that is a pretty good deal. approaching 400 sorties coming out of include this area—unless eight dif- ‘‘Let’s go ahead and escalate,’’ if you Ramstein Air Force Base. These are C– ferent conditions were met. One was are Tony Blair. 17s carrying our equipment. You go that we have national security inter- I have a problem with all these over there and you get on the ground ests; No. 2, why they are national secu- multinationalist things, obligations or where all of our troops are in tent cit- rity interests; No. 3, what is the mis- obsessions, that this President has. In ies. You see everything over there is sion; No. 4, what is the exit strategy; the case of NATO, we have 80 percent American. of the effort right now we are paying No. 5, what is the cost; No. 6, identify I will also mention the cost of this for and yet we only have 5 percent of the cost; No. 7, how it will affect readi- and the three scenarios. One scenario is ness; and there is an eighth one. He has the vote. you just send the troops in as far as not complied with any of these eight. I General Hendrix is the commander in Kosovo, and that would be about 60,000 say just by sending them into Albania, chief of the 5th Corps over there. The troops, according to what I found out he has already broken that law. 5th Corps, Mr. President, has 50,000 The second area I want to get into is troops. To give you an idea of the sig- over there, 30,000 of which would be cost. In ‘‘cost,’’ I am not talking about nificance of what is going on right now Americans. Or the next step, if we went just dollars but also national security. with the deployment to Tirana, just all the way and took Belgrade, that Because the President has decimated south of the Kosovo border, where I would take 200,000 troops, of which half our defense budget, we no longer can just came back from—where you have would be U.S. troops. Or if we wanted defend America on two simultaneous, already been—he is there now full to destroy Yugoslavia altogether, it what they call MTWs—major theater time. And what do we have? As of would take a half million troops, a wars. Ninety percent of the American today, we have 5,000 troops—wait a quarter million of those would be people think we can because they have minute—we have 5,000 out of his 50,000, Americans. been told we can, but we cannot. We and he is spending all of his time there. I thought this was interesting be- are not able to do that. We are one-half Why is he doing that? I can tell you— cause I found this out when I was over the force strength we were. and I am sure the others who have been there. And I thought I had heard these In addition to that, we are handling over there are fully aware—the big figures before. The Heritage Founda- all of these deployments. We have had problem is that the decisions on tar- tion came out on April 21 and put down more deployments in the last 6 years gets for our military aircraft are being the cost of the three options, and I than we had in the 20 years prior to made by committees. You have NATO. found that to be exactly what I found that. In almost every case, they are You have all these other countries that out over there. The only thing is, they being deployed in areas where we have have to pass on targets. It is my under- went one step further. They included no national security interests. So we standing that even the President per- U.S. casualties and the cost. The cheap are paying without any national secu- sonally wants to pass on those targets. way, going into Kosovo, would cost rity interest. This is a big difference from the war from $5 billion to $10 billion—this is I think it is very interesting to note in Kuwait in 1991. George Bush and the the United States cost—and would take that, of the great effort we have put administration got together and said, from 500 to 2,000 American casualties. forth in the air, which has been very we have a serious problem over there. The second, going into Belgrade, would successful in terms of our deployment We are going to have to take care of it. be $10 billion to $20 billion. It would and our ability and our equipment, a This is our mission. Colin Powell and take a toll of 5,000 to 10,000 American total of 480 aircraft were used. Well, General Schwarzkopf, you go out and casualties. The third, $50 billion to $60 guess what, Mr. President. Three hun- do it. These people are experts. They billion, and that would result in 15,000 dred sixty-five of those 480 were us, the are professionals. So is General to 20,000 casualties. United States of America. Hendrix, but he is not able to do it on So we have Tony Blair standing up his own because these are committee I ask unanimous consent to have a and making these great profound state- decisions as to where they are supposed chart printed in the RECORD. ments: ‘‘We have to escalate the war.’’ to be able to fire at their targets. There being no objection, the chart That is easy for him to say. We have I will just update for a minute. This was ordered to be printed in the 365 airplanes over there. He has 20. I is as of 2 or 3 days ago. We are just now RECORD, as follows: GROUND TROOP SCENARIOS FOR U.S. MILITARY ACTION IN YUGOSLAVIA

Time needed to execute mis- Number of ground troops required Time needed to field force sion U.S. casualties ad cost

Destroy All of Yugoslavia’s Military Forces and Occupy the En- 500,000 NATO troops, including at least 250,000 Americans 6–8 months ...... Open-ended ...... 15,000–20,000 casualties: $40 to $50 tire Country. billion in the first year. Seize and Occupy Belgrade ...... 150,000–200,000 NATO troops, including 75,000–100,000 3–6 months ...... 1–2 months ...... 5,000–10,000 casualties: $10 to $20 bil- Americans. lion. Expel Yugoslavia’s Forces in Kosovo ...... 50,000–70,000 NATO troops, including 20,000–30,000 Ameri- 1–3 months ...... 4–6 weeks ...... 500–2,000 casualties: $5 to $10 billion. cans.

Mr. INHOFE. So we have that very We knew this was coming. I am read- They all said the same thing. They said serious problem. ing now from the Washington Post of that, in fact, they didn’t have any problems until the bombing started. I I will briefly, in the remaining time, March 31: was interviewed by a Tirana TV sta- talk about the refugee situation. The For weeks before the NATO air campaign against Yugoslavia, CIA Director George tion, I think it was Tirana. It was Al- toll we have heard about in terms of Tenet had been forecasting that Serb-led banian, anyway. And they said, What is deaths over there has been somewhere Yugoslavian forces might respond by accel- the United States going to do about all between 2,000 and 3,500. NATO is now erating ethnic cleansing. these refugees? I said, What do you saying 3,500; some are saying 2,000. Then when we asked Secretary Cohen mean, what are we going to do? He Let’s say 3,000. That means that 1 out about this, he said: said, You are the reason we are here. of 600 of the Kosovar Albanians has lost With respect to George Tenet’s testifying You are the ones that bombed, and that his life, 1 out of 600. If you compare that the bombing could, in fact, accelerate is what has caused the ethnic cleansing that—I have a ministry in West Africa. Milosevic’s plans, we also knew that. and the forced exodus. Three weeks ago, I came back from So they knew it. The President knew Mr. President, I ask unanimous con- there. In the two countries of Angola it, and the administration knew it. I sent for 5 additional minutes. have to say this—and this has not been The PRESIDING OFFICER. Without and Sierra Leone, for every 1 person observed by anyone so far—I inter- objection, it is so ordered. who has lost his life in Kosovo, 80 have viewed these refugees just 2 days ago. Mr. INHOFE. Mr. President, I have to lost their lives in just those two coun- When I interviewed the refugees, I say one other thing about the refugees. tries alone. found some very interesting things. The refugees, in spite of the fact it is a S4154 CONGRESSIONAL RECORD — SENATE April 26, 1999 horrible thing that some 3,000 of them I will say this, and I am not enjoying after an interchange of ideas and after have lost their lives, still when you doing this. There is only going to be a debate. In so many instances now, we look at the refugees, I was shocked to one possible way to keep us out of a have seen erosion of the congressional find out, as perhaps you were, that war, in my opinion, because the Presi- authority to declare war. Korea was a they are very well off, considering they dent is going to send in troops. Once war without a declaration by Congress. are refugees. Kids are all wearing Nikes our American troops get into Kosovo, Vietnam was a war without a declara- and were very well dressed. They have it is irreversible. One way to keep that tion by Congress. Only the Gulf of Ton- the food that they need to eat. They from happening is if the American peo- kin resolution has been held up by seem to be in much better shape, cer- ple wake up and realize that we are some as a thinly veiled authorization tainly much better shape than the ref- getting involved in a war where we do for the military action taken by the ugees in some other areas. not have any national security inter- United States in Vietnam. Lastly, I want to mention the troops. ests. We are getting involved in a war I believe that we must be very, very Our troops are doing a great job. I just that is keeping us from adequately de- cautious not to repeat the mistake of couldn’t feel better about that. But I fending America in areas where we do the Gulf of Tonkin resolution and not really want to get into this, because have a national security interest such to endorse hastily a resolution pro- the New York Times said, on April 13, as Iraq or North Korea. Let us keep in posed by some of our colleagues in the we are going into Kosovo, the middle of mind that in Korea we still have about United States Senate to authorize the nowhere, with no infrastructure. They 367,000 troops and their families. This President to use whatever force the will be naked, an official told the New would greatly impair them. I hope we President may determine to be nec- York Times. can have a concerted effort and a wake- essary in the military action against I went in there and I found that is ex- up call to the American people to stop the Federal Republic of Yugoslavia. actly right. Our troops have just ar- this President from starting this war I am not prepared to give the Presi- rived there, and they are up to their that we will all live to regret. dent a blank check. I believe that the knees, literally, in mud in a tent city. Mr. President, I yield back the re- constitutional responsibility of a Sen- You have to keep in mind that Albania mainder of my time. ator and the entire Senate, both has some things that are very unique. Mr. SPECTER addressed the Chair. Houses of Congress of the United First of all, it is the poorest country in The PRESIDING OFFICER. The dis- States, involves a deliberate judgment Europe. Secondly, it is always listed as tinguished Senator from Kansas and as to what ought to be undertaken be- one of the three most dangerous coun- Pennsylvania is recognized. fore we involve the United States in tries in the world. And third, a guy Mr. SPECTER. I thank the Chair. I war and before we, in effect, have a named Hoxha came along right after thank the Chair doubly for the double declaration of war. And there are the Second World War, and he actually acknowledgment of representation, the many, many very important questions declared, and it is still official policy, distinguished Presiding Officer being which have to be answered before this it is the only nation that has a de- the Senator from Kansas and this Sen- Senator is prepared to authorize the clared policy of atheism. So we are ator having been born and raised in executive branch—the President—to dealing with that kind of people there, Kansas. If the sitting Senator from use whatever force the President deems too. Kansas acknowledges representation of necessary. Then something happened in 1997. It that State, I second the motion. First of all, we need to know what is called a pyramid scheme. In 1997, Mr. President, I ask unanimous con- the U.S. commitment will be. We need these poor Albanians, from this coun- sent that I may speak for up to 15 min- to know what the plan is. We need to try in poverty, as poor as Haiti, re- utes in morning business. know the strength of the Serbian volted and they took over the military. The PRESIDING OFFICER. Without Army, the military forces of the Re- When they did that, they took over all objection, it is so ordered. public of Yugoslavia. We need to know the weapons they had. What kind of f weapons did they have? They had rock- to what extent the airstrikes so far et-propelled grenades, RPG–7s. They NATO ACTION INVOLVING UNITED have degraded or weakened the mili- had AKA–47s. They had SA–7s, a shoul- STATES AGAINST FEDERATION tary forces of the Serbs or the Republic der-launched, surface-to-air missile OF YUGOSLAVIA of Yugoslavia. We need to know what that can knock down one of our Mr. SPECTER. Mr. President, now the other commitments will be from Apaches very easily, and they had mor- that NATO has celebrated its 50th an- the other NATO nations. We need to tars. So here we have our troops who niversary with unity, I believe it is im- know how long our commitment will are there in the mud without any infra- portant that the Congress of the United be, or at least some reasonable esti- structure protecting them and with all States should now carefully assess mate as to how long we may be ex- of this hostility around them. I might what action is next to be taken by pected to be in Kosovo. also add, I was sorry—I hate to even NATO involving the United States We know that the initial deployment say this—that one of the units that against the Federal Republic of Yugo- in Bosnia was accompanied by a Presi- came in there when I was there was the slavia. dential promise to be out within a mortician unit, so the body bags have It is critical that Congress discharge year. That was extended by a period of arrived. its constitutional responsibility where time. That extension was re-extended, Mr. President, if there is ever a scene the Constitution specifies that only the and now we don’t even have an outer that is set for gradual escalation and Congress of the United States has the limit as to how long we are to be in for mission creep, this is it. I can see authority to declare war and to involve Bosnia. our Troops going in right now. When the United States in war. The black- We know that the President has the President, who has already decided letter pronouncement of the Constitu- come forward with a request for $5.9 he is going to send in American troops, tion is sufficient reason in and of itself billion in additional funding. I believe takes these troops and puts them for meticulous observance, but the pub- the Congress of the United States will across the border—and we were stand- lic policy reasons behind that constitu- support our fighting men and women. ing there watching these high moun- tional provision are very sound. Unless But that is a large bill; about $5.5 bil- tains where the border is—if they go in there is public support for war, shown lion is for military machinery, oper- that way, or they go around through first through the action of the Con- ations and equipment. It was a surprise Macedonia or some other way, and gress of the United States, it is not re- to many that in the course of that they have to take over Kosovo and get alistic or possible to successfully pros- military operation, we were on the the Serbs out of Kosovo, that mission ecute the war. We learned that from verge of running out of missiles; that is going to creep into the Belgrade sce- the bitter experience of Vietnam. our munitions supply was questionable; nario, and then that will creep into the When the Congress of the United that our supply of spare parts was Yugoslavia scenario, and let’s remem- States makes a declaration, either for- questionable. Many of us on this floor, ber what the Heritage Foundation said mally or through a resolution, it hap- including this Senator, have argued in terms of American casualties. pens after deliberation, after analysis, that our military has been reduced too April 26, 1999 CONGRESSIONAL RECORD — SENATE S4155 much. And now there is a debate under- to the Gulf of Tonkin Resolution, au- Mr. SPECTER. Mr. President, I ask way as to whether the President’s re- thorizing the President to use what- unanimous consent that I might speak quest for $5.9 billion ought to be sup- ever force the President deems nec- for an additional 5 minutes. plemented to take care of many items essary. I believe there should be no The PRESIDING OFFICER. Is there that have been overlooked in the past— blank check for this President, or for objection? issues of military pay, issues of muni- any President. But I am prepared to Without objection, it is so ordered. tions, the overall readiness of the listen to a concrete, specific plan that f United States. evaluates the risks, that evaluates the THE PALESTINIAN AUTHORITY When the distinguished Prime Min- costs in terms of potential U.S. lives. I ister Tony Blair was in the United am not prepared to commit ground Mr. SPECTER. Mr. President, I urge States last week, I had occasion to talk forces without having a specific idea as the Palestinian Authority not to take to him personally and get his views as to what the realistic prognosis will be. unilateral action on May 4 to declare a to what ought to be done in our mili- The Senate of the United States Palestinian state. That date, May 4, tary action, the NATO military action, passed a resolution on March 23 au- 1999, marks a period where significant against the Federal Republic of Yugo- thorizing airstrikes, but strictly guard- speculation has been undertaken as to slavia. Prime Minister Blair talks ing against ground forces. The air- whether the Palestinian Authority about ground forces. I asked the obvi- strikes constitute a clear-cut act of would make such a unilateral declara- ous questions as to how many the war, and the resolution of the Senate tion of statehood because of their dis- United Kingdom is prepared to commit, of the United States is not sufficient satisfaction with the progress of the how many the U.S. will be called upon under the Constitution. There has to be negotiations under the Oslo accords. I to undertake, and what we have done a joinder with the House of Representa- urge the Palestinian Authority not to by way of degrading the Yugoslav tives. So it is my thought that before take any such action on the grounds forces by air attacks. To his credit, any further action is taken, before that is a matter for negotiation under Prime Minister Blair responded that there is any suggestion of a commit- the Oslo accords, and that it is some- those were all unanswered questions. ment of ground forces, that matter thing that ought to be decided between Well, before I am prepared to vote for ought to come before the Congress and the parties to those accords—the State the use of force, I think there ought to ought to receive prior congressional of Israel and the Palestinian Author- be some very concrete answers to those authorization before any such force is ity. questions. The President of the United used, and that the entire Congress of I had occasion to discuss this matter States was quoted as saying that he the United States ought to review the personally with Chairman Yasser was prepared to reevaluate the ques- military action that is undertaken at Arafat when he was in the United tion of the use of ground troops be- the present time, and that it is in fact States a little over a month ago when cause that request had been made by beyond the prerogative of the Presi- I was scheduled to visit him in his the Secretary General of NATO. Frank- dent under his constitutional authority hotel in Virginia, but I had the oppor- ly, I am just a little bit surprised that tunity to confer with Chairman Arafat the Commander in Chief of the U.S. as Commander in Chief, but it is real- istically a matter that is decided by in my hideaway. military forces is looking to the lead- For those who don’t know what a ership of the Secretary General of the Congress. Make no mistake. There are very hideaway is, it is a small room in the NATO when the United States is play- Capitol downstairs 2 minutes away ing the dominant role and supplying vital interests involved in the action from the Senate floor; small, but ac- the overwhelming majority of air now being undertaken against the Re- commodating. power and materiel in our military ac- public of Yugoslavia. NATO’s credi- On that occasion, Chairman Arafat tion against the Federal Republic of bility is squarely on the line. The and I discussed a variety of topics, in- Yugoslavia. credibility of the United States is It seems to me the leadership ought squarely on the line. The activities of cluding the question of whether the to be coming from the President. The the Serbs, the Republic of Yugoslavia, Palestinian Authority would undertake leadership ought to be coming from the in what is called ethnic cleansing, a unilateral declaration of statehood. United States. We certainly are footing which is a polite name for ‘‘barbaric I might say to the Chair in passing the bill, and we certainly are the major massacres,’’ is unparalleled since just a small personal note that when I actor. So if, in fact, there is a justifica- World War II. And there are very major accompanied President Clinton to tion for a greater authorization by the humanitarian interests which are cur- Bethlehem in December of last year, I Congress, that word ought to come rently being served. was struck by a large poster which had from the President, through the leader- This body has never come to grips, in the overtones of a political poster. It ship of the President, telling us in a my opinion, with the square deter- had a picture of the President on one very concrete way the answers to the mination as to whether vital U.S. na- side with his thumb up, and it had a important questions that I have enu- tional security interests are involved, picture of Chairman Arafat on the merated. and that is the traditional test of the other side. It was a political poster. This Senator understands there are use of force. But we are on the line; our The picture had not been taken with no absolute answers to the questions, country is on the line. NATO, a very President Clinton and Chairman Arafat but we ought to have best estimates, important international organization, together, but it had that symbolism for and we ought to have a very candid as- has its credibility on the line. And we the occasion of the President’s visit to sessment from the United States mili- must act in a very thoughtful, very Bethlehem. tary, who, so far, have been less than careful way after important informa- I took one as a souvenir. As we Sen- unequivocal in their responses as to tion is presented to the Congress by ators sometimes do, I had it framed whether the airstrikes alone can bring the President, because only the Presi- and it is hanging in my hideaway so President Milosevic to his knees. The dent is in a position to answer the crit- that when Chairman Arafat came into answer that is given by the Chairman ical questions. Then the deliberation of the hideaway and saw the picture of of the Joint Chiefs of Staff, General the Congress ought to take shape, and himself and President Clinton, he was Shelton, is that the military will be de- we ought to make a determination in very pleased to see it on display and in- graded. But there is a more funda- accordance with the Constitution sisted on having a picture of himself mental question which needs to be an- whether the Congress will authorize taken in front of the picture of himself, swered—whether the airstrikes will be the executive branch to use force, to which is not an unusual occurrence, successful, or whether the airstrikes send in ground troops, or what the pa- whether you are a Palestinian with the will sufficiently weaken the Republic rameters of that declaration would be. Palestinian Authority, or from even of Yugoslavia so that we at least have Mr. President, how much time re- the State of Kansas, or the State of an idea, if there are to be ground mains? Pennsylvania. forces, what the results will be. The PRESIDING OFFICER. The Sen- In the course of our discussions, I But I believe very strongly that we ator from Pennsylvania has 2 minutes urged Chairman Arafat not to make should not pass a resolution analogous 20 seconds remaining. the unilateral declaration of statehood. S4156 CONGRESSIONAL RECORD — SENATE April 26, 1999 He said to me that it was not up to Mr. President, I would like to talk The lockbox is designed to guarantee himself alone, but it was up to the for about 10 minutes as if in morning that all Social Security surplus funds council. business, if I may. will be reserved for Social Security Then he made a comment that he The PRESIDING OFFICER. Without alone. This, of course, has not been the questioned whether the Palestinian objection, it is so ordered. case. It is difficult to do, frankly. We Authority had received sufficient cred- The Senator is recognized. have never had a place to put it. When it for the change of its Charter elimi- Mr. THOMAS. I thank the Chair. we have a life insurance program or an nating the provisions in the PLO Char- f annuity program, there has to be some- ter calling for the destruction of Israel. where to put those funds so they draw SOCIAL SECURITY In 1995, Senator SHELBY and I pro- interest. Of course, under the law, the posed legislation, which was enacted, Mr. THOMAS. Mr. President, clearly only place they can be invested is in that conditioned U.S. payments to the the discussions on Kosovo are domi- government securities. Palestinian Authority on changing the nating the day and should. But I hope They are set aside here, but they are Charter and on making the maximum that we don’t forget that we do have an spent. Of course the President is sug- effort against terrorists, so that when agenda that we need to go forward with gesting he would raid the Social Secu- Chairman Arafat raised the question as well. So I want to talk a few min- rity to the tune of about $158 billion, about whether there had been suffi- utes today about Social Security. after having talked for 2 years about cient recognition given to the Pales- Specifically, I would like to talk a saving Social Security. tinian Authority for changing the little bit about our efforts to protect I am concerned that the current de- Charter, I told him that I thought he and strengthen the Social Security sys- bate is going to become very difficult: was probably right and that there had tem. We have talked about it for a very How do we pay for Kosovo? How do we not been sufficient recognition given to long time. pay for increasing the support of the the Palestinian Authority for that It is not a surprise that without some military? How do we pay for the emer- change. changes, the Social Security program gency funds that are in the process of He then asked me if there would be will not be able to accomplish what it being provided for Central America? recognition given to the Palestinian is designed to accomplish. Nearly ev- We have budget spending limits Authority if it resisted a unilateral eryone recognizes that we have to do which I think are key to keeping a declaration of statehood. something different than we have been smaller Government, to keeping a re- I said to Chairman Arafat that I per- doing. I will, in fact, say that there is sponsible Government. When we go sonally would go to the Senate floor on not a consensus as to what that ‘‘some- outside of those spending limits with May 5 if a unilateral declaration of thing different’’ ought to be. emergency spending, it goes from So- statehood was not made on May 4. But the goal surely can be shared by cial Security. Last year, for example, Being a good negotiator, which we most everyone. The goal is to be able the President insisted, with the threat know Chairman Arafat is, he asked if I to know that we can continue to pro- of closing down Government, that we would put that in writing. I said that I vide benefits for the beneficiaries and had to spend $20 billion in emergency would. On March 31 of this year, I those that are close to being bene- funding. I suppose no one would argue wrote to the chairman as follows: ficiaries, and at the same time be able if emergency funds are a genuine emer- gency, such as weather disasters or DEAR MR. CHAIRMAN: Thank you very much to provide benefits in the long run for for coming to my Senate hideaway and for young people who are now just begin- taking care of our troops in Kosovo, we our very productive discussion on March ning to have deducted from their sal- are going to do that, by all means. 23rd. ary Social Security payments. I sus- When we start talking about how we Following up on that discussion, I urge pect all of us want to do that. build up the Armed Forces, I think we that the Palestinian Authority not make a I have a mother who I am concerned ought to take a look at whether that unilateral declaration of statehood on May comes as an emergency or, in fact, 4th or on any subsequent date. The issue of about who has Social Security. I have 5-year-old twin grandchildren and I am comes out of our budget. the Palestinian state is a matter for negotia- We are trying to move to some kind anxious about their security. That is tion under the terms of the Oslo Accords. of financially sound lockbox. In 2014, I understand your position that this issue the kind of issue we have. Social Security begins to run in a def- will not be decided by you alone but will be I notice today’s newspaper expresses icit. Social Security started about 60 submitted to the Palestinian Authority relief that we will go forward with So- years ago, I think—in the 1930s. People Council. cial Security. There was some discus- When I was asked at our meeting whether paid 1 percent of $3,000—$30—into So- sion last week that it would not move. you and the Palestinian Authority would re- cial Security. There were 31 people I will talk a little bit about the ceive credit for refraining from the unilat- working for every beneficiary. Of lockbox legislation. We are seeking to eral declaration of statehood, I replied that I course, now that has changed. Now we would go to the Senate floor on May 5th or push through a Social Security all pay 12.5 percent of our earnings up as soon thereafter as possible and com- lockbox. What does that mean? It to $70,000 or more, moving up. There pliment your action in not unilaterally de- means we take that amount of money are, I think, fewer than three people claring a Palestinian state. which comes in as Social Security now I look forward to continuing discussions working for each one drawing benefits. and set it aside so that it will be used with you on the important issues in the Mid- In the near future, it will be fewer than East peace process. for Social Security. two. That is the sort of dilemma with Over the years, we have had what is Sincerely, which we are faced. ARLEN SPECTER. called a unified budget, and all the I suppose there are many consider- Mr. President, I decided to make this money that comes in—whether from ations to look at, but there are three public comment to emphasize my view, Social Security, income tax, highway that are obvious. and I believe the view shared by many, funds, or whatever—goes into the uni- One, you could reduce benefits. Not if not most, in the Congress of the fied budget. many are prepared to do that; even United States that, in fact, the Pales- This year, for the first time in 25 though Social Security, of course, is tinian Authority should not unilater- years, we have had a balanced budget, not a retirement program, it is a sup- ally declare statehood, but should but it is a unified budget. If you took plementary program. For a high per- leave it to negotiations under the Oslo Social Security out of that balanced centage of people, that is, indeed, their accords. budget, it would not be balanced. In- largest income requirement. I thank the Chair. deed, it would be somewhat in deficit. Two, you could increase taxes. I I yield the floor. We need to understand what that is. don’t think there is a great deal of ex- Mr. THOMAS addressed the Chair. Now that we are close to having a uni- citement about that. I do not think it The PRESIDING OFFICER. The dis- fied budget in balance and close to hav- is a great idea. Social Security taxes tinguished Senator from Wyoming is ing it without Social Security, now we are the largest tax that most Ameri- recognized. have an opportunity to do the things cans pay. Mr. THOMAS. Thank you, Mr. Presi- with Social Security dollars that I be- Three, increase the rate of return on dent. lieve we need to do. the money that is in the trust fund. April 26, 1999 CONGRESSIONAL RECORD — SENATE S4157 That is one of the things we are talk- body and who died yesterday at As a young staffer, I would be invited ing about doing, trying to put together Omaha, NE, at the age of 94. Senator in to the outer ring of those distin- a personal account—not to take all of Hruska served with my friend, the dis- guished United States Senators and the 12 percent but to take, say, 3 or 4 tinguished Senator from South Caro- would stand and watch and listen. Sen- percent out of the 12, about a third of lina. ator Hruska would never fail to intro- the money. Let it be your account, In a day when some might question duce me to his colleagues and make me your personal account. If, unfortu- the morality of public service, the ci- feel not only welcome but a part of nately, you were not able to live long vility of public service, the genuine- Government, a part of what he was enough to get all of your money out of ness of public service, and the goodness doing. it, it would go to your estate. of public service, they did not know The dignity that Senator Hruska How is it invested? By private inves- Senator Roman Hruska. Senator brought to his service is something tors, similar to the Federal savings Hruska was one of 11 children, born in well remembered by not just those of program. Once a year, members get a David City, NE, 94 years ago. His father us who were privileged to have some sheet of paper asking how they would had emigrated from Czechoslovakia, relationship but all who served with like this invested. The choice would be and moved his family to Omaha where Senator Hruska. He made this body a in equities, bonds, or in a combination he felt they would have a better oppor- better body. He made America strong- of the two. So members would choose tunity to get an education and a better er. He believed in things. one of those options. It is invested for opportunity for a better life. Senator Hruska did not believe in you—not invested, as the President has Senator Hruska’s father was a teach- governance by way of calibration of the suggested, where he takes trillions of er. Senator Hruska went on through polls. You knew where Senator Hruska dollars and has the Government invest public schools in Nebraska, attended a was and why. He was always a gen- it. Then the Government would basi- number of graduate schools, the Uni- tleman—always a gentleman. He would cally control the marketplace. None of versity of Chicago, and obtained his debate the issues straight up. He won us want that. law degree in Nebraska. He started a most of the time; he lost his share. But Personal ownership, it seems to me, law practice in south Omaha. the relationships that Senator Hruska ensures that the Federal Government When there became a vacancy on the developed and the respect that under- can’t come back later and reduce your Douglas County board of commis- pinned his service is rather uncommon. benefits. That is a way to secure those sioners in Omaha, NE, his fellow citi- We are all better for it. America is dollars. They are not then in the Gov- zens came to him and said, ‘‘Will you stronger for it. Nebraska loses a very ernment ready to be spent for some serve for one term?’’ That one term wise counselor. America loses a great other reason. began in 1944. public servant. When I ran for the Senate in 1996, one Depending on your view about the A year later, he became chairman of of the first people I went to see was size of government—and there is a le- the Douglas County board of commis- Senator Hruska. The advice he gave me gitimate difference between those who sioners, and until 1952 he served the was consistent with his service and his are more conservative and those who Greater Omaha area and the State of life. He said, ‘‘Chuck, I would not feel are more liberal. There are always Nebraska with great distinction. competent to judge or give you counsel ways to spend more money. To control In 1952, a House seat opened up. It on the issues of our day, but I will tell the size of government, as has been our was the seat of Howard Buffett. Mr. President, that name ‘‘Buffett’’ may you this: Play it straight, say it goal over the last number of years, you straight, respect your colleagues and can’t have a lot of surplus money lying ring a bell. Howard Buffett was the fa- ther of Warren Buffett. Howard Buffett respect yourself, but most important, around or else it is simply spent and respect the institution of the U.S. Con- government grows. We have to do decided not to run for reelection. Again, Roman Hruska’s friends and gress and always understand the high something to secure Social Security. privilege it is to be part of that great Then, hopefully, when there is excess colleagues said, ‘‘Will you run for Con- gress?’’ Roman Hruska said, ‘‘Well, I body.’’ money, we can look for some kind of He was much too modest to go be- will do that for a short period of time.’’ tax relief. yond what he gave me as good, solid Roman Hruska was overwhelmingly It has been a long time since we advice on issues, but I can tell you that elected to the Congress in 1952. Two started on this. Quite frankly, I think on the big issues over the last 3 years, years later, the Senate seat opened the sooner we make a change, the less not only I, but many of my colleagues, abrupt that change will have to be. I and, again, the same people asked have constantly gone back to Roman am hopeful we do get back. We started Roman Hruska to serve. He ran for the Hruska and asked for his judgment and out this year wanting to do this. Now Senate in 1954 and never looked back. his thoughts. the President is reluctant to take any He retired from the Senate in 1976. He will be greatly missed. I say to leadership. Some of the leaders in the I recall my first exposure to Senator Senator HOLLINGS, I will leave these re- Congress were saying we ought to set it Hruska as a young chief of staff to Con- marks on behalf of your former col- aside. I don’t agree. gressman John Y. McCollister in the league and friend and my friend, Sen- Certainly, we need to focus on early 1970s. I would come to the Senate ator Roman Hruska, by referring to Kosovo, but it doesn’t mean we don’t once or twice a week to get a delega- Senator Hruska the way your former do the other things that are before the tion letter signed by Senator Hruska colleague, Everett Dirksen, once re- Senate. It is time to design a first-class and then Senator Curtis. Senator ferred to Roman Hruska, and that is: A system that fulfills the needs of every- Hruska would see me occasionally salute to the noblest Roman of them one—our older citizens, our younger standing outside a hearing room and all—Roman Hruska. citizens. We need a permanent fix, not would never fail to accord me not only Mr. HOLLINGS. Mr. President, the just tinkering around the edges. People some recognition, which as we know distinguished Senator from Nebraska, have thought for years that Social Se- around here does not always happen Mr. HAGEL, reminds me of a happier curity was the holy grail of politics— with junior staffers, but he was beyond day. I say a happier day most sincerely touch it and you are dead. I think it gracious. He always had time for young in the sense that we had not become has changed, because people under- people, always had time to talk a little subject to all the consultants, all the stand if it is not changed, Social Secu- bit about what we thought and what pollsters to the point whereby today, rity will be dead. was on our minds. in large measure, we more or less are I hope we move forward. I really came to cherish those times marionettes to the consultants’ hot- f when I had an opportunity to come button items and issues and not the over and see Senator Hruska. Senator needs of the people. SENATOR ROMAN L. HRUSKA Hruska was often in meetings, I say to There was a tremendous respect on Mr. HAGEL. Mr. President, I rise this Senator HOLLINGS, with some of Sen- both sides of the aisle. I was elected in afternoon to recall a towering public ator HOLLINGS’ favorite colleagues, 1966. At that time, Senator Hruska was servant, Senator Roman L. Hruska, such as Senator Goldwater, Senator the ranking member of the Senate Ju- who spent 22 years of his life in this Eastland, Senator Long. diciary Committee and Senator Jim S4158 CONGRESSIONAL RECORD — SENATE April 26, 1999 Eastland of Mississippi served as chair- the rest of us who had the privilege of ited the port of Valdez, where oil is man. I remember the various measures knowing Senator Hruska appreciate loaded onto tankers, and I traveled that went before the Judiciary Com- him and his service for 22 years in the along the pipeline that brings oil from mittee for debate and action were Senate —a very long time. the north. I also flew over the refuge those bills that were agreed upon by I agree with the comments of my old, itself, including the Mollie Beattie Wil- Senator Hruska and Senator Eastland. dear friend from South Carolina that derness. I was astounded by the natural Senator Hruska was a profound law- we do need more balance in the Senate. beauty of this area that is home to yer, and I say that advisedly in the He and I occasionally find ourselves on such variety of plants and animals that sense of a little quibble. Everybody different sides of an issue, as we do on rely on the delicate balance that exists will remember or the media friends this one. But our disagreements have in this pristine wilderness. I also vis- will remember when we were trying to been characterized with mutual respect ited a number of native communities nominate a Supreme Court Justice, and appreciation. And frankly, I enjoy along the North Slope and spoke to the that maybe he was not a graduate of the debates I have had over the years inhabitants about their life in this Harvard and, therefore, sort of what with the Senator from South Carolina unique environment that they depend they would call ‘‘mediocre talent.’’ because he marshals his audience, and on for both their cultural identity and That nettled the Senator from Ne- not only that, he from time to time in- their survival. As a nation we must braska and he said, ‘‘Well, there are a jects a degree of humor that illumi- continue to protect this vital eco- lot of people in the land and a lot of nates as well as elevates the debate. system and work to bring good jobs, lawyers of mediocre talent and maybe Mr. THURMOND. Mr. President, I education, and health care to these na- they need representation on the rise today to pay tribute to former U.S. tive communities. Court.’’ Senator Roman Hruska, who served I continue to believe that the United I remember him as a very erudite Nebraska and our Nation with honor, States dependence on oil and its by- counsel who worked on these measures dignity and ability for 22 years in the products cannot overshadow the impor- seriously and with purpose and was U.S. Senate, from 1954 to 1976. tance of keeping ANWR free from the most respected. He has been a loss, I I join my colleagues in mourning the traditional impacts of oil drilling and say to Senator HAGEL. He has been passing of Roman Hruska. Roman was exploration. The technological im- missed over the many years because he a man who embodied all the positive provements within the oil industry held the line. We deliberated in a bipar- traits of a good public servant. He was make it possible for the oil companies tisan fashion, and he contributed to selfless, a man of integrity and char- to use a slant drilling technique to har- vest the oil in a manner that may not that bipartisan leadership which is so acter, and someone who was committed impact the ecosystem to the degree lacking today. to helping others. We ought to be working together. It I had the pleasure of serving with traditional techniques would. But drill- would be a happier day. But, unfortu- Roman during his entire service in the ing and exploration in this gentle Arc- tic wilderness at this time could have a nately, here we go again. The down- U.S. Senate. He and I were both Mem- lasting impact that would forever dam- town crowd thinks they can embellish bers of the class of 1954. a computer glitch problem into a re- It is my hope that others will be in- age the environment of this region. I applaud the Senator from Dela- form of the State tort laws with re- spired by Roman’s commitment to pub- ware’s commitment to permanent pro- spect to joint and several liability, pu- lic service and helping others. He was a nitive damages, and everything else. As tection for this unique linkage of eco- good man who will be missed by a large a result, it is a nonstarter. systems upon which the local commu- circle of friends in and out of the Sen- Like last week, the folks thought it nities depend, and the American com- would be good, since the President ate. munity as a whole should value as a said, ‘‘I’m going to save 62 percent for f national and natural treasure. Social Security,’’ they one- ARCTIC NATIONAL WILDLIFE f upmanshipped and said, ‘‘We’ll save 100 REFUGE U.S. COMMERCE DEPARTMENT’S percent,’’ knowing all along the 100 Mr. JEFFORDS. Mr. President, I rise NEW INTERNET PATENT AND percent going to pay down the debt was today in support of legislation intro- TRADEMARKS DATABASE coming from Social Security, increas- duced by Senator ROTH that would per- ing the debt on Social Security, there- Mr. LEAHY. Mr. President, I would manently protect the Arctic National by savaging, not saving, the fund. But like to commend Commerce Secretary Wildlife Refuge. The fate of the Arctic so it goes. William Daley, acting Commissioner of We do miss Senator Hruska. Mostly Refuge has been one of the highest pro- Patents and Trademarks Q. Todd Dick- we miss his habits and his leadership file natural resources issues of the past inson, and the U.S. Department of and his balance in service. I think more 20 years and will continue to be a key Commerce for their hard work and than the balanced budget, what we issue in the environmental debate. The dedication in establishing the new Pat- need is balanced Senators. Refuge is one of the last unspoiled wil- ent and Trademark Office Internet With that, I yield the floor for a bal- derness areas in the United States, and database. This online database truly anced Senator, the distinguished Sen- is most often referred to as the ‘‘bio- reinvents how the government does ator from Arizona. logical heart’’ of Alaska and ‘‘Amer- business and how business innovation Mr. MCCAIN addressed the Chair. ica’s Serengeti.’’ can flourish with government’s help. The PRESIDING OFFICER. The Sen- The Arctic National Wildlife Refuge This database will help erode some of ator from Arizona. is the only place in the United States the traditional barriers that have hin- Mr. MCCAIN. Mr. President, I lis- where a full range of sub-arctic and dered business innovation in small, tened with interest to the comments of arctic ecosystems are protected in one rural states like Vermont. the Senator from Nebraska about the unbroken stretch of land. This 1.5 mil- As an avid Internet user, I have long late Senator Roman Hruska. There is lion acre coastal plain is home to a advocated a transition to an online something unique about Nebraska. vast number of species including arctic database for trademarks and patents. There has been a long line of out- foxes, musk oxen, wolves, polar and The prior painstaking process of standing Senators to represent that grizzly bears, wolverines, and more searching existing patents and trade- State on both sides of the aisle. I know than 135 varieties of birds. The area is marks was a time-consuming frustra- my colleagues and I appreciate very also the main calving ground for the tion for inventors. Last Congress I co- much both of our Senators from Ne- 120,000 head porcupine caribou herd, authored an amendment to the Omni- braska, and they have carried on the which migrates each spring to feed on bus Patent Act of 1997, which would tradition of Senator Curtis and Sen- the vegetation found there. have required the creation of computer ator Hruska for honesty and integrity In the summer of 1997, I traveled to networks to provide electronic access and a forthright addressing of the the refuge and was able to see first to patent information. I am proud that issues. hand how beautiful and important this the database unveiled today achieves I know Senator Hruska is proud of land is to both Alaska and the Nation. the goal of universal electronic access Senator HAGEL, as Senator HAGEL and As part of a Senate delegation, I vis- to trademarks and patents. April 26, 1999 CONGRESSIONAL RECORD — SENATE S4159 This new system of instant on-line tion of the historic Utah Schools and nizing for a local peace march on the access to the entire patent applica- Lands Exchange Act of 1998 which trad- Strip which turned the tide in the tion—including the drawings—will ed State Trust lands locked up in the struggle for integration. From this greatly promote innovation and tech- Grand Staircase for other federal lands point on, McMillan devoted his life to nology by showing researchers what in Utah. provide and expand opportunities for the current science is. With this new Bill worked to preserve important blacks. He began to register black vot- database, there are now more than two wildlife habitat and at the same time, ers and recruit black teachers for local million complete patents on-line dat- increased public participation through schools. At age 74 he was elected to the ing back to 1976 and 1 million trade- the creation of the Washington County Clark County School Board. Eventu- marks dating back to 1870. Desert Tortoise Habitat Conservation ally a school in northwest Las Vegas, This patent and trademark database Plan and the reestablishment of the The James B. McMillan Elementary could not have come at a better time. citizens’ advisory board. He always School, was named in his honor. In the last 2 years, patent applications strived to maintain a balance between Last year, McMillan published his have increased by 25 percent and trade- conservation and utilization and in the autobiography, ‘‘Fighting Back—A Life mark applications have increased by 16 process earned a reputation for being in the Struggle for Civil Rights.’’ percent. In 1998, the Patent and Trade- one of the most able and affable leaders James B. McMillan’s life truly was a mark Office received over a quarter of within BLM. I will miss his valuable reflection of a valiant, idealistic, and a million applications for patents advice and perspective tremendously. nonviolent struggle for equality. His alone, and they issued more than Secretary Babbitt said: ‘‘Bill Lamb lifeworks have opened doors for many 150,000 patents. has done a remarkable job in one of the blacks in the United States and will Advancements in medicine, informa- most demanding positions in the continue to be an inspiration for all tion technology, pharmaceuticals, BLM.’’ I could not agree more. I thank who are engaged in the race for equal- transportation, environmental protec- Bill for his service that was at many ity. tion, manufacturing, agriculture, en- times thankless. He will be sorely This U.S. Senator is a better person tertainment and countless other areas missed. I wish him great success in his because of the efforts of Dr. McMillan. of science depend on patents. New future endeavors. Nevada is a better state because of Dr. investions build on exisitng science, f McMillan’s refusal to accept the status and existing science will now be avail- quo and his lifelong dedication in the TRIBUTE TO JAMES B. MCMILLAN able to anyone with Internet access— struggle for equality. whether they live in the Northeast Mr. REID. Mr. President, I rise to f Kingdom of Vermont or Nome, Alaska day to pay tribute to James B. McMil- THE VERY BAD DEBT BOXSCORE or Silicon Valley, California. lan, pioneer and leader of the civil This free Internet access changes the rights movement in Nevada. James Mc- Mr. HELMS. Mr. President, at the dynamic for American independent in- Millan was a longtime Las Vegas den- close of business Friday, April 23, 1999, ventors and for corporate giants. Citi- tist whose name was often associated the federal debt stood at zens who simply want to learn more by with the local civil rights movement as $5,586,140,738,923.35 (Five trillion, five browsing the Web, students doing well as the desegregation of Las Vegas hundred eighty-six billion, one hundred school projects, independent inventors casinos. forty million, seven hundred thirty- and corporate research departments Dr. McMillan has been widely praised eight thousand, nine hundred twenty- now can search this vast database. I for his role in bringing down the color three dollars and thirty-five cents). have supported this development for barriers in Las Vegas. He began his ex- One year ago, April 23, 1998, the fed- several years and am delighted that it emplary career in Detroit and then eral debt stood at $5,501,159,000,000 is fully up and running. moved to Las Vegas where he became (Five trillion, five hundred one billion, f the first practicing black dentist. His one hundred fifty-nine million). pioneering initiatives were displayed Fifteen years ago, April 23, 1984, the TRIBUTE TO STATE DIRECTOR through such efforts as helping to form federal debt stood at $1,486,568,000,000 BILL LAMB UPON HIS RETIRE- the Human Rights Commission and his (One trillion, four hundred eighty-six MENT 1964 Senate run as the first black from billion, five hundred sixty-eight mil- Mr. BENNETT. Mr. President, I rise Nevada to run for the U.S. Senate. Ad- lion). today to recognize Bill Lamb upon his ditionally, in 1971, McMillan became Twenty-five years ago, April 23, 1974, retirement for his thirty-six years of the first black to be appointed to the the federal debt stood at $471,225,000,000 dedicated service with the Bureau of Nevada Board of Dental Examiners. (Four hundred seventy-one billion, two Land Management. Mr. Lamb retired When McMillan first arrived in Las hundred twenty-five million) which re- on April 2, 1999 after four successful Vegas the town was dubbed the ‘‘Mis- flects a debt increase of more than $5 years as BLM’s State Director in Utah. sissippi of the West’’ and blacks were trillion—$5,114,915,738,923.35 (Five tril- As native Utahn, Bill Lamb began to generally not allowed in hotel-casinos. lion, one hundred fourteen billion, nine work for the BLM in 1963 at the age of While serving in the Korean war, Mc- hundred fifteen million, seven hundred 22. A graduate of Utah State Univer- Millan opened his home to house black thirty-eight thousand, nine hundred sity, he served in a number of positions entertainers. At the time, black enter- twenty-three dollars and thirty-five varying from a range conservationist, tainers were rapidly escorted in and cents) during the past 25 years. Director of the Arizona Strip to a out of hotels and were not allowed to Mr. CAMPBELL. Mr. President, last budget official here in Washington. For fraternize with hotel guests but only to Wednesday, I came to the floor of the the last four years Bill has served as perform in the show rooms. However, Senate to thank my colleagues who of- the Utah State BLM Director. I know desegregation began shortly before Mc- fered their sympathies for the victims that I speak for all of the members of Millan first came to Las Vegas in 1955 and their families involved in the trag- the Utah delegation when I say that it with the opening of the Moulin Rouge, ic shooting at Columbine High School has been a privilege to work with him. the first integrated hotel-casino. in Littleton, Colorado. I also wanted I have watched Bill perform with Throughout his career McMillan the people in Colorado to know that grace under pressure, always dealing worked to further the accessibility to our hearts in the United States Senate with the contentious land management hotel-casinos for blacks. were with all of the families through issues in Utah with an even-hand and a McMillan first felt the call to partici- this terrible and tragic time. listening ear. His well-deserved reputa- pate in the civil rights movement amid Since then, the victims have been tion for always being honest and can- a turbulent atmosphere in 1959 at a identified. Today, it is with deep sad- did helped sooth over the hard feelings NAACP Freedom Front Dinner. The ness that I include for the RECORD the and frayed nerves brought on by the speaker was NAACP Field Secretary names of the innocent victims at Col- creation of the Grand Staircase- Tarea Hall Pittman whose subject was umbine High School. I believe it is a Escalante National Monument. He was ‘‘Las Vegas, now is the time.’’ Despite fitting tribute for the United States instrumental in the successful comple- death threats, McMillan began orga- Senate to recognize these 12 students S4160 CONGRESSIONAL RECORD — SENATE April 26, 1999 and one teacher who lost their lives in nate people on earth—we citizens of them, to help them, teach them and nurture such an unthinkable way. the United States of America. Mr. them toward a happy, productive adulthood? Cassie Bernall, Steven Curnow, Corey President, I ask unanimous consent Parenting has now simply become a process De Pooter, Kelly Fleming, Matthew that the text of Ashley Ethridge’s ob- of buying children anything they want, in- cluding guardians and homework-helpers, for Kechter, Daniel Mauser, Daniel servations be printed in the RECORD. as long as they want—often well into what Rohrbough, William ‘‘Dave’’ Sanders, There being no objection, the mate- should be adulthood. Rachel Scott, Isaiah Shoels, John rial was ordered to be printed in the Stop searching the psychology journals Tomlin, Lauren Townsend, Kyle RECORD, as follows: and parenting magazines and federally fund- Velasquez. PARENTS ABDICATE; FAITH IS ABANDONED ed studies for answers. Search your hearts f (By Ashley Ethridge) and make your children, your families, your first priority. PARENTS ABDICATE; FAITH IS Is it just me, or has the entire country Clinton says that more must be done to ABANDONED gone completely mad? help children deal with anger. This sounds In recent editions of the newspaper I have like hiring more school counselors. Why not Mr. HELMS. Mr. President, I had learned that it is good fun when sexually ex- look to the cause of so much anger among tried numerous times without success plicit and violent Marilyn Manson shock- our young people? Could it possibly have during the weekend to reach by tele- rock concerts attract swarms of young ado- something to do with the fact that they phone a remarkable young mother lescent boys—presumably sans parents— know that their parents really don’t want to whom I had never met. I learned about cheering Satan; that magazines for teenage be bothered with the task of raising them? girls are emblazoned with headlines such as her while reading a newspaper back Frankly, I don’t think the schools are ‘‘How To Totally Turn Him On’’; and that equipped to handle situations such as these, home in North Carolina that published parents are paying $800 a month to put in- on April 23 what is most often referred lamentable as they are, nor do I think they fants in institutionalized day care while the ought to. And I think some parents are just to these days as an ‘‘op-ed’’ piece head- mommies and daddies keep tabs on baby’s looking at school as a place to stick their ed, ‘‘Parents Abdicate; Faith Is Aban- milestones via surveillance camera. People kids to get them out of their hair. doned’’. frown upon giving a 3-year-old a doughnut, Over 400 years ago, Martin Luther warned (An op-ed piece, of course, is the but don’t even flinch at giving birth control that if God were removed from education, short-form identification of an article pills to a young teen suspected of having sex. schools would prove to be the gates of hell. Nickelodeon (remember, the network just What happens when we remove God from our published on the page opposite a news- for kids—no adults allowed?) is now chang- families and homes, forsaking our children paper’s editorial page.) ing the entire slant of its programming be- as well? What happens when we remove Him The op-ed piece which so impressed cause its executives have discovered that from society as a whole, and worship instead me was authored by Mrs. Ashley children now, more than anything else, wish the Almighty Dollar? Ethridge of Mebane, N.C., a former for time with their parents. Is it hot in here, or is it just me? school teacher who decided to spend In the wake of the Littleton, Colo., mas- Mr. HELMS. I suggest the absence of her time raising her two little girls. sacre, Wake County’s school superintendent, a quorum. (She and her husband are expecting a Jim Surratt, asked what kind of sick society would produce people who would want to do The PRESIDING OFFICER. The third child later this year). that kind of thing. I find the answers to clerk will call the roll. I mentioned at the outset my having Surratt’s question in my newspaper almost The assistant legislative clerk pro- tried for much of the weekend to reach every morning. ceeded to call the roll. Mrs. Ethridge by telephone. Sunday In his response to the tragedy, President Mr. HOLLINGS. Madam President, I afternoon those efforts were success- Clinton said that perhaps now America will ask unanimous consent that the order ful—and I must say, Mr. President, wake up to the dimensions of the challenge for the quorum call be rescinded. that my conversation with Mrs. of juvenile violence. I can only assume that The PRESIDING OFFICER (Ms. COL- Ethridge could not have been more he is implying a need for more programs, courtesy of the government and thus the LINS). Without objection, it is so or- meaningful. taxpayers. More counseling, more day care, dered. Senators who read her ‘‘op-ed’’ piece more before-school care, more after-school f will agree, I think, that this lady is a care, more gun control and of course more gifted writer. She is a graduate of N.C. counselors and mediators in the schools. CONCLUSION OF MORNING State University and she has com- I too hope America will wake up—wake up BUSINESS pleted graduate work. She is excitingly to the fact that children need more parental love and guidance. The PRESIDING OFFICER. Morning profound in her analysis of what ails business is closed. America in our time. The parents who blame the media and other outside influences for teen violence f I must confess that I myself have should be diligent in shielding their children long been alarmed by America’s drift from the offending sources. Where are these Y2K ACT—MOTION TO PROCEED away from the moral and spiritual parents when their under-17-year-olds are The PRESIDING OFFICER. Under principles and priorities upon which filling the theaters of the many R-rated teen the previous order, the Senate will now our nation was founded more than two flicks now playing? Where are these parents resume consideration of the motion to centuries ago. Many of my generation when their children are wading through the murky waters of the Internet? Where are proceed to S. 96, which the clerk will often lament the trend. But Mrs. report. Ethridge has diagnosed the moral mal- these parents when their children are buying music bearing Parental Advisory warning la- The legislative assistant read as fol- ady better than I, and she offers the bels? Where are these parents when their lows: prescription to turn the nation’s direc- children are watching questionable—at Motion to proceed to the consideration of tion around more precisely, more spe- best—prime time television shows? S. 96, a bill to regulate commerce between cifically than I ever have. How can parents remove themselves al- and among the several States by providing Mr. President, I don’t often do this most completely from their children’s lives for the orderly resolution of disputes arising but in the case of my remarks today, and then blame ‘‘Dawson’s Creek’’ when out of computer-based problems related to and Mrs. Ethridge’s clarity and coun- their daughters become pregnant or Leo processing data that includes a 2-digit ex- sel, I shall urge my fellow Senators to DiCaprio when their sons become violent? pression of the year’s date. Clinton also says that the nation must read what this young mother in search for answers. This is absurd, and yet is The Senate resumed consideration of Mebane, North Carolina, feels that all also precisely the problem. The answer is ob- the motion to proceed. of us ought to consider. vious for anyone who will see it. Unfortu- Mr. HOLLINGS. Madam President, I So I am glad that I tried, one more nately, we are so ensconced in our spir- yield myself so much time as may be time, Sunday afternoon to reach Mrs. itually empty, materialistic, self-centered permitted under the unanimous-con- Ethridge. It was a blessing to hear her lives that we do not seem to care that we are sent agreement. voice and to sense her understanding of sacrificing our children. We applaud Clin- Pending the discussion with respect the course America simply must take ton’s initiative to fund more studies so that to the Y2K problem, let me say at the experts can search for answers because it —now. lifts the burden from our pathetic shoulders. outset that if there were a Y2K prob- So, Mr. President, I say to Ashley Why is it that so few people seem to be- lem, we on this side of the opposition, Ethridge: God bless you for the clarity lieve that parents have a responsibility to let’s say, to the particular bill and the of your wake-up call to the most fortu- raise their own children, to spend time with amendment forthcoming with respect April 26, 1999 CONGRESSIONAL RECORD — SENATE S4161 to Senator MCCAIN and Senator The point is that the distinguished Let me attest to this. I am not talk- WYDEN, anything within reason obvi- Senator had just come in from the west ing about some uniformed officer out ously could have been worked out; coast, where he, if everyone will re- in the parking lot looking for theft of namely, anyone who has a computer member, had cussed out the movie in- the automobiles. I am talking about a knows glitches. So no one can deny dustry for its gratuitous violence in all law enforcement officer in contact there cannot be a glitch on January 1 of its film making. So I thought it was with the students. This officer has not of the year 2000. However, there is not a natural that he would want to follow only taught the course, but associated really a problem that would cause us to through. He didn’t. In the last Congress himself in the afternoon with the ath- try to change tort law. That is what is we then had it reported out by a vote of letic programs and in the evenings in the offing here. 20 to 0—TV violence. with the civic programs. If I had to I have talked to the best of the best This has nothing to do, of course, pick a law enforcement officer, I would in the computer industry with the idea with the Nintendo games or the other pick some all-American like our friend that we could compromise and give the little games they play on these ma- Bill Bradley—someone they look up to 90-day grace period. chines. But it does have to do with the immediately, and put them in uniform. People do not want to go to court basic tendency towards violence with- It is not too much to teach respect when they find out their computer is out cost, without any harm, or injury, and have him associated on the cam- not working. If there is one thing that or feeling. pus. He walks, talks and teaches with takes time—the Securities and Ex- We understand, of course, when you the students, listens to the teachers change Commission and so-called tort document the civil rights, when you and the principals. The students know reform—they are still in discovery, document the matter of the Civil War, who brings a weapon to the school they are still in appeals, and they are or any of these other things, you have grounds. The students know who brings still in court, without trying the case, to show the violence associated there- drugs on the school properties. All they some 2 years later, because they have with in order to make an honest depic- do is just nod their head, make a little yet to determine what was intended. tion; that is going to be included. But motion. That security officer gets the The same would be the case here trying we are talking about gratuitous, exces- hint immediately and goes in way to really venture into the State respon- sive violence not incidental to the plot. ahead of time—preventing violence, The bill has been found to stand, as I sibility and jurisdiction with tort with preventing drugs—and if need be, gets say, constitutional muster. so-called overall reform law. them counseling or whatever. So I thought, fine, let’s get together So we wanted to control that. Senator GREGG and I provided just on what could be called a glitch. No- I have that bill in again. I would this kind of provision in the State-Jus- body wants to go to court. Give them rather think that really bowing to the tice-Commerce bill for the cops on the some time to fix the glitch, and then Chamber of Commerce on particulars beat to be used. That is what Sheriff move on in the business world. How- there with respect to State tort and Lott was using in the Richland County ever, we have some friends down at the State responsibilities—mind you me, schools. It is working in the other National Chamber of Commerce who my Republican friends in the leader- ship caterwaul that the best gov- schools all over South Carolina. are really bent on actually trying to My reaction at the time of the Col- pass product liability and do away with erned—or the less governed—that the umbine High School in Littleton, CO, trial by jury and all the other State best governed is at the local level. was, Did they have an officer? I heard tort systems. Why not let these local school boards I could spot this in my particular po- control, rather than mandate from some reports which said yes. If they sition because I have been engaged in it Washington this, that, or the next did, that officer ought to be fired. Any- for at least 20 years on the Commerce thing? Now they come with a mandate body that can offload that much weap- Committee from which it has been re- that the States have not asked for and onry—that security officer doesn’t ported each time. We have prevailed the States would certainly oppose. know what is going on. He is not even over the 20 years. The reason we have I just talked to one of the great lead- taking care of security. The main thing is to become, as they prevailed is that the professionals in ers in computerization who said, ‘‘Sen- this particular field, whether it be the ator, please don’t pass this measure. have in this particular approach, a role American Bar Association, the Asso- The fact that companies don’t get model for the students themselves. You ciation of State Legislatures, the Asso- ready, they don’t comply, is a competi- can’t put sensitive devices in every ciation of State Supreme Court Judges, tive edge. My customers are checking school in America. And we are not the Association of Governors, until it them out. If they don’t comply, I’m going to do that. Praying and coun- was changed in effect, all opposed, and using that as a competitive advan- seling are well and good, but let’s go we were able to withstand the on- tage.’’ ahead with a tried and true provision slaught of this particular political Let the market forces operate I say and get some leadership now that we move. to those who always caterwaul about can see, again, more than ever the I can tell you, Madam President, we market forces and deregulation and need. We can be discussing those things are going to withstand it again on Y2K, wanting to regulate. rather than some political fix that you unless they come around, of course. Back to the main point. We really find in the polls. But I don’t see a compromise in the off- ought to whip through a bill on tele- What about the lawyers? Every poll- ing. vision violence and control that. We ster and consultant says kill all the So I think immediately of what have quite a case to present to the Con- lawyers. That is popular. Reform, re- should be discussed; namely, television gress itself. In the initial stage of form, reform; tort reform, get rid of violence. We started on that with hear- broadcasting, programmers said in the the lawyers. Control their fees, control ings at the beginning of the 1990s. This booklets, ‘‘Get a murder early on to their verdicts, control the seventh is 1999. And this Senator introduced a hold the audience.’’ They love violence, amendment and the right of trial by TV violence bill. We reported it out at they love murders, so get in a murder jury. That is the whole scenario. We that time 19 to 1 from the Congress be- scene. I can show you that word for who understand and appreciate it and fore the last. word in the CBS program in the earlier have been in the trenches now for 20 I remember going up to Senator Dole, stages of television. years are going to do our dead level then majority leader, who was running We can also go to the Colorado case. best so that shall not go on. for President, and saying, ‘‘Look, we About 4 years ago a solution was used I think this afternoon at 5:30 we can have got this bill out. The Attorney that is working at this particular time. vote cloture. I needed the time because General has already attested to the I went down to Columbia, SC, which is we were not given notice about this fact that it would withstand constitu- Richland County. The county sheriff, particular measure coming up, but we tional muster on the freedom of speech Leon Lott, said, ‘‘Senator, I want to are going to have to do some more head provisions, and I will step aside if you show you a school that was the most counting. We will have to prepare some want to make it. I am just interested violent we had in the county—more amendments and debate the real issues in getting the bill, not the credit. So drugs and trouble. We put a uniformed facing the American people—not those why don’t you take the bill?’’ officer in the classroom.’’ being taken care of by the Governors S4162 CONGRESSIONAL RECORD — SENATE April 26, 1999 and the States. All of the Senators run- Mr. MCCAIN. Madam President, I ask don’t’’ when it comes to acknowledging ning around trying to play catchup ball unanimous consent that the order for potential Y2K failures. If they do not with the Governors from the elections the quorum call be rescinded. say anything and later have a problem, last November, all those that got elect- The PRESIDING OFFICER. Without they will certainly be sued. But if they ed and preached ‘‘education, education, objection, it is so ordered. say something now, they may still be education.’’ Mr. HOLLINGS. Madam President, I sued, and before anything even has There is a primary responsibility of ask unanimous consent the time for gone wrong. Over 80 lawsuits, mostly the Federal Government for national the call of the quorum here be allo- class actions, have already been filed defense. A primary responsibility of cated equally to both sides. and we are still many months away the State government is education: 93 The PRESIDING OFFICER. Without from the year 2000. objection, it is so ordered. cents out of every education dollar is The SEC reported in February that Mr. MCCAIN. Madam President, I at the State or local level. We only many companies are not complying have 6 or 7 cents that we can toy with. will be offering, with my friend and colleague from Oregon, Senator with the SEC disclosure requirements We cannot have all of that influence. either as to what actions they are tak- WYDEN, a substitute amendment to S. We can come across with some good ing to prepare, how much the effort is ideas in one particular State and try to 96, the Y2K Act, at the appropriate time. The substitute amendment we costing, or what contingency plans are make it possible on a pilot basis for being put into place. The Senate Spe- other States and take the leadership will be offering is a bipartisan effort. We worked diligently with our col- cial Committee on the Year 2000 Prob- that we gain locally and spread it. We lem reported February 24—and I support the Department of Education leagues on both sides of the aisle to ad- dress concerns, narrow some provi- quote—‘‘Fear of litigation and loss of on that basis. competitive advantage are the most It is so ludicrous that those who sions, and assure this bill will sunset commonly cited reasons for barebones came from the 1994 elections wanting when it is no longer pertinent and nec- disclosure.’’ to abolish the Department of Edu- essary. cation are now running around throw- Senator WYDEN, who said at our com- It is my hope that S. 96 will be the ing money at the Department of Edu- mittee markup that he wanted to get catalyst for technology producers to cation. It is all politics. to ‘‘yes,’’ worked tirelessly with me to work with technology users to ensure a If we can stop using the government get there. He and others—but he espe- seamless transition from the 1990s to to get ourselves reelected with these cially—have offered excellent sugges- the year 2000. The goal is to make Jan- silly consultants and what shows up in tions and comments. I think the sub- uary 1 a nonevent. the poll, but what shows up on the stitute we bring today is a better piece The purposes of this legislation is to front page. We know the need nation- of legislation for his efforts. ensure that we solve the Y2K tech- ally to pay our bills. We had a debate Specifically, the substitute would nology glitch rather than clog our about that—it was totally dis- provide time for plaintiffs and defend- courts with years of costly litigation. regarded—all last week: ‘‘Save Social ants to resolve Y2K problems without The purpose is to ensure a continued, Security 100 percent.’’ That was the litigation. It reiterates the plaintiff’s stable economy, which obviously is majority leader’s amendment. duty to mitigate damages and high- beneficial to everyone in our country. Madam President, I turned on the TV lights the defendant’s opportunity to The bill encourages efficient resolu- and he said the $6 billion for Kosovo assist plaintiffs in doing that by pro- tion of failures by requiring plaintiffs was not enough; we will have to add viding information and resources. to afford their potential defendants an another $6 billion. When asked where That provides for proportional liabil- opportunity to remedy the failure and they will get the money, he said, ity in most cases, with exceptions for make things right before facing a law- ‘‘From Social Security.’’ fraudulent or intentional conduct, or suit. We should encourage people to That is not the only surplus. That is where the plaintiff has limited assets. talk to each other, to try to address the only way to hide it. But you can It protects governmental entities, in- and remedy problems in a timely and get $12 billion surplus from the civil cluding municipalities, schools, fire, professional manner. service retirement fund, which they water, and sanitation districts, from have been doing, and from the military punitive damages. It eliminates puni- The potential for litigation to over- retirement fund, which they have been tive damage limits for egregious con- whelm the Nation’s judicial system is using, but the mindset is immediately duct, while providing some protection very real. We must reserve the judicial to go and spend Social Security to sav- against runaway punitive damage system for the most egregious cases in- age the fund. There again was another awards. And it provides protection for volving Y2K problems. Litigation costs political charade. Today we are en- those not directly involved in a Y2K have been estimated as high as $1 tril- gaged in another political charade. failure. lion. Certainly the burden of paying for At this particular time, with respect The bill, as amended, does not cover litigation will be distributed to the to the motion to proceed, I do not see personal injury and wrongful death public in the form of increased costs much interest in actually debating. cases. It is important to keep in mind for technological goods and services. When the proponents come to the floor, the broad support that this bill has The potential drain on the Nation’s I would like an opportunity to make a from virtually every segment of our economy, and the world’s economy, few points relative to the demerits of economy. This bill is important not from both fixing the computer systems this particular measure, why it should only to the high-tech industry, or only and responding to litigation, is stag- not be enacted, and get their response. to big business, but it carries the gering. While the estimates being cir- Thereby, Madam President, I reserve strong support of small businesses, re- culated are speculative, the cost of the remainder of my time and suggest tailers, and wholesalers. making the corrections in all the com- the absence of a quorum. Many of those supporting the bill puter systems in the country is astro- The PRESIDING OFFICER. The will find themselves as both plaintiffs nomical. Chase Manhattan Bank has clerk will call the roll. and defendants. They have weighed the been quoted as spending $250 million to The assistant legislative clerk pro- benefits and drawbacks of the provi- fix problems with its 200 million lines ceeded to call the roll. sions of this bill and have overwhelm- of affected computer code. The esti- Mr. HOLLINGS. Madam President, I ingly concluded that their chief pri- mated cost of fixing the problem in the ask unanimous consent that the order ority is to prevent and fix Y2K prob- United States ranges from $200 billion for the quorum call be rescinded. The PRESIDING OFFICER. Without lems and make our technology work, to $1 trillion. The resources which objection, it is so ordered. not divert the resources into time-con- would be directed to litigation are re- Mr. HOLLINGS. I suggest the ab- suming and costly litigation. sources that would not be available for sence of a quorum. One of the most troubling aspects of continued improvements in tech- The PRESIDING OFFICER. The the looming Y2K problem is the new in- nology, producing new products, and clerk will call the roll. dustry being created by opportunistic maintaining the economy that sup- The assistant legislative clerk pro- lawyers. Many companies feel they are ports the position of the United States ceeded to call the roll. ‘‘damned if they do, dammed if they as a world leader. April 26, 1999 CONGRESSIONAL RECORD — SENATE S4163 As I said last week, time is of the es- Next I would like to briefly quote ples, Fryes, and the Good Guys, Incor- sence. If this bill is going to have the from the American Insurance Associa- porated for failing to warn consumers intended effect of encouraging tion, which represents nearly 300 prop- about products that are not Y2K com- proactive prevention and remediation erty casualty/insurers with millions of pliant. He has not alleged any injury or of Y2K problems, it has to be passed policyholders and thousands of employ- economic damage to himself, but pur- quickly. This bill will have limited ees across the Nation. Member compa- suant to State statute, has requested value if it is passed later this fall. nies insure families, small businesses relief in the amount of all of the de- Senator HOLLINGS, my friend, has ex- and large businesses in every State. fendants’ profits from 1995 to date from pressed in committee his concerns. I Even with this commitment and dedication selling these products and restitution want to state up front that while we to minimizing Y2K disruption, we can expect to ‘‘all members of the California gen- disagree, we have never been disagree- problems to occur. And unfortunately in our eral public.’’ able. I respect his views; we just dis- litigious society, lawsuits or the fear of law- agree on this matter. And I know, as I suits will inhibit solutions and multiply the Although he claims that numerous disruptive impact of system failures. products are involved, he has not speci- said earlier, we will have a lively de- [Again,] on behalf of the member compa- bate on this bill. nies of the American Insurance Association, fied which products are covered by his I urge my colleagues on both sides of I urge you to support the year 2000 reforms allegations, but has generally named the aisle to give careful consideration on final passage and cloture. products by Toshiba, IBM, Compaq, In- to the substitute amendment and join The Intel Corporation, Tosco, the tuit, Hewlett Packard and Microsoft. with me, Senator WYDEN, and our other leading technology corporations, many This is precisely, Madam President, cosponsors, Senators GORTON, ABRA- of the leading technology industry the type of frivolous and opportunistic HAM, LOTT, FRIST, BURNS, SMITH of Or- companies in America, including the lawsuit which would be avoided by S. egon, and SANTORUM, in bringing this CEO of American Electronics Associa- substitute to fruition. It makes sense, 96. Rather than have all of these named tion, President and CEO of Alexander companies wasting time and resources it is practical, and we need it now. Ogilvy Public Relations Worldwide, preparing a defense for this case, S. 96 There are several letters, Madam CEO of Marimba, Managing Director of would direct the focus to fixing real President, from various organizations Merrill Lynch, chairman and CEO of problems. In this instance, it does not throughout the country that I would Novell, Chairman and CEO of FileNet, like to quote from. I ask unanimous and the list goes on of leading presi- appear that Mr. Johnson has an actual consent that they be printed in the dents and CEOs of the high-tech indus- problem. But if he does, he would need RECORD at the conclusion of my state- tries in America, MicroAge, Alcatel, to articulate what is not working due ment. and the International Mass Retail As- to a Y2K failure. The company or com- The PRESIDING OFFICER. Without sociation—all these organizations and panies responsible would then have an objection, it is so ordered. more support this legislation. I don’t opportunity to address and fix the spe- (See Exhibit 1.) think they necessarily do so for selfish cific problem. If the problem isn’t Mr. MCCAIN. Madam President, the reasons, although certainly they are fixed, then Mr. Johnson would be free first letter I would like to quote briefly to bring his suit. from is from the National Federation motivated to a large degree by their of Independent Business, the Voice of ability to provide the necessary profits It is crystal clear that the real rea- Small Business. to their shareholders. son for this lawsuit is not to fix a prob- But I think also they are more com- On behalf of the 600,000 members of the Na- lem that Mr. Johnson has with any of tional Federation of Independent Business mitted to making sure that this incred- his computer hardware or software, but (NFIB), I would like to thank you for helping ible economy that we are experiencing to see whether he can convince the the nation’s small business community pre- would continue to provide so many jobs companies involved that it is cheaper pare for the millennium. and opportunities for so many Ameri- to buy him off in a settlement than to NFIB strongly supports S. 96 . . . specifi- cans, without draining hundreds of bil- cally the provisions that limit punitive dam- litigate, even if the case is eventually lions of dollars from the economy. dismissed or decided in their favor. ages and urge quick resolution of legal dis- My friend, Senator HOLLINGS, has as- This case is the tip of the iceberg. putes. We believe that S. 96 creates a fair and serted that S. 96 is the camel’s nose level playing field for the settlement of year If thousands of similar suits are 2000 (Y2K) disputes. under the tent for product liability and Because small business owners operate on tort reform. I clearly do not believe brought after January 1, the judicial such a slim profit margin, every second and that is the case. I am a strong sup- system will be overrun and the Na- every dollar counts. Therefore, legislation porter of product liability tort reform, tion’s economy will be thrown into tur- addressing Y2K litigation must provide a but I believe that this legislation clear- moil. This is a senseless and needless speedy and effective solution to disputes. ly is not the case. It contains a sunset abuse that we can avoid by passing S. Small businesses do not have the luxury of provision to assure that this is consid- 96. waiting months or years for courts to re- ered, as it should be, a temporary place lost revenues or failed products. S. 96 Madam President, there are numer- encourages the use of alternate dispute reso- measure to deal with a unique situa- ous provisions in this bill, but I just lution (ADR) and provides a ‘‘cooling off″ pe- tion. want to repeat one of the most crucial The sunset language in section 4(a) of riod during which disputes can be resolved aspects of this legislation. If a problem the bill provides that the act applies to outside of court. NFIB’s goal is to keep small is identified, then whoever it is that is businesses out of court, and we believe S. 96 a Y2K failure occurring before January the manufacturer has 90 days in order will do that in most cases. 1 of the year 2003, hardly a victory for We do realize that some businesses will— widespread tort or product liability re- to fix the problem. If they do not fix and should—resolve their disputes in court. form. The potential for massive litiga- the problem, then go to court. But it is Regardless of whether they would be plain- hard for me to understand why a com- tiffs or defendants, 93% of NFIB members tion involving virtually every indus- trial segment of our country, both pany or corporation who manufactured support limiting punitive damages. Caps this particular product should not be help eliminate frivolous lawsuits and the un- small businesses and large, compels a necessary expenditure of legal fees by small rational and practical solution to pre- allowed to have an opportunity to fix businesses. vent litigation from destroying the the problem for the user. It makes per- That is from the National Federation economic well-being of the country. fect sense—how could anyone object to of Independent Business. There is a need for this bill, Madam such a thing—because these companies There are those who have argued in President. I will just point out one ex- and corporations, if they are not com- the media that this legislation is sim- ample of opportunistic legislation. I mitted to fix the problem, then they ply there to support the ‘‘high-tech am told that Mr. Tom Johnson, acting should be sued. That is what our court community’’ and large corporations. I as a private attorney general under system is all about. But it makes per- don’t think that would make it pos- California consumer protection laws, fect sense to me to give them an oppor- sible for the NFIB, which represents has brought an action against a group tunity to fix a problem that they may 600,000 members, to support this legis- of retailers, including Circuit City, Of- not have knowledge of before they find lation. fice Depot, Office Max, CompUSA, Sta- themselves all day hauled into court. S4164 CONGRESSIONAL RECORD — SENATE April 26, 1999

EXHIBIT NO. 1 companies have worked diligently, some for in two previous measures enacted in the area NATIONAL FEDERATION as long as a decade, to ensure our systems of securities reform. OF INDEPENDENT BUSINESS, are Y2K compliant. Across the nation, Amer- This legislation—which will apply only to Washington, DC, April 21, 1999. ican businesses are preparing for the Year Y2K suits, and only for a limited period of Hon. JOHN MCCAIN, 2000 in the same way. time—will allow plaintiffs with real griev- Chairman, Senate Commerce Committee, Even with this commitment and dedication ances to obtain relief under the law, while U.S. Senate, Washington, DC. to minimizing Y2K disruption, we can expect protecting the judicial system from a flood DEAR MR. CHAIRMAN MCCAIN: On behalf of problems to occur. And unfortunately in our of suits that have no objective other than the 600,000 members of the National Federa- litigious society, lawsuits, or the fear of law- the obtainment of high-dollar settlements tion of Independent Business (NFIB), I would suits, can inhibit solutions and multiply the for speculative or de minimus injuries. Im- like to thank you for your leadership in disruptive impact of systems failures. portantly, it does not apply to cases that helping the nation’s small business commu- The American Insurance Association sup- arise out of personal injury. nity prepare for the millennium. ports Congress’ efforts to minimize the eco- At Intel, we are devoting considerable re- NFIB strongly supports S. 96, the McCain- nomic costs arising from this once-in-a-mil- sources to Y2K remediation. Our efforts are Wyden ‘‘Y2K Act,’’ specifically the provi- lennium event. The bipartisan bill under focused not only on our internal systems, sions that limit punitive damages and urge consideration, the revised S. 96 provides a but also those of our suppliers, both domes- quick resolution of legal disputes. We believe balanced, measured, and modest response to tic and foreign. Moreover, we have taken ad- that S. 96 creates a fair and level playing the uncertainty posed by the Year 2000. Our vantage of the important protections for dis- field for the settlement of Year 2000 (Y2K) members strongly support this legislation. closure of product information that Congress disputes. Our priority is legislation that encourages enacted last year to ensure that our cus- Every day, more small businesses prepare a legal environment where problem-solvers tomers are fully informed as to issues that themselves for potential Y2K problems with- compete for business, not fear frivolous law- may be present with legacy products. What in their own operations. No amount of prepa- suits, legitimate claims are resolved prompt- is true for Intel is true for all companies: ration, however, can keep them from being ly, and where legal profiteering cannot take time and resources must be devoted as much affected by problems afflicting others: their advantage of a once-in-a-millennium prob- as possible to fixing the Year 2000 problem suppliers, customers or financial institu- lem. The bipartisan bills accomplish these and not pointing fingers of blame. tions. For this reason, businesses of all sizes goals. For these reasons, we urge you to vote in and types must be encouraged to address Again, on behalf of the member companies favor of responsible legislation that will pro- their Y2K problems now. S. 96 encourages of the American Insurance Association, I tect legitimately aggrieved parties while mitigation now to avoid litigation later. urge you to support the Year 2000 reforms on providing a stable, uniform legal playing Because small business owners operate on final passage and cloture. With best wishes I field within which these matters can be han- such a slim profit margin, every second and remain, dled by state and federal courts with fairness every dollar counts. Therefore, legislation Sincerely yours, and eficiency. addressing Y2K litigation must provide a ROBERT E. VAGLEY, Sincerely, speedy and effective solution to disputes. President. CRAIG R. BARRETT, Small businesses do not have the luxury of CEO, Intel Corporation. waiting months or years for courts to re- INTEL CORPORATION, place lost revenue or failed products. S. 96 Santa Clara, CA, April 19, 1999. TOSCO, encourages the use of alternative dispute RE: Y2000 Legislation. Stamford, CT, April 14, 1999. resolution (ADR) and provides a ‘‘cooling Hon. JOHN MCCAIN, Re: Y2K Act (S. 96)—SUPPORT. off’’ period during which disputes can be re- U.S. Senate, Washington, DC. Hon. JOHN MCCAIN, solved outside of court. NFIB’s goal is to DEAR SENATOR MCCAIN: I write to ask for Senate Russell Office Building, keep small businesses out of court, and we your help in enacting legislation designed to Washington, DC. believe S. 96 will do that in most cases. provide guidance to our state and federal DEAR SENATOR MCCAIN: On behalf of Tosco We do realize that some businesses will— courts in managing litigation that may arise Corporation (‘‘Tosco’’), I commend you for and should—resolve their disputes in court. out of the transition to Year 2000-compliant sponsoring the Y2K Act (S. 96), which will fa- Regardless of whether they would be plain- computer hardware and software systems. cilitate computer preparations for the tran- tiffs or defendants, 93% of NFIB members This week, the Senate is expected to vote sition to the Year 2000. Tosco is one of na- support limiting punitive damages. Caps upon a bipartisan substitute text for S. 96, tion’s largest independent refiners and mar- help eliminate frivolous lawsuits and the un- the ‘‘Y2K Act’’, which we strongly support. keters of gasoline and petroleum products. necessary expenditure of legal fees by small Parties who are economically damaged by We market gasoline in Arizona through more businesses. a Year 2000 failure must have the ability to than 700 retail outlets in the state under our As S. 96 moves to the floor, I would like to seek redress where traditional legal prin- Circle K, Union 76, and Exxon brands. Our commend and thank you for your leadership ciples would provide a remedy for such in- marketing headquarters is located at Tempe, on Y2K preparedness legislation. I appreciate jury. At the same time, it is vital that lim- Arizona, and we have 6,500 employees in the your consideration of the concerns of the ited resources be devoted as much as possible state. small business community on this issue and to fixing the problems, not litigating. Our Your Y2K Act will focus resources on the look forward to working with you in the fu- legal system must encourage parties to en- actual solution of Y2K problems and will re- ture. gage in cooperative remediation efforts be- duce the risk of costly and unnecessary liti- Sincerely, fore taking complaints to the courts, which gation. The opportunity for pre-litigation DAN DANNER, could be overwhelmed by Year 2000 lawsuits. resolution will benefit both potential plain- VICE PRESIDENT, The consensus text that has evolved from tiffs and potential defendants. The protec- Federal Public Policy. continuing bipartisan discussions would sub- tion against liability for harm caused by stantially encourage cooperative action and other parties and the limits on punitive dam- AMERICAN INSURANCE ASSOCIATION, discourage frivolous lawsuits. Included in its ages will reduce the incentive for widespread Washington, DC, April 15, 1999. provisions are several key measures that are speculative lawsuits targeted on large com- Hon. JOHN MCCAIN, essential to ensure fair treatment of all par- panies such as Tosco. U.S. Senate, Washington, DC. ties under the law: We also urge you to oppose the alternative DEAR SENATOR MCCAIN: The American In- Procedural incentives—such as a require- Y2K bills which do not provide for propor- surance Association represents nearly 300 ment of notice and an opportunity to cure tionate liability and do not limit punitive property/casualty insurers, with millions of defects before suit is filed, and encouraged damages. These bills will not protect against policyholders and thousands of employees for engaging in alternative dispute resolu- ‘‘bounty hunting’’ lawsuits which could ag- across the nation. Our member companies in- tion—that will lead parties to identify solu- gravate Y2K transition problems by sure families, small businesses, and large tions before pursuing grievances in court; hamstringing the business community with businesses in every state. A key issue of con- A requirement that courts respect the pro- complicated litigation and potentially un- cern to AIA members and their employees is visions of contracts—particularly important limited exposure. providing a predictable and fair framework in preserving agreements of the parties on Tosco is undertaking a comprehensive ef- within which the courts will consider Year such matters as warranty obligations and fort to have its computer systems ready for 2000 disputes. On behalf of our member com- definition of recoverable damages; the transition to the Year 2000, and we are panies and their employees, I urge you to Threshold pleading provisions requiring working closely with our customers and ven- support both the cloture vote and final pas- particularity as to the nature, amount, and dors. While we expect a smooth transition, sage of the pending Year 2000 reforms (the re- factual basis for damages and materiality of we believe S. 96 will provide a useful frame- vised S. 96, the Y2K Act). defects, that will help constrain class action work for resolving any problems which may American Insurance Association members suits brought on behalf of parties that have arise. are leaders in advocating loss prevention suffered no significant injury; All members of the business community measures for our individual and business pol- Appointment of liability according to share the responsibility to be prepared for icyholders, and we’re proud to say that AIA fault, on principles approved by the Senate the computer transition to the Year 2000. April 26, 1999 CONGRESSIONAL RECORD — SENATE S4165 Your well-conceived Y2K Act will help pro- man & CEO, America OnLine; Wilfred and support for the legislation you recently tect companies which prepare for the transi- Corrigan, CEO & Chairman, LSI Logic; introduced in the United States Senate to tion in a timely manner while retaining ap- William Davidow, Partner, Mohr limit runaway liability awards in the event propriate legal remedies in the event other Davidow Ventures; Bob Herbold, Exec- of Y2K problems. companies do not meet their responsibilities. utive Vice President & COO, Microsoft As a major telecommunications equipment Tosco strongly supports S. 96. We also op- Corporation; George Klaus, CEO, Plat- company and an employer of over 11,000 peo- pose the alternative Y2K legislation which inum Software; Kim Polese, CEO, Ma- ple in the United States, Alcatel USA has a does not place reasonable limits on litiga- rimba, Inc.; Colleen Poulliot, Senior vested interest in this important issue. We tion exposure. Please call me if you would VP, General Counsel & Secretary, have spent tens of millions of dollars on Y2K like any further information. Adobe Systems; Willem Roelandts, remediation and are making a continuing, President & CEO, Xilinx; Michael Very truly yours, company-wide effort to protect our valued Rowan, CEO, Kestrel Solutions; Scott ANN FARNER MILLER, customers from Y2K-related failures. We Ryles, Managing Director, Merrill Vice President, wholeheartedly endorse your emphasis on Lynch; Eric Schmidt, Chairman & Government Relations. ‘‘remediation not litigation’’ and have put CEO, Novell; Ted Smith, Chairman & our money, technical expertise and man- CEO, FileNet. TECHNOLOGY NETWORK, power behind this concept. March 5, 1999. I realize that aspects of your legislation Hon. JOHN MCCAIN, INTERNATIONAL MASS are controversial and that some com- U.S. Senate, RETAIL ASSOCIATION, Washington, DC. Washington, DC, April 15, 1999. promises may be necessary in the weeks ahead. During the negotiating process I DEAR SENATOR MCCAIN: We are writing on Hon. JOHN MCCAIN, behalf of some of the nation’s leading tech- U.S. Senate, would ask you to keep in mind what Alcatel nology industry companies to voice support Washington, DC. considers to be the minimum essential ele- DEAR SENATOR MCCAIN: On behalf of the for the ‘‘Y2K Act’’ (S. 96 as amended), and to ments of any legislation limiting the liabil- International Mass Retail Association thank you for introducing this bipartisan ity of responsible corporations. (IMRA), I would like to thank you for spon- legislation to address the important issue of They are: soring the Y2K Act (S. 96). This legislation is Year 2000 readiness. Preeminence of existing contracts and crucial to preventing frivolous Y2K lawsuits agreements Technology companies are working aggres- from imposing needless costs on businesses sively to achieve Y2K readiness as soon as and congesting the court system. Pretrial notice and cure periods possible. In close partnership with their sup- Companies should focus their time and ef- Proportional liability instead of joint and pliers and customers, our companies are fort on assuring that their computer sys- several liability working to identify potential problems, fix tems, and those of their suppliers, will be Damages limited to direct or consequential systems and conduct tests to ensure that Y2K-compliant—not in preparing for law- If there is anything that Alcatel USA can they are ready for Y2K. The technology in- suits, that could harm a prospering U.S. do in support of your legislation, please feel dustries have committed extraordinary re- economy and even cost some workers their free to contact me or David Owen, the head sources to ensure a smooth transition to the jobs. Without adequate safeguards against of our Washington Government Relations Of- Year 2000. Unfortunately, industry efforts to frivolous lawsuits, American consumers may fice (703–724–2930). Our Washington office has address Y2K readiness are threatened by con- suffer more from Y2K lawsuits than from instructions to work closely with the Na- cern about potential litigation. Y2K failures. tional Association of Manufacturers, the Lawsuits designed to exploit the Year 2000 IMRA supports the Y2K Act (S. 96). S. 96 Telecommunications Industry Association, issue will turn industry attention and re- gives companies an incentive to work to pre- and the US Chamber of Commerce in order sources away from the critical task of ensur- vent Y2K failures. The bill provides a chance to guarantee that our advocacy activities for ing that computer systems are Y2K compli- to fix potential Y2K problems before lawsuits Y2K liability limitations are focused and ant. We fully support comprehensive legisla- are filed. With an orderly process like this, well coordinated. tion to ensure that companies that act in which favors remediation over litigation, good faith to solve Y2K disruptions are pro- courts may soon become backlogged with In closing, I would like to thank you once tected from opportunistic litigation that Y2K lawsuits that could, and should, be re- again for spearheading this important legis- slows the important work of remediation. solved through faster, more cooperative lative initiative to protect our vibrant econ- Legislation is essential to ensure that com- methods. omy from a ‘‘feeding frenzy’’ of destructive panies concentrate their full attention and The International Mass Retail Association and ultimately unproductive litigation. Sincerely yours, resources on Year 2000 readiness, and not on represents the mass retail industry—con- KRISH PRABHU, wasteful or abusive lawsuits. sumers’ first choice for price, value and con- President and CEO. The technology industry appreciates your venience. Its membership includes the fast- leadership in championing a solution to this est growing retailers in the world—discount department stores, home centers, category MICROAGE critical national issue. This legislation is an dominant specialty discounters, catalogue Tempe, AZ March 3, 1999. essential part of a comprehensive solution to showrooms, dollar stores, warehouse clubs, Hon. JOHN MCCAIN, the Y2K challenge and builds upon the ‘‘Good deep discount drugstores and off-price Chairman, U.S. Senate, Samaritan’’ bill that Congress enacted last stores—and the manufacturers who supply Committee on Commerce, Science & Transpor- year. them. IMRA retail members operate more tation, Washington DC. Immediate action is necessary to protect than 106,000 American stores and employ DEAR SENATOR MCCAIN: I support passage our nation’s economic vitality and security. millions of workers. One in every ten Ameri- of Y2K Act, S. 96. I also represent the Com- We must address this pressing issue as early cans works in the mass retail industry, and puting Technology Industry Association as possible in 1999. It is clearly in the inter- IMRA retail members represent over $411 bil- (CompTIA) with 7800 company members rep- est of all Americans that we spend resources lion in annual sales. resenting IT Industry manufacturers, dis- on remediation, and not on litigation. We We deeply appreciate your support on this tributors and resellers. CompTIA support commend you for your leadership and atten- issue and look forward to working closely passage of Y2K Act, S. 96. tion to this important issue and urge the with you toward a successful outcome early Small and large businesses are eager to Congress to enact Y2K legislation as soon as next year. Once again, many thanks for your solve the Y2K problem, yet many are not possible. support of the mass retail industry. doing so, primarily because of the fear of li- Sincerely, Sincerely, ability and lawsuits. The potential for exces- John Chambers, President & CEO, Cisco ROBERT J. VERDISCO, sive litigation and the negative impact on Systems; Les Vadasz, Senior Vice President, IMRA. President, Intel; Pam Alexander, Presi- targeted industries are already diverting pre- cious resources that could otherwise be used dent & CEO, Alexander Ogilvy Public ALCATEL Relations Worldwide; William Archey, Plano, TX, March 26, 1999. to help fix the Y2K problem. CEO, American Electronics Associa- Hon. JOHN MCCAIN, As I understand the bill, the purpose of tion; Kathy Behrens, President, NVCA; U.S. Senate, Washington, DC. this proposed legislation is to encourage Y2K Brook Byers, Partner, Kleiner Perkins DEAR SENATOR MCCAIN: The purpose of this remediation, not litigation. American indus- Caufield & Byers; Steve Case, Chair- letter is to express my personal appreciation try already is making massive investments S4166 CONGRESSIONAL RECORD — SENATE April 26, 1999 to prepare for the millennium computer bonanza stemming from the Y2K prob- broad appeal of this bill becomes even problem. A deluge of lawsuits would inhibit lem. We can’t be sure what computer- broader. these efforts—particularly in the growth sec- based system, if any, may go awry at In addition to modifying the limita- tor of the economy. This legislation creates midnight, December 31, 1999, but we tions on punitive damages and joint li- incentives to fix Y2K problems before they develop by encouraging parties to resolve should not sit by idly and wait to find ability, the substitute, among other disputes without litigation, but it also pre- out. The Y2K Act attempts proactively changes, strikes the provision in S. 96 serves the rights of those who suffer real in- to provide incentives for everyone, po- that created the defense for those using juries to file suits if necessary. tential plaintiffs and defendants alike, reasonable efforts to prevent Y2K prob- The Business Community Coalition, of to cure Y2K compliance problems be- lems; modifies the circumstances under which CompTIA is an active member, is also fore they occur and to impose reason- which the terms of a written contract supporting Y2K reform, representing all in- able limits on liability and rules for will be enforced by recognizing State dustry sectors and business sizes, is sup- the prosecution of lawsuits arising statutes that limit enforcement of cer- porting Y2K reform legislation designed to from Y2K failures. encourage a fair, fast and predictable mecha- tain terms, and expands the exceptions nism for resolving Y2K-related disputes. On today’s editorial page, the New to the economic loss rule. Respectfully yours, York Times criticizes Senator Madam President, these are not sim- ALAN P. HALD, MCCAIN’s Y2K legislation and opines ple legal concepts. While I think S. 96 Co-Founder, MicroAge, Inc. that: has benefitted from more deliberative Congress can also clarify the liability of review by interested parties rep- NPES, companies once it becomes clear how wide- resenting potential plaintiffs and de- Reston, VA, April 20, 1999. spread the problem really is. But before the fendants alike, I am still not convinced new year, the government should not use the OPEN LETTER TO THE SENATE IN SUPPORT OF S. that the substitute has achieved the 96—THE Y2K ACT millennium bug to overturn longstanding li- ability practices. I strongly disagree. We precisely correct balance of promoting On behalf of the over 400 member compa- remedial action, effectively curtailing nies of NPES the Association for Suppliers of know that our current liability system, long- Printing, Publishing and Converting Tech- standing as it may be, is flawed in that it in- abusive lawsuits, and not simply nologies I urge you to support S. 96, the Y2K creasingly lends itself to lawsuits of limited changing the way in which plaintiffs Act, when it comes to the Senate floor this merit, but huge downside risks, excessive plead their cases, and ensuring that week. delays, and creative and often unfair theo- plaintiffs have adequate recourse for S. 96 is a remediation bill that will encour- ries of liability. Just as it is irresponsible for damages. I nevertheless whole- people not to take remedial action to avoid age businesses to fix Y2K problems without heartedly support Y2K liability legisla- undue concern for unlimited and unwar- the Y2K problem, it would be irresponsible for Congress not to fix our litigation system tion because I believe it is our respon- ranted liability that could arise from Y2K sibility to prevent foreseeable litiga- failures. S. 96 does not insulate negligent with respect to its handling of this specific companies from being held responsible for issue, to deal with the flood of potential tion that could clog our State and Fed- their actions, and it does not leave victims cases and the enormous, possibly destruc- eral courts and divert enormous re- of Y2K-related problems without recourse tive, burden that litigation can impose on sources away from production and to- within the legal system. S. 96 will discourage potential defendants. Of particular concern ward litigation. The Senate should pass to me are the smaller high-technology com- frivolous litigation, but it will not preclude Y2K liability legislation and should do legitimate claims. panies that have been thriving in Wash- ington State and across the Nation. I have so as soon as possible. I expect that the Most importantly, S. 96 encourages resolu- bill can be further refined and im- tion of disputes before the contentiousness met with and heard from numerous rep- and expense of litigation. If a business suf- resentatives from these companies. To them, proved during floor debate and again in fers a Year 2000 failure, the most important the threat of abusive litigation is not specu- conference. next step should be solving the problem and lative or illusory; it is real and potentially I want to add to my formal written getting back to business, not engaging in fatal. remarks my admiration for the tre- counterproductive lawsuits that contribute Senator MCCAIN’s substitute to S. 96, mendous amount of effort that the little towards getting a company back serv- of which I am a cosponsor, is an im- chairman of the Commerce Committee ing its customers. provement in some respects to the bill has put into attempting to see to it NPES’ members, as equipment manufac- that we passed out of the Commerce that we here end up with a bill that be- turers and sellers, could well find themselves Committee, not in the least because as both plaintiffs and defendants in potential comes law, even though it requires a Y2K-related lawsuits. With this perspective, this substitute enjoys bipartisan sup- number of compromises, rather than we believe S. 96 strikes the proper balance port. Notably, the substitute modifies simply to become another item of de- encouraging appropriate remedial action and the provisions in S. 96 on punitive dam- bate and division. protecting legitimate interests of injured ages and joint liability. While S. 96 es- Tort reform, product liability legisla- parties. Therefore, we urge you to support S. tablished strict caps on punitive dam- tion, and medical malpractice legisla- 96 so that the American business community ages, the substitute permits these caps tion are all important national issues, can focus on addressing Y2K-related prob- to be pierced if the plaintiff establishes but they are all extremely divisive. In lems in the last months of the year, rather by clear and convincing evidence that this case, for this particular form of than diverting resources to responding to a potential calamity of counterproductive liti- the defendant acted with specific in- litigation, which has no precedent in gation following New Year’s Day 2000. tent to injure the plaintiff. The abso- the United States, reform is genuinely Sincerely, lute prohibition on joint liability origi- needed. The Senator from Arizona, the REGIS J. DELMONTAGUE, nally contained in S. 96 has also been chairman of the Commerce Committee, President. modified. has brought us a long way along the Mr. MCCAIN. Madam President, I The substitute roughly tracks the ex- right road, and I have every confidence note the presence of the Senator from ceptions to joint liability limits con- that we will finish with success. Washington on the floor, and I yield tained in the 1995 securities litigation Mr. MCCAIN. Madam President, I the floor at this time. reform legislation. Rather than to pro- thank the Senator from Washington The PRESIDING OFFICER. The Sen- hibit joint liability in all cases, the for his kind remarks, but most impor- ator from Washington. substitute permits joint liability, sub- tantly for his deep involvement in this Mr. GORTON. Is time controlled? ject to State limits, in situations in issue. As a former attorney general of The PRESIDING OFFICER. The time which plaintiffs’ assets are limited and his State, he understands these issues is controlled. Does the chairman wish damages exceed 10 percent of those as- better than I do, and his assistance in to yield time? sets; in situations in which damages this effort is extremely valuable and Mr. MCCAIN. Madam President, I cannot be recovered against another important. yield to the Senator from Washington defendant; and against defendants who Madam President, I don’t have any such time as he may consume. acted with specific intent to injure the speakers at this time. I suggest the ab- The PRESIDING OFFICER. The Sen- plaintiff or who knowingly committed sence of a quorum. ator from Washington is recognized. fraud. The PRESIDING OFFICER. The Mr. GORTON. Madam President, I Madam President, these changes clerk will call the roll. support legislation designed to avert have been made by Senator MCCAIN in The assistant legislative clerk pro- and control what could be a litigation a genuine effort to see to it that the ceeded to call the roll. April 26, 1999 CONGRESSIONAL RECORD — SENATE S4167 Mr. HOLLINGS. Madam President, I ure it’ll be cheaper in the long run to avoid inept, the inadequate, the incompetent, ask unanimous consent that the order bugs in the first place. the uncompliant. But what they want for the quorum call be rescinded. But most CEOs figure it’ll be cheaper in to do is pass laws and change around the long run to avoid bugs in the first place. The PRESIDING OFFICER. Without all the States’ tort systems for manu- 1 objection, it is so ordered. Here they have 7 ⁄2 months to get rid factured product downtown at the Mr. HOLLINGS. Madam President, of the bugs. Here, with this particular Chamber of Commerce, and that you the distinguished Senator from Ari- article, they had 10 months to get rid will find in the political polls, so we zona, our chairman, talked about frivo- of all the bugs. The technology has can write out to Silicon Valley and lous lawsuits and deep pockets and been on course for over 30 years. Every- say, ‘‘Look what I have done for you. I glitches. It strikes this Senator that one has been talking about it. We am looking out for you. Just con- what we have ongoing at the moment passed special legislation in the debate tribute to my campaign.’’ are computer glitches. Every now and last year to set aside the antitrust pro- That is all this is—another political again, we all run into it—on my com- visions so they could work together. exercise this week. puter and others’ around. Certainly it And, yet, some still are going to lag Quoting further: is an industry that has deep pockets, is and not do business. The World Bank has shelled out $72 million worth billions of dollars, and some This is why one of the leading com- in loans and grants to Y2K-stressed nations, never have made a profit. But the mar- puterization experts in the world just including Argentina and Sri Lanka. AT&T ket is valuable, with investments in an hour ago in my office said, ‘‘Sen- alone has spent $900 million fixing its sys- the billions of dollars. So with glitches ator, don’t pass this bill.’’ He said, ‘‘I tems. and deep pockets, you would think, by will use it for competition.’’ Those who It goes on and on in the article. the description about frivolous law- do not compete, who won’t comply, and Madam President, the point here is, suits, that there would be lawyers all who won’t get Y2K ready, ought to fall we are trying to solve a political prob- running around with frivolous law- by the wayside, as this article and my lem, not a business problem. It is one suits, saying, ‘‘they got deep pockets,’’ friend were pointing out. to get the contributions from Silicon I quote again from the article: and there are glitches, and everybody Valley. It is one that has put up a would be suing everybody. Some small outfits are already losing key straw man about a trillion dollars’ customers. In the past year, Prudential In- Of course, that just proves the con- worth of verdicts and all of that. That surance Co. has cut nine suppliers from its is outrageous nonsense. We haven’t had tention of the need for this bill. You go ‘‘critical’’ list of more than 3,000 core ven- from the different styles. I was here dors, and it continues to look for weak links, over $12 billion in product liability cu- when they went after the oil money. I says the Vice President for Information Sys- mulatively in this Nation since the in- was here when the oil went after the tems at the company. At Citibank . . . cuts cidents of product liability, but every milk money. Now, in 2000, they are have already been made. week we see some automobile company going after Silicon Valley and every- Reading again: recalling 100,000. The week before last, body is running out there to get their Big U.S. companies are not sugarcoating it was a 1-million-car callback for ret- money and their blessing, and they the problem. rofitting and everything else. Why? Be- never had any lawyers before, or any .. . ‘‘if a vendor is not up to speed by April cause some good trial lawyer brought representatives. Now they have them or May,’’ Rabat says, ‘‘it’s serious crunch some good case and on the safety basis time.’’ all marching into Washington. But has saved many, many from injury and other than the politics, the business Here it is 6 months away. We are death. community is taking care of it. going to pass emergency legislation for No. I take the position of the lawyers I refer, if the distinguished Presiding glitches and deep pockets. We have had in reality who really try the cases. Officer pleases, to the March 1 issue of glitches and deep pockets all during They have deep pockets, and they are Business Week. On page 30, it says: the 1990s, and there is no trillion dol- all there now, and they are all pros- lars’ worth of lawsuits and frivolous Lloyd Davis is feeling squeezed. In 1998, his pering and making more money. They $2 million, 25-employee fertilizer-equipment lawsuits. haven’t come to Washington to say, business was buffeted by the harsh winds That gets me to the point where I ‘‘Look, you know the changes that we that swept the farm community. This year, can tell you that the real lawyers who have in computers.’’ They change every his Golden Plains Agricultural Technologies, bring any cases don’t have any time to other year—now almost yearly. So Inc. in Colby, Kansas, is getting slammed by bring frivolous lawsuits. They are not there is another new model. So there is Y2K. Davis needs $71,000 to make his com- worth it. They can’t get anything for a glitch. But people do not run around puter systems bug-free by January 1. But he it. And they don’t get paid unless they suing everybody on some kind of has been able to rustle up only the $39,000. win. And if they win, they have to glitch. It is a business contract in the His bank has denied him a loan because— prove to a 12-man jury and withstand ironically—he’s not Y2K-ready. But Davis purchase under the Uniform Commer- knows he must make the fixes or lose busi- all of the legal motions, delays, and ev- cial Code to be controlled, and only ness. ‘‘Our big customers aren’t going to erything else. So the real attorneys when there is a fraudulent breach do wait much longer,’’ he frets. just do not bring frivolous lawsuits. we get into law, and tort law, which is Golden Plains and thousands of other Later, when we get into the full de- State tort law. small businesses are getting a dire ulti- bate on the measure, I will have the I don’t think we are going to change matum from the big corporations they sell documents to prove that from the Rand under this stampede here about what a to: Get ready for Y2K, or get lost. Multi- Corporation. grand thing we have—bipartisanship. nationals such as General Motors, McDon- Quoting further from the article: ald’s, Nike, and Deere are making the first Oh, no. It is as partisan as it can be for Through the Automotive Industry Action quarter—or the second at the latest—the those trying to get their money, be Group, GM and other car makers have set deadline for partners and vendors to prove they Republican or Democrat, out March 31 deadlines for vendors to become they’re bug-free. A recent survey by consult- there in the Silicon Valley campaign. Y2K compliant. ants at Gemini America says 69 percent of I yield the floor and retain the re- the 2,000 largest companies will stop doing Madam President, that is just 5 days mainder of my time. business with companies that can’t pass from now. I suggest the absence of a quorum to muster. The National Federation of Inde- In March, members of the Grocery Manu- be divided by unanimous consent be- pendent Business figures more than 1 million facturers of America will meet with their companies with 100 workers or fewer won’t tween both sides. counterparts from the Food Marketing Insti- The PRESIDING OFFICER. Is there make the cut, and as many as half will lose tute to launch similar efforts. Other compa- big chunks of business or even fail. nies are sending a warning to laggards—and objection? I am glad the market is taking care of shifting business to the tech-savvy. ‘‘Y2K Without objection, it is so ordered. them so we will not have to sue them. So the can be a great opportunity to clean up and The clerk will call the roll. products we get will be sound. modernize the supply chain,’’ says Roland S. The legislative assistant proceeded Reading further: Boreham, Jr., chairman of the board of to call the roll. Cutting thousands of companies out of the Baldor Electric Co. in Fort Smith, ARK. Mr. DORGAN. Mr. President, I ask supply chain might strain supply lines and There is a statement. This particular unanimous consent that the order for could even crimp output. But most CEOs fig- so-called ‘‘problem’’ is cleaning out the the quorum call be rescinded. S4168 CONGRESSIONAL RECORD — SENATE April 26, 1999 The PRESIDING OFFICER (Mr. Thurmond Voinovich Wellstone Resolved, That the resolution from the Torricelli Warner Wyden BROWNBACK). Without objection, it is so House of Representatives (H. Con. Res. 68) ordered. NOT VOTING—6 entitled ‘‘Concurrent resolution establishing the congressional budget for the United CLOTURE MOTION Biden Hutchison Moynihan Boxer Lautenberg Murkowski States Government for fiscal year 2000 and The PRESIDING OFFICER. Under setting forth appropriate budgetary levels the previous order, pursuant to rule The PRESIDING OFFICER. On this for each of fiscal years 2001 through 2009.’’, XXII, the Chair lays before the Senate vote the yeas are 94, the nays are 0. do pass with the following amendment: the pending cloture motion, which the Three-fifths of the Senators duly cho- Strike out all after the resolving clause and insert: clerk will state. sen and sworn having voted in the af- firmative, the motion is agreed to. SECTION 1. CONCURRENT RESOLUTION ON THE The legislative assistant read as fol- BUDGET FOR FISCAL YEAR 2000. f lows: (a) DECLARATION.— CLOTURE MOTION UNANIMOUS CONSENT (1) IN GENERAL.—Congress determines and de- We the undersigned Senators, in ac- AGREEMENT—S. 96 clares that this resolution is the concurrent res- olution on the budget for fiscal year 2000 includ- cordance with the provisions of rule Mr. MCCAIN. Mr. President, I ask ing the appropriate budgetary levels for fiscal XXII of the Standing Rules of the Sen- unanimous consent that at 11:30 a.m. years 2001 through 2009 as authorized by section ate, hereby move to bring to a close de- on Tuesday, April 27, the Senate pro- 301 of the Congressional Budget Act of 1974. bate on the motion to proceed to Cal- ceed to the consideration of S. 96, the (2) FISCAL YEAR 1999 BUDGET RESOLUTION.—S. endar No. 34, S. 96, the Y2K legislation: Y2K legislation. Res. 312, approved October 21, 1998, (105th Con- Trent Lott, John McCain, Rick gress) shall be considered to be the concurrent The PRESIDING OFFICER. Without resolution on the budget for fiscal year 1999. Santorum, Spencer Abraham, Judd objection, it is so ordered. Gregg, Pat Roberts, Wayne Allard, Rod (b) TABLE OF CONTENTS.—The table of con- Grams, Jon Kyl, Larry Craig, Bob Mr. LOTT addressed the Chair. tents for this concurrent resolution is as follows: Smith, Craig Thomas, Paul Coverdell, The PRESIDING OFFICER (Mr. FITZ- Sec. 1. Concurrent resolution on the budget for Pete Domenici, Don Nickles, and Phil GERALD). The majority leader is recog- fiscal year 2000. Gramm. nized. TITLE I—LEVELS AND AMOUNTS VOTE f Sec. 101. Recommended levels and amounts. Sec. 102. Social Security. The PRESIDING OFFICER. The MORNING BUSINESS question is, Is it the sense of the Sen- Sec. 103. Major functional categories. Mr. LOTT. Mr. President, I ask unan- Sec. 104. Reconciliation of revenue reductions ate that debate on the motion to pro- imous consent that the Senate now in the Senate. ceed to the consideration of S. 96, the proceed to a period of morning busi- Sec. 105. Reconciliation of revenue reductions Y2K Act, shall be brought to a close? in the House of Representatives. ness, with Senators permitted to speak The yeas and nays are required under therein for up to 10 minutes each. TITLE II—BUDGETARY RESTRAINTS AND the rule. The clerk will call the roll. RULEMAKING The PRESIDING OFFICER. Without The legislative clerk called the roll. Sec. 201. Reserve fund for agriculture. objection, it is so ordered. Mr. NICKLES. I announce that the Sec. 202. Tax reduction reserve fund in the Sen- f Senator from Texas (Mrs. HUTCHISON) ate. Sec. 203. Clarification on the application of sec- and the Senator from Alaska (Mr. MUR- APPOINTMENTS tion 202 of H. Con. Res. 67. KOWSKI) are necessarily absent. The PRESIDING OFFICER. The Sec. 204. Emergency designation point of order. Mr. REID. I announce that the Sen- Chair announces, on behalf of the Ma- Sec. 205. Authority to provide committee alloca- ator from Delaware (Mr. BIDEN), the jority Leader, pursuant to the provi- tions. Senator from California (Mrs. BOXER), sions of S. Res. 105 (adopted April 13, Sec. 206. Deficit-neutral reserve fund for use of and the Senator from New Jersey (Mr. OCS receipts. 1989), as amended by S. Res. 149 (adopt- Sec. 207. Deficit-neutral reserve fund for man- LAUTENBERG), are necessarily absent. ed October 5, 1993), as amended by Pub- aged care plans that agree to pro- I also announce that the Senator lic Law 105–275, and further amended vide additional services to the el- from New York (Mr. MOYNIHAN) is ab- by S. Res. 75 (adopted March 25, 1999), derly. sent due to surgery. the appointment of the following Sen- Sec. 208. Reserve fund for medicare and pre- I further announce that, if present ators to serve as members of the Sen- scription drugs. and voting, the Senator from New York Sec. 209. Exercise of rulemaking powers. ate National Security Working Group: Sec. 210. Deficit-neutral reserve fund to foster (Mr. MOYNIHAN) would vote ‘‘aye.’’ The Senator from Mississippi (Mr. the employment and independence The yeas and nays resulted—yeas 94, COCHRAN) (Majority Administrative Co- of individuals with disabilities. nays 0, as follows: chairman); TITLE III—SENSE OF THE CONGRESS AND [Rollcall Vote No. 91 Leg.] The Senator from Alaska (Mr. STE- THE SENATE YEAS—94 VENS) (Majority Cochairman); Sec. 301. Sense of the Senate on marriage pen- Abraham Edwards Lieberman The Senator from Arizona (Mr. KYL) alty. Akaka Enzi Lincoln (Majority Cochairman); Sec. 302. Sense of the Senate on improving secu- Allard Feingold Lott The Senator from North Carolina rity for United States diplomatic Ashcroft Feinstein Lugar (Mr. HELMS); missions. Baucus Fitzgerald Mack The Senator from Indiana (Mr. Sec. 303. Sense of the Senate on access to medi- Bayh Frist McCain care home health services. Bennett Gorton McConnell LUGAR); Sec. 304. Sense of the Senate regarding the de- Bingaman Graham Mikulski The Senator from Virginia (Mr. WAR- Bond Gramm ductibility of health insurance Murray Breaux Grams NER); premiums of the self-employed. Nickles Brownback Grassley The Senator from Oklahoma (Mr. Sec. 305. Sense of the Senate that tax reduc- Reed Bryan Gregg NHOFE tions should go to working fami- Reid I ); and Bunning Hagel The Senator from Wyoming (Mr. lies. Burns Harkin Robb Sec. 306. Sense of the Senate on the National Byrd Hatch Roberts ENZI). Rockefeller Guard. Campbell Helms f Sec. 307. Sense of the Senate on effects of Social Chafee Hollings Roth Cleland Hutchinson Santorum H. CON. RES. 68—CONCURRENT Security reform on women. Cochran Inhofe Sarbanes RESOLUTION ON THE BUDGET Sec. 308. Sense of the Senate on increased fund- ing for the national institutes of Collins Inouye Schumer FOR FISCAL YEAR 2000 Conrad Jeffords Sessions health. Coverdell Johnson Shelby On March 25, 1999, the Senate passed Sec. 309. Sense of Congress on funding for Craig Kennedy Smith (NH) Kyoto protocol implementation Crapo Kerrey H. Con. Res. 68, the concurrent resolu- Smith (OR) tion on the budget for fiscal year 2000. prior to Senate ratification. Daschle Kerry Snowe Sec. 310. Sense of the Senate on Federal re- DeWine Kohl Specter Printing of the resolution on April 14, Dodd search and development invest- Kyl Stevens 1999, failed to reflect the Senate Domenici Landrieu ment. Thomas Dorgan Leahy amendment thereto. H. Con. Res. 68, as Sec. 311. Sense of the Senate on counter-nar- Thompson Durbin Levin amended, follows: cotics funding. April 26, 1999 CONGRESSIONAL RECORD — SENATE S4169 Sec. 312. Sense of the Senate regarding tribal Sec. 343. Budgeting for the Defense Science and Fiscal year 2000: $1,426,931,000,000. colleges. Technology Program. Fiscal year 2001: $1,457,294,000,000. Sec. 313. Sense of the Senate on the Social Se- Sec. 344. Sense of the Senate concerning fund- Fiscal year 2002: $1,488,477,000,000. curity surplus. ing for the Urban Parks and Fiscal year 2003: $1,561,513,000,000. Sec. 314. Sense of the Senate on need-based stu- Recreation Recovery (UPARR) Fiscal year 2004: $1,613,278,000,000. dent financial aid programs. program. Fiscal year 2005: $1,666,843,000,000. Sec. 315. Findings; sense of Congress on the Sec. 345. Sense of the Senate on social pro- Fiscal year 2006: $1,698,902,000,000. protection of the Social Security motion. Fiscal year 2007: $1,754,567,000,000. surpluses. Sec. 346. Sense of the Senate on women and So- Fiscal year 2008: $1,815,739,000,000. Sec. 316. Sense of the Senate on providing ade- cial Security reform. Fiscal year 2009: $1,875,969,000,000. quate funding for United States Sec. 347. Sense of the Congress regarding South (3) BUDGET OUTLAYS.—For purposes of the en- international leadership. Korea’s international trade prac- forcement of this resolution, the appropriate lev- Sec. 317. Sense of the Senate that the Federal tices on pork and beef. els of total budget outlays are as follows: Government should not invest the Sec. 348. Sense of the Senate regarding support Fiscal year 2000: $1,408,292,000,000. Social Security Trust Funds in for State and local law enforce- Fiscal year 2001: $1,435,931,000,000. private financial markets. ment. Sec. 318. Sense of the Senate concerning on- Fiscal year 2002: $1,455,992,000,000. Sec. 349. Sense of the Senate on merger enforce- Fiscal year 2003: $1,532,014,000,000. budget surplus. ment by Department of Justice. Sec. 319. Sense of the Senate on TEA-21 fund- Fiscal year 2004: $1,583,070,000,000. Sec. 350. Sense of the Senate to create a task ing and the States. Fiscal year 2005: $1,639,428,000,000. force to pursue the creation of a Sec. 320. Sense of the Senate that agricultural Fiscal year 2006: $1,667,958,000,000. natural disaster reserve fund. risk management programs should Fiscal year 2007: $1,717,688,000,000. Sec. 351. Sense of the Senate concerning Fed- benefit livestock producers. Fiscal year 2008: $1,782,597,000,000. Sec. 321. Sense of the Senate regarding the eral tax relief. Fiscal year 2009: $1,842,697,000,000. Sec. 352. Sense of the Senate on eliminating the modernization and improvement (4) DEFICITS OR SURPLUSES.—For purposes of of the medicare program. marriage penalty and across-the- the enforcement of this resolution, the amounts Sec. 322. Sense of the Senate on providing tax board income tax rate cuts. of the deficits or surpluses are as follows: relief to all Americans by return- Sec. 353. Sense of the Senate on importance of Fiscal year 2000: ¥$6,313,000,000. ing non-Social Security surplus to funding for embassy security. Fiscal year 2001: $0. taxpayers. Sec. 354. Sense of the Senate on funding for Fiscal year 2002: $0. Sec. 323. Sense of the Senate regarding tax in- after school education. Fiscal year 2003: $0. Sec. 355. Sense of the Senate concerning recov- centives for education savings. Fiscal year 2004: $2,899,000,000. ery of funds by the Federal Gov- Sec. 324. Sense of the Senate that the One Hun- Fiscal year 2005: $9,831,000,000. ernment in tobacco-related litiga- dred Sixth Congress, First Session Fiscal year 2006: $14,830,000,000. tion. should reauthorize funds for the Fiscal year 2007: $19,763,000,000. Sec. 356. Sense of the Senate on offsetting inap- Farmland Protection Program. Fiscal year 2008: $24,820,000,000. propriate emergency spending. Sec. 325. Sense of the Senate on tax cuts for Fiscal year 2009: $27,816,000,000. Sec. 357. Findings; sense of Congress on the lower and middle income tax- (5) PUBLIC DEBT.—The appropriate levels of President’s fiscal year 2000 budget payers. the public debt are as follows: proposal to tax association invest- Sec. 326. Sense of the Senate regarding reform Fiscal year 2000: $5,635,900,000,000. ment income. of the Internal Revenue Code of Fiscal year 2001: $5,716,100,000,000. Sec. 358. Sense of the Senate regarding funding 1986. Fiscal year 2002: $5,801,000,000,000. Sec. 327. Sense of the Senate regarding Davis- for counter-narcotics initiatives. Sec. 359. Sense of the Senate on modernizing Fiscal year 2003: $5,885,000,000,000. Bacon. Fiscal year 2004: $5,962,200,000,000. Sec. 328. Sense of the Senate regarding access America’s schools. Fiscal year 2005: $6,029,400,000,000. to items and services under medi- Sec. 360. Sense of the Senate concerning fund- Fiscal year 2006: $6,088,100,000,000. care program. ing for the land and water con- Sec. 329. Sense of the Senate concerning autism. servation fund. Fiscal year 2007: $6,138,900,000,000. Sec. 330. Sense of the Senate on women’s access Sec. 361. Sense of the Senate regarding support Fiscal year 2008: $6,175,100,000,000. to obstetric and gynecological for Federal, State and local law Fiscal year 2009: $6,203,500,000,000. services. enforcement and for the Violent (6) DEBT HELD BY THE PUBLIC.—The appro- Sec. 331. Sense of the Senate on LIHEAP. Crime Reduction Trust Fund. priate levels of the debt held by the public are Sec. 332. Sense of the Senate on transportation Sec. 362. Sense of the Senate regarding Social as follows: firewalls. Security notch babies. Fiscal year 2000: $3,510,000,000,000. Sec. 333. Sense of the Senate on funding exist- Fiscal year 2001: $3,377,700,000,000. TITLE I—LEVELS AND AMOUNTS ing, effective public health pro- Fiscal year 2002: $3,236,900,000,000. grams before creating new pro- SEC. 101. RECOMMENDED LEVELS AND AMOUNTS. Fiscal year 2003: $3,088,200,000,000. grams. The following budgetary levels are appro- Fiscal year 2004: $2,926,000,000,000. Sec. 334. Sense of the Senate concerning fund- priate for the fiscal years 2000 through 2009: Fiscal year 2005: $2,742,900,000,000. ing for special education. (1) FEDERAL REVENUES.—For purposes of the Fiscal year 2006: $2,544,200,000,000. Sec. 335. Sense of the Senate on the importance enforcement of this resolution— Fiscal year 2007: $2,329,100,000,000. of Social Security for individuals (A) The recommended levels of Federal reve- Fiscal year 2008: $2,099,500,000,000. who become disabled. nues are as follows: Fiscal year 2009: $1,861,100,000,000. Sec. 336. Sense of the Senate regarding funding Fiscal year 2000: $1,401,979,000,000. SEC. 102. SOCIAL SECURITY. for intensive firearms prosecution Fiscal year 2001: $1,435,931,000,000. (a) SOCIAL SECURITY REVENUES.—For pur- programs. Fiscal year 2002: $1,455,992,000,000. poses of Senate enforcement under sections 302, Sec. 337. Honest reporting of the deficit. Fiscal year 2003: $1,532,014,000,000. Sec. 338. Sense of the Senate concerning fos- Fiscal year 2004: $1,585,969,000,000. and 311 of the Congressional Budget Act of 1974, tering the employment and inde- Fiscal year 2005: $1,649,259,000,000. the amounts of revenues of the Federal Old-Age pendence of individuals with dis- Fiscal year 2006: $1,682,788,000,000. and Survivors Insurance Trust Fund and the abilities. Fiscal year 2007: $1,737,451,000,000. Federal Disability Insurance Trust Fund are as Sec. 339. Sense of the Senate regarding asset- Fiscal year 2008: $1,807,417,000,000. follows: building for the working poor. Fiscal year 2009: $1,870,513,000,000. Fiscal year 2000: $468,020,000,000. Sec. 340. Sense of the Senate that the provisions (B) The amounts by which the aggregate lev- Fiscal year 2001: $487,744,000,000. of this resolution assume that it is els of Federal revenues should be changed are Fiscal year 2002: $506,293,000,000. the policy of the United States to as follows: Fiscal year 2003: $527,326,000,000. provide as soon as is techno- Fiscal year 2000: $0. Fiscal year 2004: $549,876,000,000. logically possible an education for Fiscal year 2001: ¥$6,716,000,000. Fiscal year 2005: $576,840,000,000. every American child that will en- Fiscal year 2002: ¥$52,284,000,000. Fiscal year 2006: $601,834,000,000. able each child to effectively meet Fiscal year 2003: ¥$31,305,000,000. Fiscal year 2007: $628,277,000,000. the challenges of the twenty-first Fiscal year 2004: ¥$48,180,000,000. Fiscal year 2008: $654,422,000,000. century. Fiscal year 2005: ¥$61,637,000,000. Fiscal year 2009: $681,313,000,000. Sec. 341. Sense of the Senate concerning exemp- Fiscal year 2006: ¥$107,925,000,000. (b) SOCIAL SECURITY OUTLAYS.—For purposes tion of agricultural commodities Fiscal year 2007: ¥$133,949,000,000. of Senate enforcement under sections 302, and and products, medicines, and Fiscal year 2008: ¥$148,792,000,000. 311 of the Congressional Budget Act of 1974, the medical products from unilateral Fiscal year 2009: ¥$175,197,000,000. amounts of outlays of the Federal Old-Age and economic sanctions. (2) NEW BUDGET AUTHORITY.—For purposes of Survivors Insurance Trust Fund and the Fed- Sec. 342. Sense of the Senate regarding capital the enforcement of this resolution, the appro- eral Disability Insurance Trust Fund are as fol- gains tax fairness for family farm- priate levels of total new budget authority are lows: ers. as follows: Fiscal year 2000: $327,256,000,000. S4170 CONGRESSIONAL RECORD — SENATE April 26, 1999 Fiscal year 2001: $339,789,000,000. (A) New budget authority, $17,912,000,000. (B) Outlays, $13,660,000,000. Fiscal year 2002: $350,127,000,000. (B) Outlays, $17,880,000,000. Fiscal year 2001: Fiscal year 2003: $362,197,000,000. Fiscal year 2003: (A) New budget authority, $13,519,000,000. Fiscal year 2004: $375,253,000,000. (A) New budget authority, $17,912,000,000. (B) Outlays, $11,279,000,000. Fiscal year 2005: $389,485,000,000. (B) Outlays, $17,784,000,000. Fiscal year 2002: Fiscal year 2006: $404,596,000,000. Fiscal year 2004: (A) New budget authority, $11,288,000,000. Fiscal year 2007: $420,616,000,000. (A) New budget authority, $17,912,000,000. (B) Outlays, $9,536,000,000. Fiscal year 2008: $438,132,000,000. (B) Outlays, $17,772,000,000. Fiscal year 2003: Fiscal year 2009: $459,496,000,000. Fiscal year 2005: (A) New budget authority, $11,955,000,000. SEC. 103. MAJOR FUNCTIONAL CATEGORIES. (A) New budget authority, $17,912,000,000. (B) Outlays, $10,252,000,000. Congress determines and declares that the ap- (B) Outlays, $17,768,000,000. Fiscal year 2004: propriate levels of new budget authority, budget Fiscal year 2006: (A) New budget authority, $12,072,000,000. outlays, new direct loan obligations, and new (A) New budget authority, $17,912,000,000. (B) Outlays, $10,526,000,000. primary loan guarantee commitments for fiscal (B) Outlays, $17,768,000,000. Fiscal year 2005: years 2000 through 2009 for each major func- Fiscal year 2007: (A) New budget authority, $10,553,000,000. tional category are: (A) New budget authority, $17,912,000,000. (B) Outlays, $9,882,000,000. (B) Outlays, $17,768,000,000. Fiscal year 2006: (1) National Defense (050): Fiscal year 2008: (A) New budget authority, $10,609,000,000. Fiscal year 2000: (A) New budget authority, $17,912,000,000. (B) Outlays, $9,083,000,000. (A) New budget authority, $288,812,000,000. (B) Outlays, $17,768,000,000. Fiscal year 2007: (B) Outlays, $274,567,000,000. Fiscal year 2009: (A) New budget authority, $10,711,000,000. Fiscal year 2001: (A) New budget authority, $17,912,000,000. (B) Outlays, $9,145,000,000. (A) New budget authority, $303,616,000,000. (B) Outlays, $17,768,000,000. Fiscal year 2008: (B) Outlays, $285,949,000,000. (4) Energy (270): (A) New budget authority, $10,763,000,000. Fiscal year 2002: Fiscal year 2000: (B) Outlays, $9,162,000,000. (A) New budget authority, $308,175,000,000. (A) New budget authority, $49,000,000. Fiscal year 2009: (B) Outlays, $291,714,000,000. (B) Outlays, ¥$650,000,000. (A) New budget authority, $10,853,000,000. Fiscal year 2003: Fiscal year 2001: (B) Outlays, $9,223,000,000. (A) New budget authority, $318,277,000,000. (A) New budget authority, ¥$1,435,000,000. (7) Commerce and Housing Credit (370): (B) Outlays, $303,642,000,000. (B) Outlays, ¥$3,136,000,000. Fiscal year 2000: Fiscal year 2004: Fiscal year 2002: (A) New budget authority, $9,664,000,000. (A) New budget authority, $327,166,000,000. (A) New budget authority, ¥$163,000,000. (B) Outlays, $4,270,000,000. (B) Outlays, $313,460,000,000. (B) Outlays, ¥$1,138,000,000. Fiscal year 2001: Fiscal year 2005: Fiscal year 2003: (A) New budget authority, $10,620,000,000. (A) New budget authority, $328,370,000,000. (A) New budget authority, ¥$84,000,000. (B) Outlays, $5,754,000,000. (B) Outlays, $316,675,000,000. (B) Outlays, ¥$1,243,000,000. Fiscal year 2002: Fiscal year 2006: Fiscal year 2004: (A) New budget authority, $14,450,000,000. (A) New budget authority, $329,600,000,000. (A) New budget authority, ¥$319,000,000. (B) Outlays, $10,188,000,000. (B) Outlays, $315,111,000,000. (B) Outlays, ¥$1,381,000,000. Fiscal year 2003: Fiscal year 2007: Fiscal year 2005: (A) New budget authority, $14,529,000,000. (A) New budget authority, $330,870,000,000. (A) New budget authority, ¥$447,000,000. (B) Outlays, $10,875,000,000. (B) Outlays, $313,687,000,000. (B) Outlays, ¥$1,452,000,000. Fiscal year 2004: Fiscal year 2008: Fiscal year 2006: (A) New budget authority, $13,859,000,000. (A) New budget authority, $332,176,000,000. (A) New budget authority, ¥$452,000,000. (B) Outlays, $10,439,000,000. (B) Outlays, $317,103,000,000. (B) Outlays, ¥$1,453,000,000. Fiscal year 2005: Fiscal year 2009: Fiscal year 2007: (A) New budget authority, $12,660,000,000. (A) New budget authority, $333,452,000,000. (A) New budget authority, ¥$506,000,000. (B) Outlays, $9,437,000,000. (B) Outlays, $318,041,000,000. (B) Outlays, ¥$1,431,000,000. Fiscal year 2006: (2) International Affairs (150): Fiscal year 2008: (A) New budget authority, $12,635,000,000. Fiscal year 2000: (A) New budget authority, ¥$208,000,000. (B) Outlays, $9,130,000,000. (A) New budget authority, $12,511,000,000. (B) Outlays, ¥$1,137,000,000. Fiscal year 2007: (B) Outlays, $14,850,000,000. Fiscal year 2009: (A) New budget authority, $12,666,000,000. Fiscal year 2001: (A) New budget authority, ¥$76,000,000. (B) Outlays, $8,879,000,000. (A) New budget authority, $12,716,000,000. (B) Outlays, ¥$1,067,000,000. Fiscal year 2008: (B) Outlays, $15,362,000,000. (5) Natural Resources and Environment (300): (A) New budget authority, $12,642,000,000. Fiscal year 2002: Fiscal year 2000: (B) Outlays, $8,450,000,000. (A) New budget authority, $11,985,000,000. (A) New budget authority, $21,720,000,000. Fiscal year 2009: (B) Outlays, $14,781,000,000. (B) Outlays, $22,444,000,000. (A) New budget authority, $13,415,000,000. Fiscal year 2003: Fiscal year 2001: (B) Outlays, $8,824,000,000. (A) New budget authority, $13,590,000,000. (A) New budget authority, $21,183,000,000. (8) Transportation (400): (B) Outlays, $14,380,000,000. (B) Outlays, $21,729,000,000. Fiscal year 2000: Fiscal year 2004: Fiscal year 2002: (A) New budget authority, $51,325,000,000. (A) New budget authority, $14,494,000,000. (A) New budget authority, $20,747,000,000. (B) Outlays, $45,333,000,000. (B) Outlays, $14,133,000,000. (B) Outlays, $21,023,000,000. Fiscal year 2001: Fiscal year 2005: Fiscal year 2003: (A) New budget authority, $51,128,000,000. (A) New budget authority, $14,651,000,000. (A) New budget authority, $22,479,000,000. (B) Outlays, $47,711,000,000. (B) Outlays, $13,807,000,000. (B) Outlays, $22,579,000,000. Fiscal year 2002: Fiscal year 2006: Fiscal year 2004: (A) New budget authority, $51,546,000,000. (A) New budget authority, $14,834,000,000. (A) New budget authority, $22,492,000,000. (B) Outlays, $47,765,000,000. (B) Outlays, $13,513,000,000. (B) Outlays, $22,503,000,000. Fiscal year 2003: Fiscal year 2007: Fiscal year 2005: (A) New budget authority, $52,477,000,000. (A) New budget authority, $14,929,000,000. (A) New budget authority, $22,536,000,000. (B) Outlays, $46,720,000,000. (B) Outlays, $13,352,000,000. (B) Outlays, $22,429,000,000. Fiscal year 2004: Fiscal year 2008: Fiscal year 2006: (A) New budget authority, $52,580,000,000. (A) New budget authority, $14,998,000,000. (A) New budget authority, $22,566,000,000. (B) Outlays, $46,207,000,000. (B) Outlays, $13,181,000,000. (B) Outlays, $22,466,000,000. Fiscal year 2005: Fiscal year 2009: Fiscal year 2007: (A) New budget authority, $52,609,000,000. (A) New budget authority, $14,962,000,000. (A) New budget authority, $22,667,000,000. (B) Outlays, $46,022,000,000. (B) Outlays, $13,054,000,000. (B) Outlays, $22,425,000,000. Fiscal year 2006: (3) General Science, Space, and Technology Fiscal year 2008: (A) New budget authority, $52,640,000,000. (250): (A) New budget authority, $22,658,000,000. (B) Outlays, $45,990,000,000. Fiscal year 2000: (B) Outlays, $22,361,000,000. Fiscal year 2007: (A) New budget authority, $17,955,000,000. Fiscal year 2009: (A) New budget authority, $52,673,000,000. (B) Outlays, $18,214,000,000. (A) New budget authority, $23,041,000,000. (B) Outlays, $45,990,000,000. Fiscal year 2001: (B) Outlays, $22,738,000,000. Fiscal year 2008: (A) New budget authority, $17,946,000,000. (6) Agriculture (350): (A) New budget authority, $52,707,000,000. (B) Outlays, $17,907,000,000. Fiscal year 2000: (B) Outlays, $46,007,000,000. Fiscal year 2002: (A) New budget authority, $14,831,000,000. Fiscal year 2009: April 26, 1999 CONGRESSIONAL RECORD — SENATE S4171 (A) New budget authority, $52,742,000,000. Fiscal year 2007: (A) New budget authority, $48,341,000,000. (B) Outlays, $46,033,000,000. (A) New budget authority, $246,348,000,000. (B) Outlays, $48,844,000,000. (9) Community and Regional Development (B) Outlays, $245,472,000,000. Fiscal year 2006: (450): Fiscal year 2008: (A) New budget authority, $46,827,000,000. Fiscal year 2000: (A) New budget authority, $265,160,000,000. (B) Outlays, $47,373,000,000. (A) New budget authority, $5,343,000,000. (B) Outlays, $264,420,000,000. Fiscal year 2007: (B) Outlays, $10,273,000,000. Fiscal year 2009: (A) New budget authority, $47,377,000,000. Fiscal year 2001: (A) New budget authority, $285,541,000,000. (B) Outlays, $45,803,000,000. (A) New budget authority, $2,704,000,000. (B) Outlays, $284,941,000,000. Fiscal year 2008: (B) Outlays, $7,517,000,000. (12) Medicare (570): (A) New budget authority, $47,959,000,000. Fiscal year 2002: Fiscal year 2000: (B) Outlays, $48,505,000,000. (A) New budget authority, $1,889,000,000. (A) New budget authority, $208,652,000,000. Fiscal year 2009: (B) Outlays, $4,667,000,000. (B) Outlays, $208,698,000,000. (A) New budget authority, $48,578,000,000. Fiscal year 2003: Fiscal year 2001: (B) Outlays, $49,150,000,000. (A) New budget authority, $2,042,000,000. (A) New budget authority, $222,104,000,000. (15) Administration of Justice (750): (B) Outlays, $2,964,000,000. (B) Outlays, $222,252,000,000. Fiscal year 2000: Fiscal year 2004: Fiscal year 2002: (A) New budget authority, $23,434,000,000. (A) New budget authority, $2,037,000,000. (A) New budget authority, $230,593,000,000. (B) Outlays, $25,349,000,000. (B) Outlays, $2,120,000,000. (B) Outlays, $230,222,000,000. Fiscal year 2001: Fiscal year 2005: Fiscal year 2003: (A) New budget authority, $24,656,000,000. (A) New budget authority, $2,030,000,000. (A) New budget authority, $250,743,000,000. (B) Outlays, $25,117,000,000. (B) Outlays, $1,234,000,000. (B) Outlays, $250,871,000,000. Fiscal year 2002: Fiscal year 2006: Fiscal year 2004: (A) New budget authority, $24,657,000,000. (A) New budget authority, $2,027,000,000. (A) New budget authority, $268,558,000,000. (B) Outlays, $24,932,000,000. (B) Outlays, $931,000,000. (B) Outlays, $268,738,000,000. Fiscal year 2003: Fiscal year 2007: Fiscal year 2005: (A) New budget authority, $2,021,000,000. (A) New budget authority, $295,574,000,000. (A) New budget authority, $24,561,000,000. (B) Outlays, $795,000,000. (B) Outlays, $295,188,000,000. (B) Outlays, $24,425,000,000. Fiscal year 2008: Fiscal year 2006: Fiscal year 2004: (A) New budget authority, $2,019,000,000. (A) New budget authority, $306,772,000,000. (A) New budget authority, $24,467,000,000. (B) Outlays, $724,000,000. (B) Outlays, $306,929,000,000. (B) Outlays, $24,356,000,000. Fiscal year 2009: Fiscal year 2007: Fiscal year 2005: (A) New budget authority, $2,013,000,000. (A) New budget authority, $337,566,000,000. (A) New budget authority, $24,355,000,000. (B) Outlays, $688,000,000. (B) Outlays, $337,761,000,000. (B) Outlays, $24,242,000,000. (10) Education, Training, Employment, and Fiscal year 2008: Fiscal year 2006: Social Services (500): (A) New budget authority, $365,642,000,000. (A) New budget authority, $24,242,000,000. Fiscal year 2000: (B) Outlays, $365,225,000,000. (B) Outlays, $24,121,000,000. (A) New budget authority, $67,373,000,000. Fiscal year 2009: Fiscal year 2007: (B) Outlays, $63,994,000,000. (A) New budget authority, $394,078,000,000. (A) New budget authority, $24,114,000,000. Fiscal year 2001: (B) Outlays, $394,249,000,000. (B) Outlays, $23,996,000,000. (A) New budget authority, $66,549,000,000. (13) Income Security (600): Fiscal year 2008: (B) Outlays, $65,355,000,000. Fiscal year 2000: (A) New budget authority, $23,989,000,000. Fiscal year 2002: (A) New budget authority, $244,390,000,000. (B) Outlays, $23,885,000,000. (A) New budget authority, $67,295,000,000. (B) Outlays, $248,088,000,000. Fiscal year 2009: (B) Outlays, $66,037,000,000. Fiscal year 2001: (A) New budget authority, $23,833,000,000. Fiscal year 2003: (A) New budget authority, $251,873,000,000. (B) Outlays, $23,720,000,000. (A) New budget authority, $73,334,000,000. (B) Outlays, $257,750,000,000. (16) General Government (800): (B) Outlays, $68,531,000,000. Fiscal year 2002: Fiscal year 2000: Fiscal year 2004: (A) New budget authority, $264,620,000,000. (A) New budget authority, $12,339,000,000. (A) New budget authority, $76,648,000,000. (B) Outlays, $267,411,000,000. (B) Outlays, $13,476,000,000. (B) Outlays, $72,454,000,000. Fiscal year 2003: Fiscal year 2001: Fiscal year 2005: (A) New budget authority, $277,386,000,000. (A) New budget authority, $11,916,000,000. (A) New budget authority, $77,464,000,000. (B) Outlays, $277,175,000,000. (B) Outlays, $12,605,000,000. (B) Outlays, $75,891,000,000. Fiscal year 2004: Fiscal year 2002: Fiscal year 2006: (A) New budget authority, $286,576,000,000. (A) New budget authority, $12,080,000,000. (A) New budget authority, $78,229,000,000. (B) Outlays, $286,388,000,000. (B) Outlays, $12,282,000,000. (B) Outlays, $77,189,000,000. Fiscal year 2005: Fiscal year 2003: Fiscal year 2007: (A) New budget authority, $298,942,000,000. (A) New budget authority, $12,083,000,000. (A) New budget authority, $79,133,000,000. (B) Outlays, $299,128,000,000. (B) Outlays, $12,150,000,000. (B) Outlays, $78,119,000,000. Fiscal year 2006: Fiscal year 2004: Fiscal year 2008: (A) New budget authority, $305,655,000,000. (A) New budget authority, $12,099,000,000. (A) New budget authority, $80,144,000,000. (B) Outlays, $305,943,000,000. (B) Outlays, $12,186,000,000. (B) Outlays, $79,109,000,000. Fiscal year 2007: Fiscal year 2005: Fiscal year 2009: (A) New budget authority, $312,047,000,000. (A) New budget authority, $12,112,000,000. (A) New budget authority, $80,051,000,000. (B) Outlays, $312,753,000,000. (B) Outlays, $11,906,000,000. (B) Outlays, $79,059,000,000. Fiscal year 2008: Fiscal year 2006: (11) Health (550): (A) New budget authority, $325,315,000,000. (A) New budget authority, $12,134,000,000. Fiscal year 2000: (B) Outlays, $326,666,000,000. (B) Outlays, $11,839,000,000. (A) New budget authority, $156,181,000,000. Fiscal year 2009: Fiscal year 2007: (B) Outlays, $152,986,000,000. (A) New budget authority, $335,562,000,000. (A) New budget authority, $12,150,000,000. Fiscal year 2001: (B) Outlays, $337,102,000,000. (B) Outlays, $11,873,000,000. (A) New budget authority, $164,089,000,000. (14) Veterans Benefits and Services (700): Fiscal year 2008: (B) Outlays, $162,357,000,000. Fiscal year 2000: (A) New budget authority, $12,169,000,000. Fiscal year 2002: (A) New budget authority, $46,724,000,000. (B) Outlays, $12,064,000,000. (A) New budget authority, $173,330,000,000. (B) Outlays, $47,064,000,000. Fiscal year 2009: (B) Outlays, $173,767,000,000. Fiscal year 2001: (A) New budget authority, $12,178,000,000. Fiscal year 2003: (A) New budget authority, $44,255,000,000. (B) Outlays, $11,931,000,000. (A) New budget authority, $184,679,000,000. (B) Outlays, $44,980,000,000. (17) Net Interest (900): (B) Outlays, $185,330,000,000. Fiscal year 2002: Fiscal year 2000: Fiscal year 2004: (A) New budget authority, $44,728,000,000. (A) New budget authority, $275,682,000,000. (A) New budget authority, $197,893,000,000. (B) Outlays, $45,117,000,000. (B) Outlays, $275,682,000,000. (B) Outlays, $198,499,000,000. Fiscal year 2003: Fiscal year 2001: Fiscal year 2005: (A) New budget authority, $45,536,000,000. (A) New budget authority, $271,443,000,000. (A) New budget authority, $212,821,000,000. (B) Outlays, $46,024,000,000. (B) Outlays, $271,443,000,000. (B) Outlays, $212,637,000,000. Fiscal year 2004: Fiscal year 2002: Fiscal year 2006: (A) New budget authority, $45,862,000,000. (A) New budget authority, $267,855,000,000. (A) New budget authority, $228,379,000,000. (B) Outlays, $46,327,000,000. (B) Outlays, $267,855,000,000. (B) Outlays, $228,323,000,000. Fiscal year 2005: Fiscal year 2003: S4172 CONGRESSIONAL RECORD — SENATE April 26, 1999 (A) New budget authority, $265,573,000,000. (2) to decrease the statutory limit on the pub- credit, and other expiring tax provisions, a num- (B) Outlays, $265,573,000,000. lic debt to not more than $5,865,000,000,000 for ber of which are important to help American Fiscal year 2004: fiscal year 2000. businesses compete in the modern international (A) New budget authority, $263,835,000,000. SEC. 105. RECONCILIATION OF REVENUE REDUC- economy and to help bring the benefits of a (B) Outlays, $263,835,000,000. TIONS IN THE HOUSE OF REP- strong economy to disadvantaged individuals Fiscal year 2005: RESENTATIVES. and communities; (A) New budget authority, $261,411,000,000. Not later than June 11, 1999, the Committee on (B) Outlays, $261,411,000,000. (6) tax incentives to help small businesses; and Fiscal year 2006: Ways and Means shall report to the House of (7) tax relief provided by accelerating the in- (A) New budget authority, $259,195,000,000. Representatives a reconciliation bill proposing crease in the deductibility of health insurance (B) Outlays, $259,195,000,000. changes in laws within its jurisdiction premiums for the self-employed. Fiscal year 2007: necessary— SEC. 203. CLARIFICATION ON THE APPLICATION (A) New budget authority, $257,618,000,000. (1) to reduce revenues by not more than $0 in OF SECTION 202 OF H. CON. RES. 67. (B) Outlays, $257,618,000,000. fiscal year 2000, $142,034,000,000 for the period of Section 202(b) of H. Con. Res. 67 (104th Con- Fiscal year 2008: fiscal years 2000 through 2004, and gress) is amended— (A) New budget authority, $255,177,000,000. $777,587,000,000 for the period of fiscal years (1) in paragraph (1), by striking ‘‘the deficit’’ (B) Outlays, $255,177,000,000. 2000 through 2009; and and inserting ‘‘the on-budget deficit or cause an Fiscal year 2009: (2) to decrease the statutory limit on the pub- on-budget deficit’’; and (A) New budget authority, $253,001,000,000. lic debt to not more than $5,865,000,000,000 for (B) Outlays, $253,001,000,000. (2) in paragraph (6), by— (18) Allowances (920): fiscal year 2000. (A) striking ‘‘increases the deficit’’ and insert- Fiscal year 2000: TITLE II—BUDGETARY RESTRAINTS AND ing ‘‘increases the on-budget deficit or causes (A) New budget authority, ¥$10,033,000,000. RULEMAKING an on-budget deficit’’; and (B) striking ‘‘increase the deficit’’ and insert- (B) Outlays, ¥$10,094,000,000. SEC. 201. RESERVE FUND FOR AGRICULTURE. Fiscal year 2001: ing ‘‘increase the on-budget deficit or cause an (a) ADJUSTMENT.—If legislation is reported by (A) New budget authority, $8,480,000,000. ¥ the Senate Committee on Agriculture, Nutrition on-budget deficit’’. (B) Outlays, ¥$12,874,000,000. SEC. 204. EMERGENCY DESIGNATION POINT OF Fiscal year 2002: and Forestry that provides risk management and income assistance for agriculture producers, ORDER. (A) New budget authority, ¥$6,437,000,000. (a) DESIGNATIONS.— the Chairman of the Senate Committee on the (B) Outlays, ¥$19,976,000,000. (1) GUIDANCE.—In making a designation of a Budget may increase the allocation of budget Fiscal year 2003: provision of legislation as an emergency require- (A) New budget authority, ¥$4,394,000,000. authority and outlays to that Committee by an ment under section 251(b)(2)(A) or 252(e) of the (B) Outlays, ¥$4,835,000,000. amount that does not exceed— Balanced Budget and Emergency Deficit Con- Fiscal year 2004: (1) $500,000,000 in budget authority and in trol Act of 1985, the committee report and any (A) New budget authority, ¥$4,481,000,000. outlays for fiscal year 2000; and (B) Outlays, ¥$5,002,000,000. (2) $6,000,000,000 in budget authority and statement of managers accompanying that legis- Fiscal year 2005: $5,165,000,000 in outlays for the period of fiscal lation shall analyze whether a proposed emer- (A) New budget authority, ¥$4,515,000,000. years 2000 through 2004; and gency requirement meets all the criteria in para- (B) Outlays, ¥$5,067,000,000. (3) $6,000,000,000 in budget authority and in graph (2). Fiscal year 2006: outlays for the period of fiscal years 2000 (2) CRITERIA.— (A) New budget authority, ¥$4,619,000,000. through 2009. (A) IN GENERAL.—The criteria to be considered (B) Outlays, ¥$5,192,000,000. in determining whether a proposed expenditure Fiscal year 2007: (b) LIMITATION.—The Chairman shall not make the adjustments authorized in this section or tax change is an emergency requirement are (A) New budget authority, ¥$5,210,000,000. whether it is— (B) Outlays, $5,780,000,000. if legislation described in subsection (a) would ¥ (i) necessary, essential, or vital (not merely Fiscal year 2008: cause an on-budget deficit when taken with all (A) New budget authority, ¥$5,279,000,000. other legislation enacted for— useful or beneficial); (B) Outlays, ¥$5,851,000,000. (1) fiscal year 2000; (ii) sudden, quickly coming into being, and Fiscal year 2009: (2) the period of fiscal years 2000 through not building up over time; (A) New budget authority, ¥$5,316,000,000. 2004; or (iii) an urgent, pressing, and compelling need (B) Outlays, ¥$5,889,000,000. (3) the period of fiscal years 2005 through requiring immediate action; (19) Undistributed Offsetting Receipts (950): 2009. (iv) subject to subparagraph (B), unforeseen, Fiscal year 2000: (c) BUDGETARY ENFORCEMENT.—Revised allo- unpredictable, and unanticipated; and (A) New budget authority, ¥$34,260,000,000. cations under subsection (a) shall be considered (v) not permanent, temporary in nature. NFORESEEN.—An emergency that is part (B) Outlays, ¥$34,260,000,000. for the purposes of the Congressional Budget (B) U Fiscal year 2001: of an aggregate level of anticipated emergencies, Act of 1974 as allocations contained in this reso- (A) New budget authority, ¥$36,876,000,000. particularly when normally estimated in ad- lution. (B) Outlays, ¥$36,876,000,000. vance, is not unforeseen. SEC. 202. TAX REDUCTION RESERVE FUND IN THE Fiscal year 2002: (3) JUSTIFICATION FOR FAILURE TO MEET CRI- SENATE. (A) New budget authority, ¥$43,626,000,000. TERIA.—If the proposed emergency requirement (a) IN GENERAL.—In the Senate, the Chairman (B) Outlays, ¥$43,626,000,000. does not meet all the criteria set forth in para- Fiscal year 2003: of the Committee on the Budget of the Senate graph (2), the committee report or the statement (A) New budget authority, ¥$37,464,000,000. may reduce the spending and revenue aggre- of managers, as the case may be, shall provide (B) Outlays, ¥$37,464,000,000. gates and may revise committee allocations for a written justification of why the requirement Fiscal year 2004: legislation that reduces revenues if such legisla- should be accorded emergency status. (A) New budget authority, ¥$37,559,000,000. tion will not increase the deficit for— (b) POINT OF ORDER.— (B) Outlays, ¥$37,559,000,000. (1) fiscal year 2000; (1) IN GENERAL.—When the Senate is consid- Fiscal year 2005: (2) the period of fiscal years 2000 through ering a bill, resolution, amendment, motion, or (A) New budget authority, ¥$38,497,000,000. 2004; or (B) Outlays, ¥$38,497,000,000. (3) the period of fiscal years 2000 through conference report, upon a point of order being Fiscal year 2006: 2009. made by a Senator against any provision in that (A) New budget authority, ¥$39,178,000,000. (b) BUDGETARY ENFORCEMENT.—Revised allo- measure designated as an emergency require- (B) Outlays, ¥$39,178,000,000. cations and aggregates under subsection (a) ment pursuant to section 251(b)(2)(A) or 252(e) Fiscal year 2007: of the Balanced Budget and Emergency Deficit (A) New budget authority, $40,426,000,000. shall be considered for the purposes of the Con- ¥ Control Act of 1985 and the Presiding Officer (B) Outlays, ¥$40,426,000,000. gressional Budget Act of 1974 as allocations and Fiscal year 2008: aggregates contained in this resolution. sustains that point of order, that provision (A) New budget authority, ¥$41,237,000,000. (c) LIMITATION.—This reserve fund will give along with the language making the designation (B) Outlays, ¥$41,237,000,000. priority to the following types of tax relief— shall be stricken from the measure and may not Fiscal year 2009: (1) tax relief to help working families afford be offered as an amendment from the floor. (A) New budget authority, ¥$42,084,000,000. child care, including assistance for families with (2) GENERAL POINT OF ORDER.—A point of (B) Outlays, ¥$42,084,000,000. a parent staying out of the workforce in order order under this subsection may be raised by a SEC. 104. RECONCILIATION OF REVENUE REDUC- to care for young children; Senator as provided in section 313(e) of the Con- TIONS IN THE SENATE. (2) tax relief to help individuals and their gressional Budget Act of 1974. Not later than June 18, 1999, the Senate Com- families afford the expense of long-term health (3) CONFERENCE REPORTS.—If a point of order mittee on Finance shall report to the Senate a care; is sustained under this subsection against a con- reconciliation bill proposing changes in laws (3) tax relief to ease the tax code’s marriage ference report the report shall be disposed of as within its jurisdiction necessary— penalties on working families; provided in section 313(d) of the Congressional (1) to reduce revenues by not more than $0 in (4) any other individual tax relief targeted ex- Budget Act of 1974. fiscal year 2000, $138,485,000,000 for the period of clusively for families in the bottom 90 percent of SEC. 205. AUTHORITY TO PROVIDE COMMITTEE fiscal years 2000 through 2004, and the family income distribution; ALLOCATIONS. $765,985,000,000 for the period of fiscal years (5) the extension of the Research and Experi- In the event there is no joint explanatory 2000 through 2009; and mentation tax credit, the Work Opportunity tax statement accompanying a conference report on April 26, 1999 CONGRESSIONAL RECORD — SENATE S4173 the concurrent resolution on the budget for fis- (3) the period of fiscal years 2005 through dividuals with disabilities to become employed cal year 2000, and in conformance with section 2009. and remain independent: Provided, That, to the 302(a) of the Congressional Budget Act of 1974, (b) REVISED ALLOCATIONS.— extent that this concurrent resolution on the the Chairman of the Committee on the Budget of (1) ADJUSTMENTS FOR LEGISLATION.—Upon the budget does not include the costs of that legisla- the House of Representatives and of the Senate consideration of legislation pursuant to sub- tion, the enactment of that legislation will not shall submit for printing in the Congressional section (a), the Chairman of the Committee on increase (by virtue of either contemporaneous or Record allocations consistent with the concur- the Budget of the Senate may file with the Sen- previously-passed deficit reduction) the deficit rent resolution on the budget for fiscal year ate appropriately revised allocations under sec- in this resolution for— 2000, as passed by the House of Representatives tion 302(a) of the Congressional Budget Act of (1) fiscal year 2000; and of the Senate. 1974 and revised functional level and spending (2) the period of fiscal years 2000 through SEC. 206. DEFICIT-NEUTRAL RESERVE FUND FOR aggregates to carry out this section. These re- 2004; or USE OF OCS RECEIPTS. vised allocations, functional levels, and spend- (3) the period of fiscal years 2005 through (a) IN GENERAL.—In the Senate, spending ag- ing aggregates shall be considered for the pur- 2009. gregates and other appropriate budgetary levels poses of the Congressional Budget Act of 1974 as (b) REVISED ALLOCATIONS.— and limits may be adjusted and allocations may allocations, functional levels, and aggregates (1) ADJUSTMENTS FOR LEGISLATION.—Upon the be revised for legislation that would use pro- contained in this resolution. consideration of legislation pursuant to sub- section (a), the Chairman of the Committee on ceeds from Outer Continental Shelf leasing and (2) ADJUSTMENTS FOR AMENDMENTS.—If the production to fund historic preservation, recre- Chairman of the Committee on the Budget of the the Budget of the Senate may file with the Sen- ation and land, water, fish, and wildlife con- Senate submits an adjustment under this section ate appropriately-revised allocations under sec- servation efforts and to support coastal needs for legislation in furtherance of the purpose de- tion 302(a) of the Congressional Budget Act of and activities, provided that, to the extent that scribed in subsection (a), upon the offering of 1974 and revised functional levels and aggre- this concurrent resolution on the budget does an amendment to that legislation that would ne- gates to carry out this section. These revised al- not include the costs of that legislation, the en- cessitate such submission, the Chairman shall locations, functional levels, and aggregates actment of that legislation will not increase (by submit to the Senate appropriately revised allo- shall be considered for the purposes of the Con- virtue of either contemporaneous or previously cations under section 302(a) of the Congres- gressional Budget Act of 1974 as allocations, passed deficit reduction) the deficit in this reso- sional Budget Act of 1974 and revised functional functional levels, and aggregates contained in lution for— levels and spending aggregates to carry out this this resolution. (2) ADJUSTMENTS FOR AMENDMENTS.—If the (1) fiscal year 2000; section. These revised allocations, functional chairman of the Committee on the Budget of the (2) the period of fiscal years 2000 through levels, and aggregates shall be considered for Senate submits an adjustment under this section 2004; or the purposes of the Congressional Budget Act of for legislation in furtherance of the purpose de- (3) the period of fiscal years 2005 through 1974 as allocations, functional levels, and aggre- scribed in subsection (a), upon the offering of 2009. gates contained in this resolution. an amendment to that legislation that would ne- (b) REVISED ALLOCATIONS.— (d) REPORTING REVISED ALLOCATIONS.—The cessitate such submission, the Chairman shall (1) ADJUSTMENTS FOR LEGISLATION.—Upon the appropriate committees shall report appro- submit to the Senate appropriately-revised allo- consideration of legislation pursuant to sub- priately revised allocations pursuant to section cations under section 302(a) of the Congres- section (a), the Chairman of the Committee on 302(b) of the Congressional Budget Act of 1974 to sional Budget Act of 1974 and revised functional the Budget of the Senate may file with the Sen- carry out this section. ate appropriately revised allocations under sec- levels and aggregates to carry out this section. SEC. 208. RESERVE FUND FOR MEDICARE AND These revised allocations, functional levels, and tion 302(a) of the Congressional Budget Act of PRESCRIPTION DRUGS. 1974 and revised functional levels and aggre- aggregates shall be considered for the purposes (a) ADJUSTMENT.—If legislation is reported by gates to carry out this section. These revised al- of the Congressional Budget Act of 1974 as allo- the Senate Committee on Finance that signifi- cations, functional levels, and aggregates con- locations, functional levels, and aggregates cantly extends the solvency of the Medicare shall be considered for the purposes of the Con- tained in this resolution. Hospital Insurance Trust Fund without the use (c) REPORTING REVISED ALLOCATIONS.—The gressional Budget Act of 1974 as allocations, of transfers of new subsidies from the general functional levels, and aggregates contained in appropriate committees shall report appro- fund, the Chairman of the Committee on the priately-revised allocations pursuant to section this resolution. Budget may change committee allocations and (2) ADJUSTMENTS FOR AMENDMENTS.—If the 302(b) of the Congressional Budget Act of 1974 to spending aggregates if such legislation will not Chairman of the Committee on the Budget of the carry out this section. cause an on-budget deficit for— Senate submits an adjustment under this section TITLE III—SENSE OF THE CONGRESS AND (1) fiscal year 2000; for legislation in furtherance of the purpose de- THE SENATE (2) the period of fiscal years 2000 through scribed in subsection (a), upon the offering of 2004; or SEC. 301. SENSE OF THE SENATE ON MARRIAGE an amendment to that legislation that would ne- (3) the period of fiscal years 2005 through PENALTY. cessitate such submission, the Chairman shall 2009. (a) FINDINGS.—Congress finds that— submit to the Senate appropriately revised allo- (1) differences in income tax liabilities caused (b) PRESCRIPTION DRUG BENEFIT.—The ad- cations under section 302(a) of the Congres- by marital status are embodied in a number of justments made pursuant to subsection (a) may sional Budget Act of 1974 and revised functional tax code provisions including separate rate be made to address the cost of the prescription levels and aggregates to carry out this section. schedules and standard deductions for married drug benefit. These revised allocations, functional levels, and couples and single individuals; (c) BUDGETARY ENFORCEMENT.—The revision aggregates shall be considered for the purposes (2) according to the Congressional Budget Of- of allocations and aggregates made under this of the Congressional Budget Act of 1974 as allo- fice (CBO), 42 percent of married couples in- section shall be considered for the purposes of cations, functional levels, and aggregates con- curred ‘‘marriage penalties’’ under the tax code the Congressional Budget Act of 1974 as alloca- tained in this resolution. in 1996, averaging nearly $1,400; tions and aggregates contained in this resolu- (c) REPORTING REVISED ALLOCATIONS.—The (3) measured as a percent of income, marriage tion. appropriate committees shall report appro- penalties are largest for low-income families, as priately revised allocations pursuant to section SEC. 209. EXERCISE OF RULEMAKING POWERS. couples with incomes below $20,000 who in- 302(b) of the Congressional Budget Act of 1974 to Congress adopts the provisions of this title— curred a marriage penalty in 1996 were forced to carry out this section. (1) as an exercise of the rulemaking power of pay nearly 8 percent more of their income in SEC. 207. DEFICIT-NEUTRAL RESERVE FUND FOR the Senate and the House of Representatives, re- taxes than if they had been able to file indi- MANAGED CARE PLANS THAT AGREE spectively, and as such they shall be considered vidual returns; TO PROVIDE ADDITIONAL SERVICES as part of the rules of each House, or of that (4) empirical evidence indicates that the mar- TO THE ELDERLY. House to which they specifically apply, and riage penalty may affect work patterns, particu- (a) IN GENERAL.—In the Senate, spending ag- such rules shall supersede other rules only to larly for a couple’s second earner, because high- gregates and other appropriate budgetary levels the extent that they are inconsistent therewith; er rates reduce after-tax wages and may cause and limits may be adjusted and allocations may and second earners to work fewer hours or not at be revised for legislation to provide: additional (2) with full recognition of the constitutional all, which, in turn, reduces economic efficiency; funds for medicare managed care plans agreeing right of either House to change those rules (so and to serve elderly patients for at least 2 years and far as they relate to that House) at any time, in (5) the tax code should not improperly influ- whose reimbursement was reduced because of the same manner, and to the same extent as in ence the choice of couples with regard to marital the risk adjustment regulations, provided that to the case of any other rule of that House. status by having the combined Federal income the extent that this concurrent resolution on the SEC. 210. DEFICIT-NEUTRAL RESERVE FUND TO tax liability of a couple be higher if they are budget does not include the costs of that legisla- FOSTER THE EMPLOYMENT AND married than if they are single. tion, the enactment of that legislation will not INDEPENDENCE OF INDIVIDUALS (b) SENSE OF THE SENATE.—It is the sense of increase (by virtue of either contemporaneous or WITH DISABILITIES. the Senate that the levels in this resolution and previously passed deficit reduction) the deficit (a) IN GENERAL.—In the Senate, revenue and legislation enacted pursuant to this resolution in this resolution for— spending aggregates and other appropriate assume that significantly reducing or elimi- (1) fiscal year 2000; budgetary levels and limits may be adjusted and nating the marriage penalty should be a compo- (2) the period of fiscal years 2000 through allocations may be revised for legislation that fi- nent of any tax cut package reported by the Fi- 2004; or nances disability programs designed to allow in- nance Committee and passed by Congress during S4174 CONGRESSIONAL RECORD — SENATE April 26, 1999 the fiscal year 2000 budget reconciliation proc- ductions in taxes should be structured to benefit (3) continued biomedical research funding ess. working families by providing family tax relief must be ensured so that medical doctors and sci- SEC. 302. SENSE OF THE SENATE ON IMPROVING and incentives to stimulate savings, investment, entists have the security to commit to con- SECURITY FOR UNITED STATES DIP- job creation, and economic growth. ducting long-term research studies; LOMATIC MISSIONS. SEC. 306. SENSE OF THE SENATE ON THE NA- (4) funding for the National Institutes of It is the sense of the Senate that the levels in TIONAL GUARD. Health should continue to increase in order to this resolution assume that there is an urgent (a) FINDINGS.—The Senate finds that— prevent the cessation of biomedical research and ongoing requirement to improve security for (1) the Army National Guard relies heavily studies and the loss of medical doctors and re- United States diplomatic missions and personnel upon thousands of full-time employees, Military search scientists to private research organiza- abroad, which should be met without compro- Technicians and Active Guard/Reserves, to en- tions; and mising existing budgets for International Affairs sure unit readiness throughout the Army Na- (5) the National Institutes of Health conducts (function 150). tional Guard; research protocols without proprietary interests, SEC. 303. SENSE OF THE SENATE ON ACCESS TO (2) these employees perform vital day-to-day thereby ensuring that the best health care is re- MEDICARE HOME HEALTH SERVICES. functions, ranging from equipment maintenance searched and made available to the Nation. (a) FINDINGS.—The Senate finds that— to leadership and staff roles, that allow the drill (b) SENSE OF THE SENATE.—It is the sense of (1) medicare home health services provide a vi- weekends and annual active duty training of the Senate that the levels in this resolution and tally important option enabling homebound in- the traditional Guardsmen to be dedicated to legislation enacted pursuant to this resolution dividuals to stay in their own homes and com- preparation for the National Guard’s assume that there shall be a continuation of the munities rather than go into institutionalized warfighting and peacetime missions; pattern of budgetary increases for biomedical re- care; and (3) when the ability to provide sufficient Ac- search. (2) implementation of the Interim Payment tive Guard/Reserves and Technicians end SEC. 309. SENSE OF CONGRESS ON FUNDING FOR System and other changes to the medicare home strength is reduced, unit readiness, as well as KYOTO PROTOCOL IMPLEMENTA- health benefit have exacerbated inequalities in quality of life for soldiers and families is de- TION PRIOR TO SENATE RATIFICA- payments for home health services between re- graded; TION. gions, limiting access to these services in many (4) the Army National Guard, with agreement (a) FINDINGS.—Congress finds the following: areas and penalizing efficient, low-cost pro- from the Department of Defense, requires a min- (1) The agreement signed by the Administra- viders. imum essential requirement of 23,500 Active tion on November 12, 1998, regarding legally (b) SENSE OF THE SENATE.—It is the sense of Guard/Reserves and 25,500 Technicians; and binding commitments on greenhouse gas reduc- the Senate the levels in this resolution assume (5) the fiscal year 2000 budget request for the tions is inconsistent with the provisions of S. that the Senate should act to ensure fair and Army National Guard provides resources suffi- Res. 98, the Byrd-Hagel Resolution, which equitable access to high quality home health cient for approximately 21,807 Active Guard/Re- passed the Senate unanimously. services. serves and 22,500 Technicians, end strength (2) The Administration has agreed to allowing shortfalls of 3,000 and 1,693, respectively. at least 2 additional years for negotiations on SEC. 304. SENSE OF THE SENATE REGARDING THE (b) SENSE OF THE SENATE.—It is the sense of DEDUCTIBILITY OF HEALTH INSUR- the Buenos Aires Action Plan to determine the ANCE PREMIUMS OF THE SELF-EM- the Senate that the functional totals in the provisions of several vital aspects of the Treaty PLOYED. budget resolution assume that the Department for the United States, including emissions trad- (a) FINDINGS.—The Senate finds that— of Defense will give priority to providing ade- ing schemes, carbon sinks, a clean development (1) under current law, the self-employed do quate resources to sufficiently fund the Active mechanism, and developing Nation participa- not enjoy parity with their corporate competi- Guard/Reserves and Military Technicians at tion. tors with respect to the tax deductibility of their minimum required levels. (3) The Administration has not submitted the health insurance premiums; SEC. 307. SENSE OF THE SENATE ON EFFECTS OF Kyoto Protocol to the Senate for ratification (2) this April, the self-employed will only be SOCIAL SECURITY REFORM ON and has indicated it has no intention to do so in able to deduct only 45 percent of their health in- WOMEN. the foreseeable future. surance premiums for the tax year 1998; (a) FINDINGS.—The Senate finds that— (4) The Administration has pledged to Con- (3) the following April, the self-employed will (1) the Social Security benefit structure is of gress that it would not implement any portion of be able to take a 60-percent deduction for their particular importance to low-earning wives and the Kyoto Protocol prior to its ratification in the health insurance premiums for the tax year widows, with 63 percent of women beneficiaries Senate. 1999; aged 62 or older receiving wife’s or widow’s ben- (5) Congress agrees that Federal expenditures (4) it will not be until 2004 that the self-em- efits; are required and appropriate for activities ployed will be able to take a full 100-percent de- (2) three-quarters of unmarried and widowed which both improve the environment and reduce duction for their health insurance premiums for elderly women rely on Social Security for more carbon dioxide emissions. Those activities in- the tax year 2003; than half of their income; clude programs to promote energy efficient tech- (5) the self-employed’s health insurance pre- (3) without Social Security benefits, the elder- nologies, encourage technology development miums are generally over 30 percent higher than ly poverty rate among women would have been that reduces or sequesters greenhouse gases, en- the health insurance premiums of group health 52.2 percent, and among widows would have courage the development and use of alternative plans; been 60.6 percent; and renewable fuel technologies, and other pro- (4) women tend to live longer and tend to have (6) the increased cost coupled with the less fa- grams justifiable independent of the goals of the lower lifetime earnings than men do; vorable tax treatment makes health insurance Kyoto Protocol. (5) women spend an average of 11.5 years out less affordable for the self-employed; (b) SENSE OF CONGRESS.—It is the sense of of their careers to care for their families, and (7) these disadvantages are reflected in the Congress that the levels in this resolution as- are more likely to work part-time than full-time; higher rate of uninsured among the self-em- sume that funds should not be provided to put and ployed which stands at 24.1 percent compared (6) during these years in the workforce, into effect the Kyoto Protocol prior to its Senate with 18.2 percent for all wage and salaried women earn an average of 70 cents for every ratification in compliance with the requirements workers, for self-employed living at or below the dollar men earn. of the Byrd-Hagel Resolution and consistent poverty level the rate of uninsured is 53.1 per- (b) SENSE OF THE SENATE.—It is the sense of with previous Administration assurances to cent, for self-employed living at 100 through 199 the Senate that the levels in this resolution as- Congress. percent of poverty the rate of uninsured is 47 sume that— SEC. 310. SENSE OF THE SENATE ON FEDERAL RE- percent, and for self-employed living at 200 per- (1) women face unique obstacles in ensuring SEARCH AND DEVELOPMENT IN- cent of poverty and above the rate of uninsured retirement security and survivor and disability VESTMENT. is 17.8 percent; stability; (a) FINDINGS.—The Senate finds the following: (8) for some self-employed, such as farmers (2) Social Security plays an essential role in (1) A dozen internationally, prestigious eco- who face significant occupational safety haz- guaranteeing inflation-protected financial sta- nomic studies have shown that technological ards, this lack of health insurance affordability bility for women throughout their entire old age; progress has historically been the single most has even greater ramifications; and and important factor in economic growth, having (9) this lack of full deductibility is also ad- (3) the Congress and the President should more than twice the impact of labor or capital. versely affecting the growing number of women take these factors into account when consid- (2) The link between economic growth and who own small businesses. ering proposals to reform the Social Security technology is evident: our dominant high tech- (b) SENSE OF THE SENATE.—It is the sense of system. nology industries are currently responsible for the Senate that the levels in this resolution as- SEC. 308. SENSE OF THE SENATE ON INCREASED 80 percent of the value of today’s stock market, 1 sume that tax relief legislation should include FUNDING FOR THE NATIONAL INSTI- ⁄3 of our economic output, and half of our eco- parity between the self-employed and corpora- TUTES OF HEALTH. nomic growth. Furthermore, the link between tions with respect to the tax treatment of health (a) FINDINGS.—The Senate finds that— Federal funding of research and development insurance premiums. (1) the National Institutes of Health is the Na- (R&D) and market products is conclusive: 70 SEC. 305. SENSE OF THE SENATE THAT TAX RE- tion’s foremost research center; percent of all patent applications cite nonprofit DUCTIONS SHOULD GO TO WORKING (2) the Nation’s commitment to and investment or federally-funded research as a core compo- FAMILIES. in biomedical research has resulted in better nent to the innovation being patented. It is the sense of the Senate that this concur- health and an improved quality of life for all (3) The revolutionary high technology appli- rent resolution on the budget assumes any re- Americans; cations of today were spawned from scientific April 26, 1999 CONGRESSIONAL RECORD — SENATE S4175 advances that occurred in the 1960’s, when the 1999, because of rising student populations, (5) access to a college education has become a Government intensively funded R&D. In the 3 these institutions faced an actual per-student hallmark of American society, and is vital to up- decades since then, our investment in R&D as a decrease in funding over fiscal year 1998; and holding our belief in equality of opportunity; fraction of Gross Domestic Product (GDP) has (4) per student funding for tribal colleges is (6) for a generation, the Federal Pell Grant dropped to half its former value. As a fraction only about 63 percent of the amount given to has served as an established and effective means of the Federal budget, the investment in civilian mainstream community colleges ($2,964 per stu- of providing access to higher education for stu- R&D has dropped to only 1⁄3 its value in 1965. dent at tribal colleges versus $4,743 per student dents with financial need; (4) Compared to other foreign nation’s invest- at mainstream community colleges). (7) over the past decade, Pell Grant awards ment in science and technology, American com- (b) SENSE OF THE SENATE.—It is the sense of have failed to keep pace with inflation, eroding petitiveness is slipping: an Organization for the Senate that— their value and threatening access to higher Economic Co-operation and Development report (1) this resolution recognizes the funding dif- education for the Nation’s neediest students; notes that 14 countries now invest more in basic ficulties faced by tribal colleges and assumes (8) grant aid as a portion of all students fi- and fundamental research as a fraction of GDP that priority consideration will be provided to nancial aid has fallen significantly over the than the United States. them through funding for the Tribally Con- past 5 years; (b) SENSE OF THE SENATE.—It is the sense of trolled College and University Act, the 1994 (9) the Nation’s neediest students are now bor- the Senate that the levels in this resolution as- Land Grant Institutions, and title III of the rowing approximately as much as its wealthiest sume that the Federal investment in R&D Higher Education Act; and students to finance higher education; and should be preserved and increased in order to (2) the levels in this resolution assume that (10) the percentage of freshmen attending ensure long-term United States economic such priority consideration reflects Congress’ in- public and private 4-year institutions from fami- strength. Funding for Federal agencies per- tent to continue work toward current statutory lies below national median income has fallen forming basic scientific, medical, and Federal funding goals for the tribal colleges. since 1981. precompetitive engineering research pursuant to SEC. 313. SENSE OF THE SENATE ON THE SOCIAL (b) SENSE OF THE SENATE.—It is the sense of the Balanced Budget Agreement Act of 1997 SECURITY SURPLUS. the Senate that within the discretionary alloca- should be a priority for the Senate Budget and (a) FINDINGS.—The Congress finds that— tion provided to the Committee on Appropria- (1) according to the Congressional Budget Of- Appropriations Committees this year, within the tions of the Senate for function 500— fice (CBO) January 1999 ‘‘Economic and Budget Budget as established by this Committee, in (1) the maximum amount of Federal Pell Outlook,’’ the Social Security Trust Fund is order to achieve a goal of doubling the Federal Grants should be increased by $400; projected to incur annual surpluses of investment in R&D over an 11 year period. (2) funding for the Federal Supplemental Edu- $126,000,000,000 in fiscal year 1999, cational Opportunity Grants Program should be SEC. 311. SENSE OF THE SENATE ON COUNTER- $137,000,000,000 in fiscal year 2000, NARCOTICS FUNDING. increased by $65,000,000; $144,000,000,000 in fiscal year 2001, (a) FINDINGS.—The Senate finds that— (3) funding for the Federal capital contribu- $153,000,000,000 in fiscal year 2002, (1) the drug crisis facing the United States is tions under the Federal Perkins Loan Program $161,000,000,000 in fiscal year 2003, and a top national security threat; should be increased by $35,000,000; (2) the spread of illicit drugs through United $171,000,000,000 in fiscal year 2004; (4) funding for the Leveraging Educational (2) the fiscal year 2000 budget resolution craft- States borders cannot be halted without an ef- Assistance Partnership Program should be in- ed by Chairman Domenici assumes that Trust fective drug interdiction strategy; creased by $50,000,000; (3) effective drug interdiction efforts have Fund surpluses will be used to reduce publicly- (5) funding for the Federal Work-Study Pro- been shown to limit the availability of illicit held debt and for no other purposes, and calls gram should be increased by $64,000,000; narcotics, drive up the street price, support de- for the enactment of statutory legislation that (6) funding for the Federal TRIO Programs mand reduction efforts, and decrease overall would enforce this assumption; should be increased by $100,000,000. (3) the President’s fiscal year 2000 budget pro- drug trafficking and use; and SEC. 315. FINDINGS; SENSE OF CONGRESS ON posal not only fails to call for legislation that (4) the percentage change in drug use since THE PROTECTION OF THE SOCIAL will ensure annual Social Security surpluses are 1992, among graduating high school students SECURITY SURPLUSES. used strictly to reduce publicly-held debt, but who used drugs in the past 12 months, has sub- (a) The Congress finds that— actually spends a portion of these surpluses on stantially increased—marijuana use is up 80 (1) Congress and the President should balance non-Social Security programs; percent, cocaine use is up 80 percent, and heroin the budget excluding the surpluses generated by (4) using CBO’s re-estimate of his budget pro- the Social Security Trust Funds; use is up 100 percent. posal, the President would spend approximately (b) SENSE OF THE SENATE.—It is the sense of (2) reducing the Federal debt held by the pub- $40,000,000,000 of the Social Security surplus in the Senate that the assumptions underlying the lic is a top national priority, strongly supported fiscal year 2000 on non-Social Security pro- functional totals included in this resolution as- on a bipartisan basis, as evidenced by Federal grams; $41,000,000,000 in fiscal year 2001; sume the following: Reserve Chairman Alan Greenspan’s comment $24,000,000,000 in fiscal year 2002; $34,000,000,000 (1) All counter-narcotics agencies will be given that debt reduction ‘‘is a very important element in fiscal year 2003; and $20,000,000,000 in fiscal a high priority for fully funding their counter- in sustaining economic growth’’, as well as year 2004; and narcotics mission. President Clinton’s comments that it ‘‘is very, (5) spending any portion of an annual Social (2) Front line drug fighting agencies are dedi- very important that we get the Government debt Security surplus on non-Social Security pro- cating more resources for intentional efforts to down’’ when referencing his own plans to use grams is wholly-inconsistent with efforts to pre- continue restoring a balanced drug control the budget surplus to reduce Federal debt held serve and protect Social Security for future gen- strategy. Congress should carefully examine the by the public; erations. reauthorization of the United States Customs (3) according to the Congressional Budget Of- (b) SENSE OF THE SENATE.—It is the sense of fice, balancing the budget excluding the sur- service and ensure they have adequate resources the Senate that the levels in this resolution and pluses generated by the Social Security Trust and authority not only to facilitate the move- legislation enacted pursuant to this resolution Funds will reduce debt held by the public by a ment of internationally traded goods but to en- assume that Congress shall reject any budget total of $1,723,000,000,000 by the end of fiscal sure they can aggressively pursue their law en- that would spend any portion of the Social Se- year 2009, $417,000,000,000, or 32 percent, more forcement activities. curity surpluses generated in any fiscal year for (3) By pursuing a balanced effort which re- than it would be reduced under the President’s any Federal program other than Social Security. quires investment in 3 key areas: demand reduc- fiscal year 2000 budget submission; tion (such as education and treatment); domes- SEC. 314. SENSE OF THE SENATE ON NEED-BASED (4) further, according to the Congressional STUDENT FINANCIAL AID PRO- tic law enforcement; and international supply GRAMS. Budget Office, that the President’s budget reduction, Congress believes we can reduce the (a) FINDINGS.—The Senate finds that— would actually spend $40,000,000,000 of the So- number of children who are exposed to and ad- (1) public investment in higher education cial Security surpluses in fiscal year 2000 on dicted to illegal drugs. yields a return of several dollars for each dollar new spending programs, and spend SEC. 312. SENSE OF THE SENATE REGARDING invested; $158,000,000,000 of the Social Security surpluses TRIBAL COLLEGES. (2) higher education promotes economic oppor- on new spending programs from fiscal year 2000 (a) FINDINGS.—The Senate finds that— tunity for individuals, as recipients of bach- through 2004; and (1) more than 26,500 students from 250 tribes elor’s degrees earn an average of 75 percent per (5) Social Security surpluses should be used nationwide attend tribal colleges. The colleges year more than those with high school diplomas for Social Security reform or to reduce the debt serve students of all ages, many of whom are and experience half as much unemployment as held by the public and should not be used for moving from welfare to work. The vast majority high school graduates; other purposes. of tribal college students are first-generation (3) higher education promotes social oppor- (b) It is the sense of Congress that the func- college students; tunity, as increased education is correlated with tional totals in this concurrent resolution on the (2) while annual appropriations for tribal col- reduced criminal activity, lessened reliance on budget assume that Congress shall pass legisla- leges have increased modestly in recent years, public assistance, and increased civic participa- tion which— core operation funding levels are still about 1⁄2 tion; (1) reaffirms the provisions of section 13301 of of the $6,000 per Indian student level authorized (4) a more educated workforce will be essential the Omnibus Budget Reconciliation Act of 1990 by the Tribally Controlled College or University for continued economic competitiveness in an that provides that the receipts and disburse- Act; age where the amount of information available ments of the Social Security Trust Funds shall (3) although tribal colleges received a to society will double in a matter of days rather not be counted for the purposes of the budget $1,400,000 increase in funding in fiscal year than months or years; submitted by the President, the congressional S4176 CONGRESSIONAL RECORD — SENATE April 26, 1999 budget, or the Balanced Budget and Emergency sume that none of these offsets will come from health care delivery and financing system has Deficit Control Act of 1985, and provides for a defense or veterans, and to the extent possible undergone major transformations. However, the point of order within the Senate against any should come from administrative functions. medicare program has not kept pace with such concurrent resolution on the budget, an amend- SEC. 319. SENSE OF THE SENATE ON TEA-21 transformations. ment thereto, or a conference report thereon FUNDING AND THE STATES. (4) Former Congressional Budget Office Direc- that violates that section; (a) FINDINGS.—The Senate finds that— tor Robert Reischauer has described the medi- (2) mandates that the Social Security sur- (1) on May 22, 1998, the Senate overwhelm- care program as it exists today as failing on the pluses are used only for the payment of Social ingly approved the conference committee report following 4 key dimensions (known as the ‘‘Four Security benefits, Social Security reform or to on H.R. 2400, the Transportation Equity Act for I’s’’): reduce the Federal debt held by the public, and the 21st Century, in a 88–5 roll call vote; (A) The program is inefficient. not spent on non-Social Security programs or (2) also on May 22, 1998, the House of Rep- (B) The program is inequitable. used to offset tax cuts; resentatives approved the conference committee (C) The program is inadequate. (3) provides for a Senate super-majority point report on this bill in a 297–86 recorded vote; (D) The program is insolvent. of order against any bill, resolution, amend- (3) on June 9, 1998, President Clinton signed (5) The President’s budget framework does not ment, motion or conference report that would this bill into law, thereby making it Public Law devote 15 percent of the budget surpluses to the use Social Security surpluses on anything other 105–178; medicare program. The Federal budget process than the payment of Social Security benefits, (4) the TEA–21 legislation was a comprehen- does not provide a mechanism for setting aside Social Security reform or the reduction of the sive reauthorization of Federal highway and current surpluses for future obligations. As a re- Federal debt held by the public; mass transit programs, which authorized ap- sult, the notion of saving 15 percent of the sur- (4) ensures that all Social Security benefits proximately $216,000,000,000 in Federal transpor- plus for the medicare program cannot prac- are paid on time; and tation spending over the next 6 fiscal years; tically be carried out. (5) accommodates Social Security reform legis- (5) section 1105 of this legislation called for (6) The President’s budget framework would lation. any excess Federal gasoline tax revenues to be transfer to the Federal Hospital Insurance Trust SEC. 316. SENSE OF THE SENATE ON PROVIDING provided to the States under the formulas estab- Fund more than $900,000,000,000 over 15 years in ADEQUATE FUNDING FOR UNITED lished by the final version of TEA–21; and new IOUs that must be redeemed later by rais- STATES INTERNATIONAL LEADER- (6) the President’s fiscal year 2000 budget re- ing taxes on American workers, cutting benefits, SHIP. quest contained a proposal to distribute ap- or borrowing more from the public, and these (a) FINDINGS.—The Senate finds that— proximately $1,000,000,000 in excess Federal gas- new IOUs would increase the gross debt of the (1) United States international leadership is oline tax revenues that was not consistent with Federal Government by the amounts trans- essential to maintaining security and peace for the provisions of section 1105 of TEA–21 and ferred. all Americans; would deprive States of needed revenues. (7) The Congressional Budget Office has stat- (2) such leadership depends on effective diplo- (b) SENSE OF THE SENATE.—It is the sense of ed that the transfers described in paragraph (6), macy as well as a strong military; the Senate that the levels in this resolution and which are strictly intragovernmental, have no (3) effective diplomacy requires adequate re- any legislation enacted pursuant to this resolu- effect on the unified budget surpluses or the on- sources both for embassy security and for inter- tion assume that the President’s fiscal year 2000 budget surpluses and therefore have no effect on national programs; budget proposal to change the manner in which the debt held by the public. (4) in addition to building peace, prosperity any excess Federal gasoline tax revenues are and democracy around the world, programs in (8) The President’s budget framework does not distributed to the States will not be imple- provide access to, or financing for, prescription the International Affairs (150) account serve mented, but rather any of these funds will be United States interests by ensuring better jobs drugs. distributed to the States pursuant to section 1105 (9) The Comptroller General of the United and a higher standard of living, promoting the of TEA–21. States has stated that the President’s medicare health of our citizens and preserving our nat- SEC. 320. SENSE OF THE SENATE THAT AGRICUL- proposal does not constitute reform of the pro- ural environment, and protecting the rights and TURAL RISK MANAGEMENT PRO- gram and ‘‘is likely to create a public safety of those who travel or do business over- GRAMS SHOULD BENEFIT LIVE- misperception that something meaningful is seas; STOCK PRODUCERS. being done to reform the medicare program’’. (5) real spending for International Affairs has (a) FINDINGS.—The Senate finds that— (10) The Balanced Budget Act of 1997 enacted declined more than 50 percent since the mid- (1) extremes in weather-related and natural changes to the medicare program which 1980s, at the same time that major new chal- conditions have a profound impact on the eco- strengthen and extend the solvency of that pro- lenges and opportunities have arisen from the nomic viability of producers; disintegration of the Soviet Union and the (2) these extremes, such as drought, excessive gram. (11) The Congressional Budget Office has stat- worldwide trends toward democracy and free rain and snow, flood, wind, insect infestation ed that without the changes made to the medi- markets; are certainly beyond the control of livestock (6) current ceilings on discretionary spending producers; care program by the Balanced Budget Act of will impose severe additional cuts in funding for (3) these extremes do not impact livestock pro- 1997, the depletion of the Federal Hospital In- International Affairs; and ducers within a State, region or the Nation in surance Trust Fund would now be imminent. (7) improved security for United States diplo- the same manner or during the same time frame (12) The President’s budget proposes to cut matic missions and personnel will place further or for the same duration of time; medicare program spending by $19,400,000,000 strain on the International Affairs budget ab- (4) the livestock producers have few effective over 10 years, primarily through reductions in sent significant additional resources. risk management tools at their disposal to ade- payments to providers under that program. (b) SENSE OF THE SENATE.—It is the sense of quately manage the short and long term impacts (13) The recommendations by Senator John the Senate that the levels in this resolution as- of weather-related or natural disaster situa- Breaux and Representative William Thomas re- sume that additional budgetary resources tions; and ceived the bipartisan support of a majority of should be identified for function 150 to enable (5) ad hoc natural disaster assistance pro- members on the National Bipartisan Commission successful United States international leader- grams, while providing some relief, are not suffi- on the Future of Medicare. ship. cient to meet livestock producers’ needs for ra- (14) The Breaux-Thomas recommendations provide for new prescription drug coverage for SEC. 317. SENSE OF THE SENATE THAT THE FED- tional risk management planning. ERAL GOVERNMENT SHOULD NOT (b) SENSE OF SENATE.—It is the sense of the the neediest beneficiaries within a plan that INVEST THE SOCIAL SECURITY Senate that any consideration of reform of Fed- substantially improves the solvency of the medi- TRUST FUNDS IN PRIVATE FINAN- eral crop insurance and risk management pro- care program without transferring new IOUs to CIAL MARKETS. grams should include the needs of livestock pro- the Federal Hospital Insurance Trust Fund that It is the sense of the Senate that the assump- ducers. must be redeemed later by raising taxes, cutting tions underlying the functional totals in this SEC. 321. SENSE OF THE SENATE REGARDING THE benefits, or borrowing more from the public. resolution assume that the Federal Government MODERNIZATION AND IMPROVE- (b) SENSE OF THE SENATE.—It is the sense of should not directly invest contributions made to MENT OF THE MEDICARE PROGRAM. the Senate that the provisions contained in this the Federal Old-Age and Survivors Insurance (a) FINDINGS.—The Senate finds the following: budget resolution assume the following: Trust Fund and the Federal Disability Insur- (1) The health insurance coverage provided (1) This resolution does not adopt the Presi- ance Trust Fund established under section 201 under the medicare program under title XVIII of dent’s proposals to reduce medicare program of the Social Security Act (42 U.S.C. 401) in pri- the Social Security Act (42 U.S.C. 1395 et seq.) is spending by $19,400,000,000 over 10 years, nor vate financial markets. an integral part of the financial security for re- does this resolution adopt the President’s pro- SEC. 318. SENSE OF THE SENATE CONCERNING tired and disabled individuals, as such coverage posal to spend $10,000,000,000 of medicare pro- ON-BUDGET SURPLUS. protects those individuals against the finan- gram funds on unrelated programs. (a) It is the sense of the Senate that the provi- cially ruinous costs of a major illness. (2) Congress will not transfer to the Federal sions in this resolution assume that if the Con- (2) Expenditures under the medicare program Hospital Insurance Trust Fund new IOUs that gressional Budget Office determines there is an for hospital, physician, and other essential must be redeemed later by raising taxes on on-budget surplus for fiscal year 2000, health care services that are provided to nearly American workers, cutting benefits, or bor- $2,000,000,000 of that surplus will be restored to 39,000,000 retired and disabled individuals will rowing more from the public. the programs cut in function 920. be $232,000,000,000 in fiscal year 2000. (3) Congress should work in a bipartisan fash- (b) It is the sense of the Senate that the as- (3) During the nearly 35 years since the medi- ion to extend the solvency of the medicare pro- sumptions underlying this budget resolution as- care program was established, the Nation’s gram and to ensure that benefits under that April 26, 1999 CONGRESSIONAL RECORD — SENATE S4177 program will be available to beneficiaries in the (1) the levels in this resolution assume that unnecessarily complex and burdensome, con- future. the Senate not only puts a priority on protecting sisting of 2,000 pages of tax code, and resulting (4) The American public will be well and fair- Social Security and medicare and reducing the in 12,000 pages of regulations and 200,000 pages ly served in this undertaking if the medicare Federal debt, but also on middle-class tax relief of court proceedings; program reform proposals are considered within by returning some of the non-Social Security (2) the complexity of the tax code results in a framework that is based on the following 5 surplus to those from whom it was taken; and taxpayers spending approximately 5,400,000,000 key principles offered in testimony to the Senate (2) such middle-class tax relief could include hours and $200,000,000,000 on tax compliance Committee on Finance by the Comptroller Gen- broad-based tax relief, marriage penalty relief, each year; eral of the United States: retirement savings incentives, estate tax relief, (3) the impact of the complexity of the tax (A) Affordability. savings and investment incentives, health care- code is inherently inequitable, rewarding tax- (B) Equity. related tax relief, education-related tax relief, payers which hire professional tax preparers (C) Adequacy. and tax simplification proposals. and penalizing taxpayers which seek to comply (D) Feasibility. SEC. 323. SENSE OF THE SENATE REGARDING TAX with the tax code without professional assist- (E) Public acceptance. INCENTIVES FOR EDUCATION SAV- ance; (5) The recommendations by Senator Breaux INGS. (4) the percentage of the income of an average and Congressman Thomas provide for new pre- (a) FINDINGS.—The Senate finds that— family of four that is paid for taxes has grown scription drug coverage for the neediest bene- (1) families in the United States have accrued significantly, comprising nearly 40 percent of ficiaries within a plan that substantially im- more college debt in the 1990s than during the the family’s earnings, a percentage which rep- proves the solvency of the medicare program previous 3 decades combined; and resents more than a family spends in the aggre- without transferring to the Federal Hospital In- (2) families should have every resource avail- gate on food, clothing, and housing; surance Trust Fund new IOUs that must be re- able to them to meet the rising cost of higher (5) the total amount of Federal, State, and deemed later by raising taxes, cutting benefits, education. local tax collections in 1998 increased approxi- or borrowing more from the public. (b) SENSE OF THE SENATE.—It is the sense of mately 5.7 percent over such collections in 1997; (6) Congress should move expeditiously to con- the Senate that the levels in this resolution and (6) the tax code penalizes saving and invest- sider the bipartisan recommendations of the legislation enacted pursuant to this resolution ment by imposing tax on these important activi- Chairmen of the National Bipartisan Commis- assume that additional tax incentives should be ties twice while promoting consumption by only sion on the Future of Medicare. provided for education savings, including— taxing income used for consumption once; (7) Congress should continue to work with the (1) excluding from gross income distributions (7) the tax code stifles economic growth by dis- President as he develops and presents his plan from qualified State tuition plans; and couraging work and capital formation through to fix the problems of the medicare program. (2) providing a tax deferral for private prepaid high tax rates; SEC. 322. SENSE OF THE SENATE ON PROVIDING tuition plans in years 2000 through 2003 and ex- (8) Congress and the President have found it TAX RELIEF TO ALL AMERICANS BY cluding from gross income distributions from necessary on several occasions to enact laws to RETURNING NON-SOCIAL SECURITY such plans in years 2004 and after. protect taxpayers from abusive actions and pro- SURPLUS TO TAXPAYERS. SEC. 324. SENSE OF THE SENATE THAT THE ONE cedures of the Internal Revenue Service in en- (a) FINDINGS.—The Senate finds the following: HUNDRED SIXTH CONGRESS, FIRST forcement of the tax code; and (1) Every cent of Social Security surplus SESSION SHOULD REAUTHORIZE (9) the complexity of the tax code is largely re- should be reserved to pay Social Security bene- FUNDS FOR THE FARMLAND PRO- sponsible for the growth in size of the Internal fits, for Social Security reform, or to pay down TECTION PROGRAM. Revenue Service. the debt held by the public and not be used for (a) FINDINGS.—The Senate makes the fol- (b) SENSE OF THE SENATE.—It is the sense of other purposes. lowing findings— the Senate that the levels in this resolution as- (2) Medicare should be fully funded. (1) nineteen States and dozens of localities sume that — (3) Even after safeguarding Social Security have spent nearly $1,000,000,000 to protect over (1) the Internal Revenue Code of 1986 needs and medicare, a recent Congressional Research 600,000 acres of important farmland; comprehensive reform; and Service study found that an average American (2) the Farmland Protection Program has pro- (2) Congress should move expeditiously to con- family will pay $5,307 more in taxes over the vided cost-sharing for 19 States and dozens of sider comprehensive proposals to reform the In- next 10 years than the Government needs to op- localities to protect over 123,000 acres on 432 ternal Revenue Code of 1986. erate. farms since 1996; SEC. 327. SENSE OF THE SENATE REGARDING (4) The Administration’s budget returns none (3) the Farmland Protection Program has gen- DAVIS-BACON. of the excess surplus back to the taxpayers and erated new interest in saving farmland in com- It is the sense of the Senate that in carrying instead increases net taxes and fees by munities around the country; out the assumptions in this budget resolution, $96,000,000,000 over 10 years. (4) the Farmland Protection Program rep- the Senate will consider reform of the Davis- (5) The burden of the Administration’s tax in- resents an innovative and voluntary partner- Bacon Act as an alternative to repeal. creases falls disproportionately on low- and ship, rewards local ingenuity, and supports SEC. 328. SENSE OF THE SENATE REGARDING AC- middle-income taxpayers. A recent Tax Founda- local priorities; CESS TO ITEMS AND SERVICES tion study found that individuals with incomes (5) the Farmland Protection Program is a UNDER MEDICARE PROGRAM. of less than $25,000 would bear 38.5 percent of matching grant program that is completely vol- (a) FINDINGS.—The Senate finds the following: the increased tax burden, while taxpayers with untary in which the Federal Government does (1) Total hospital operating margins with re- incomes between $25,000 and $50,000 would pay not acquire the land or easement; spect to items and services provided to medicare 22.4 percent of the new taxes. (6) funds authorized for the Farmland Protec- beneficiaries are expected to decline from 4.3 (6) The budget resolution returns most of the tion Program were expended at the end of fiscal percent in fiscal year 1997 to 0.1 percent in fiscal non-Social Security surplus to those who year 1998, and no funds were appropriated in year 1999. worked so hard to produce it by providing fiscal year 1999; (2) Total operating margins for small rural $142,000,000,000 in real tax relief over 5 years (7) the United States is losing two acres of our hospitals are expected to decline from 4.2 per- and almost $800,000,000,000 in tax relief over 10 best farmland to development every minute of cent in fiscal year 1998 to negative 5.6 percent in years. every day; fiscal year 2002, a 233 percent decline. (7) The budget resolution builds on the fol- (8) these lands produce three quarters of the (3) The Congressional Budget Office recently lowing tax relief since 1995: fruits and vegetables and over one half of the has estimated that the amount of savings to the (A) In 1996, Congress provided, and the Presi- dairy in the United States. medicare program in fiscal years 1998 through dent signed, tax relief for small business and (b) SENSE OF THE SENATE.—It is the sense of 2002 by reason of the amendments to that pro- health care-related tax relief. the Senate that the functional totals contained gram contained in the Balanced Budget Act of (B) In 1997, Congress once again pushed for in this resolution assume that the One Hundred 1997 is $88,500,000 more than the amount of sav- tax relief in the context of a balanced budget, Sixth Congress, First Session will reauthorize ings to the program by reason of those amend- and President Clinton signed into law a $500 per funds for the Farmland Protection Program. ments that the Congressional Budget Office esti- child tax credit, expanded individual retirement SEC. 325. SENSE OF THE SENATE ON TAX CUTS mated for those fiscal years immediately prior to accounts and the new Roth IRA, a cut in the FOR LOWER AND MIDDLE INCOME the enactment of that Act. capital gains tax rate, education tax relief, and TAXPAYERS. (b) SENSE OF SENATE.—It is the sense of the estate tax relief. It is the sense of the Senate that the levels in Senate that the provisions contained in this (C) In 1998, Congress pushed for reform of the this resolution assume that Congress will not budget resolution assume that the Senate Internal Revenue Service, and provided tax re- approve an across-the-board cut in income tax should— lief for America’s farmers. rates, or any other tax legislation, that would (1) consider whether the amendments to the (8) Americans deserve further tax relief be- provide substantially more benefits to the top 10 medicare program contained in the Balanced cause they are still overpaying. They deserve a percent of taxpayers than to the remaining 90 Budget Act of 1997 have had an adverse impact refund. Federal taxes currently consume nearly percent. on access to items and services under that pro- 21 percent of national income, the highest per- SEC. 326. SENSE OF THE SENATE REGARDING RE- gram; and centage since World War II. Families are paying FORM OF THE INTERNAL REVENUE (2) if it is determined that additional resources more in Federal, State, and local taxes than for CODE OF 1986. are available, additional budget authority and food, clothing, and shelter combined. (a) FINDINGS.—The Senate finds that— outlays shall be allocated to address the unin- (b) SENSE OF SENATE.—It is the sense of the (1) the Internal Revenue Code of 1986 (re- tended consequences of change in medicare pro- Senate that— ferred to in this section as the ‘‘tax code’’) is gram policy made by the Balanced Budget Act, S4178 CONGRESSIONAL RECORD — SENATE April 26, 1999 including inpatient and outpatient hospital (E) the costs incurred in educating and caring (3) domestic firewalls mask mandatory spend- services, to ensure fair and equitable access to for individuals with autism and autism spec- ing under the guise of discretionary spending, all items and services under the program. trum disorders. thereby presenting a distorted picture of overall SEC. 329. SENSE OF THE SENATE CONCERNING (11) In 1998, the National Institutes of Health discretionary spending; AUTISM. announced a program of research on autism and (4) domestic firewalls impede the ability of (a) FINDINGS.—Congress makes the following autism spectrum disorders. A sufficient level of Congress to react to changing circumstances or findings: funding should be made available for carrying to fund other equally important programs; (1) Infantile autism and autism spectrum dis- out the program. (5) the Congress implemented ‘‘domestic dis- orders are biologically-based (b) SENSE OF THE SENATE.—It is the sense of cretionary budget firewalls’’ for approximately neurodevelopmental diseases that cause severe the Senate that the assumptions underlying this 70 percent of function 400 spending in the One impairments in language and communication resolution assume that additional resources will Hundred Fifth Congress; and generally manifest in young children some- be targeted towards autism research through the (6) if the aviation firewall proposal circulating time during the first two years of life. National Institutes of Health and the Centers in the House of Representatives were to be en- (2) Best estimates indicate that 1 in 500 chil- for Disease Control and Prevention. acted, firewalled spending would exceed 100 per- dren born today will be diagnosed with an au- SEC. 330. SENSE OF THE SENATE ON WOMEN’S AC- cent of total function 400 spending called for tism spectrum disorder and that 400,000 Ameri- CESS TO OBSTETRIC AND GYNECO- under this resolution; and cans have autism or an autism spectrum dis- LOGICAL SERVICES. (7) if the aviation firewall proposal circulating order. (a) FINDINGS.—Congress finds that: in the House of Representatives were to be en- (3) There is little information on the preva- (1) In the One Hundred Fifth Congress, the acted, drug interdiction activities by the Coast lence of autism and other pervasive develop- House of Representatives acted favorably on Guard, National Highway Traffic Safety Ad- mental disabilities in the United States. There The Patient Protection Act (H.R. 4250), which ministration activities, rail safety inspections, have never been any national prevalence studies included provisions which required health plans Federal support for Amtrak, all National Trans- in the United States, and the two studies that to allow women direct access to a participating portation Safety Board activities, Pipeline and were conducted in the 1980s examined only se- physician who specializes in obstetrics and gyn- Hazardous materials safety programs, and Coast lected areas of the country. Recent studies in ecological services. Guard search and rescue activities would be Canada, Europe, and Japan suggest that the (2) Women’s health historically has received drastically cut or eliminated. prevalence of classic autism alone may be 300 little attention. (b) SENSE OF THE SENATE.—It is the sense of percent to 400 percent higher than previously es- (3) Access to an obstetrician-gynecologist im- the Senate that the levels in this resolution as- timated. proves the health care of a woman by providing sume that no additional firewalls should be en- (4) Three quarters of those with infantile au- routine and preventive health care throughout acted for function 400 transportation activities. tism spend their adult lives in institutions or the women’s lifetime, encompassing care of the SEC. 333. SENSE OF THE SENATE ON FUNDING EX- group homes, and usually enter institutions by whole patient, while also focusing on the female ISTING, EFFECTIVE PUBLIC HEALTH the age of 13. reproductive system. PROGRAMS BEFORE CREATING NEW (5) The cost of caring for individuals with au- (4) 60 percent of all office visits to obstetri- PROGRAMS. tism and autism spectrum disorder is great, and cian-gynecologists are for preventive care. (a) FINDINGS.—The Senate finds that— is estimated to be $13,300,000,000 per year solely (5) Obstetrician-gynecologists are uniquely (1) the establishment of new categorical fund- for direct costs. qualified on the basis of education and experi- ing programs has led to proposed cuts in the (6) The rapid advancements in biomedical ence to provide basic women’s health care serv- Preventive Health and Health Services Block science suggest that effective treatments and a ices. Grant to States for broad, public health mis- cure for autism are attainable if— (6) While more than 36 States have acted to sions; (A) there is appropriate coordination of the ef- promote residents’ access to obstetrician-gyne- (2) Preventive Health and Health Services forts of the various agencies of the Federal Gov- cologists, patients in other States or in feder- Block Grant dollars fill gaps in the otherwise- ernment involved in biomedical research on au- ally-governed health plans are not protected categorical funding States and localities receive, tism and autism spectrum disorders; from access restrictions or limitations. funding such major public health threats as car- (B) there is an increased understanding of au- (b) SENSE OF THE SENATE.—It is the sense of diovascular disease, injuries, emergency medical tism and autism spectrum disorders by the sci- the Senate that the provisions in this concurrent services and poor diet, for which there is often entific and medical communities involved in au- resolution on the budget assume that the Con- no other source of funding; tism research and treatment; and gress shall enact legislation that requires health (3) in 1981, Congress consolidated a number of (C) sufficient funds are allocated to research. plans to provide women with direct access to a programs, including certain public health pro- (7) The discovery of effective treatments and a participating provider who specializes in obstet- grams, into block grants for the purpose of best cure for autism will be greatly enhanced when rics and gynecological services. advancing the health, economics and well-being scientists and epidemiologists have an accurate SEC. 331. SENSE OF THE SENATE ON LIHEAP. of communities across the country; understanding of the prevalence and incidence (a) FINDINGS.—The Senate finds that— (4) the Preventive Health and Health Services of autism. (1) home energy assistance for working and Block Grant can be used for programs for (8) Recent research suggests that environ- low-income families with children, the elderly screening, outreach, health education and lab- mental factors may contribute to autism. As a on fixed incomes, the disabled, and others who oratory services; result, contributing causes of autism, if identi- need such aid is a critical part of the social safe- (5) the Preventive Health and Health Services fied, may be preventable. ty net in cold-weather areas during the winter, Block Grant gives States the flexibility to deter- (9) Finding the answers to the causes of au- and a source of necessary cooling aid during the mine how funding available for this purpose can tism and related developmental disabilities may summer; be used to meet each State’s preventive health help researchers to understand other disorders, (2) the Low Income Home Energy Assistance priorities; ranging from learning problems, to hyper- Program (LIHEAP) is a highly targeted, cost-ef- (6) the establishment of new public health activity, to communications deficits that affect fective way to help millions of low-income Amer- programs that compete for funding with the Pre- millions of Americans. icans pay their home energy bills. More than ventive Health and Health Services Block Grant (10) Specifically, more knowledge is needed two-thirds of LIHEAP-eligible households have could result in the elimination of effective, lo- concerning— annual incomes of less than $8,000, approxi- calized public health programs in every State. (A) the underlying causes of autism and au- mately one-half have annual incomes below (b) SENSE OF THE SENATE.—It is the sense of tism spectrum disorders, how to treat the under- $6,000; and the Senate that the levels in this resolution and lying abnormality or abnormalities causing the (3) LIHEAP funding has been substantially legislation enacted pursuant to this resolution severe symptoms of autism, and how to prevent reduced in recent years, and cannot sustain fur- assume that there shall be a continuation of the these abnormalities from occurring in the fu- ther spending cuts if the program is to remain a level of funding support for existing public ture; viable means of meeting the home heating and health programs, specifically the Prevention (B) the epidemiology of, and the identification other energy-related needs of low-income fami- Block Grant, prior to the funding of new public of risk factors for, infantile autism and autism lies, especially those in cold-weather States. health programs. spectrum disorders; (b) SENSE OF THE SENATE.—The assumptions SEC. 334. SENSE OF THE SENATE CONCERNING (C) the development of methods for early med- underlying this budget resolution assume that it FUNDING FOR SPECIAL EDUCATION. ical diagnosis and functional assessment of indi- is the sense of the Senate that the funds made (a) FINDINGS.—Congress makes the following viduals with autism and autism spectrum dis- available for LIHEAP for fiscal year 2000 will findings: orders, including identification and assessment not be less than the current services for LIHEAP (1) In the Individuals with Disabilities Edu- of the subtypes within the autism spectrum dis- in fiscal year 1999. cation Act (20 U.S.C. 1400 et seq.) (referred to in orders, for the purpose of monitoring the course SEC. 332. SENSE OF THE SENATE ON TRANSPOR- this resolution as the ‘‘Act’’), Congress found of the disease and developing medically sound TATION FIREWALLS. that improving educational results for children strategies for improving the outcomes of such in- (a) FINDINGS.—The Senate finds that— with disabilities is an essential element of our dividuals; (1) domestic firewalls greatly limit funding national policy of ensuring equality of oppor- (D) existing biomedical and diagnostic data flexibility as Congress manages budget priorities tunity, full participation, independent living, that are relevant to autism and autism spectrum in a fiscally constrained budget; and economic self-sufficiency for individuals disorders for dissemination to medical personnel, (2) domestic firewalls inhibit congressional with disabilities. particularly pediatricians, to aid in the early di- oversight of programs and organizations under (2) In the Act, the Secretary of Education is agnosis and treatment of this disease; and such protections; instructed to make grants to States to assist April 26, 1999 CONGRESSIONAL RECORD — SENATE S4179 them in providing special education and related Government also has enough jail space to hold care needs who often cannot afford the insur- services to children with disabilities. individuals for the length of their mandatory ance available to them through the private mar- (3) The Act represents a commitment by the minimum sentences; ket, are uninsurable by the plans available in Federal Government to fund 40 percent of the (6) an effort to aggressively and consistently the private sector, or are at great risk of incur- average per-pupil expenditure in public elemen- apply these Federal firearms laws in Richmond, ring very high and economically devastating tary and secondary schools in the United States. Virginia, has cut violent crime in that city. This health care costs. (4) The budget submitted by the President for program, called Project Exile, has produced 288 (3) Americans with significant disabilities fiscal year 2000 ignores the commitment by the indictments during its first two years of oper- often are unable to obtain health care insurance Federal Government under the Act to fund spe- ation and has been credited with contributing to that provides coverage of the services and sup- cial education and instead proposes the creation a 15 percent decrease in violent crimes in Rich- ports that enable them to live independently of new programs that limit the manner in which mond during the same period. In the first three- and enter or rejoin the workforce. Coverage for States may spend the limited Federal education quarters of 1998, homicides with a firearm in personal assistance services, prescription drugs, dollars received. Richmond were down 55 percent compared to durable medical equipment, and basic health (5) The budget submitted by the President for 1997; care are powerful and proven tools for individ- fiscal year 2000 fails to increase funding for spe- (7) the fiscal year 1999 Commerce-State-Justice uals with significant disabilities to obtain and cial education, and leaves States and localities Appropriations Act provided $1,500,000 to hire retain employment. with an enormous unfunded mandate to pay for additional Federal prosecutors and investigators (4) For individuals with disabilities, the fear growing special education costs. to enforce Federal firearms laws in Philadel- of losing health care and related services is one (b) SENSE OF THE SENATE.—It is the sense of phia. The Philadelphia project—called Oper- of the greatest barriers keeping the individuals the Senate that the budgetary levels in this reso- ation Cease Fire—started on January 1, 1999. from maximizing their employment, earning po- lution assume that part B of the Individuals Since it began, the project has resulted in 31 in- tential, and independence. with Disabilities Act (20 U.S.C. 1400 et seq.) dictments of 52 defendants on firearms viola- (5) Individuals with disabilities who are bene- should be fully funded at the originally prom- tions. The project has benefited from help from ficiaries under title II or XVI of the Social Secu- ised level before any funds are appropriated for the Philadelphia Police Department and the Bu- rity Act (42 U.S.C. 401 et seq., 1381 et seq.) risk new education programs. reau of Alcohol, Tobacco and Firearms which losing medicare or medicaid coverage that is linked to their cash benefits, a risk that is an SEC. 335. SENSE OF THE SENATE ON THE IMPOR- was not paid for out of the $1,500,000 grant; TANCE OF SOCIAL SECURITY FOR IN- (8) in 1993, the office of the United States At- equal, or greater, work disincentive than the DIVIDUALS WHO BECOME DISABLED. torney for the Western District of New York loss of cash benefits associated with working. 1 (a) FINDINGS.—The Senate finds that— teamed up with the Monroe County District At- (6) Currently, less than ⁄2 of 1 percent of So- (1) in addition to providing retirement income, torney’s Office, the Monroe County Sheriff’s cial Security disability insurance (SSDI) and Social Security also protects individuals from Department, the Rochester Police Department, supplemental security income (SSI) beneficiaries the loss of income due to disability; and others to form a Violent Crimes Task Force. cease to receive benefits as a result of employ- (2) according to the most recent report from In 1997, the Task Force created an Illegal Fire- ment. (7) Beneficiaries have cited the lack of ade- the Social Security Board of Trustees nearly 1 arms Suppression Unit, whose mission is to use quate employment training and placement serv- in 7 Social Security beneficiaries, 6,000,000 indi- prosecutorial discretion to bring firearms cases ices as an additional barrier to employment. viduals in total, were receiving benefits as a re- in the judicial forum where penalties for gun (8) If an additional 1⁄2 of 1 percent of the cur- sult of disability; violations would be the strictest. The Suppres- rent Social Security disability insurance (SSDI) (3) more than 60 percent of workers have no sion Unit has been involved in three major pros- long-term disability insurance protection other and supplemental security income (SSI) recipi- ecutions of interstate gun-purchasing activities ents were to cease receiving benefits as a result than that provided by Social Security; and currently has 30 to 40 open single-defend- (4) according to statistics from the Society of of employment, the savings to the Social Secu- ant felony gun cases; rity Trust Funds in cash assistance would total Actuaries, the odds of a long-term disability (9) Senator Hatch has introduced legislation $3,500,000,000 over the worklife of the individ- versus death are 2.7 to 1 at age 27, 3.5 to 1 at age to authorize Project CUFF, a Federal firearms uals. 42, and 2.2 to 1 at age 52; and prosecution program; (b) SENSE OF THE SENATE.—It is the sense of (5) in 1998, the average monthly benefit for a (10) the Administration has requested the Senate that the provisions of this resolution disabled worker was $722. $5,000,000 to conduct intensive firearms prosecu- assume that the Work Incentives Improvement (b) SENSE OF THE SENATE.—It is the sense of tion projects on a national level; Act of 1999 (S. 331, 106th Congress) will be the Senate that levels in the resolution assume (11) given that at least $1,500,000 is needed to passed by the Senate and enacted early this that— run an effective program in one American city— year, and thereby provide individuals with dis- (1) Social Security plays a vital role in pro- Philadelphia—$5,000,000 is far from enough abilities with the health care and employment viding adequate income for individuals who be- funding to conduct such programs nationally. preparation and placement services that will en- come disabled; (b) SENSE OF THE SENATE.—It is the sense of able those individuals to reduce their depend- (2) individuals who become disabled face cir- the Senate that function 750 in the budget reso- ency on cash benefit programs. cumstances much different than those who rely lution assumes that $50,000,000 will be provided on Social Security for retirement income; in fiscal year 2000 to conduct intensive firearms SEC. 339. SENSE OF THE SENATE REGARDING (3) Social Security reform proposals that focus ASSET-BUILDING FOR THE WORKING prosecution projects to combat violence in the 25 POOR. too heavily on retirement income may adversely American cities with the highest crime rates. (a) FINDINGS.—The Senate finds the following: affect the income protection provided to individ- SEC. 337. HONEST REPORTING OF THE DEFICIT. (1) 33 percent of all American households and uals with disabilities; and It is the sense of the Senate that the levels in 60 percent of African American households have (4) Congress and the President should take this resolution assume the following: no or negative financial assets. these factors into account when considering (1) IN GENERAL.—Effective for fiscal year 2001, (2) 46.9 percent of all children in America live proposals to reform the Social Security program. the President’s budget and the budget report of in households with no financial assets, includ- SEC. 336. SENSE OF THE SENATE REGARDING CBO required under section 202(e) of the Con- ing 40 percent of Caucasian children and 75 per- FUNDING FOR INTENSIVE FIREARMS gressional Budget Act of 1974 and the concur- cent of African American children. PROSECUTION PROGRAMS. rent resolution on the budget should include— (3) In order to provide low-income families (a) FINDINGS.—Congress finds that— (A) the receipts and disbursements totals of with more tools for empowerment, incentives (1) gun violence in America, while declining the on-budget trust funds, including the pro- which encourage asset-building should be estab- somewhat in recent years, is still unacceptably jected levels for at least the next 5 fiscal years; lished. high; and (4) Across the Nation, numerous small public, (2) keeping firearms out of the hands of crimi- (B) the deficit or surplus excluding the on- private, and public-private asset-building incen- nals can dramatically reduce gun violence in budget trust funds, including the projected lev- tives, including individual development ac- America; els for at least the next 5 fiscal years. counts, are demonstrating success at empow- (3) States and localities often do not have the (2) ITEMIZATION.—Effective for fiscal year ering low-income workers. investigative or prosecutorial resources to locate 2001, the President’s budget and the budget re- (5) Middle and upper income Americans cur- and convict individuals who violate their fire- port of CBO required under section 202(e) of the rently benefit from tax incentives for building arms laws. Even when they do win convictions, Congressional Budget Act of 1974 should include assets. States and localities often lack the jail space to an itemization of the on-budget trust funds for (6) The Federal Government should utilize the hold such convicts for their full prison terms; the budget year, including receipts, outlays, and Federal tax code to provide low-income Ameri- (4) there are a number of Federal laws on the balances. cans with incentives to work and build assets in books which are designed to keep firearms out of SEC. 338. SENSE OF THE SENATE CONCERNING order to escape poverty permanently. the hands of criminals. These laws impose man- FOSTERING THE EMPLOYMENT AND (b) SENSE OF SENATE.—It is the sense of the datory minimum sentences upon individuals INDEPENDENCE OF INDIVIDUALS Senate that the provisions of this resolution as- who use firearms to commit crimes of violence WITH DISABILITIES. sume that Congress should modify the Federal and convicted felons caught in possession of a (a) FINDINGS.—The Senate makes the fol- tax law to include provisions which encourage firearm; lowing findings: low-income workers and their families to save (5) the Federal Government does have the re- (1) Health care is important to all Americans. for buying a first home, starting a business, ob- sources to investigate and prosecute violations (2) Health care is particularly important to in- taining an education, or taking other measures of these Federal firearms laws. The Federal dividuals with disabilities and special health to prepare for the future. S4180 CONGRESSIONAL RECORD — SENATE April 26, 1999 SEC. 340. SENSE OF THE SENATE THAT THE PRO- (A) for health or safety reasons; or cause government incentives favored the devel- VISIONS OF THIS RESOLUTION AS- (B) due to a domestic shortage of the commod- opment of new areas over the revitalization of SUME THAT IT IS THE POLICY OF ities, products, or medicines. existing resources, ranging from downtown THE UNITED STATES TO PROVIDE AS SEC. 342. SENSE OF THE SENATE REGARDING parks established in the 19th century to neigh- SOON AS IS TECHNOLOGICALLY POS- CAPITAL GAINS TAX FAIRNESS FOR SIBLE AN EDUCATION FOR EVERY borhood playgrounds and sports centers built FAMILY FARMERS. AMERICAN CHILD THAT WILL EN- from the 1920’s to the 1950’s; ABLE EACH CHILD TO EFFECTIVELY (a) FINDINGS.—The Senate finds that— (5) the Urban Parks and Recreation Recovery MEET THE CHALLENGES OF THE (1) one of the most popular provisions in- (UPARR) program, established under the Urban TWENTY-FIRST CENTURY. cluded in the Taxpayer Relief Act of 1997 per- Park and Recreation Recovery Act of 1978 (16 (a) FINDINGS.—The Senate finds that— mits many families to exclude from Federal in- U.S.C. 2501 et seq.), authorized $725,000,000 to (1) Pell Grants require an increase of come taxes up to $500,000 of gain from the sale provide matching grants and technical assist- $5,000,000,000 per year to fund the maximum of their principal residences; ance to economically distressed urban commu- award established in the Higher Education Act (2) under current law, family farmers are not nities; Amendments of 1998; able to take full advantage of this $500,000 cap- (6) the purposes of the UPARR program is to (2) the Individuals with Disabilities Education ital gains exclusion that families living in urban provide direct Federal assistance to urban local- Act needs at least $13,000,000,000 more per year or suburban areas enjoy on the sale of their ities for rehabilitation of critically needed recre- to fund the Federal commitment to fund 40 per- homes; ation facilities, and to encourage local planning cent of the excess costs for special education (3) for most urban and suburban residents, and a commitment to continuing operation and services; their homes are their major financial asset and maintenance of recreation programs, sites, and (3) title I needs at least $4,000,000,000 more per as a result such families, who have owned their facilities; and year to serve all eligible children; homes through many years of appreciation, can (7) funding for UPARR is supported by a wide (4) over $11,000,000,000 over the next six years often benefit from a large portion of this new range of organizations, including the National will be required to hire 100,000 teachers to re- $500,000 capital gains exclusion; Association of Police Athletic Leagues, the duce class size to an average of 18 in grades 1– (4) most family farmers plow any profits they Sporting Goods Manufacturers Association, the 3; make back into the whole farm rather than into Conference of Mayors, and Major League Base- (5) according to the General Accounting Of- the house which holds little or no value; ball. (5) unfortunately, farm families receive little fice, it will cost $112,000,000,000 just to bring ex- (b) SENSE OF THE SENATE.—It is the sense of benefit from this capital gains exclusion because isting school buildings up to good overall condi- the Senate that the levels in this resolution and the Internal Revenue Service separates the tion. According to GAO, one-third of schools legislation enacted pursuant to this resolution value of their homes from the value of the land serving 14,000,000 children require extensive re- assume that Congress considers the UPARR pro- the homes sit on; pair or replacement of one or more of their gram to be a high priority, and should appro- (6) we should recognize in our tax laws the buildings. GAO also found that almost half of priate such amounts as are necessary to carry unique character and role of our farm families all schools lack even the basic electrical wiring out the Urban Parks and Recreation Recovery and their important contributions to our econ- needed to support full-scale use of computers; (UPARR) program established under the Urban omy, and allow them to benefit more fully from (6) the Federal share of education spending Park and Recreation Recovery Act of 1978 (16 the capital gains tax exclusion that urban and has declined from 11.9 percent in 1980 to 7.6 per- U.S.C. 2501 et seq.). suburban homeowners already enjoy; and cent in 1998; (7) we should expand the $500,000 capital SEC. 345. SENSE OF THE SENATE ON SOCIAL PRO- (7) Federal spending for education has de- gains tax exclusion to cover sales of the farm- MOTION. clined from 2.5 percent of all Federal spending house and the surrounding farmland over their It is the sense of the Senate that the assump- in fiscal year 1980 to 2.0 percent in fiscal year lifetimes. tions underlying the functional totals in this 1999. (b) SENSE OF THE SENATE.—It is the sense of resolution assume that funds will be provided (b) SENSE OF THE SENATE.—It is the sense of the Senate that the levels in this resolution as- for legislation— the Senate that the provisions of this resolution sume that if we pass tax relief measures in ac- (1) to provide remedial educational and other assume that it is the policy of the United States cordance with the assumptions in the budget instructional interventions to assist public ele- to provide as soon as is technologically possible resolution, we should ensure that such legisla- mentary and secondary school students in meet- an education for every American child that will tion removes the disparity between farm families ing achievement levels; and enable each child to effectively meet the chal- and their urban and suburban counterparts (2) to terminate practices which advance stu- lenges of the twenty-first century. with respect to the new $500,000 capital gains dents from one grade to the next who do not SEC. 341. SENSE OF THE SENATE CONCERNING tax exclusion for principal residence sales by ex- meet State achievement standards in the core EXEMPTION OF AGRICULTURAL panding it to cover gains from the sale of farm- academic curriculum. COMMODITIES AND PRODUCTS, land along with the sale of the farmhouse. SEC. 346. SENSE OF THE SENATE ON WOMEN AND MEDICINES, AND MEDICAL PROD- SOCIAL SECURITY REFORM. SEC. 343. BUDGETING FOR THE DEFENSE UCTS FROM UNILATERAL ECONOMIC (a) FINDINGS.—The Senate finds that— SANCTIONS. SCIENCE AND TECHNOLOGY PRO- GRAM. (1) without Social Security benefits, the elder- (a) FINDINGS.—The Senate finds that— It is the sense of the Senate that the budg- ly poverty rate among women would have been (1) prohibiting or otherwise restricting the do- etary levels for National Defense (function 050) 52.2 percent, and among widows would have nation or sale of agricultural commodities or for fiscal years 2000 through 2008 assume fund- been 60.6 percent; products, medicines, or medical products in ing for the Defense Science and Technology (2) women tend to live longer and tend to have order to unilaterally sanction a foreign govern- Program that is consistent with section 214 of lower lifetime earnings than men do; ment for actions or policies that the United the Strom Thurmond National Defense Author- (3) during their working years, women earn States finds objectionable unnecessarily harms ization Act for Fiscal Year 1999, which expresses an average of 70 cents for every dollar men innocent populations in the targeted country a sense of the Congress that for each of those earn; and and rarely causes the sanctioned government to fiscal years it should be an objective of the Sec- (4) women spend an average of 11.5 years out alter its actions or policies; retary of Defense to increase the budget request of their careers to care for their families, and (2) for the United States as a matter of policy for the Defense Science and Technology Pro- are more likely to work part-time than full-time. to deny access to agricultural commodities or gram by at least 2 percent over inflation. (b) SENSE OF THE SENATE.—It is the sense of products, medicines, or medical products by in- the Senate that the levels in this resolution as- nocent men, women, and children in other coun- SEC. 344. SENSE OF THE SENATE CONCERNING FUNDING FOR THE URBAN PARKS sume that— tries weakens the international leadership and AND RECREATION RECOVERY (1) women face unique obstacles in ensuring moral authority of the United States; and (UPARR) PROGRAM. retirement security and survivor and disability (3) unilateral sanctions on the sale or dona- (a) FINDINGS.—The Senate finds that— stability; tion of agricultural commodities or products, (1) every analysis of national recreation issues (2) Social Security plays an essential role in medicines, or medical products needlessly harm in the last 3 decades has identified the impor- guaranteeing inflation-protected financial sta- agricultural producers and workers employed in tance of close-to-home recreation opportunities, bility for women throughout their old age; the agricultural or medical sectors in the United particularly for residents in densely-populated (3) the Congress and the Administration States by foreclosing markets for the commod- urban areas; should act, as part of Social Security reform, to ities, products, or medicines. (2) the Land and Water Conservation Fund ensure that widows and other poor elderly (b) SENSE OF THE SENATE.—It is the sense of grants program under the Land and Water Con- women receive more adequate benefits that re- the Senate that the levels in this resolution and servation Fund Act of 1965 (16 U.S.C. 460l–4 et duce their poverty rates and that women, under legislation enacted pursuant to this resolution seq.) was established partly to address the press- whatever approach is taken to reform Social Se- assume that the President should— ing needs of urban areas; curity, should receive no lesser a share of over- (1) subject to paragraph (2), exempt agricul- (3) the National Urban Recreation Study of all federally-funded retirement benefits than tural commodities and products, medicines, and 1978 and the President’s Commission on Ameri- they receive today; and medical products from any unilateral economic cans Outdoors of 1987 revealed that critical (4) the sacrifice that women make to care for sanction imposed on a foreign government; and urban recreation resources were not being ad- their family should be recognized during reform (2) apply the sanction to the commodities, dressed; of Social Security and that women should not be products, or medicines if the application is (4) older city park structures and infrastruc- penalized by taking an average of 11.5 years out necessary— tures worth billions of dollars are at risk be- of their careers to care for their family. April 26, 1999 CONGRESSIONAL RECORD — SENATE S4181 SEC. 347. SENSE OF THE CONGRESS REGARDING (2) calls on South Korea to abide by its trade view of corporate mergers likely to reduce com- SOUTH KOREA’S INTERNATIONAL commitments; petition in particular markets, with a goal to TRADE PRACTICES ON PORK AND (3) calls on the Secretary of the Treasury to promote and protect the competitive process; BEEF. instruct the United States Executive Director of (2) the Antitrust Division requests a 16 percent (a) FINDINGS.—The Congress finds that— the International Monetary Fund to promote increase in funding for fiscal year 2000; (1) Asia is the largest regional export market vigorously policies that encourage the opening (3) justification for such an increase is based, for America’s farmers and ranchers, tradition- of markets for beef and pork products by requir- in part, on increasingly numerous and complex ally purchasing approximately 40 percent of all ing South Korea to abide by its existing inter- merger filings pursuant to the Hart-Scott-Ro- United States agricultural exports; national trade commitments and to reduce trade dino Antitrust Improvements Act of 1976; (2) the Department of Agriculture forecasts barriers, tariffs, and export subsidies; (4) the Hart-Scott-Rodino Antitrust Improve- that over the next year American agricultural (4) calls on the President and the Secretaries ments Act of 1976 sets value thresholds which exports to Asian countries will decline by sev- of Treasury and Agriculture to monitor and re- trigger the requirement for filing premerger noti- eral billion dollars due to the Asian financial port to Congress that resources will not be used fication; crisis; to stabilize the South Korean market at the ex- (5) the number of merger filings under the (3) the United States is the producer of the pense of United States agricultural goods or Hart-Scott-Rodino Antitrust Improvements Act safest agricultural products from farm to table, services; and of 1976, which the Department, in conjunction customizing goods to meet the needs of cus- (5) requests the United States Trade Rep- with the Federal Trade Commission, is required tomers worldwide, and has established the resentative and the United States Department of to review, increased by 38 percent in fiscal year image and reputation as the world’s best pro- Agriculture to pursue the settlement of disputes 1998; vider of agricultural products; with the Government of South Korea on its fail- (6) the Department expects the number of (4) American farmers and ranchers, and more ure to abide by its international trade commit- merger filings to increase in fiscal years 1999 specifically, American pork and beef producers, ments on beef market access, to consider wheth- and 2000; (7) the value thresholds, which relate to both are dependent on secure, open, and competitive er Korea’s reported plans for subsidizing its the size of the companies involved and the size Asian export markets for their product; pork industry would violate any of its inter- of the transaction, under the Hart-Scott-Rodino (5) United States pork and beef producers not national trade commitments, and to determine Antitrust Improvements Act of 1976 have not only have faced the adverse effects of depre- what impact Korea’s subsidy plans would have been adjusted since passage of that Act. ciated and unstable currencies and lowered de- on United States agricultural interests, espe- (b) SENSE OF THE SENATE.—It is the sense of mand due to the Asian financial crisis, but also cially in Japan. have been confronted with South Korea’s pork the Senate that the Antitrust Division needs SEC. 348. SENSE OF THE SENATE REGARDING subsidies and its failure to keep commitments on adequate resources and that the levels in this SUPPORT FOR STATE AND LOCAL resolution assume the Division will have such market access for beef; LAW ENFORCEMENT. adequate resources, including necessary in- (6) it is the policy of the United States to pro- (a) FINDINGS.—The Senate finds that— creases in funding, notwithstanding any report hibit South Korea from using United States and (1) as national crime rates are beginning to language to the contrary, to enable it to meet its International Monetary Fund assistance to sub- fall as a result of State and local efforts, with statutory requirements, including those related sidize targeted industries and compete unfairly Federal support, it is important for the Federal to reviewing and investigating increasingly nu- for market share against United States products; Government to continue its support for State merous and complex mergers, but that Congress (7) the South Korean Government has been and local law enforcement; subsidizing its pork exports to Japan, resulting (2) Federal support is crucial to the provision should pursue consideration of modest, budget in a 973 percent increase in its exports to Japan of critical crime fighting programs; neutral, adjustments to the Hart-Scott-Rodino since 1992, and a 71 percent increase in the last (3) Federal support is also essential to the pro- Antitrust Improvements Act of 1976 to account year; vision of critical crime fighting services and the for inflation in the value thresholds of the Act, (8) pork already comprises 70 percent of South effective administration of justice in the States, and in so doing, ensure that the Antitrust Divi- Korea’s agriculture exports to Japan, yet the such as State and local crime laboratories and sion’s resources are focused on matters and South Korean Government has announced plans medical examiners’ offices; transactions most deserving of the Division’s at- to invest 100,000,000,000 won in its agricultural (4) current needs exceed the capacity of State tention. sector in order to flood the Japanese market and local crime laboratories to process their fo- SEC. 350. SENSE OF THE SENATE TO CREATE A with even more South Korean pork; rensic examinations, resulting in tremendous TASK FORCE TO PURSUE THE CRE- ATION OF A NATURAL DISASTER RE- (9) the South Korean Ministry of Agriculture backlogs that prevent the swift administration and Fisheries reportedly has earmarked SERVE FUND. of justice and impede fundamental individual (a) It is the sense of the Senate that a task 25,000,000,000 won for loans to Korea’s pork rights, such as the right to a speedy trial and to force be created for the purpose of studying the processors in order for them to purchase more exculpatory evidence; possibility of creating a reserve fund for natural Korean pork and to increase exports to Japan; (5) last year, Congress passed the Crime Iden- (10) any export subsidies on pork, including disasters. The task force should be composed of tification Technology Act of 1998, which author- three Senators appointed by the Majority Lead- those on exports from South Korea to Japan, izes $250,000,000 each year for 5 years to assist would violate South Korea’s international trade er, and two Senators appointed by the Minority State and local law enforcement agencies in de- Leader. The task force should also be composed agreements and may be actionable under the veloping and integrating their anticrime tech- World Trade Organization; of three members appointed by the Speaker of nology systems, and in upgrading their forensic the House, and two members appointed by the (11) South Korea’s subsidies are hindering laboratories and information and communica- United States pork and beef producers from cap- Minority Leader in the House. tions infrastructures upon which these crime (b) It is the sense of the Senate that the task turing their full potential in the Japanese mar- fighting systems rely; and force make a report to the appropriate commit- ket, which is the largest export market for (6) the Federal Government must continue ef- tees in Congress within 90 days of being con- United States pork and beef, importing nearly forts to significantly reduce crime by maintain- vened. The report should be available for the $700,000,000 of United States pork and over ing Federal funding for State and local law en- purposes of consideration during comprehensive $1,500,000,000 of United States beef last year forcement, and wisely targeting these resources. overhaul of budget procedures. alone; (b) SENSE OF THE SENATE.—It is the sense of (12) under the United States-Korea 1993 SEC. 351. SENSE OF THE SENATE CONCERNING the Senate that the provisions of this resolution FEDERAL TAX RELIEF. Record of Understanding on Market Access for assume that— (a) FINDINGS.—The Senate makes the fol- Beef, which was negotiated pursuant to a 1989 (1) the amounts made available for fiscal year lowing findings: GATT Panel decision against Korea, South 2000 to assist State and local law enforcement (1) The Congressional Budget Office has re- Korea was allowed to delay full liberalization of efforts should be comparable to or greater than ported that payroll taxes will exceed income its beef market (in an exception to WTO rules) amounts made available for that purpose for fis- taxes for 74 percent of all taxpayers in 1999. if it would agree to import increasing minimum cal year 1999; (2) The Federal Government will collect nearly quantities of beef each year until the year 2001; (2) the amounts made available for fiscal year $50,000,000,000 in income taxes this year through (13) South Korea fell woefully short of its beef 2000 for crime technology programs should be its practice of taxing the income Americans sac- market access commitment for 1998; and used to further the purposes of the program rifice to the Government in the form of Social (14) United States pork and beef producers are under section 102 of the Crime Identification Security payroll taxes. not able to compete fairly with Korean livestock Technology Act of 1998 (42 U.S.C. 14601); and (3) American taxpayers are currently shoul- producers, who have a high cost of production, (3) Congress should consider legislation that dering the heaviest tax burden since 1944. because South Korea has violated trade agree- specifically addresses the backlogs in State and (4) According to the nonpartisan Tax Founda- ments and implemented protectionist policies. local crime laboratories and medical examiners’ tion, the median dual-income family sacrificed a (b) SENSE OF THE CONGRESS.—It is the sense of offices. record 37.6 percent of its income to the Govern- the Congress that the Congress— SEC. 349. SENSE OF THE SENATE ON MERGER EN- ment in 1997. (1) believes strongly that while a stable global FORCEMENT BY DEPARTMENT OF (b) SENSE OF THE SENATE.—It is the sense of marketplace is in the best interest of America’s JUSTICE. the Senate that the assumptions underlying the farmers and ranchers, the United States should (a) FINDINGS.—Congress finds that— functional totals in this resolution assume that seek a mutually beneficial relationship without (1) the Antitrust Division of the Department a significant portion of the tax relief will be de- hindering the competitiveness of American agri- of Justice is charged with the civil and criminal voted to working families who are double-taxed culture; enforcement of the antitrust laws, including re- by— S4182 CONGRESSIONAL RECORD — SENATE April 26, 1999 (1) providing taxpayers with an above-the-line cent according to the National Association of (14) Recoveries from possible Federal tobacco- income tax deduction for the Social Security Police Athletic and Activity Leagues. related litigation, if successful, will likely be payroll taxes they pay so that they no longer (3) After school programs can improve edu- comparable to or exceed the dollar amount re- pay income taxes on such payroll taxes, and/or cational achievement. They ensure children covered by the States under the 1998 settlement. (2) gradually reducing the lowest marginal in- have safe and positive learning environments in (15) In the event Federal tobacco-related liti- come tax rate from 15 percent to 10 percent, and/ the after school hours. In the Sacramento gation is valid, undertaken and is successful, or START after school program 75 percent of the funds recovered under such litigation should (3) other tax reductions that do not reduce the students showed an increase in their grades. first be used for the purpose of strengthening tax revenue devoted to the Social Security Trust (4) After school programs have widespread the Federal Hospital Insurance Trust Fund and Fund. support. Over 90 percent of the American people second to finance a medicare prescription drug SEC. 352. SENSE OF THE SENATE ON ELIMI- support such programs. Over 450 of the Nation’s benefit. NATING THE MARRIAGE PENALTY leading police chiefs, sheriffs, and prosecutors, (16) The scope of any medicare prescription AND ACROSS-THE-BOARD INCOME along with presidents of the Fraternal Order of drug benefit should be as comprehensive as pos- TAX RATE CUTS. Police, and the International Union of Police sible, with drugs used in fighting tobacco-re- (a) FINDINGS.—The Senate finds that— Associations support government funding of lated illnesses given a first priority. (1) the institution of marriage is the corner- after school programs. And many of our Na- (17) Most Americans want the medicare pro- stone of the family and civil society; tion’s governors endorse increasing the number gram to cover the costs of prescription drugs. (2) strengthening of the marriage commitment of after school programs through a Federal of (c) SENSE OF THE SENATE.—It is the sense of and the family is an indispensable step in the State partnership. the Senate that the assumptions underlying the renewal of America’s culture; (b) SENSE OF THE SENATE.—It is the sense of functional totals in this resolution assume that (3) the Federal income tax punishes marriage the Senate that the levels in this resolution as- funds recovered under any tobacco-related liti- by imposing a greater tax burden on married sume that Congress will provide $600,000,000 for gation commenced by the Federal Government couples then on their single counterparts; the President’s after school initiative in fiscal should be used first for the purpose of strength- (4) America’s tax code should give each mar- year 2000. ening the Federal Hospital Insurance Trust ried couple the choice to be treated as one eco- SEC. 355. SENSE OF THE SENATE CONCERNING Fund and second to fund a medicare prescrip- nomic unit, regardless of which spouse earns the RECOVERY OF FUNDS BY THE FED- tion drug benefit. income; and ERAL GOVERNMENT IN TOBACCO-RE- SEC. 356. SENSE OF THE SENATE ON OFFSETTING (5) all American taxpayers are responsible for LATED LITIGATION. INAPPROPRIATE EMERGENCY any budget surplus and deserve broad-based tax (a) SHORT TITLE.—This section may be cited SPENDING. relief after the Social Security Trust Fund has as the ‘‘Federal Tobacco Recovery and Medicare It is the sense of the Senate that the levels in been protected. Prescription Drug Benefit Resolution of 1999’’. this resolution assume that— (b) SENSE OF THE SENATE.—It is the sense of (b) FINDINGS.—The Senate makes the fol- (1) some emergency expenditures made at the the Senate that the levels in this resolution as- lowing findings: end of the One Hundred Fifth Congress for fis- sume that Congress should eliminate the mar- (1) The President, in his January 19, 1999 cal year 1999 were inappropriately deemed as riage penalty in a manner that treats all mar- State of the Union address— emergencies; ried couples equally, regardless of which spouse (A) announced that the Department of Justice (2) Congress and the President should identify earns the income. would develop a litigation plan for the Federal these inappropriate expenditures and fully pay SEC. 353. SENSE OF THE SENATE ON IMPOR- Government against the tobacco industry; for these expenditures during the fiscal year in TANCE OF FUNDING FOR EMBASSY (B) indicated that any funds recovered which they will be incurred; and SECURITY. through such litigation would be used to (3) Congress should only apply the emergency (a) FINDINGS.—The Senate finds that— strengthen the medicare program under title designation for occurrences that meet the cri- (1) Enhancing security at United States diplo- XVIII of the Social Security Act (42 U.S.C. 1395 teria set forth in the Congressional Budget Act. matic missions overseas is essential to protect et seq.); and SEC. 357. FINDINGS; SENSE OF CONGRESS ON United States Government personnel serving on (C) urged Congress to pass legislation to in- THE PRESIDENT’S FISCAL YEAR 2000 the front lines of our national defense; clude a prescription drug benefit in the medicare BUDGET PROPOSAL TO TAX ASSO- (2) 80 percent of United States diplomatic mis- program. CIATION INVESTMENT INCOME. sions do not meet current security standards; (2) The traditional medicare program does not (a) The Congress finds that: (3) the Accountability Review Boards on the include most outpatient prescription drugs as (1) The President’s fiscal year 2000 Federal Embassy Bombings in Nairobi and Dar Es Sa- part of its benefit package. budget proposal to impose a tax on the interest, laam recommended that the Department of State (3) Prescription drugs are a central element in dividends, capital gains, rents, and royalties in spend $1,400,000,000 annually on embassy secu- improving quality of life and in routine health excess of $10,000 of trade associations and pro- rity over each of the next 10 years; maintenance. fessional societies exempt under section 501(c)(6) (4) the amount of spending recommended for (4) Prescription drugs are a key component to of the Internal Revenue Code of 1986 represents embassy security by the Accountability Review early health care intervention strategies for the an unjust and unnecessary penalty on legiti- Boards is approximately 36 percent of the oper- elderly. mate association activities. ating budget requested for the Department of (5) Eighty percent of retired individuals take (2) At a time when the Government is pro- State in fiscal year 2000; and at least 1 prescription drug every day. jecting on-budget surpluses of more than (5) the funding requirements necessary to im- (6) Individuals 65 years of age or older rep- $800,000,000,000 over the next 10 years, the Presi- prove security for United States diplomatic mis- resent 12 percent of the population of the United dent proposes to increase the tax burden on sions and personnel abroad cannot be borne States but consume more than 1⁄3 of all prescrip- trade and professional associations by within the current budgetary resources of the tion drugs consumed in the United States. $1,440,000,000 over the next 5 years. Department of State. (7) Exclusive of health care-related premiums, (3) The President’s association tax increase (b) SENSE OF THE SENATE.—It is the sense of prescription drugs account for almost 1⁄3 of the proposal will impose a tremendous burden on the Senate that the budgetary levels in this health care costs and expenditures of elderly in- thousands of small and mid-sized trade associa- budget resolution assume that as the Congress dividuals. tions and professional societies. contemplates changes in the Congressional (8) Approximately 10 percent of all medicare (4) Under the President’s association tax in- Budget Act of 1974 to reflect projected on-budget beneficiaries account for nearly 50 percent of all crease proposal, most associations with annual surpluses, provisions similar to those set forth in prescription drug spending by the elderly. operating budgets of as low as $200,000 or more section 314(b) of that Act should be considered (9) Research and development on new genera- will be taxed on investment income and as many to ensure adequate funding for enhancements to tions of pharmaceuticals represent new opportu- as 70,000 associations nationwide could be af- the security of United States diplomatic mis- nities for healthier, longer lives for our Nation’s fected by this proposal. sions. elderly. (5) Associations rely on this targeted invest- SEC. 354. SENSE OF THE SENATE ON FUNDING (10) Prescription drugs are among the key ment income to carry out tax-exempt status re- FOR AFTER SCHOOL EDUCATION. tools in every health care professional’s medical lated activities, such as training individuals to (a) FINDINGS.—The Senate finds the following: arsenal to help combat and prevent the onset, adapt to the changing workplace, improving in- (1) The demand for after school education is recurrence, or debilitating effects of illness and dustry safety, providing statistical data, and very high. In fiscal year 1998 the Department of disease. providing community services. Education’s after school grant program was the (11) While possible Federal litigation against (6) Keeping investment income free from tax most competitive in the Department’s history. tobacco companies will take time to develop, encourages associations to maintain modest sur- Nearly 2,000 school districts applied for over Congress should continue to work to address the plus funds that cushion against economic and $540,000,000. immediate need among the elderly for access to fiscal downturns. (2) After school programs help to fight juve- affordable prescription drugs. (7) Corporations can increase prices to cover nile crime. Law enforcement statistics show that (12) Treatment of tobacco-related illness is es- increased costs, while small and medium sized youth who are ages 12 through 17 are most at timated to cost the medicare program approxi- local, regional, and State-based associations do risk of committing violent acts and being victims mately $10,000,000,000 every year. not have such an option, and thus increased of violent acts between 3:00 p.m. and 6:00 p.m. (13) In 1998, 50 States reached a settlement costs imposed by the President’s association tax After school programs have been shown to re- with the tobacco industry for tobacco-related ill- increase would reduce resources available for duce juvenile crime, sometimes by up to 75 per- ness in the amount of $206,000,000,000. the important standard setting, educational April 26, 1999 CONGRESSIONAL RECORD — SENATE S4183 training, and professionalism training per- between the condition of school facilities and (2) Congress has appropriated only formed by associations. student achievement. At Georgetown University, $10,000,000,000 out of the more than (b) It is the sense of Congress that the func- researchers have found the test scores of stu- $21,000,000,000 covered into the fund from reve- tional totals in this concurrent resolution on the dents assigned to schools in poor condition can nues payable to the United States under the budget assume that Congress shall reject the be expected to fall 10.9 percentage points below Outer Continental Shelf Lands Act (43 U.S.C. President’s proposed tax increase on investment the test scores of students in buildings in excel- 1331 et seq.); and income of associations as defined under section lent condition. Similar studies have dem- (3) 38 Senators cosigned 2 letters to the Chair- 501(c)(6) of the Internal Revenue Code of 1986. onstrated up to a 20 percent improvement in test man and Ranking Member of the Committee on SEC. 358. SENSE OF THE SENATE REGARDING scores when students were moved from a poor the Budget urging that the land and water con- FUNDING FOR COUNTER-NARCOTICS facility to a new facility. servation fund be fully funded. INITIATIVES. (5) The General Accounting Office has found (b) SENSE OF THE SENATE.—It is the sense of (a) FINDINGS.—The Senate finds that— most schools are not prepared to incorporate the Senate that the levels in this resolution and (1) from 1985–1992, the Federal Government’s modern technology in the classroom. 46 percent legislation enacted pursuant to this resolution drug control budget was balanced among edu- of schools lack adequate electrical wiring to assume that Congress should appropriate cation, treatment, law enforcement, and inter- support the full-scale use of technology. More $200,000,000 for fiscal year 2000 to provide finan- national supply reduction activities and this re- than a third of schools lack the requisite elec- cial assistance to the States under section 6 of sulted in a 13-percent reduction in total drug trical power. 56 percent of schools have insuffi- the Land and Water Conservation Fund Act of use from 1988 to 1991; cient phone lines for modems. 1965 (16 U.S.C 460l–8), in addition to such (2) since 1992, overall drug use among teens (6) The Department of Education has reported amounts as are made available for Federal land aged 12 to 17 rose by 70 percent, cocaine and that elementary and secondary school enroll- acquisition under that Act for fiscal year 2000. marijuana use by high school seniors rose 80 ment, already at a record high level, will con- SEC. 361. SENSE OF THE SENATE REGARDING percent, and heroin use by high school seniors tinue to grow over the next 10 years, and that SUPPORT FOR FEDERAL, STATE AND rose 100 percent; in order to accommodate this growth, the United LOCAL LAW ENFORCEMENT AND FOR (3) during this same period, the Federal in- States will need to build an additional 6,000 THE VIOLENT CRIME REDUCTION vestment in reducing the flow of drugs outside schools. TRUST FUND. our borders declined both in real dollars and as (7) The General Accounting Office has deter- (a) FINDINGS.—The Senate finds that— a proportion of the Federal drug control budget; mined that the cost of bringing schools up to (1) our Federal, State and local law enforce- (4) while the Federal Government works with good, overall condition to be $112,000,000,000, ment officers provide essential services that pre- State and local governments and numerous pri- not including the cost of modernizing schools to serve and protect our freedom and safety, and vate organizations to reduce the demand for ille- accommodate technology, or the cost of building with the support of Federal assistance such as gal drugs, seize drugs, and break down drug additional facilities needed to meet record en- the Local Law Enforcement Block Grant Pro- trafficking organizations within our borders, rollment levels. gram, the Juvenile Accountability Incentive only the Federal Government can seize and de- (8) Schools run by the Bureau of Indian Af- Block Grant Program, the COPS Program, and stroy drugs outside of our borders; fairs (BIA) for Native American children are the Byrne Grant Program, State and local law (5) in an effort to restore Federal inter- also in dire need of repair and renovation. The enforcement officers have succeeded in reducing national eradication and interdiction efforts, in General Accounting Office has reported that the the national scourge of violent crime, illustrated 1998, Congress passed the Western Hemisphere cost of total inventory repairs needed for BIA by a violent crime rate that has dropped in each Drug Elimination Act which authorized an ad- facilities is $754,000,000. The December 1997 re- of the past four years; ditional $2,600,000,000 over 3 years for inter- port by the Comptroller General of the United (2) assistance, such as the Violent Offender national interdiction, eradication, and alter- States states that, ‘‘Compared with other Incarceration/Truth in Sentencing Incentive native development activities; schools nationally, BIA schools are generally in Grants, provided to State corrections systems to (6) Congress appropriated over $800,000,000 in poorer physical condition, have more unsatis- encourage truth in sentencing laws for violent fiscal year 1999 for anti-drug activities author- factory environmental factors, more often lack offenders has resulted in longer time served by ized in the Western Hemisphere Drug Elimi- key facilities requirements for education reform, violent criminals and safer streets for law abid- nation Act; and and are less able to support computer and com- ing people across the Nation; (7) the proposed Drug Free Century Act would munications technology. (3) through a comprehensive effort by State build upon many of the initiatives authorized in (9) State and local financing mechanisms have and local law enforcement to attack violence the Western Hemisphere Drug Elimination Act, proven inadequate to meet the challenges facing against women, in concert with the efforts of including additional funding for the Depart- today’s aging school facilities. Large numbers of dedicated volunteers and professionals who pro- ment of Defense for counter-drug intelligence local educational agencies have difficulties se- vide victim services, shelter, counseling and ad- and related activities. curing financing for school facility improve- vocacy to battered women and their children, (b) SENSE OF THE SENATE.—It is the sense of ment. important strides have been made against the the Senate that the provisions of this resolution (10) The Federal Government has provided re- national scourge of violence against women; assume that— sources for school construction in the past. For (4) despite recent gains, the violent crime rate (1) funding for Federal drug control activities example, between 1933 and 1939, the Federal should be at a level higher than that proposed remains high by historical standards; Government assisted in 70 percent of all new (5) Federal efforts to investigate and prosecute in the President’s budget request for fiscal year school construction. 2000; and international terrorism and complex interstate (11) The Federal Government can support ele- and international crime are vital aspects of a (2) funding for Federal drug control activities mentary and secondary school facilities without should allow for investments in programs au- national anticrime strategy, and should be interfering in issues of local control, and should maintained; thorized in the Western Hemisphere Drug Elimi- help communities leverage additional funds for (6) the recent gains by Federal, State and nation Act and in the proposed Drug Free Cen- the improvement of elementary and secondary local law enforcement in the fight against vio- tury Act. school facilities. lent crime and violence against women are frag- SEC. 359. SENSE OF THE SENATE ON MODERN- (b) SENSE OF THE SENATE.—It is the sense of ile, and continued financial commitment from IZING AMERICA’S SCHOOLS. the Senate that the budgetary levels in this the Federal Government for funding and finan- (a) FINDINGS.—The Senate finds the following: budget resolution assume that Congress will cial assistance is required to sustain and build (1) The General Accounting Office has per- enact measures to assist school districts in mod- upon these gains; and formed a comprehensive survey of the Nation’s ernizing their facilities, including— public elementary and secondary school facili- (1) legislation to allow States and school dis- (7) the Violent Crime Reduction Trust Fund, ties and has found severe levels of disrepair in tricts to issue at least $24,800,000,000 worth of enacted as a part of the Violent Crime Control all areas of the United States. zero-interest bonds to rebuild and modernize our and Law Enforcement Act of 1994, funds the (2) The General Accounting Office has con- Nation’s schools, and to provide Federal income Violent Crime Control and Law Enforcement cluded that more than 14,000,000 children attend tax credits to the purchasers of those bonds in Act of 1994, the Violence against Women Act of schools in need of extensive repair or replace- lieu of interest payments; and 1994, and the Antiterrorism and Effective Death ment; 7,000,000 children attend schools with life (2) appropriate funding for the Education In- Penalty Act of 1996, without adding to the Fed- safety code violations; and 12,000,000 children frastructure Act of 1994 during the period 2000 eral budget deficit. attend schools with leaky roofs. through 2004, which would provide grants to (b) SENSE OF THE SENATE.—It is the sense of (3) The General Accounting Office has found local school districts for the repair, renovation the Senate that the provisions and the func- that the problem of crumbling schools tran- and construction of public school facilities. tional totals underlying this resolution assume that the Federal Government’s commitment to scends demographic and geographic boundaries. SEC. 360. SENSE OF THE SENATE CONCERNING At 38 percent of urban schools, 30 percent of FUNDING FOR THE LAND AND fund Federal law enforcement programs and rural schools, and 29 percent of suburban WATER CONSERVATION FUND. programs to assist State and local efforts to com- schools, at least 1 building is in need of exten- (a) FINDINGS.—The Senate finds that— bat violent crime shall be maintained, and that sive repair or should be completely replaced. (1) amounts in the land and water conserva- funding for the Violent Crime Reduction Trust (4) The condition of school facilities has a di- tion fund finance the primary Federal program Fund shall continue to at least fiscal year 2005. rect effect on the safety of students and teachers for acquiring land for conservation and recre- SEC. 362. SENSE OF THE SENATE REGARDING SO- and on the ability of students to learn. Aca- ation and for supporting State and local efforts CIAL SECURITY NOTCH BABIES. demic research has provided a direct correlation for conservation and recreation; (a) FINDINGS.—The Senate finds that— S4184 CONGRESSIONAL RECORD — SENATE April 26, 1999 (1) the Social Security Amendments of 1977 a rule relative to retirement, health, and life EC–2701. A communication from the Chair- (Public Law 95–216) substantially altered the insurance for certain employees of the Dis- man of the Council of the District of Colum- way Social Security benefits are computed; trict of Columbia (RIN3206–A155) received on bia, transmitting, pursuant to law, copies of (2) those amendments resulted in disparate April 5, 1999; to the Committee on Govern- D.C. Act 13–53 entitled ‘‘Community Develop- benefits depending upon the year in which a mental Affairs. ment Program Amendment Act of 1999’’ worker becomes eligible for benefits; and EC–2690. A communication from the Direc- adopted by the Council on March 2, 1999; to (3) those individuals born between the years tor, U.S. Office of Personnel Management, the Committee on Governmental Affairs. 1917 and 1926, and who are commonly referred transmitting, pursuant to law, the report of EC–2702. A communication from the Chair- to as ‘‘notch babies’’ receive benefits that are a rule entitled ‘‘Prevailing Rate Systems; man of the Council of the District of Colum- lower than those retirees who were born before Abolishment of the Orlando, Florida, Appro- bia, transmitting, pursuant to law, copies of or after those years. priated Fund Wage Area’’ (RIN3206–A104) re- D.C. Act 12–624 entitled ‘‘Solid Waste Facil- (b) SENSE OF THE SENATE.—It is the sense of ceived on April 12, 1999; to the Committee on ity Permit Amendment Act of 1998’’ adopted the Senate that the Congress should reevaluate Governmental Affairs. by the Council on January 5, 1999; to the the benefits of workers who attain age 65 after EC–2691. A communication from the Direc- Committee on Governmental Affairs. 1981 and before 1992. tor, U.S. Office of Personnel Management, EC–2703. A communication from the Chair- man of the Council of the District of Colum- f transmitting, pursuant to law, the report of a rule entitled ‘‘Prevailing Rate Systems; bia, transmitting, pursuant to law, copies of ENROLLED BILL PRESENTED Redifinition of the Orlando, Florida, Appro- D.C. Act 13–45 entitled ‘‘Motor Vehicle Ex- cessive Idling Fine Increase Temporary The Secretary of the Senate reported priated Fund Wage Area’’ (RIN3206–A113) re- ceived on April 12, 1999; to the Committee on Amendment Act of 1999’’ adopted by the that on Thursday, April 26, 1999, he had Governmental Affairs. Council on March 2, 1999; to the Committee presented to the President of the EC–2692. A communication from the Direc- on Governmental Affairs. United States, the following enrolled tor, Employment Service-Workforce Re- EC–2704. A communication from the Chair- bill: structuring Office, U.S. Office of Personnel man of the Council of the District of Colum- Management, transmitting, pursuant to law, bia, transmitting, pursuant to law, copies of S. 531. An act to authorize the President to D.C. Act 13–49 entitled ‘‘Approval of the Ap- the report of a rule entitled ‘‘Reduction in award a gold medal on behalf of the Congress plication of Control of District Cablevision Force Service Credit; Retention Records’’ to Rosa Parks in recognition of her contribu- Limited Partnership from Tele-Communica- (RIN3206–A109) received on April 6, 1999; to tion to the Nation. tions, Inc. to AT&T Corporation Temporary f the Committee on Governmental Affairs. EC–2693. A communication from the Chair- Act of 1999’’ adopted by the Council on man, Nuclear Regulatory Commission, trans- March 2, 1999; to the Committee on Govern- EXECUTIVE AND OTHER mental Affairs. mitting, pursuant to law, the annual report COMMUNICATIONS EC–2705. A communication from the Chair- for fiscal year 1998; to the Committee on The following communications were man of the Council of the District of Colum- Governmental Affairs. bia, transmitting, pursuant to law, copies of laid before the Senate, together with EC–2694. A communication from the Chair- D.C. Act 13–44 entitled ‘‘Lease Approval man of the Council of the District of Colum- accompanying papers, reports, and doc- Technical Amendment Act of 1999’’ adopted bia, transmitting, pursuant to law, copies of uments, which were referred as indi- by the Council on March 2, 1999; to the Com- D.C. Act 13–33, entitled ‘‘Potomac River cated: mittee on Governmental Affairs. Bridges Towing Compact Temporary Act of EC–2682. A communication from the Direc- 1999’’ adopted by the Council on February 2, f tor, Office of Personnel Management, trans- 1999; to the Committee on Governmental Af- mitting, pursuant to law, the report of a rule INTRODUCTION OF BILLS AND fairs. JOINT RESOLUTIONS entitled ‘‘Prevailing Rate Systems; Environ- EC–2695. A communication from the Chair- mental Differential Pay for Working at High man of the Council of the District of Colum- The following bills and joint resolu- Altitudes’’ (RIN3206–AI36) received on April bia, transmitting, pursuant to law, copies of tions were introduced, read the first 6, 1999; to the Committee on Governmental D.C. Act 13–40, entitled ‘‘Children’s Defense and second time by unanimous con- Affairs. Fund Equitable Real Property Tax Relief sent, and referred as indicated: EC–2683. A communication from the Direc- and Children’s Health Insurance Program tor, Office of Personnel Management, trans- By Mr. INOUYE: Authorization Emergency Act of 1998 Fiscal S. 874. A bill to repeal the reduction in the mitting, pursuant to law, the report of a rule Impact Temporary Amendment Act of 1999’’ entitled ‘‘Federal Employees Health Benefits deductible portion of expenses for business adopted by the Council on March 2, 1999; to meals and entertainment; to the Committee Program: Contributions and Withholdings’’ the Committee on Governmental Affairs. (RIN3206–AI33) received on April 6, 1999; to on Finance. EC–2696. A communication from the Chair- By Mr. ALLARD (for himself, Mr. the Committee on Governmental Affairs. man of the Council of the District of Colum- GRAMM, Mr. BENNETT, Mr. SHELBY, EC–2684. A communication from the Direc- bia, transmitting, pursuant to law, copies of Mr. ABRAHAM, Mr. HAGEL, Mr. ENZI, tor, Office of Personnel Management, trans- D.C. Act 12–634 entitled ‘‘District of Colum- mitting, pursuant to law, the annual report Mr. MACK, and Mr. GRAMS): bia Department of Health Functions Clari- S. 875. A bill to amend the Internal Rev- on drug and alcohol abuse prervention, treat- fication Temporary Act of 1999’’ adopted by enue Code of 1986 to expand S corporation ment and rehabilitation programs and serv- the Council on February 2, 1999; to the Com- eligibility for banks, and for other purposes; ices for Federal civilian employees for fiscal mittee on Governmental Affairs. to the Committee on Finance. year 1997; to the Committee on Govern- EC–2697. A communication from the Chair- By Mr. HOLLINGS: mental Affairs. man of the Council of the District of Colum- S. 876. A bill to amend the Communica- EC–2685. A communication from the Direc- bia, transmitting, pursuant to law, copies of tions Act of 1934 to require that the broad- tor, Office of Personnel Management, trans- D.C. Act 13–32 entitled ‘‘Omnibus Regulatory cast of violent video programming be limited mitting, a draft of proposed legislation rel- Reform Temporary Amendment Act of 1999’’ to hours when children are not reasonably ative to the Federal Executive Institute adopted by the Council on February 2, 1999; likely to comprise a substantial portion of Annex; to the Committee on Governmental to the Committee on Governmental Affairs. the audience; to the Committee on Com- Affairs. EC–2698. A communication from the Chair- merce, Science, and Transportation. EC–2686. A communication from the Chair- man of the Council of the District of Colum- By Mr. BROWNBACK (for himself, Mr. man, U.S. Merit Systems Protection Board, bia, transmitting, pursuant to law, copies of NICKLES, and Mr. CRAIG): transmitting, pursuant to law, the annual re- D.C. Act 13–34 entitled ‘‘Solid Waste Facility S. 877. A bill to encourage the provision of port for the fiscal year 1998; to the Com- Permit Temporary Amendment Act of 1999’’ advanced service, and for other purposes; to mittee on Governmental Affairs. adopted by the Council on February 2, 1999; the Committee on Commerce, Science, and EC–2687. A communication from the Chair- to the Committee on Governmental Affairs. Transportation. man, Occupational Safety and Health Review EC–2699. A communication from the Chair- By Mr. TORRICELLI (for himself, Mr. Commission, transmitting, pursuant to law, man of the Council of the District of Colum- MACK, Mr. GREGG, Mr. GRAHAM, Mr. the annual report for fiscal year 1998; to the bia, transmitting, pursuant to law, copies of MOYNIHAN, Mr. KERRY, Mrs. BOXER, Committee on Governmental Affairs. D.C. Act 13–48 entitled ‘‘Homestead Housing Mr. REED, Mrs. FEINSTEIN, and Mrs. EC–2688. A communication from the Direc- Preservation Amendment Act of 1999’’ adopt- MURRAY): tor, Employment Service, U.S. Office of Per- ed by the Council on March 2, 1999; to the S. 878. A bill to amend the Federal Water sonnel Management, transmitting, pursuant Committee on Governmental Affairs. Pollution Control Act to permit grants for to law, the report of a rule entitled ‘‘Tem- EC–2700. A communication from the Chair- the national estuary program to be used for porary and Term Employment’’ (RIN3206– man of the Council of the District of Colum- the development and implementation of a A145) received on April 6, 1999; to the Com- bia, transmitting, pursuant to law, copies of comprehensive conservation and manage- mittee on Governmental Affairs. D.C. Act 13–46 entitled ‘‘Tax Conformity ment plan, to reauthorize appropriations to EC–2689. A communication from the Direc- Temporary Act of 1999’’ adopted by the Coun- carry out the program, and for other pur- tor, U.S. Office of Personnel Management, cil on March 2, 1999; to the Committee on poses; to the Committee on Environment and transmitting, pursuant to law, the report of Governmental Affairs. Public Works. April 26, 1999 CONGRESSIONAL RECORD — SENATE S4185 By Mr. CONRAD (for himself, Mr. which previously relied heavily on Code of 1986 is amended by striking ‘‘ONLY 50 MACK, Mr. NICKLES, Mr. ROBB, and business lunches and dinners are being PERCENT’’ and inserting ‘‘PORTION’’. Mr. BAUCUS): adversely affected by the reduction in (d) EFFECTIVE DATE.—The amendments S. 879. A bill to amend the Internal Rev- business meals. For example: made by this section shall apply to taxable years beginning after December 31, 1998. enue Code of 1986 to provide a shorter recov- Currently, there are 23.3 million busi- ery period for the depreciation of certain leashold improvements; to the Committee on ness meal spenders in the U.S. down By Mr. ALLARD (for himself, Mr. Finance. from 25.3 million in 1989. GRAMM, Mr. BENNETT, Mr. The total economic impact on small By Mr. INHOFE: SHELBY, Mr. ABRAHAM, Mr. businesses of restoring the business S. 880. A bill to amend the Clean Air Act to HAGEL, Mr. ENZI, Mr. MACK, and remove flammable fuels from the list of sub- meal deductibility from 50 percent to Mr. GRAMS): stances with respect to which reporting and 80 percent ranges from $8 to $690 mil- S. 875. A bill to amend the Internal other activities are required under the risk lion, depending on the state. management plan program; to the Com- Revenue Code of 1986 to expand S cor- In Hawaii, the restaurant industry poration eligibility for banks, and for mittee on Environment and Public Works. alone employs 47,400 people and gen- f other purposes; to the Committee on erates $2 billion into the state’s econ- Finance. SUBMISSION OF CONCURRENT AND omy. An increase in the business meal tax deduction from 50 percent to 80 per- SMALL BUSINESS AND FINANCIAL INSTITUTIONS SENATE RESOLUTIONS TAX RELIEF ACT OF 1999 cent would result in a 13 percent in- Mr. ALLARD. Mr. President, today I The following concurrent resolutions crease in business meal spending in the am pleased to introduce legislation and Senate resolutions were read, and State of Hawaii. referred (or acted upon), as indicated: One issue of great importance to that will expand and improve Sub- By Ms. SNOWE (for herself, Mr. HELMS, business travelers is the deductibility chapter S of the Internal Revenue Mr. GRAMS, Mr. ROBB, Mr. DURBIN, of expenses, particularly the business Code. I am joined in this effort by Sen- Mr. EDWARDS, Mr. CLELAND, Mr. meal expense. ators GRAMM, BENNETT, SHELBY, ABRA- HATCH, Mr. TORRICELLI, Mr. MACK, Restauranteurs have reported lower HAM, HAGEL, ENZI, MACK, and GRAMS. Mr. CRAPO, Mr. GRAHAM, Mr. LAUTEN- The Subchapter S provisions of the BERG, and Mr. DODD): business meal sales forcing some res- taurants to close during luncheon Internal Revenue Code reflect the de- S. Res. 84. A resolution to designate the sire of Congress to eliminate the dou- month of May, 1999, as ‘‘National Alpha 1 hours and lay off employees which in Awareness Month’’; to the Committee on the turn adversely affects those employed ble tax burden on small business cor- Judiciary. in agriculture, food processing, and any porations. Pursuant to that desire, By Mr. TORRICELLI (for himself, Mr. businesses related to the restaurant Subchapter S has been liberalized a THOMAS, Mr. REED, Mr. HELMS, Mr. sector. number of times, most recently in 1996. WELLSTONE, Mr. COVERDELL, and Mr. With sales equaling more than 4 per- This legislation contains several provi- KERRY): sions that will make the Subchapter S S. Res. 85. A resolution supporting the ef- cent of the U.S. gross domestic prod- uct, and more than 10.2 million persons election more widely available to small forts of the people of Indonesia in achieving businesses in all sectors. It also con- a transition to genuine democracy, and for employed in the industry, the res- other purposes; to the Committee on Foreign taurant business is obviously very im- tains several provisions of particular Relations. portant to the economic foundation of benefit to community banks that may f America. The 50 percent deduction has be contemplating a conversion to Sub- adversely affected the restaurant and chapter S. Financial institutions were STATEMENTS ON INTRODUCED entertainment industry and resulted in first made eligible for the Subchapter BILLS AND JOINT RESOLUTIONS detrimental factors for the U.S. econ- S election in 1996. This legislation By Mr. INOUYE: omy as a whole. I urge my colleagues builds on and clarifies the Subchapter S. 874. A bill to repeal the reduction to join me in cosponsoring this impor- S provisions applicable to financial in- in the deductible portion of expenses tant legislation. stitutions. for business meals and entertainment; Mr. President, I ask unanimous con- Mr. President, I ask unanimous con- to the Committee on Finance. sent that the bill text be printed in the sent that the text of the bill and the REPEAL THE REDUCTION IN BUSINESS MEALS RECORD. attached explanation of the provisions AND ENTERTAINMENT TAX DEDUCTION There being no objection, the bill was of the bill be printed in the RECORD. Mr. INOUYE. Mr. President, I rise to ordered to be printed in the RECORD, as There being no objection, the mate- introduce legislation to repeal the cur- follows: rial was ordered to be printed in the rent fifty percent tax deduction for S. 874 RECORD, as follows: business meals and entertainment ex- Be it enacted by the Senate and House of Rep- S. 875 penses, and to gradually restore the resentatives of the United States of America in Be it enacted by the Senate and House of Rep- tax deduction to 80 percent over a five- Congress assembled, resentatives of the United States of America in year period. Restoration of this deduc- SECTION 1. REPEAL OF REDUCTION IN BUSINESS Congress assembled, MEALS AND ENTERTAINMENT TAX tion is essential to the livelihood of the SECTION 1. SHORT TITLE. DEDUCTION. This Act may be cited as the ‘‘Small Busi- food service, travel, tourism, and en- (a) IN GENERAL.—Section 274(n)(1) of the ness and Financial Institutions Tax Relief Internal Revenue Code of 1986 (relating to tertainment industries throughout the Act of 1999’’. United States. These industries are only 50 percent of meal and entertainment expenses allowed as deduction) is amended SEC. 2. EXPANSION OF S CORPORATION ELIGI- being economically harmed as a result BLE SHAREHOLDERS TO INCLUDE by striking ‘‘50 percent’’ and inserting ‘‘the of the 50 percent tax deduction. IRAS. applicable percentage’’. (a) IN GENERAL.—Section 1361(c)(2)(A) of The deduction for business meals and (b) APPLICABLE PERCENTAGE.—Section the Internal Revenue Code of 1986 (relating entertainment was reduced from 80 per- 274(n) of the Internal Revenue Code of 1986 is to certain trusts permitted as shareholders) cent to 50 percent under the Omnibus amended by striking paragraph (3) and in- is amended by inserting after clause (v) the Budget Reconciliation Act of 1993, and serting the following: following: ‘‘(3) APPLICABLE PERCENTAGE.—For pur- went into effect on January 1, 1994. ‘‘(vi) A trust which constitutes an indi- poses of paragraph (1), the term ‘applicable Many companies, small and large, have vidual retirement account under section percentage’ means the percentage deter- changed their policies and guidelines 408(a), including one designated as a Roth mined under the following table: on travel and entertainment expenses IRA under section 408A.’’ ‘‘For taxable years as a result of this reduction. Addition- (b) TREATMENT AS SHAREHOLDER.—Section beginning— The applicable 1361(c)(2)(B) of the Internal Revenue Code of ally, businesses have been forced to in calendar year— percentage is— curtail company reimbursement poli- 1999 ...... 56 1986 (relating to treatment as shareholders) cies because of the reduction in busi- 2000 ...... 62 is amended by adding at the end the fol- lowing: ness meals and entertainment ex- 2001 ...... 68 2002 ...... 74 ‘‘(vi) In the case of a trust described in penses. In some cases, businesses have 2003 or thereafter ...... 80.’’ clause (vi) of subparagraph (A), the indi- even eliminated their expense ac- (c) CONFORMING AMENDMENT.—The heading vidual for whose benefit the trust was cre- counts. Consequently, restaurants for section 274(n) of the Internal Revenue ated shall be treated as a shareholder.’’ S4186 CONGRESSIONAL RECORD — SENATE April 26, 1999

(c) SALE OF STOCK IN IRA RELATING TO S made by the corporation with respect to percent shareholder’ means any person who CORPORATION ELECTION EXEMPT FROM PRO- qualifying director shares shall be includible owns (or is considered as owning within the HIBITED TRANSACTION RULES.—Section 4975(d) as ordinary income of the holder and deduct- meaning of section 318) on any day during of the Internal Revenue Code of 1986 (relat- ible to the corporation as an expense in com- the taxable year of the S corporation more ing to exemptions) is amended by striking puting taxable income under section 1363(b) than 2 percent of the outstanding stock of ‘‘or’’ at the end of paragraph (14), by striking in the year such distribution is received.’’ such corporation or stock possessing more the period at the end of paragraph (15) and (b) CONFORMING AMENDMENTS.— than 2 percent of the total combined voting inserting ‘‘; or’’, and by adding at the end the (1) Section 1361(b)(1) of the Internal Rev- power of all stock of such corporation.’’ following: enue Code of 1986 is amended by inserting ‘‘, (c) CONFORMING AMENDMENT.—The table of ‘‘(16) a sale of stock held by a trust which except as provided in subsection (f),’’ before sections for part III of subchapter S of chap- constitutes an individual retirement account ‘‘which does not’’. ter 1 of the Internal Revenue Code of 1986 is under section 408(a) to the individual for (2) Section 1366(a) of such Code is amended amended by striking the item relating to whose benefit such account is established if by adding at the end the following: section 1372. such sale is pursuant to an election under ‘‘(3) ALLOCATION WITH RESPECT TO QUALI- (d) EFFECTIVE DATE.—The amendments section 1362(a).’’ FYING DIRECTOR SHARES.—The holders of made by this section shall apply to taxable (d) EFFECTIVE DATE.—The amendments qualifying director shares (as defined in sec- years beginning after December 31, 1999. made by this section shall apply to taxable tion 1361(f)) shall not, with respect to such SEC. 9. EXPANSION OF S CORPORATION ELIGI- years beginning after December 31, 1999. shares of stock, be allocated any of the items BLE SHAREHOLDERS TO INCLUDE FAMILY LIMITED PARTNERSHIPS. SEC. 3. EXCLUSION OF INVESTMENT SECURITIES described in paragraph (1).’’ N ENERAL INCOME FROM PASSIVE INCOME (3) Section 1373(a) of such Code is amended (a) I G .—Section 1361(b)(1)(B) of TEST FOR BANK S CORPORATIONS. by striking ‘‘and’’ at the end of paragraph the Internal Revenue Code of 1986 (defining (a) IN GENERAL.—Section 1362(d)(3)(C) of (1), by striking the period at the end of para- small business corporation) is amended— the Internal Revenue Code of 1986 (defining graph (2) and inserting ‘‘, and’’, and adding (1) by striking ‘‘or an organization’’ and in- passive investment income) is amended by at the end the following: serting ‘‘an organization’’, and adding at the end the following: ‘‘(3) no amount of an expense deductible (2) by inserting ‘‘, or a family partnership ‘‘(v) EXCEPTION FOR BANKS; ETC.—In the under this subchapter by reason of section described in subsection (c)(8)’’ after ‘‘sub- case of a bank (as defined in section 581), a 1361(f)(3) shall be apportioned or allocated to section (c)(6)’’. AMILY PARTNERSHIP.—Section 1361(c) bank holding company (as defined in section such income.’’ (b) F of the Internal Revenue Code of 1986 (relat- 246A(c)(3)(B)(ii)), or a qualified subchapter S (c) EFFECTIVE DATE.—The amendments ing to special rules for applying subsection subsidiary bank, the term ‘passive invest- made by this section shall apply to taxable (b)), as amended by section 5, is amended by ment income’ shall not include— years beginning after December 31, 1996. adding at the end the following: ‘‘(I) interest income earned by such bank, SEC. 6. BAD DEBT CHARGE OFFS IN YEARS AFTER ‘‘(8) FAMILY PARTNERSHIPS.— bank holding company, or qualified sub- ELECTION YEAR TREATED AS ITEMS ‘‘(A) IN GENERAL.—For purposes of sub- chapter S subsidiary bank, or OF BUILT–IN LOSS. section (b)(1)(B), any partnership or limited ‘‘(II) dividends on assets required to be The Secretary of the Treasury shall modify liability company may be a shareholder in held by such bank, bank holding company, or Regulation 1.1374–4(f) for S corporation elec- an S corporation if— qualified subchapter S subsidiary bank to tions made in taxable years beginning after ‘‘(i) all partners or members are members conduct a banking business, including stock December 31, 1996, with respect to bad debt of 1 family as determined under section in the Federal Reserve Bank, the Federal deductions under section 166 of the Internal 704(e)(3), and Home Loan Bank, or the Federal Agricul- Revenue Code of 1986 to treat such deduc- ‘‘(ii) all of the partners or members would tural Mortgage Bank or participation certifi- tions as built–in losses under section otherwise be eligible shareholders of an S cates issued by a Federal Intermediate Cred- 1374(d)(4) of such Code during the entire pe- corporation. it Bank.’’ riod during which the bank recognizes built- in gains from changing its accounting meth- ‘‘(B) TREATMENT AS SHAREHOLDERS.—For (b) EFFECTIVE DATE.—The amendment purposes of subsection (b)(1)(A), in the case made by this section shall apply to taxable od for recognizing bad debts from the reserve of a partnership or limited liability company years beginning after December 31, 1996. method under section 585 of such Code to the charge-off method under section 166 of such described in subparagraph (A), each partner SEC. 4. INCREASE IN NUMBER OF ELIGIBLE Code. or member shall be treated as a share- SHAREHOLDERS TO 150. SEC. 7. INCLUSION OF BANKS IN 3-YEAR S COR- holder.’’ N ENERAL (a) I G .—Section 1361(b)(1)(A) of PORATION RULE FOR CORPORATE (c) EFFECTIVE DATE.—The amendments the Internal Revenue Code of 1986 (defining PREFERENCE ITEMS. made by this section shall apply to taxable small business corporation) is amended by (a) IN GENERAL.—Section 1363(b) of the In- years beginning after December 31, 1999. striking ‘‘75’’ and inserting ‘‘150’’. ternal Revenue Code of 1986 (relating to com- SEC. 10. ISSUANCE OF PREFERRED STOCK PER- (b) EFFECTIVE DATE.—The amendment putation of corporation’s taxable income) is MITTED. made by this section shall apply to taxable amended by adding at the end the following (a) IN GENERAL.—Section 1361 of the Inter- years beginning after December 31, 1999. new flush sentence: nal Revenue Code of 1986, as amended by sec- SEC. 5. TREATMENT OF QUALIFYING DIRECTOR ‘‘Paragraph (4) shall apply to any bank tion 5(a), is amended by adding at the end SHARES. whether such bank is an S corporation or a the following: (a) IN GENERAL.—Section 1361 of the Inter- qualified subchapter S subsidiary.’’ ‘‘(g) TREATMENT OF QUALIFIED PREFERRED nal Revenue Code of 1986 is amended by add- (b) EFFECTIVE DATE.—The amendment STOCK.— ing at the end the following: made by this section shall apply to taxable ‘‘(1) IN GENERAL.—For purposes of this ‘‘(f) TREATMENT OF QUALIFYING DIRECTOR years beginning after December 31, 1999. subchapter— SHARES.— SEC. 8. C CORPORATION RULES TO APPLY FOR ‘‘(A) qualified preferred stock shall not be ‘‘(1) IN GENERAL.—For purposes of this FRINGE BENEFIT PURPOSES. treated as a second class of stock, and subchapter— (a) IN GENERAL.—Section 1372 of the Inter- ‘‘(B) no person shall be treated as a share- ‘‘(A) qualifying director shares shall not be nal Revenue Code of 1986 (relating to part- holder of the corporation by reason of hold- treated as a second class of stock, and nership rules to apply for fringe benefit pur- ing qualified preferred stock. ‘‘(B) no person shall be treated as a share- poses) is repealed. ‘‘(2) QUALIFIED PREFERRED STOCK DE- holder of the corporation by reason of hold- (b) PARTNERSHIP RULES TO APPLY FOR FINED.—For purposes of this subsection, the ing qualifying director shares. HEALTH INSURANCE COSTS OF CERTAIN S COR- term ‘qualified preferred stock’ means stock ‘‘(2) QUALIFYING DIRECTOR SHARES DE- PORATION SHAREHOLDERS.—Paragraph (5) of which meets the requirements of subpara- FINED.—For purposes of this subsection, the section 162(1) of the Internal Revenue Code of graphs (A), (B), and (C) of section 1504(a)(4). term ‘qualifying director shares’ means any 1986 is amended to read as follows: Stock shall not fail to be treated as qualified shares of stock in a bank (as defined in sec- ‘‘(5) TREATMENT OF CERTAIN S CORPORATION preferred stock solely because it is convert- tion 581) or in a bank holding company reg- SHAREHOLDERS.— ible into other stock. istered as such with the Federal Reserve ‘‘(A) IN GENERAL.—This subsection shall ‘‘(3) DISTRIBUTIONS.—A distribution (not in System— apply in the case of any 2-percent share- part or full payment in exchange for stock) ‘‘(i) which are held by an individual solely holder of an S corporation, except that— made by the corporation with respect to by reason of status as a director of such bank ‘‘(i) for purposes of this subsection, such qualified preferred stock shall be includible or company or its controlled subsidiary; and shareholder’s wages (as defined in section as ordinary income of the holder and deduct- ‘‘(ii) which are subject to an agreement 3121) from the S corporation shall be treated ible to the corporation as an expense in com- pursuant to which the holder is required to as such shareholder’s earned income (within puting taxable income under section 1363(b) dispose of the shares of stock upon termi- the meaning of section 401(c)(1)), and in the year such distribution is received.’’ nation of the holder’s status as a director at ‘‘(ii) there shall be such adjustments in the (b) CONFORMING AMENDMENTS.— the same price as the individual acquired application of this subsection as the Sec- (1) Section 1361(b)(1) of the Internal Rev- such shares of stock. retary may by regulations prescribe. enue Code of 1986, as amended by section ‘‘(3) DISTRIBUTIONS.—A distribution (not in ‘‘(B) 2-PERCENT SHAREHOLDER DEFINED.— 5(b)(1), is amended by striking ‘‘subsection part or full payment in exchange for stock) For purposes of this paragraph, the term ‘2- (f)’’ and inserting ‘‘subsections (f) and (g)’’. April 26, 1999 CONGRESSIONAL RECORD — SENATE S4187 (2) Section 1366(a) of such Code, as amend- the term ‘nonconsenting shareholder stock’ number of years that the accumulated bad ed by section 5(b)(2), is amended by adding at means stock of an S corporation which is debt reserve must be recaptured (four years) the end the following: held by a shareholder who did not consent to for built in gains tax purposes. This provi- ‘‘(4) ALLOCATION WITH RESPECT TO QUALI- an election under section 1362(a) with respect sion is necessary to properly match built in FIED PREFERRED STOCK.—The holders of to such S corporation. gains and losses relating to accounting for qualified preferred stock (as defined in sec- ‘‘(3) DISTRIBUTIONS.—A distribution (not in bad debts. Banks that are converting to S tion 1361(g)) shall not, with respect to such part or full payment in exchange for stock) corporations must convert from the reserve stock, be allocated any of the items de- made by the corporation with respect to non- method of accounting to the specific charge scribed in paragraph (1).’’ consenting shareholder stock shall be includ- off method and the recapture of the accumu- (3) Section 1373(a)(3) of such Code, as added ible as ordinary income of the holder and de- lated bad debt reserve is built in gain. Pres- by section 5(b)(3), is amended by inserting ductible to the corporation as an expense in ently the presumption that a bad debt ‘‘or 1361(g)(3)’’ after ‘‘section 1361(f)(3)’’. computing taxable income under section charge off is a built in loss applies only to (c) EFFECTIVE DATE.—The amendments 1363(b) in the year such distribution is re- the first S corporation year. made by this section shall apply to taxable ceived.’’ Clarifies that the general 3 Year S corpora- years beginning after December 31, 1999. (2) CONFORMING AMENDMENT.—Section tion rule for certain ‘‘preference’’ items ap- SEC. 11. CONSENT TO ELECTIONS. 1361(b)(1) of the Internal Revenue Code of plies to interest deductions by S corporation (a) 90 PERCENT OF SHARES REQUIRED FOR 1986, as amended by section 10(b)(1), is banks, thereby providing equitable treat- CONSENT TO ELECTION.—Section 1362(a)(2) of amended by striking ‘‘subsections (f) and ment for S corporation banks. S corpora- the Internal Revenue Code of 1986 (relating (g)’’ and inserting ‘‘subsections (f), (g), and tions that convert from C corporations are to all shareholders must consent to election) (h)’’. denied certain interest deductions (pref- is amended— (d) EFFECTIVE DATE.—The amendments erence items) for up to 3 years after the con- (1) by striking ‘‘all persons who are share- made by this section shall apply to elections version, at the end of three years the deduc- holders in’’ and inserting ‘‘shareholders hold- made in taxable years beginning after De- tions are allowed. ing at least 90 percent of the shares of’’, and cember 31, 1999. Provides that non-health care related (2) by striking ‘‘ALL SHAREHOLDERS’’ in the SEC. 12. INFORMATION RETURNS FOR QUALIFIED fringe benefits such as group-term life insur- heading and inserting ‘‘AT LEAST 90 PERCENT SUBCHAPTER S SUBSIDIARIES. ance will be excludable from wages for OF SHARES’’. (a) IN GENERAL.—Section 1361(b)(3)(A) of ‘‘more-than-two-percent’’ shareholders. Cur- (b) RULES FOR CONSENT.—Section 1362(a) of the Internal Revenue Code of 1986 (relating rent law taxes the fringe benefits of these the Internal Revenue Code of 1986 (relating to treatment of certain wholly owned sub- shareholders. Health care related benefits to election) is amended by adding at the end sidiaries) is amended by inserting ‘‘and in are not included because their deductibility the following: the case of information returns required would increase the revenue impact of the ‘‘(3) RULES FOR CONSENT.—For purposes of under part III of subchapter A of chapter 61’’ legislation. making any consent required under para- after ‘‘Secretary’’. Permits Family Limited Partnerships to graph (2) or subsection (d)(1)(B)— (b) EFFECTIVE DATE.—The amendment be shareholders in Subchapter S corpora- ‘‘(A) each joint owner of shares shall con- made by this section shall apply to taxable tions. Many family owned small businesses sent with respect to such shares, years beginning after December 31, 1999. are organized as Family Limited Partner- ‘‘(B) the personal representative or other ships or controlled by Family Limited Part- fiduciary authorized to act on behalf of the SMALL BUSINESS AND FINANCIAL INSTITUTIONS nerships for a variety of reasons. A number estate of a deceased individual shall consent TAX RELIEF ACT OF 1999—LEGISLATION TO of small banks have Family Limited Part- for the estate, REDUCE THE FEDERAL TAX BURDEN ON nership shareholders, and this legislation ‘‘(C) one parent, the custodian, the guard- SMALL BANKS would for the first time permit those part- ian, or the conservator shall consent with re- This legislation expands Subchapter S of nerships to be S corporation shareholders. spect to shares owned by a minor or subject the IRS Code. Subchapter S corporations do Permits S corporations to issue preferred to a custodianship, guardianship, con- not pay corporate income taxes, earnings are stock in addition to common. Prohibited servatorship, or similar arrangement, passed through to the shareholders where in- under current law which permits S corpora- ‘‘(D) the trustee of a trust shall consent come taxes are paid, eliminating the double tions to have only one class of stock. Be- with respect to shares owned in trust, taxation of corporations. By contrast, Sub- cause of limitations on the number of com- ‘‘(E) the trustee of the estate of a bankrupt chapter C corporations pay corporate income mon shareholders, banks need to be able to individual shall consent for shares owned by taxes on earnings, and shareholders pay in- issue preferred stock in order to have ade- a bankruptcy estate, come taxes again on those same earnings quate access to equity. ‘‘(F) an authorized officer or the trustee of when they pass through as dividends. Sub- Reduces the required level of shareholder an organization described in subsection (c)(6) chapter S of the IRS Code was enacted in consent to convert to an S corporation from shall consent for the shares owned by such 1958 to reduce the tax burden on small busi- unanimous to 90 percent of shares. Non-con- organization, and ness. The Subchapter S provisions have been senting shareholders retain their stock, with ‘‘(G) in the case of a partnership or limited liberalized a number of times over the last such stock treated as C corporation stock. liability company described in subsection two decades, significantly in 1982, and again The procedures for consent are clarified in (c)(8)— in 1996. This reflects a desire on the part of order to streamline the process. ‘‘(i) all general partners shall consent with Congress to reduce taxes on small business. Clarifies that Qualified Subchapter S Sub- respect to shares owned by such partnership, This S corporation legislation would ben- sidiaries (QSSS) provide information returns ‘‘(ii) all managers shall consent with re- efit many small businesses, but its provi- under their own tax id number. This can help spect to shares owned by such company if sions are particularly applicable to banks. avoid confusion by depositors and other par- management of such company is vested in 1 Congress made S corporation status avail- ties over the insurance of deposits and the or more managers, and able to small banks for the first time in the payer of salaries and interest. ‘‘(iii) all members shall consent with re- 1996 ‘‘Small Business Job Protection Act’’ spect to shares owned by such company if but many banks are having trouble quali- By Mr. HOLLINGS: management of such company is vested in fying under the current rules. The proposed S. 876. A bill to amend the Commu- the members.’’ legislation: nications Act of 1934 to require that (c) TREATMENT OF NONCONSENTING SHARE- Permits S corporation shares to be held as the broadcast of violent video program- HOLDER STOCK.— Individual Retirement Accounts (IRAs), and (1) IN GENERAL.—Section 1361 of the Inter- permits IRA shareholders to purchase their ming be limited to hours when children nal Revenue Code of 1986, as amended by sec- shares from the IRA in order to facilitate a are not reasonably likely to comprise a tion 10(a), is amended by adding at the end Subchapter S election. substantial portion of the audience; to the following: Clarifies that interest and dividends on in- the Committee on Commerce, Science, ‘‘(h) TREATMENT OF NONCONSENTING SHARE- vestments maintained by a bank for liquid- and Transportation. HOLDER STOCK.— ity and safety and soundness purposes shall CHILDREN’S PROTECTION FROM VIOLENT ‘‘(1) IN GENERAL.—For purposes of this not be ‘‘passive’’ income. This is necessary PROGRAMMING ACT subchapter— because S corporations are restricted in the ‘‘(A) nonconsenting shareholder stock shall amount of passive investment income they Mr. HOLLINGS. Mr. President, I rise not be treated as a second class of stock, may generate. to offer legislation to help parents ‘‘(B) such stock shall be treated as C cor- Increases the number of S corporation eli- limit the amount of television violence poration stock, and gible shareholders from 75 to 150. coming into their homes. We have re- ‘‘(C) the shareholder’s pro rata share under Provides that any stock that bank direc- viewed this issue for decades and the section 1366(a)(1) with respect to such stock tors must hold under banking regulations analysis has not changed. All of the as- shall be subject to tax paid by the S corpora- shall not be a disqualifying second class of surances and promises have been insuf- tion at the highest rate of tax specified in stock. This is necessary because S corpora- section 11(b). tions are permitted only one class of stock. ficient to protect our children from the ‘‘(2) NONCONSENTING SHAREHOLDER STOCK Permits banks to treat bad debt charge dangerous influence of television vio- DEFINED.—For purposes of this subsection, offs as items of built in loss over the same lence. S4188 CONGRESSIONAL RECORD — SENATE April 26, 1999 The bill that I introduce today re- But I’m not convinced. We should not (6) Children exposed to violent video pro- quires a safeharbor time period during forbear from protecting our children. gramming have an increased fear of becom- which broadcasters and basic cable pro- Besides, the ratings system is incom- ing a victim of violence, resulting in in- grammers would not be permitted to plete. For example, one major broad- creased self-protective behaviors, resulting in increased self-protective behaviors and in- transmit violent programming. The cast network refuses to this day to use creased mistrust of others. legislation directs the Federal Commu- content ratings, and one major cable (7) There is a compelling governmental in- nications Commission to develop an channel refuses to use any ratings at terest in limiting the negative influences of appropriate safeharbor time period to all. We all know what is going on violent video programming on children. protect television audiences that are here—money talks and violence sells. A (8) There is a compelling governmental in- likely to be comprised of a substantial recent article in USA Today illustrates terest in channeling programming with vio- number of children. this point. Entitled ‘‘TV Violence for lent content to periods of the day when chil- Profit,’’ the article reports that some dren are not likely to comprise a substantial We can argue all day long about portion of the television audience. which study reaches what conclusion TV networks and basic cable channels (9) Because some programming that is about the impacts of television vio- increase the amount of violent pro- readily accessible to minors remains unrated lence. But it defies common sense to gramming during ‘‘sweeps—the key and therefore cannot be blocked solely on believe that television violence does months when Nielson measures audi- the basis of its violent content, restricting not impact our kids in some adverse ence size in every market.’’ the hours when violent video programming is way. Even the National Cable Tele- Regardless, even if the industry is shown is the least restrictive and most nar- vision Association’s own study on tele- right that the V-Chip will eventually rowly tailored means to achieve a compel- ling governmental interest. vision violence states that the ‘‘evi- be the magic solution, we all know (10) Warning labels about the violent con- dence of the harmful effects associated that thousands, and perhaps millions of tent of video programming will not in them- with televised violence’’ is ‘‘firmly es- families, will be without a V-chip for selves prevent children from watching vio- tablished.’’ years. The V-chip is not required by lent video programming. The recent events in Littleton, Colo- the FCC to be manufactured in all tele- (11) Although many programs are now sub- rado serve to highlight the sad and un- vision until January 1, 2000. Will every ject to both age-based and content-based rat- fortunate fact that violence in our cul- parent go to Circuit City on New ings, some broadcast and non-premium cable Year’s day and buy a new TV with a V- programs remain unrated with respect to the ture is begetting violence by our content of their programming. youths. violence is everywhere, it is chip? Of course not. The V-Chip is not (12) Technology-based solutions may be readily accessible, and, to make mat- a complete solution. The only complete helpful in protecting some children, but may ters worse, it is a source of corporate solution is a safeharbor. not be effective in achieving the compelling profits. A recent Washington Post arti- To conclude, I want to stress that governmental interest in protecting all chil- cle entitled, ‘‘When Death Imitates this is an issue about accountability dren from violent programming when par- Art,’’ made this very point. It states: and responsibility. Those responsible ents are only able to block programming that has in fact been rated for violence. For young people, the culture at large is for supplying video programming have been granted a public trust through the (13) Technology-based solutions will not be bathed in blood and violence . . . where the installed in all newly manufactured tele- more extreme the message, the more over availability of broadcast spectrum and visions until January 1, 2000. the top gruesomeness, the better. . . . Film, FCC licenses to deliver their program- (14) Even though technology-based solu- television, music, dress, technology, games: ming to America’s children. They tions will be readily available, many con- They’ve become one giant playground filled should be responsible in their program- sumers of video programming will not actu- with accessible evil, darker than ever before. ming choices. We know, however, that ally own such technology for several years While we know we can’t regulate market forces may encourage them to and therefore will be unable to take advan- every market and every technology, be irresponsible and transmit excessive tage of content based ratings to prevent their children from watching violent pro- and don’t want to, we also know that violent programming. We in the Con- the purveyors of violence must be held gramming. gress therefore have a responsibility to (15) In light of the fact that some program- accountable in those instances when hold them accountable. This legisla- ming remains unrated for content, and given we can do so, consistent with our val- tion does just that. that many consumers will not have blocking ues and our Constitution. One way to Mr. President, I ask unanimous con- technology in the near future, the chan- do this is through television program- sent that the text of the bill be printed neling of violent programming is the least ming. in the RECORD. restrictive means to limit the exposure of This approach has already been suc- There being no objection, the bill was children to the harmful influences of violent programming. cessfully applied to television with re- ordered to be printed in the RECORD, as spect to indecent programming, for (16) Restricting the hours when violent follows: programming can be shown protects the in- which a safeharbor has been on the S. 876 terests of children whose parents are un- books since 1992—an approach that the Be it enacted by the Senate and House of Rep- available, are unable to supervise their chil- D.C. Circuit has validated. I am con- resentatives of the United states of America in dren’s viewing behavior, do not have the ben- fident that a similar result would be Congress assembled, efit of technology-based solutions, are un- obtained if the video programming in- SECTION 1. SHORT TITLE. able to afford the costs of technology-based dustry or First Amendment advocates This Act may be cited as the ‘‘Children’s solution, or are unable to determine the con- were to attack this legislation that I Protection from Violent Programming Act’’. tent of those shows that are only subject to introduce today. Indeed, prior legisla- SEC. 2. FINDINGS. age-based ratings. tive history also substantiates the con- The Congress makes the following findings: SEC. 3. UNLAWFUL DISTRIBUTION OF VIOLENT (1) Television influences the perception VIDEO PROGRAMMING. stitutionality of my approach. In 1993, children have of the values and behavior that Title VII of the Communications Act of when I introduced my safeharbor legis- are common and acceptable in society. 1934 (47 U.S.C. 701 et seq.) is amended by add- lation for the first time, the Commerce (2) Broadcast television, cable television, ing at the end the following: Committee held a hearing at which At- and video programming are— ‘‘SEC. 715. UNLAWFUL DISTRIBUTION OF VIO- torney General Janet Reno and FCC (A) pervasive presences in the lives of all LENT VIDEO PROGRAMMING NOT Commissioner Reed Hundt both testi- American children; and SPECIFICALLY BLOCKABLE BY (B) readily accessible to all American chil- ELECTRONIC MEANS. fied that the bill was constitutional. dren. ‘‘(a) UNLAWFUL DISTRIBUTION.—It shall be Now, I know that there will be oppo- (3) Violent video programming influences unlawful for any person to distribute to the nents of this legislation who will state children, as does indecent programming. public any violent video programming dur- that the ratings system is working, (4) There is empirical evidence that chil- ing hours when children are reasonably like- that the V-chip is being deployed, and dren exposed to violent video programming ly to comprise a substantial portion of the that our parents are being armed with at a young age have a higher tendency to en- audience. the tools to protect their children from gage in violent and aggressive behavior later ‘‘(b) RULEMAKING PROCEEDING.—The Com- in life than those children not so exposed. mission shall conduct a rulemaking pro- television violence. I also know that (5) Children exposed to violent video pro- ceeding to implement the provisions of this some Senators wrote a letter in July gramming are prone to assume that acts of section and shall promulgate final regula- 1997, suggesting that the government violence are acceptable behavior and there- tions pursuant to that proceeding not later forbear from regulation TV violence. fore to imitate such behavior. than 9 months after the date of enactment of April 26, 1999 CONGRESSIONAL RECORD — SENATE S4189 the Children’s Protection from Violent Pro- Broadband connections, on the other vision of advanced services available to gramming Act. As part of that proceeding, hand, provide ultra-fast access to the competitors. Second, the prices for ad- the Commission— Internet. With a broadband connection, vanced services offered by incumbent ‘‘(1) may exempt from the prohibition users may download and upload data local exchange carriers that face com- under subsection (a) programming (including petition in the provision of such serv- news programs and sporting events) whose from and to the Internet at substan- distribution does not conflict with the objec- tially greater speeds than with a ices will be deregulated. Third, where tive of protecting children from the negative narrowband connection. From incumbent local exchange carriers are influences of violent video programming, as downloading full-motion video to offering advanced services but do not that objective is reflected in the findings in uploading an architect’s plans, face competition, the companies will section 551(a) of the Telecommunications broadband permits consumers to utilize receive pricing flexibility. Fourth, Act of 1996; many more applications that will in- competitive local exchange carriers ‘‘(2) shall exempt premium and pay-per- crease the value of the Internet as a will not be required to resell their ad- view cable programming; and vanced services. ‘‘(3) shall define the term ‘hours when chil- communications medium. The technology to provide broadband Mr. President, the ubiquity of our na- dren are reasonably likely to comprise a sub- tion’s telephone network presents us stantial portion of the audience’ and the connections to the Internet is a re- term ‘violent video programming’. ality. Cable companies are deploying with a tremendous opportunity to de- ‘‘(c) REPEAT VIOLATIONS.—If a person re- hybrid fiber-coax (HFC) networks that liver high-speed Internet access to our peatedly violates this section or any regula- will enable cable modems to provide rural constituents at a pace com- tion promulgated under this section, the high-speed Internet access. In addition, parable with the rate at which urban Commission shall, after notice and oppor- telephone companies have discovered a and suburban consumers will be offered tunity for hearing, revoke any license issued way to provide high-speed Internet ac- such service. But to realize this goal, to that person under this Act. we must remove unnecessary regula- ‘‘(d) CONSIDERATION OF VIOLATIONS IN LI- cess over their copper-based telephone loops. With the addition of a digital tion that has impeded the rapid deploy- CENSE RENEWALS.—The Commission shall ment of broadband networks. Advanced consider, among the elements in its review of switch in a telephone company’s cen- an application for renewal of a license under tral office, a digital modem at a cus- services should not be regulated in the this Act, whether the licensee has complied tomer’s premises, and the conditioning same manner as basic telephone serv- with this section and the regulations pro- of a copper loop, consumers may obtain ice. Broadband services are an entirely mulgated under this section. access to the Internet at more than ten new market, one in which no company ‘‘(e) DISTRIBUTE DEFINED.—In this section, can exercise market power. time the speed of narrowband connec- the term ‘distribute’ means to send, trans- In the absence of market power, the tions. mit, retransmit, telecast, broadcast, or ca- incumbents should not have to resell The most promising technology em- blecast, including by wire, microwave, or their advanced services or provide com- ployed by telephone companies for resi- satellite.’’. petitors with access to unbundled ad- dential high-speed Internet access is SEC. 4. SEPARABILITY. vanced service elements. And pricing digital subscriber line (DSL) tech- If any provision of this Act, or any provi- regulations applied to telephone serv- nology. The family of DSL services, es- sion of an amendment made by this Act, or ice should not be applied to advanced the application thereof to particular persons pecially asymmetric digital subscriber services. In addition, a competitive or circumstances, is found to be unconstitu- line (ADSL) service, have the greatest local exchange carrier willing to de- tional, the remainder of this Act or that potential to ensure that all consumers ploy the facilities necessary to provide amendment, or the application thereof to throughout the United States obtain other persons or circumstances shall not be broadband services should not be forced affected. high-speed Internet access. Cable serv- to resell its service. ice has penetration rates approaching SEC. 5. EFFECTIVE DATE. Mr. President, I am confident that we The prohibition contained in section 715 of telephone service in urban and densely- can ensure the rapid deployment of the Communications Act of 1934 (as added by populated suburban areas. However, broadband networks to rural areas. But section 3 of this Act) and the regulations cable penetration is much lower in to do so, we must be willing to provide promulgated thereunder shall take effect 1 rural areas whereas the ubiquity of the companies with an incentive to build year after the regulations are adopted by the telephone network makes telephone out their broadband networks in rural Commission. penetration rates close to one hundred areas. The Broadband Internet Regu- percent even in rural areas. Thus, for latory Relief Act would provide compa- By Mr. BROWNBACK (for him- many rural consumers, including those self, Mr. NICKLES, and Mr. nies with such incentives, and I hope in Kansas, high-speed Internet access that my colleagues will support this CRAIG): may only be available in the next sev- crucial legislation. S. 877. A bill to encourage the provi- eral years through the telephone net- sion of advanced service, and for other work. By Mr. TORRICELLI (for himself, purposes; to the Committee on Com- As a result, Congress needs to ensure Mr. MACK, Mr. GREGG, Mr. merce, Science, and Transportation. that high-speed Internet access is being GRAHAM, Mr. MOYNIHAN, Mr. BROADBAND INTERNET REGULATORY RELIEF ACT made available over the public tele- KERRY, Mrs. BOXER, Mr. REED, OF 1999 phone network as rapidly as possible. Mrs. FEINSTEIN, and Mrs. MUR- Mr. BROWNBACK. Mr. President, I While ADSL service is being rolled out RAY): rise today to introduce the Broadband in may urban and densely-populated S. 878. A bill to amend the Federal Internet Regulatory Relief Act of 1999 suburban areas, most rural consumers Water Pollution Control Act to permit on behalf of myself, Senator NICKLES, do not have access to it. grants for the national estuary pro- and Senator CRAIG. This bill is in- I am introducing the Broadband gram to be used for the development tended to speed up the deployment of Internet Regulatory Relief Act to en- and implementation of a comprehen- broadband networks throughout the sure that high-speed Internet access is sive conservation and management United States and to make residential available to my rural constituents as plan, to reauthorize appropriations to high-speed Internet access a widely- soon as possible. To accomplish this carry out the program, and for other available service. goal, I am proposing to provide regu- purposes; to the Committee on Envi- Mr. President, the Internet has revo- latory relief to telephone companies ronment and Public Works. lutionized the way we communicate, willing to deliver broadband connec- NATIONAL ESTUARY CONSERVATION ACT OF 1999 conduct business, shop, and learn. The tions to rural areas. My proposal has Mr. TORRICELLI. Mr. President, Internet presents us with the oppor- several components. today, Senators MACK, GREGG, tunity to remove distance as an obsta- First, incumbent local exchange car- GRAHAM, MOYNIHAN, KERRY, BOXER, cle to employment and education. But riers that make seventy percent of REED, FEINSTEIN, MURRAY, and I are in- while tens of millions of Americans their loops ready to support high-speed troducing the National Estuary Con- now log onto the Internet every day, Internet access will not have to resell servation Act of 1999. I rise to draw this narrowband connections to the Inter- their advanced services to competitors country’s attention to our nationally net make using the Net a slow and and will not have to make the network significant estuaries that are threat- cumbersome process. elements used exclusively for the pro- ened by pollution, development, or S4190 CONGRESSIONAL RECORD — SENATE April 26, 1999 overuse. With forty five percent of the quirement for grant recipients so funds larly helpful, because small businesses nation’s population residing in estua- will be available to upgrade sewage turn over their rental space more fre- rine areas, there is a compelling need treatment plants, fix combined sewer quently than larger businesses. And we for us to promote comprehensive plan- overflows, control urban stormwater cannot forget that over 80 percent of ning and management efforts to re- discharges, and reduce polluted runoff building owners who provide space to store and protect them. into estuarine areas. small businesses are themselves small Estuaries are significant habitat for businesses. fish, birds, and other wildlife because By Mr. CONRAD (for himself, Mr. We have an interest in keeping exist- they provide safe spawning grounds MACK, Mr. NICKLES, Mr. ROBB, ing buildings commercially viable. and nurseries. Seventy five percent of and Mr. BAUCUS): When older buildings can serve tenants the U.S. commercial fish catch depends S. 879. A bill to amend the Internal who need modern, efficient commercial on estuaries during some stage of their Revenue Code of 1986 to provide a space, there is less pressure for devel- life. Commercial and recreational fish- shorter recovery period for the depre- oping greenfields in outlying areas. eries contribute $111 billion to the na- ciation of certain leasehold improve- Americans are concerned about pre- tion’s economy and support 1.5 million ments; to the Committee on Finance. serving open space, natural resources jobs. Estuaries are also important to TEN-YEAR LEASEHOLD IMPROVEMENT and a sense of neighborhood. The cur- our nation’s tourist economy for boat- DEPRECIATION rent law 39-year cost recovery for ing and outdoor recreation. Coastal Mr. CONRAD. Mr. President, I rise leasehold improvements is an impedi- tourism in just four states—New Jer- today, joined by my colleagues Mr. ment to reinvesting in existing prop- sey, Florida, Texas, and California—to- NICKLES, Mr. MACK, Mr. ROBB, and Mr. erties and communities. tals $75 billion. BAUCUS, to introduce important legis- This legislation has the strong back- Due to their popularity, the overall lation to provide for a 10-year deprecia- ing of six major real estate organiza- capacity of our nation’s estuaries to tion life for leasehold improvements. tions, including the National Realty function as healthy productive eco- Leasehold improvements are the alter- Committee, the national Association of systems is declining. This is a result of ations to leased space made by a build- Realtors, the International Council of the cumulative effects of increasing de- ing owner as part of the lease agree- Shopping Centers, the national Asso- velopment and fast growing year round ment with a tenant. ciation of Industrial and Office Prop- populations which increase dramati- These improvements can include in- erties, the national Association of Real cally in the summer. Land develop- terior walls, partitions, flooring, light- Estate Investment Trusts, and the ment, and associated activities that ing, wiring and plumbing—essentially Building and Office Managers Associa- come with people’s desire to live and any fixture that an owner provides in tion, International. play near these beautiful resources, space leased to a tenant. They keep a I urge all Senators to join us in sup- cause runoff and storm water dis- building modern, upgraded, and energy porting this legislation to provide ra- charges that contribute to siltation, efficient. In actual commercial use, tional depreciation treatment for increased nutrients, and other con- leasehold improvements typically last leasehold improvements. tamination. Bacterial contamination as long as the lease—an average of 5 to Mr. President, I ask unanimous con- closes many popular beaches and shell- 10 years. However, the Internal Rev- sent that the text of the bill be printed fish harvesting areas in estuaries. Also, enue Code requires leasehold improve- in the RECORD. There being no objection, the bill was several estuaries are afflicted by prob- ments to be depreciated over 39 years— ordered to be printed in the RECORD, as lems that still require significant re- the life of the building. follows: search. Examples include the out- Economically, this makes no sense. S. 879 breaks of the toxic microbe, Pfiesteria The owner receives taxable income piscicida, in rivers draining to estu- over the life of the lease (i.e., 10 years), Be it enacted by the Senate and House of Rep- resentatives of the United States of America in aries in Maryland and Virginia. yet can only recover the costs of the Congress assembled, Congress recognized the importance improvements associated with the SECTION 1. RECOVERY PERIOD FOR DEPRECIA- of preserving and enhancing coastal en- lease over 39 years—a rate nearly four TION OF CERTAIN LEASEHOLD IM- vironments with the establishment of times slower. This wild mismatch of in- PROVEMENTS. the National Estuary Program in the come and expenses causes the owner to (a) 10-YEAR RECOVERY PERIOD.—Subpara- Clean Water Act Amendments of 1987. incur an artificially high tax cost on graph (D) of section 168(e)(3) of the Internal The Program’s purpose is of facilitate these improvements. Revenue Code of 1986 (relating to 10-year property) is amended by striking ‘‘and’’ at state and local governments prepara- The bill we introduce today will cor- the end of clause (i), by striking the period tion of comprehensive conservation rect this irrational and uneconomic tax at the end of clause (ii) and inserting ‘‘, and management plans for threatened treatment by shortening the cost re- and’’, and by adding at the end the following estuaries of national significance. In covery period for certain leasehold im- new clause: support of this effort, section 320 of the provements from 39 years to a more re- ‘‘(iii) any qualified leasehold improvement Clean Water Act authorized the EPA to alistic 10 years. If enacted, this legisla- property.’’. make grants to states to develop envi- tion would more closely align the ex- (b) QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY.—Subsection (e) of section 168 of ronmental management plans. To date, penses incurred to construct these im- such Code is amended by adding at the end 28 estuaries across the country have provements with the income they gen- the following new paragraph: been designated into the Program. erate during the lease term. ‘‘(6) QUALIFIED LEASEHOLD IMPROVEMENT However, the law fails to provide as- For example, a building owner who PROPERTY.— sistance once plans are complete and makes a $100,000 leasehold improve- ‘‘(A) IN GENERAL.—The term ‘qualified ready for implementation. Already, 18 ment for a 10-year, $1 million lease leasehold improvement property’ means any of the 28 plans are finished. would be able to recover this entire in- improvement to an interior portion of a As the majority of plans are now in vestment by the end of that lease at a building which is nonresidential real prop- the implementation stage, it is incum- rate of $10,000 per year. Under current erty if— ‘‘(i) such improvement is made under or bent upon us to maintain the partner- law, this $100,000 improvement is recov- pursuant to a lease (as defined in subsection ship the Federal Government initiated ered at a rate of $2,564 per year over 39 (h)(7))— ten years ago to insure that our na- years. ‘‘(I) by the lessee (or any sublessee) of such tionally significant estuaries are pro- By reducing this cost recovery pe- portion, or tected. The legislation we are intro- riod, the expense of making these im- ‘‘(II) by the lessor of such portion, ducing will take the next step by giv- provements would fall more into line ‘‘(ii) such portion is to be occupied exclu- ing EPA authority to make grants for with the economics of a commercial sively by the lessee (or any sublessee) of such plan implementation and authorize an- lease transaction, and more property portion, and ‘‘(iii) such improvement is placed in serv- nual appropriations in the amount of owners would be able to adapt their ice more than 3 years after the date the $50 million. To insure the program is a buildings to fit the demanding needs of building was first placed in service. true partnership and leverage scarce today’s modern business tenant. Small ‘‘(B) CERTAIN IMPROVEMENTS NOT IN- resources, there is a direct match re- business should find this bill particu- CLUDED.—Such term shall not include any April 26, 1999 CONGRESSIONAL RECORD — SENATE S4191 improvement for which the expenditure is fied official extended duty in deter- appropriations to the Department of attributable to— mining the exclusion of gain from the State for construction and security of ‘‘(i) the enlargement of the building, sale of such residence. United States diplomatic facilities, and ‘‘(ii) any elevator or escalator, for other purposes. ‘‘(iii) any structural component benefiting S. 434 a common area, and At the request of Mr. BREAUX, the S. 692 ‘‘(iv) the internal structural framework of name of the Senator from Georgia (Mr. At the request of Mr. KYL, the name the building. COVERDELL) was added as a cosponsor of the Senator from Ohio (Mr. ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For of S. 434, a bill to amend the Internal VOINOVICH) was added as a cosponsor of purposes of this paragraph— Revenue Code of 1986 to simplify the S. 692, a bill to prohibit Internet gam- ‘‘(i) COMMITMENT TO LEASE TREATED AS method of payment of taxes on dis- bling, and for other purposes. LEASE.—A commitment to enter into a lease shall be treated as a lease, and the parties to tilled spirits. S. 693 such commitment shall be treated as lessor S. 459 At the request of Mr. HELMS, the and lessee, respectively. At the request of Mr. BREAUX, the name of the Senator from Arkansas ‘‘(ii) RELATED PERSONS.—A lease between names of the Senator from California (Mr. HUTCHINSON) was added as a co- related persons shall not be considered a (Mrs. FEINSTEIN) and the Senator from sponsor of S. 693, a bill to assist in the lease. For purposes of the preceding sen- North Carolina (Mr. EDWARDS) were enhancement of the security of Tai- tence, the term ‘related persons’ means— added as cosponsors of S. 459, a bill to wan, and for other purposes. ‘‘(I) members of an affiliated group (as de- fined in section 1504), and amend the Internal Revenue Code of S. 731 ‘‘(II) persons having a relationship de- 1986 to increase the State ceiling on At the request of Mr. KENNEDY, the scribed in subsection (b) of section 267; ex- private activity bonds. names of the Senator from North Da- cept that, for purposes of this clause, the S. 514 kota (Mr. DORGAN) and the Senator phrase ‘80 percent or more’ shall be sub- At the request of Mr. COCHRAN, the from South Dakota (Mr. DASCHLE) were stituted for the phrase ‘more than 50 per- name of the Senator from North Da- added as cosponsors of S. 731, a bill to cent’ each place it appears in such sub- section.’’ kota (Mr. DORGAN) was added as a co- provide for substantial reductions in (c) REQUIREMENT TO USE STRAIGHT LINE sponsor of S. 514, a bill to improve the the price of prescription drugs for METHOD.—Paragraph (3) of section 168(b) of National Writing Project. medicare beneficiaries. such Code is amended by adding at the end S. 542 S. 761 the following new subparagraph: At the request of Mr. ABRAHAM, the At the request of Mr. ABRAHAM, the ‘‘(G) Qualified leasehold improvement name of the Senator from California name of the Senator from Colorado property described in subsection (e)(6).’’. (Mrs. BOXER) was added as a cosponsor (Mr. ALLARD) was added as a cosponsor (d) ALTERNATIVE SYSTEM.—The table con- tained in section 168(g)(3)(B) of such Code is of S. 542, a bill to amend the Internal of S. 761, a bill to regulate interstate amended by inserting after the item relating Revenue Code of 1986 to expand the de- commerce by electronic means by per- to subparagraph (D)(ii) the following new duction for computer donations to mitting and encouraging the continued item: schools and allow a tax credit for do- expansion of electronic commerce ‘‘(D)(iii) ...... 10 ’’. nated computers. through the operation of free market (e) EFFECTIVE DATE.—The amendments S. 577 forces, and for other purposes. made by this section shall apply to qualified At the request of Mr. HATCH, the S. 803 leasehold improvement property placed in service after the date of the enactment of name of the Senator from North Da- At the request of Mr. MCCAIN, the this Act. kota (Mr. CONRAD) was added as a co- name of the Senator from Wisconsin f sponsor of S. 577, a bill to provide for (Mr. FEINGOLD) was added as a cospon- injunctive relief in Federal district sor of S. 803, a bill to make the Inter- ADDITIONAL COSPONSORS court to enforce State laws relating to national Olympic Committee subject S. 56 the interstate transportation of intoxi- to the Foreign Corrupt Practices Act of At the request of Mr. KYL, the name cating liquor. 1977, and for other purposes. of the Senator from Alabama (Mr. S. 595 S. 858 SHELBY) was added as a cosponsor of S. At the request of Mr. DOMENICI, the At the request of Mr. COVERDELL, the 56, a bill to repeal the Federal estate name of the Senator from Louisiana name of the Senator from Georgia (Mr. and gift taxes and the tax on genera- (Mr. BREAUX) was added as a cosponsor CLELAND) was added as a cosponsor of tion-skipping transfers. of S. 595, a bill to amend the Internal S. 858, a bill to designate the Federal S. 85 Revenue Code of 1986 to establish a building and United States courthouse At the request of Mr. BUNNING, the graduated response to shrinking do- located at 18 Greenville Street in New- names of the Senator from Florida (Mr. mestic oil and gas production and surg- man, Georgia, as the ‘‘Lewis R. Morgan MACK) and the Senator from North Da- ing foreign oil imports, and for other Federal Building and United States kota (Mr. CONRAD) were added as co- purposes. Courthouse’’. sponsors of S. 85, a bill to amend the S. 608 S. 860 Internal Revenue Code of 1986 to reduce At the request of Mr. MURKOWSKI, the At the request of Mr. GRAHAM, the the tax on vaccines to 25 cents per name of the Senator from Mississippi name of the Senator from North Da- dose. (Mr. COCHRAN) was added as a cospon- kota (Mr. CONRAD) was added as a co- S. 88 sor of S. 608, a bill to amend the Nu- sponsor of S. 860, a bill to require coun- At the request of Mr. BUNNING, the clear Waste Policy Act of 1982. try of origin labeling of perishable ag- name of the Senator from Illinois (Mr. S. 659 ricultural commodities imported into DURBIN) was added as a cosponsor of S. At the request of Mr. MOYNIHAN, the the United States and to establish pen- 88, a bill to amend title XIX of the So- name of the Senator from Minnesota alties for violations of the labeling re- cial Security Act to exempt disabled (Mr. WELLSTONE) was added as a co- quirements. individuals from being required to en- sponsor of S. 659, a bill to amend the S. 864 roll with a managed care entity under Internal Revenue Code of 1986 to re- At the request of Mr. BINGAMAN, the the medicaid program. quire pension plans to provide adequate name of the Senator from Montana S. 309 notice to individuals whose future ben- (Mr. BAUCUS) was added as a cosponsor At the request of Mr. MCCAIN, the efit accruals are being significantly re- of S. 864, a bill to designate April 22 as name of the Senator from Alaska (Mr. duced, and for other purposes. Earth Day. MURKOWSKI) was added as a cosponsor S. 679 S. 867 of S. 309, a bill to amend the Internal At the request of Mr. GRAMS, the At the request of Mr. ROTH, the Revenue Code of 1986 to provide that a names of the Senator from Nebraska names of the Senator from North Caro- member of the uniformed services shall (Mr. HAGEL) and the Senator from lina (Mr. EDWARDS) and the Senator be treated as using a principal resi- Montana (Mr. BURNS) were added as co- from Virginia (Mr. ROBB) were added as dence while away from home on quali- sponsors of S. 679, a bill to authorize cosponsors of S. 867, a bill to designate S4192 CONGRESSIONAL RECORD — SENATE April 26, 1999 a portion of the Arctic National Wild- Whereas A1AD is particularly devastating By declaring May, 1999 as ‘‘National life Refuge as wilderness. to families since it strikes during the peak Alpha 1 Awareness Month’’ we hope earning and child rearing years; SENATE JOINT RESOLUTION 20 bring the problem of Alpha-1 Whereas 80,000 to 100,000 persons in the At the request of Mr. MCCAIN, the antitrypsin deficiency to the attention United States are affected by the disease to the Senate. I urge my colleagues name of the Senator from Louisiana while only 5 percent have been identified; (Ms. LANDRIEU) was added as a cospon- and who have not yet joined us on this im- sor of Senate Joint Resolution 20, a Whereas liver and lung transplants are portant issue to add their name to the joint resolution concerning the deploy- sought by many individuals suffering from public call for increased national ment of the United States Armed A1AD, detection screenings, educational con- awareness of this genetic condition. Forces to the Kosovo region in Yugo- ferences and other scheduled events will help f raise awareness for early identification and slavia. organ donation: Now, therefore, be it SENATE RESOLUTION 85—SUP- SENATE RESOLUTION 22 Resolved, That the Senate— PORTING THE EFFORTS OF THE At the request of Mr. CAMPBELL, the (1) designates the month of May 1999 as PEOPLE OF INDONESIA IN name of the Senator from Ohio (Mr. ‘‘National Alpha1 Awareness Month’’; and ACHIEVING A TRANSITION TO (2) requests that the President issue a VOINOVICH) was added as a cosponsor of GENUINE DEMOCRACY proclamation calling upon the people of the Senate Resolution 22, a resolution com- United States to observe the month with ap- Mr. TORRICELLI (for himself, Mr. memorating and acknowledging the propriate programs and activities. THOMAS, Mr. REED, Mr. HELMS, Mr. dedication and sacrifice made by the Ms. SNOWE. Mr. President I rise WELLSTONE, Mr. COVERDELL, and Mr. men and women who have lost their today to submit a resolution to raise KERRY) submitted the following resolu- lives serving as law enforcement offi- national awareness of Alpha 1- tion; which was referred to the Com- cers. antitrypsin definiency. I am so pleased mittee on Foreign Relations: SENATE RESOLUTION 29 to be joined by 15 of my colleagues. Our S. RES. 85 At the request of Mr. ROBB, the resolution officially declares May 1999 Whereas Indonesia is the world’s fourth names of the Senator from West Vir- as ‘‘National Alpha 1 Awareness most populous country, has the world’s larg- ginia (Mr. ROCKEFELLER) and the Sen- Month.’’ est Muslim population, and has developed friendly relations with the United States; ator from Oregon (Mr. WYDEN) were Alpha-1 is a genetic condition that Whereas a stable and democratic Indonesia added as cosponsors of Senate Resolu- can cause severe early onset emphy- is important to overall security in Southeast tion 29, a resolution to designate the sema, liver disease in both children and Asia; week of May 2, 1999, as ‘‘National Cor- adults, or more rarely, a skin condition Whereas President Suharto resigned on rectional Officers and Employees called panniculitis. In infants, Alpha-1 May 21, 1998, in accordance with Indonesia’s Week.’’ causes neonatal cirrhosis of the liver, constitutional processes; Whereas incidents of ethnic and religious SENATE RESOLUTION 34 which is sometimes fatal. In adults, Alpha-1 can lead to pulmonary emphy- violence have become more prevalent in the At the request of Mr. TORRICELLI, the months following President Suharto’s res- names of the Senator from New Hamp- sema and or cirrhosis of the liver. This disease normally strikes young adults ignation and threaten to undermine Indo- shire (Mr. GREGG), the Senator from nesia’s delicate political balance; in their 30s and 40s. New York (Mr. SCHUMER), and the Sen- Whereas President Habibie has indicated Alpha-1 was first identified in 1963 ator from Connecticut (Mr. DODD) were his willingness to consider granting inde- and is the most common lethal single pendence to East Timor, if the people of East added as cosponsors of Senate Resolu- gene defect in the United States. It is tion 34, a resolution designating the Timor reject a plan for greater autonomy as common as cystic fibrosis but it is within Indonesia; week beginning April 30, 1999, as ‘‘Na- neither well known, nor well under- Whereas Indonesia is pursuing a transition tional Youth Fitness Week.’’ stood by many physicians, and is vir- to genuine democracy, establishing a new SENATE RESOLUTION 59 tually unknown to the American pub- governmental structure, and developing a At the request of Mr. LAUTENBERG, lic. new political order; the name of the Senator from Delaware An estimated 5,000 people have been Whereas President Habibie signed several bills governing elections, political parties, (Mr. BIDEN) was added as a cosponsor of diagnosed with Alpha 1-antitrypsin de- and the structure of legislative bodies into Senate Resolution 59, a bill designating ficiency in the United States and sta- law on February 1, 1999; and both July 2, 1999, and July 2, 2000, as tistical estimates indicate that there Whereas free, fair, and transparent elec- ‘‘National Literacy Day.’’ should be 80,000 to 100,000 people total tions to the House of Representatives of In- f in this country. In fact, one in 37 peo- donesia (DPR), now scheduled for June 7, ple are Alpha-1 carriers of this genetic 1999, will help the people of Indonesia con- SENATE RESOLUTION 84—TO DES- defect. A simple blood test can detect tinue their democratic transition: Now, IGNATE THE MONTH OF MAY, Alpha-1 antitrypsin levels and let peo- therefore, be it 1999, AS NATIONAL ALPHA 1 ple know if they are carriers or have Resolved, That the Senate— AWARENESS MONTH (1) supports the Indonesian people in their this genetic defect. In fact, in 1998, the efforts to carry out the provisions of the new By Ms. SNOWE (for herself, Mr. Maine chapter of the Alpha-1 National election laws and hold democratic elections HELMS, Mr. GRAMS, Mr. ROBB, Mr. DUR- Association Support Group screened as scheduled; BIN, Mr. EDWARDS, Mr. CLELAND, Mr. 105 people for the genetic defect and (2) calls upon the Government of Indonesia HATCH, Mr. TORRICELLI, Mr. MACK, Mr. found 15 carriers. to take all steps necessary to ensure that the CRAPO, Mr. GRAHAM, Mr. LAUTENBERG, Alpha-one antitrypsin deficiency can elections scheduled for June 7, 1999, are free, and Mr. DODD) submitted the following be a devastating disease. Symptoms of fair, and transparent; resolution; which was referred to the Alpha-1 are similar to those of other (3) urges all political, military, and ethnic Committee on the Judiciary. respiratory diseases, and often Alpha-1 leaders to refrain from all violence and work emphysema is accompanied by asthma, toward a peaceful political campaign period; S. RES. 84 (4) calls upon all Indonesian leaders, polit- bronchitis, and chronic obstructive Whereas alpha1-antitrypsin deficiency ical party members, military personnel, and (A1AD) is the most common lethal single pulmonary disease. The most common the general public to respect and uphold the gene defect in the United States; indicators of Alpha-1 include worsening results of all elections held in a free and fair Whereas A1AD, having been identified only shortness of breath, a chronic cough manner; since 1963, is as common as cystic fibrosis, and abnormal liver test results. (5) urges all candidates for political office but is neither well known, nor well under- The good news is that many Alphas to address the ethnic and religious tensions stood by many physicians and is virtually can stay healthy into old age, espe- in Indonesia that have surfaced since Presi- unknown by the general public; cially if they never smoke, avoid pollu- dent Suharto’s resignation and incorporate Whereas A1AD is seen as a liver disease in tion, lung irritants, and do not suffer possible solutions into their election plat- infants and young children, as a lung or liver forms; and disease in young adults, and may be from frequent lung infections. The bad (6) calls upon the Government of Indonesia misdiagnosed as asthma, chronic bronchitis news is that there are many Alphas and all prospective officeholders to work or smoker’s emphysema due to lack of who are misdiagnosed for years, and with the people of East Timor to achieve an knowledge or understanding about this dis- this misdiagnosis can cause additional equitable and realistic solution to the ques- ease; irreversible lung damage. tion of East Timor’s future political status. April 26, 1999 CONGRESSIONAL RECORD — SENATE S4193 Mr. TORRICELLI. Mr. President, I problems and incorporate possible solu- ‘‘(j) SOCIAL SECURITY POINT OF ORDER.—It rise today together with Senators tions into their election platforms. shall not be in order in the Senate to con- sider a concurrent resolution on the budget, THOMAS, REED, HELMS, WELLSTONE, This Congress can have a positive im- an amendment thereto, or a conference re- COVERDELL, and KERRY, to submit a pact on democracy in Indonesia by port thereon that violates section 13301 of resolution on Indonesia’s upcoming helping to keep its future leaders fo- the Budget Enforcement Act of 1990. Parliamentary elections. These are cused on achieving long term social ‘‘(k) DEBT HELD BY THE PUBLIC POINT OF both exciting and troubling times in and economic stability. ORDER.—It shall not be in order in the Sen- Indonesia. The elections scheduled for f ate to consider any bill, joint resolution, June 7th could be the beginning of a amendment, motion, or conference report AMENDMENTS SUBMITTED ON that would— new, democratic Indonesia. At the APRIL 23, 1999 ‘‘(1) increase the limit on the debt held by same time, though, we receive almost the public in section 253A(a) of the Balanced daily reports of increased social unrest Budget and Emergency Deficit Control Act and a bleak economic future. LEGISLATION TO PROVIDE GUID- of 1985; or While inflation and interest rates ANCE FOR THE DESIGNATION OF ‘‘(2) provide additional borrowing author- have fallen, the Indonesian economy EMERGENCIES AS A PART OF ity that would result in the limit on the debt held by the public in section 253A(a) of the remains unstable. Recent clashes be- THE BUDGET PROCESS tween Muslims and Christians in Balanced Budget and Emergency Deficit Control Act of 1985 being exceeded. Ambon remind us that Indonesia’s eth- ‘‘(l) SOCIAL SECURITY SURPLUS PROTECTION nic tensions could overwhelm the coun- LOTT AMENDMENTS NOS. 256–264 POINT OF ORDER.— try at any minute. The status of East (Ordered to lie on the table.) ‘‘(1) IN GENERAL.—It shall not be in order in Timor is an ongoing issue for the peo- Mr. LOTT submitted nine amend- the Senate to consider a concurrent resolu- ple of Indonesia, although President ments intended to be proposed by him tion on the budget, an amendment thereto, or a conference report thereon that sets Habibie has vowed to come to resolu- to the bill (S. 557) a bill to provide tion by the end of the year. Depending forth a deficit in any fiscal year. guidance for the designation of emer- ‘‘(2) EXCEPTION.—Paragraph (1) shall not upon the outcome of the vote on auton- gencies as a part of the budget process; apply if— omy, the Parliament elected in June as follows: ‘‘(A) the limit on the debt held by the pub- could have a direct influence on East AMENDMENT NO. 256 lic in section 253A(a) of the Balanced Budget Timor’s future. At the end of the instructions add the fol- and Emergency Deficit Control Act of 1985 is The upcoming June elections are a lowing: suspended; or critical benchmark for Indonesia’s ef- ‘‘(B) the deficit for a fiscal year results with an amendment as follows: solely from the enactment of— forts to pursue democratic reform. A At the end of the bill add the following: ‘‘(i) social security reform legislation, as freely elected Parliament will further TITLE II—SOCIAL SECURITY SURPLUS defined in section 253A(e)(2) of the Balanced distance Indonesia from its past and PRESERVATION AND DEBT REDUCTION Budget and Emergency Deficit Control Act help instill a democratic culture. If ACT of 1985; or these elections are proven to be free, SEC. 201. SHORT TITLE. ‘‘(ii) provisions of legislation that are des- fair and transparent, Indonesia will be This title may be cited as the ‘‘Social Se- ignated as an emergency requirement pursu- well on its way to having a government curity Surplus Preservation and Debt Reduc- ant to section 251(b)(2)(A) or 252(e) of the with popular legitimacy. tion Act’’. Balanced Budget and Emergency Deficit I applaud the Administration’s ef- SEC. 202. FINDINGS. Control Act of 1985.’’. Congress finds that— (c) SUPERMAJORITY WAIVER AND APPEAL.— forts to ensure that the elections on Subsections (c)(1) and (d)(2) of section 904 of June 7th are open and transparent. (1) the $69,246,000,000 unified budget surplus achieved in fiscal year 1998 was entirely due the Congressional Budget Act of 1974 are U.S. support for a fair election process to surpluses generated by the social security amended by striking ‘‘305(b)(2),’’ and insert- will send a strong message to the par- trust funds and the cumulative unified budg- ing ‘‘301(k), 301(l), 305(b)(2), 318,’’. (d) CONFORMING AMENDMENT.—Section 318 ticipants. The pledge of $30 million to et surpluses projected for subsequent fiscal of the Congressional Budget Act of 1974, as help Indonesia realize its goal of free years are primarily due to surpluses gen- added by this Act, is amended by adding at erated by the social security trust funds; and fair elections demonstrates an un- the end the following: derstanding of how important June 7th (2) Congress and the President should bal- ‘‘(c) EXCEPTION FOR DEFENSE SPENDING.— is, not only in Indonesia, but in South- ance the budget excluding the surpluses gen- Subsection (b) shall not apply against an east Asia as a whole. While Indonesia’s erated by the social security trust funds; emergency designation for a provision mak- (3) according to the Congressional Budget ing discretionary appropriations in the de- new election laws provide for monitors Office, balancing the budget excluding the at the national, provincial and district fense category.’’. surpluses generated by the social security SEC. 204. DEDICATION OF SOCIAL SECURITY SUR- levels, we must ensure that monitors trust funds will reduce the debt held by the PLUSES TO REDUCTION IN THE are properly trained and educated. We public by a total of $1,723,000,000,000 by the DEBT HELD BY THE PUBLIC. must move quickly to maximize the in- end of fiscal year 2009; and (a) AMENDMENTS TO THE CONGRESSIONAL terim period before the elections and (4) social security surpluses should be used BUDGET ACT OF 1974.—The Congressional encourage other nations to actively for social security reform or to reduce the Budget Act of 1974 is amended— support our efforts to promote a free debt held by the public and should not be (1) in section 3, by adding at the end the spent on other programs. following: and fair process. SEC. 203. PROTECTION OF THE SOCIAL SECURITY ‘‘(11)(A) The term ‘debt held by the public’ Producing transparent and legiti- TRUST FUNDS. means the outstanding face amount of all mate election results is a responsi- (a) PROTECTION BY CONGRESS.— debt obligations issued by the United States bility that cannot be overlooked. How- (1) REAFFIRMATION OF SUPPORT.—Congress Government that are held by outside inves- ever, we must look forward at the same reaffirms its support for the provisions of tors, including individuals, corporations, time. The economic and social prob- section 13301 of the Budget Enforcement Act State or local governments, foreign govern- lems Indonesia is currently facing will of 1990 that provides that the receipts and ments, and the Federal Reserve System. be with the country past the election, disbursements of the social security trust ‘‘(B) For the purpose of this paragraph, the term ‘face amount’, for any month, of any and they need continued attention funds shall not be counted for the purposes of the budget submitted by the President, debt obligation issued on a discount basis from this Congress and the Administra- the congressional budget, or the Balanced that is not redeemable before maturity at tion. The country’s future will be un- Budget and Emergency Deficit Control Act the option of the holder of the obligation is certain if the pressing issues of today of 1985. an amount equal to the sum of— are ignored. (2) PROTECTION OF SOCIAL SECURITY BENE- ‘‘(i) the original issue price of the obliga- For this reason, I have introduced a FITS.—If there are sufficient balances in the tion; plus resolution that supports Indonesia’s ef- Federal Old-Age and Survivors Insurance ‘‘(ii) the portion of the discount on the ob- forts to hold free and fair elections. It Trust Fund and the Federal Disability Insur- ligation attributable to periods before the calls upon all political, military and ance Trust Fund, the Secretary of Treasury beginning of such month. shall give priority to the payment of social ‘‘(12) The term ‘social security surplus’ ethnic leaders to refrain from violence security benefits required to be paid by law. means the amount for a fiscal year that re- and work toward a peaceful campaign (b) POINTS OF ORDER.—Section 301 of the ceipts exceed outlays of the Federal Old-Age period. In addition, it urges all can- Congressional Budget Act of 1974 is amended and Survivors Insurance Trust Fund and the didates to address some of these social by adding at the end the following: Federal Disability Insurance Trust Fund.’’; S4194 CONGRESSIONAL RECORD — SENATE April 26, 1999 (2) in section 301(a) by— ‘‘(I) the limit set forth in subsection (a) for level of real Gross Domestic Product in the (A) redesignating paragraphs (6) and (7) as the period of years that begins on May 1st of quarter preceding the first two quarters that paragraphs (7) and (8), respectfully; and the following calendar year; and caused the suspension of the pursuant to (B) inserting after paragraph (5) the fol- ‘‘(II) each subsequent limit. paragraph (1). lowing: ‘‘(ii) 2004 THROUGH 2010.—With respect to ‘‘(B) ADJUSTMENT.— ‘‘(6) the debt held by the public; and’’; and the periods described in subsections (a)(4), ‘‘(i) CALCULATION.—The Secretary shall (3) in section 310(a) by— (a)(5), and (a)(6), the Secretary shall add the take level of the debt held by the public on (A) striking ‘‘or’’ at the end of paragraph amount calculated under subparagraph (A) October 1 of the year preceding the date ref- (3); to— erenced in subparagraph (A) and subtract the (B) by redesignating paragraph (4) as para- ‘‘(I) the limit set forth in subsection (a) for limit in subsection (a) for the period of years graph (5); and the period of years that includes May 1st of that includes the date referenced in subpara- (C) inserting the following new paragraph; the following calendar year; and graph (A). ‘‘(4) specify the amounts by which the stat- ‘‘(II) each subsequent limit. ‘‘(ii) ADJUSTMENT.—The Secretary shall utory limit on the debt held by the public is ‘‘(c) ADJUSTMENT TO THE LIMIT FOR EMER- add the amount calculated under clause (i) to be changed and direct the committee hav- GENCIES.— to— ing jurisdiction to recommend such change; ‘‘(1) ESTIMATE OF LEGISLATION.— ‘‘(I) the limit in subsection (a) for the pe- or’’. ‘‘(A) CALCULATION.—If legislation is en- riod of fiscal years that includes the date ref- (b) AMENDMENTS TO THE BALANCED BUDGET acted into law that contains a provision that erenced in subparagraph (A); and AND EMERGENCY DEFICIT CONTROL ACT OF is designated as an emergency requirement ‘‘(II) each subsequent limit. pursuant to section 251(b)(2)(A) or 252(e), 1985.—The Balanced Budget and Emergency ‘‘(e) ADJUSTMENT TO THE LIMIT FOR SOCIAL Deficit Control Act of 1985 is amended— OMB shall estimate the amount the debt held by the public will change as a result of SECURITY REFORM PROVISIONS THAT AFFECT (1) in section 250, by striking subsection (b) ON-BUDGET LEVELS.— and inserting the following: the provision’s effect on the level of total outlays and receipts excluding the impact on ‘‘(1) ESTIMATE OF LEGISLATION.— ‘‘(b) GENERAL STATEMENT OF PURPOSE.— ‘‘(A) CALCULATION.—If social security re- This part provides for the enforcement of— outlays and receipts of the Federal Old-Age and Survivors Insurance Trust Fund and the form legislation is enacted, OMB shall esti- ‘‘(1) a balanced budget excluding the re- mate the amount the debt held by the public ceipts and disbursements of the social secu- Federal Disability Insurance Trust Fund. ASELINE LEVELS.—OMB shall cal- will change as a result of the legislation’s ef- rity trust funds; and ‘‘(B) B culate the changes in subparagraph (A) rel- fect on the level of total outlays and receipts ‘‘(2) a limit on the debt held by the public ative to baseline levels for each fiscal year excluding the impact on outlays and receipts to ensure that social security surpluses are through fiscal year 2010 using current esti- of the Federal Old-Age and Survivors Insur- used for social security reform or to reduce mates. ance Trust Fund and the Federal Disability debt held by the public and are not spent on ‘‘(C) ESTIMATE.—OMB shall include the es- Insurance Trust Fund. other programs.’’; timate required by this paragraph in the re- ‘‘(B) BASELINE LEVELS.—OMB shall cal- (2) in section 250(c)(1), by inserting ‘‘ ‘ debt port required under section 251(a)(7) or sec- culate the changes in subparagraph (A) rel- held by the public’, ‘social security surplus’ ’’ tion 252(d), as the case may be. ative to baseline levels for each fiscal year after ‘‘outlays’, ’’; and ‘‘(2) ADJUSTMENT.—After January 1 and no through fiscal year 2010 using current esti- (3) by inserting after section 253 the fol- later than May 1 of each calendar year begin- mates. lowing: ning with calendar year 2000— ‘‘(C) ESTIMATE.—OMB shall include the es- ‘‘SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. ‘‘(A) with respect to the periods described timate required by this paragraph in the re- ‘‘(a) LIMIT.—The debt held by the public in subsections (a)(1), (a)(2), and (a)(3), the port required under section 252(d) for social shall not exceed— Secretary shall add the amounts calculated security reform legislation. ‘‘(1) for the period beginning May 1, 2000 under paragraph (1)(A) for the current year ‘‘(2) ADJUSTMENT TO LIMIT ON THE DEBT through April 30, 2001, $3,628,000,000,000; included in the report referenced in para- HELD BY THE PUBLIC.—If social security re- ‘‘(2) for the period beginning May 1, 2001 graph (1)(C) to— form legislation is enacted, the Secretary through April 30, 2002, $3,512,000,000,000; ‘‘(i) the limit set forth in subsection (a) for shall adjust the limit on the debt held by the ‘‘(3) for the period beginning May 1, 2002 the period of years that begins on May 1 of public for each period of fiscal years by the through April 30, 2004, $3,383,000,000,000; that calendar year; and amounts determined under paragraph (1)(A) ‘‘(4) for the period beginning May 1, 2004 ‘‘(ii) each subsequent limit; and for the relevant fiscal years included in the through April 30, 2006, $3,100,000,000,000; ‘‘(B) with respect to the periods described report referenced in paragraph (1)(C). ‘‘(5) for the period beginning May 1, 2006 in subsections (a)(4), (a)(5), and (a)(6), the ‘‘(e) DEFINITIONS.—In this section: through April 30, 2008, $2,775,000,000,000; and, Secretary shall add the amounts calculated ‘‘(1) SECRETARY.—The term ‘Secretary’ ‘‘(6) for the period beginning May 1, 2008 under paragraph (1)(A) for the current year means the Secretary of the Treasury. through April 30, 2010, $2,404,000,000,000. included in the report referenced in para- ‘‘(2) SOCIAL SECURITY REFORM LEGISLA- ‘‘(b) ADJUSTMENTS FOR ACTUAL SOCIAL SE- graph (1)(C) to— TION.—The term ‘social security reform leg- CURITY SURPLUS LEVELS.— ‘‘(i) the limit set forth in subsection (a) for islation’ means a bill or joint resolution that ‘‘(1) ESTIMATED LEVELS.—The estimated the period of years that includes May 1 of is enacted into law and includes a provision level of social security surpluses for the pur- that calendar year; and stating the following: poses of this section is— ‘‘(ii) each subsequent limit. ‘‘ ‘( ) SOCIAL SECURITY REFORM LEGISLA- ‘‘(A) for fiscal year 1999, $127,000,000,000; ‘‘(3) EXCEPTION.—The Secretary shall not TION.—For the purposes of the Social Secu- ‘‘(B) for fiscal year 2000, $137,000,000,000; make the adjustments pursuant to this sec- rity Surplus Preservation and Debt Reduc- ‘‘(C) for fiscal year 2001, $145,000,000,000; tion if the adjustments for the current year tion Act, this Act constitutes social security ‘‘(D) for fiscal year 2002, $153,000,000,000; are less than the on-budget surplus for the reform legislation.’ ‘‘(E) for fiscal year 2003, $162,000,000,000; year before the current year. This paragraph shall apply only to the first ‘‘(F) for fiscal year 2004, $171,000,000,000; ‘‘(d) ADJUSTMENT TO THE LIMIT FOR LOW bill or joint resolution enacted into law as ‘‘(G) for fiscal year 2005, $184,000,000,000; ECONOMIC GROWTH AND WAR.— described in this paragraph. ‘‘(H) for fiscal year 2006, $193,000,000,000; ‘‘(1) SUSPENSION OF STATUTORY LIMIT ON ‘‘(3) SOCIAL SECURITY REFORM PROVISIONS.— ‘‘(I) for fiscal year 2007, $204,000,000,000; DEBT HELD BY THE PUBLIC.— The term ‘social security reform provisions’ ‘‘(J) for fiscal year 2008, $212,000,000,000; and ‘‘(A) LOW ECONOMIC GROWTH.—If the most means a provision or provisions identified in ‘‘(K) for fiscal year 2009, $218,000,000,000. recent of the Department of Commerce’s ad- social security reform legislation stating the ‘‘(2) ADJUSTMENT TO THE LIMIT FOR ACTUAL vance, preliminary, or final reports of actual following: SOCIAL SECURITY SURPLUSES.—After October 1 real economic growth indicate that the rate ‘‘ ‘( ) SOCIAL SECURITY REFORM PROVI- and no later than December 31 of each year, of real economic growth for each of the most SIONS.—For the purposes of the Social Secu- the Secretary shall make the following cal- recently reported quarter and the imme- rity Surplus Preservation and Debt Reduc- culations and adjustments: diately preceding quarter is less than 1 per- tion Act, llll of this Act constitutes or ‘‘(A) CALCULATION.—After the Secretary cent, the limit on the debt held by the public constitute social security reform provi- determines the actual level for the social se- established in this section is suspended. sions.’, with a list of specific provisions in curity surplus for the current year, the Sec- ‘‘(B) WAR.—If a declaration of war is in ef- that bill or joint resolution specified in the retary shall take the estimated level of the fect, the limit on the debt held by the public blank space.’’. social security surplus for that year specified established in this section is suspended. in paragraph (1) and subtract that actual ‘‘(2) RESTORATION OF STATUTORY LIMIT ON SEC. 205. PRESIDENT’S BUDGET. level. DEBT HELD BY THE PUBLIC.— Section 1105(f) of title 31, United States ‘‘(B) ADJUSTMENT.— ‘‘(A) RESTORATION OF LIMIT.—The statutory Code, is amended by striking ‘‘in a manner ‘‘(i) 2000 THROUGH 2004.—With respect to the limit on debt held by the public shall be re- consistent’’ and inserting ‘‘in compliance’’. periods described in subsections (a)(1), (a)(2), stored on May 1 following the quarter in and (a)(3), the Secretary shall add the which the level of real Gross Domestic Prod- SEC. 206. SUNSET. amount calculated under subparagraph (A) uct in the final report from the Department This title and the amendments made by to— of Commerce is equal to or is higher than the this title shall expire on April 30, 2010. April 26, 1999 CONGRESSIONAL RECORD — SENATE S4195

AMENDMENT NO. 257 ‘‘(A) the limit on the debt held by the pub- ‘‘(2) a limit on the debt held by the public At the end of the instructions add the fol- lic in section 253A(a) of the Balanced Budget to ensure that social security surpluses are lowing: and Emergency Deficit Control Act of 1985 is used for social security reform or to reduce suspended; or debt held by the public and are not spent on with an amendment as follows: At the end of the bill add the following: ‘‘(B) the deficit for a fiscal year results other programs.’’; solely from the enactment of— (2) in section 250(c)(1), by inserting ‘‘ ‘ debt TITLE II—SOCIAL SECURITY SURPLUS ‘‘(i) social security reform legislation, as held by the public’, ‘social security surplus’ ’’ PRESERVATION AND DEBT REDUCTION defined in section 253A(e)(2) of the Balanced after ‘‘outlays’, ’’; and ACT Budget and Emergency Deficit Control Act (3) by inserting after section 253 the fol- SEC. 201. SHORT TITLE. of 1985; or lowing: This title may be cited as the ‘‘Social Se- ‘‘(ii) provisions of legislation that are des- ‘‘SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. curity Surplus Preservation and Debt Reduc- ignated as an emergency requirement pursu- tion Act’’. ant to section 251(b)(2)(A) or 252(e) of the ‘‘(a) LIMIT.—The debt held by the public SEC. 202. FINDINGS. Balanced Budget and Emergency Deficit shall not exceed— ‘‘(1) for the period beginning May 1, 2000 Congress finds that— Control Act of 1985.’’. through April 30, 2001, $3,628,000,000,000; (1) the $69,246,000,000 unified budget surplus (c) SUPERMAJORITY WAIVER AND APPEAL.— ‘‘(2) for the period beginning May 1, 2001 achieved in fiscal year 1998 was entirely due Subsections (c)(1) and (d)(2) of section 904 of through April 30, 2002, $3,512,000,000,000; to surpluses generated by the social security the Congressional Budget Act of 1974 are ‘‘(3) for the period beginning May 1, 2002 trust funds and the cumulative unified budg- amended by striking ‘‘305(b)(2),’’ and insert- through April 30, 2004, $3,383,000,000,000; et surpluses projected for subsequent fiscal ing ‘‘301(k), 301(l), 305(b)(2), 318,’’. (d) CONFORMING AMENDMENT.—Section 318 ‘‘(4) for the period beginning May 1, 2004 years are primarily due to surpluses gen- of the Congressional Budget Act of 1974, as through April 30, 2006, $3,100,000,000,000; erated by the social security trust funds; added by this Act, is amended by adding at ‘‘(5) for the period beginning May 1, 2006 (2) Congress and the President should bal- the end the following: through April 30, 2008, $2,775,000,000,000; and, ance the budget excluding the surpluses gen- ‘‘(c) EXCEPTION FOR DEFENSE SPENDING.— ‘‘(6) for the period beginning May 1, 2008 erated by the social security trust funds; Subsection (b) shall not apply against an through April 30, 2010, $2,404,000,000,000. (3) according to the Congressional Budget emergency designation for a provision mak- Office, balancing the budget excluding the ‘‘(b) ADJUSTMENTS FOR ACTUAL SOCIAL SE- ing discretionary appropriations in the de- surpluses generated by the social security CURITY SURPLUS LEVELS.— fense category.’’. trust funds will reduce the debt held by the ‘‘(1) ESTIMATED LEVELS.—The estimated SEC. 204. DEDICATION OF SOCIAL SECURITY SUR- public by a total of $1,723,000,000,000 by the level of social security surpluses for the pur- PLUSES TO REDUCTION IN THE poses of this section is— end of fiscal year 2009; and DEBT HELD BY THE PUBLIC. ‘‘(A) for fiscal year 1999, $127,000,000,000; (4) social security surpluses should be used (a) AMENDMENTS TO THE CONGRESSIONAL ‘‘(B) for fiscal year 2000, $137,000,000,000; for social security reform or to reduce the BUDGET ACT OF 1974.—The Congressional ‘‘(C) for fiscal year 2001, $145,000,000,000; debt held by the public and should not be Budget Act of 1974 is amended— ‘‘(D) for fiscal year 2002, $153,000,000,000; spent on other programs. (1) in section 3, by adding at the end the ‘‘(E) for fiscal year 2003, $162,000,000,000; SEC. 203. PROTECTION OF THE SOCIAL SECURITY following: ‘‘(F) for fiscal year 2004, $171,000,000,000; TRUST FUNDS. ‘‘(11)(A) The term ‘debt held by the public’ ‘‘(G) for fiscal year 2005, $184,000,000,000; (a) PROTECTION BY CONGRESS.— means the outstanding face amount of all ‘‘(H) for fiscal year 2006, $193,000,000,000; (1) REAFFIRMATION OF SUPPORT.—Congress debt obligations issued by the United States ‘‘(I) for fiscal year 2007, $204,000,000,000; reaffirms its support for the provisions of Government that are held by outside inves- ‘‘(J) for fiscal year 2008, $212,000,000,000; and section 13301 of the Budget Enforcement Act tors, including individuals, corporations, ‘‘(K) for fiscal year 2009, $218,000,000,000. of 1990 that provides that the receipts and State or local governments, foreign govern- ‘‘(2) ADJUSTMENT TO THE LIMIT FOR ACTUAL disbursements of the social security trust ments, and the Federal Reserve System. SOCIAL SECURITY SURPLUSES.—After October 1 funds shall not be counted for the purposes ‘‘(B) For the purpose of this paragraph, the and no later than December 31 of each year, of the budget submitted by the President, term ‘face amount’, for any month, of any the Secretary shall make the following cal- the congressional budget, or the Balanced debt obligation issued on a discount basis culations and adjustments: Budget and Emergency Deficit Control Act that is not redeemable before maturity at ‘‘(A) CALCULATION.—After the Secretary of 1985. the option of the holder of the obligation is determines the actual level for the social se- (2) PROTECTION OF SOCIAL SECURITY BENE- an amount equal to the sum of— curity surplus for the current year, the Sec- FITS.—If there are sufficient balances in the ‘‘(i) the original issue price of the obliga- retary shall take the estimated level of the Federal Old-Age and Survivors Insurance tion; plus social security surplus for that year specified Trust Fund and the Federal Disability Insur- ‘‘(ii) the portion of the discount on the ob- in paragraph (1) and subtract that actual ance Trust Fund, the Secretary of Treasury ligation attributable to periods before the level. shall give priority to the payment of social beginning of such month. ‘‘(B) ADJUSTMENT.— security benefits required to be paid by law. ‘‘(12) The term ‘social security surplus’ ‘‘(i) 2000 THROUGH 2004.—With respect to the (b) POINTS OF ORDER.—Section 301 of the means the amount for a fiscal year that re- periods described in subsections (a)(1), (a)(2), Congressional Budget Act of 1974 is amended ceipts exceed outlays of the Federal Old-Age and (a)(3), the Secretary shall add the by adding at the end the following: and Survivors Insurance Trust Fund and the amount calculated under subparagraph (A) ‘‘(j) SOCIAL SECURITY POINT OF ORDER.—It Federal Disability Insurance Trust Fund.’’; to— shall not be in order in the Senate to con- (2) in section 301(a) by— ‘‘(I) the limit set forth in subsection (a) for sider a concurrent resolution on the budget, (A) redesignating paragraphs (6) and (7) as the period of years that begins on May 1st of an amendment thereto, or a conference re- paragraphs (7) and (8), respectfully; and the following calendar year; and port thereon that violates section 13301 of (B) inserting after paragraph (5) the fol- ‘‘(II) each subsequent limit. the Budget Enforcement Act of 1990. lowing: ‘‘(ii) 2004 THROUGH 2010.—With respect to ‘‘(k) DEBT HELD BY THE PUBLIC POINT OF ‘‘(6) the debt held by the public; and’’; and the periods described in subsections (a)(4), ORDER.—It shall not be in order in the Sen- (3) in section 310(a) by— (a)(5), and (a)(6), the Secretary shall add the ate to consider any bill, joint resolution, (A) striking ‘‘or’’ at the end of paragraph amount calculated under subparagraph (A) amendment, motion, or conference report (3); to— that would— (B) by redesignating paragraph (4) as para- ‘‘(I) the limit set forth in subsection (a) for ‘‘(1) increase the limit on the debt held by graph (5); and the period of years that includes May 1st of the public in section 253A(a) of the Balanced (C) inserting the following new paragraph; the following calendar year; and Budget and Emergency Deficit Control Act ‘‘(4) specify the amounts by which the stat- ‘‘(II) each subsequent limit. of 1985; or utory limit on the debt held by the public is ‘‘(2) provide additional borrowing author- to be changed and direct the committee hav- ‘‘(c) ADJUSTMENT TO THE LIMIT FOR EMER- ity that would result in the limit on the debt ing jurisdiction to recommend such change; GENCIES.— held by the public in section 253A(a) of the or’’. ‘‘(1) ESTIMATE OF LEGISLATION.— Balanced Budget and Emergency Deficit (b) AMENDMENTS TO THE BALANCED BUDGET ‘‘(A) CALCULATION.—If legislation is en- Control Act of 1985 being exceeded. AND EMERGENCY DEFICIT CONTROL ACT OF acted into law that contains a provision that ‘‘(l) SOCIAL SECURITY SURPLUS PROTECTION 1985.—The Balanced Budget and Emergency is designated as an emergency requirement POINT OF ORDER.— Deficit Control Act of 1985 is amended— pursuant to section 251(b)(2)(A) or 252(e), ‘‘(1) IN GENERAL.—It shall not be in order in (1) in section 250, by striking subsection (b) OMB shall estimate the amount the debt the Senate to consider a concurrent resolu- and inserting the following: held by the public will change as a result of tion on the budget, an amendment thereto, ‘‘(b) GENERAL STATEMENT OF PURPOSE.— the provision’s effect on the level of total or a conference report thereon that sets This part provides for the enforcement of— outlays and receipts excluding the impact on forth a deficit in any fiscal year. ‘‘(1) a balanced budget excluding the re- outlays and receipts of the Federal Old-Age ‘‘(2) EXCEPTION.—Paragraph (1) shall not ceipts and disbursements of the social secu- and Survivors Insurance Trust Fund and the apply if— rity trust funds; and Federal Disability Insurance Trust Fund. S4196 CONGRESSIONAL RECORD — SENATE April 26, 1999

‘‘(B) BASELINE LEVELS.—OMB shall cal- fect on the level of total outlays and receipts trust funds will reduce the debt held by the culate the changes in subparagraph (A) rel- excluding the impact on outlays and receipts public by a total of $1,723,000,000,000 by the ative to baseline levels for each fiscal year of the Federal Old-Age and Survivors Insur- end of fiscal year 2009; and through fiscal year 2010 using current esti- ance Trust Fund and the Federal Disability (4) social security surpluses should be used mates. Insurance Trust Fund. for social security reform or to reduce the ‘‘(C) ESTIMATE.—OMB shall include the es- ‘‘(B) BASELINE LEVELS.—OMB shall cal- debt held by the public and should not be timate required by this paragraph in the re- culate the changes in subparagraph (A) rel- spent on other programs. port required under section 251(a)(7) or sec- ative to baseline levels for each fiscal year SEC. 203. PROTECTION OF THE SOCIAL SECURITY tion 252(d), as the case may be. through fiscal year 2010 using current esti- TRUST FUNDS. ‘‘(2) ADJUSTMENT.—After January 1 and no mates. (a) PROTECTION BY CONGRESS.— later than May 1 of each calendar year begin- ‘‘(C) ESTIMATE.—OMB shall include the es- (1) REAFFIRMATION OF SUPPORT.—Congress ning with calendar year 2000— timate required by this paragraph in the re- reaffirms its support for the provisions of ‘‘(A) with respect to the periods described port required under section 252(d) for social section 13301 of the Budget Enforcement Act in subsections (a)(1), (a)(2), and (a)(3), the security reform legislation. of 1990 that provides that the receipts and Secretary shall add the amounts calculated ‘‘(2) ADJUSTMENT TO LIMIT ON THE DEBT disbursements of the social security trust under paragraph (1)(A) for the current year HELD BY THE PUBLIC.—If social security re- funds shall not be counted for the purposes included in the report referenced in para- form legislation is enacted, the Secretary of the budget submitted by the President, graph (1)(C) to— shall adjust the limit on the debt held by the the congressional budget, or the Balanced ‘‘(i) the limit set forth in subsection (a) for public for each period of fiscal years by the Budget and Emergency Deficit Control Act the period of years that begins on May 1 of amounts determined under paragraph (1)(A) of 1985. that calendar year; and for the relevant fiscal years included in the (2) PROTECTION OF SOCIAL SECURITY BENE- ‘‘(ii) each subsequent limit; and report referenced in paragraph (1)(C). FITS.—If there are sufficient balances in the ‘‘(B) with respect to the periods described ‘‘(e) DEFINITIONS.—In this section: Federal Old-Age and Survivors Insurance in subsections (a)(4), (a)(5), and (a)(6), the ‘‘(1) SECRETARY.—The term ‘Secretary’ Trust Fund and the Federal Disability Insur- Secretary shall add the amounts calculated means the Secretary of the Treasury. ance Trust Fund, the Secretary of Treasury under paragraph (1)(A) for the current year ‘‘(2) SOCIAL SECURITY REFORM LEGISLA- shall give priority to the payment of social included in the report referenced in para- TION.—The term ‘social security reform leg- security benefits required to be paid by law. graph (1)(C) to— islation’ means a bill or joint resolution that (b) POINTS OF ORDER.—Section 301 of the ‘‘(i) the limit set forth in subsection (a) for is enacted into law and includes a provision Congressional Budget Act of 1974 is amended the period of years that includes May 1 of stating the following: by adding at the end the following: that calendar year; and ‘‘ ‘( ) SOCIAL SECURITY REFORM LEGISLA- ‘‘(j) SOCIAL SECURITY POINT OF ORDER.—It ‘‘(ii) each subsequent limit. TION.—For the purposes of the Social Secu- shall not be in order in the Senate to con- ‘‘(3) EXCEPTION.—The Secretary shall not rity Surplus Preservation and Debt Reduc- sider a concurrent resolution on the budget, make the adjustments pursuant to this sec- tion Act, this Act constitutes social security an amendment thereto, or a conference re- tion if the adjustments for the current year reform legislation.’ port thereon that violates section 13301 of are less than the on-budget surplus for the This paragraph shall apply only to the first the Budget Enforcement Act of 1990. year before the current year. bill or joint resolution enacted into law as ‘‘(k) DEBT HELD BY THE PUBLIC POINT OF ‘‘(d) ADJUSTMENT TO THE LIMIT FOR LOW described in this paragraph. ORDER.—It shall not be in order in the Sen- ECONOMIC GROWTH AND WAR.— ‘‘(3) SOCIAL SECURITY REFORM PROVISIONS.— ate to consider any bill, joint resolution, ‘‘(1) SUSPENSION OF STATUTORY LIMIT ON The term ‘social security reform provisions’ amendment, motion, or conference report DEBT HELD BY THE PUBLIC.— means a provision or provisions identified in that would— ‘‘(A) LOW ECONOMIC GROWTH.—If the most social security reform legislation stating the ‘‘(1) increase the limit on the debt held by recent of the Department of Commerce’s ad- following: the public in section 253A(a) of the Balanced vance, preliminary, or final reports of actual ‘‘ ‘( ) SOCIAL SECURITY REFORM PROVI- Budget and Emergency Deficit Control Act real economic growth indicate that the rate SIONS.—For the purposes of the Social Secu- of 1985; or of real economic growth for each of the most rity Surplus Preservation and Debt Reduc- ‘‘(2) provide additional borrowing author- recently reported quarter and the imme- tion Act, llll of this Act constitutes or ity that would result in the limit on the debt diately preceding quarter is less than 1 per- constitute social security reform provi- held by the public in section 253A(a) of the cent, the limit on the debt held by the public sions.’, with a list of specific provisions in Balanced Budget and Emergency Deficit established in this section is suspended. that bill or joint resolution specified in the Control Act of 1985 being exceeded. ‘‘(B) WAR.—If a declaration of war is in ef- blank space.’’. ‘‘(l) SOCIAL SECURITY SURPLUS PROTECTION fect, the limit on the debt held by the public POINT OF ORDER.— SEC. 205. PRESIDENT’S BUDGET. established in this section is suspended. ‘‘(1) IN GENERAL.—It shall not be in order in ‘‘(2) RESTORATION OF STATUTORY LIMIT ON Section 1105(f) of title 31, United States the Senate to consider a concurrent resolu- DEBT HELD BY THE PUBLIC.— Code, is amended by striking ‘‘in a manner tion on the budget, an amendment thereto, ‘‘(A) RESTORATION OF LIMIT.—The statutory consistent’’ and inserting ‘‘in compliance’’. or a conference report thereon that sets limit on debt held by the public shall be re- SEC. 206. SUNSET. forth a deficit in any fiscal year. stored on May 1 following the quarter in This title and the amendments made by ‘‘(2) EXCEPTION.—Paragraph (1) shall not which the level of real Gross Domestic Prod- this title shall expire on April 30, 2010. apply if— uct in the final report from the Department ‘‘(A) the limit on the debt held by the pub- of Commerce is equal to or is higher than the AMENDMENT NO. 258 lic in section 253A(a) of the Balanced Budget level of real Gross Domestic Product in the At the end of the instructions add the fol- and Emergency Deficit Control Act of 1985 is quarter preceding the first two quarters that lowing: suspended; or caused the suspension of the pursuant to with an amendment as follows: ‘‘(B) the deficit for a fiscal year results paragraph (1). At the end of the bill add the following: solely from the enactment of— ‘‘(B) ADJUSTMENT.— TITLE II—SOCIAL SECURITY SURPLUS ‘‘(i) social security reform legislation, as ‘‘(i) CALCULATION.—The Secretary shall PRESERVATION AND DEBT REDUCTION defined in section 253A(e)(2) of the Balanced take level of the debt held by the public on ACT Budget and Emergency Deficit Control Act October 1 of the year preceding the date ref- of 1985; or SEC. 201. SHORT TITLE. erenced in subparagraph (A) and subtract the ‘‘(ii) provisions of legislation that are des- This title may be cited as the ‘‘Social Se- limit in subsection (a) for the period of years ignated as an emergency requirement pursu- curity Surplus Preservation and Debt Reduc- that includes the date referenced in subpara- ant to section 251(b)(2)(A) or 252(e) of the tion Act’’. graph (A). Balanced Budget and Emergency Deficit ‘‘(ii) ADJUSTMENT.—The Secretary shall SEC. 202. FINDINGS. Control Act of 1985.’’. add the amount calculated under clause (i) Congress finds that— (c) SUPERMAJORITY WAIVER AND APPEAL.— to— (1) the $69,246,000,000 unified budget surplus Subsections (c)(1) and (d)(2) of section 904 of ‘‘(I) the limit in subsection (a) for the pe- achieved in fiscal year 1998 was entirely due the Congressional Budget Act of 1974 are riod of fiscal years that includes the date ref- to surpluses generated by the social security amended by striking ‘‘305(b)(2),’’ and insert- erenced in subparagraph (A); and trust funds and the cumulative unified budg- ing ‘‘301(k), 301(l), 305(b)(2), 318,’’. ‘‘(II) each subsequent limit. et surpluses projected for subsequent fiscal (d) CONFORMING AMENDMENT.—Section 318 ‘‘(e) ADJUSTMENT TO THE LIMIT FOR SOCIAL years are primarily due to surpluses gen- of the Congressional Budget Act of 1974, as SECURITY REFORM PROVISIONS THAT AFFECT erated by the social security trust funds; added by this Act, is amended by adding at ON-BUDGET LEVELS.— (2) Congress and the President should bal- the end the following: ‘‘(1) ESTIMATE OF LEGISLATION.— ance the budget excluding the surpluses gen- ‘‘(c) EXCEPTION FOR DEFENSE SPENDING.— ‘‘(A) CALCULATION.—If social security re- erated by the social security trust funds; Subsection (b) shall not apply against an form legislation is enacted, OMB shall esti- (3) according to the Congressional Budget emergency designation for a provision mak- mate the amount the debt held by the public Office, balancing the budget excluding the ing discretionary appropriations in the de- will change as a result of the legislation’s ef- surpluses generated by the social security fense category.’’. April 26, 1999 CONGRESSIONAL RECORD — SENATE S4197

SEC. 204. DEDICATION OF SOCIAL SECURITY SUR- ‘‘(1) ESTIMATED LEVELS.—The estimated ‘‘(i) the limit set forth in subsection (a) for PLUSES TO REDUCTION IN THE level of social security surpluses for the pur- the period of years that includes May 1 of DEBT HELD BY THE PUBLIC. poses of this section is— that calendar year; and (a) AMENDMENTS TO THE CONGRESSIONAL ‘‘(A) for fiscal year 1999, $127,000,000,000; ‘‘(ii) each subsequent limit. BUDGET ACT OF 1974.—The Congressional ‘‘(B) for fiscal year 2000, $137,000,000,000; ‘‘(3) EXCEPTION.—The Secretary shall not Budget Act of 1974 is amended— ‘‘(C) for fiscal year 2001, $145,000,000,000; make the adjustments pursuant to this sec- (1) in section 3, by adding at the end the ‘‘(D) for fiscal year 2002, $153,000,000,000; tion if the adjustments for the current year following: ‘‘(E) for fiscal year 2003, $162,000,000,000; are less than the on-budget surplus for the ‘‘(11)(A) The term ‘debt held by the public’ ‘‘(F) for fiscal year 2004, $171,000,000,000; year before the current year. means the outstanding face amount of all ‘‘(G) for fiscal year 2005, $184,000,000,000; ‘‘(d) ADJUSTMENT TO THE LIMIT FOR LOW debt obligations issued by the United States ‘‘(H) for fiscal year 2006, $193,000,000,000; ECONOMIC GROWTH AND WAR.— Government that are held by outside inves- ‘‘(I) for fiscal year 2007, $204,000,000,000; ‘‘(1) SUSPENSION OF STATUTORY LIMIT ON tors, including individuals, corporations, ‘‘(J) for fiscal year 2008, $212,000,000,000; and DEBT HELD BY THE PUBLIC.— State or local governments, foreign govern- ‘‘(K) for fiscal year 2009, $218,000,000,000. ‘‘(A) LOW ECONOMIC GROWTH.—If the most ments, and the Federal Reserve System. ‘‘(2) ADJUSTMENT TO THE LIMIT FOR ACTUAL recent of the Department of Commerce’s ad- ‘‘(B) For the purpose of this paragraph, the SOCIAL SECURITY SURPLUSES.—After October 1 vance, preliminary, or final reports of actual term ‘face amount’, for any month, of any and no later than December 31 of each year, real economic growth indicate that the rate debt obligation issued on a discount basis the Secretary shall make the following cal- of real economic growth for each of the most that is not redeemable before maturity at culations and adjustments: recently reported quarter and the imme- the option of the holder of the obligation is ‘‘(A) CALCULATION.—After the Secretary diately preceding quarter is less than 1 per- an amount equal to the sum of— determines the actual level for the social se- cent, the limit on the debt held by the public ‘‘(i) the original issue price of the obliga- curity surplus for the current year, the Sec- established in this section is suspended. tion; plus retary shall take the estimated level of the ‘‘(B) WAR.—If a declaration of war is in ef- ‘‘(ii) the portion of the discount on the ob- social security surplus for that year specified fect, the limit on the debt held by the public ligation attributable to periods before the in paragraph (1) and subtract that actual established in this section is suspended. beginning of such month. level. ‘‘(2) RESTORATION OF STATUTORY LIMIT ON DEBT HELD BY THE PUBLIC.— ‘‘(12) The term ‘social security surplus’ ‘‘(B) ADJUSTMENT.— ‘‘(A) RESTORATION OF LIMIT.—The statutory means the amount for a fiscal year that re- ‘‘(i) 2000 THROUGH 2004.—With respect to the limit on debt held by the public shall be re- ceipts exceed outlays of the Federal Old-Age periods described in subsections (a)(1), (a)(2), stored on May 1 following the quarter in and Survivors Insurance Trust Fund and the and (a)(3), the Secretary shall add the which the level of real Gross Domestic Prod- Federal Disability Insurance Trust Fund.’’; amount calculated under subparagraph (A) uct in the final report from the Department (2) in section 301(a) by— to— of Commerce is equal to or is higher than the (A) redesignating paragraphs (6) and (7) as ‘‘(I) the limit set forth in subsection (a) for level of real Gross Domestic Product in the paragraphs (7) and (8), respectfully; and the period of years that begins on May 1st of quarter preceding the first two quarters that (B) inserting after paragraph (5) the fol- the following calendar year; and caused the suspension of the pursuant to lowing: ‘‘(II) each subsequent limit. paragraph (1). ‘‘(6) the debt held by the public; and’’; and ‘‘(ii) 2004 THROUGH 2010.—With respect to ‘‘(B) ADJUSTMENT.— (3) in section 310(a) by— the periods described in subsections (a)(4), ‘‘(i) CALCULATION.—The Secretary shall (A) striking ‘‘or’’ at the end of paragraph (a)(5), and (a)(6), the Secretary shall add the take level of the debt held by the public on (3); amount calculated under subparagraph (A) October 1 of the year preceding the date ref- (B) by redesignating paragraph (4) as para- to— erenced in subparagraph (A) and subtract the graph (5); and ‘‘(I) the limit set forth in subsection (a) for limit in subsection (a) for the period of years (C) inserting the following new paragraph; the period of years that includes May 1st of that includes the date referenced in subpara- ‘‘(4) specify the amounts by which the stat- the following calendar year; and graph (A). utory limit on the debt held by the public is ‘‘(II) each subsequent limit. ‘‘(ii) ADJUSTMENT.—The Secretary shall to be changed and direct the committee hav- ‘‘(c) ADJUSTMENT TO THE LIMIT FOR EMER- add the amount calculated under clause (i) ing jurisdiction to recommend such change; GENCIES.— to— or’’. ‘‘(1) ESTIMATE OF LEGISLATION.— ‘‘(I) the limit in subsection (a) for the pe- (b) AMENDMENTS TO THE BALANCED BUDGET ‘‘(A) CALCULATION.—If legislation is en- riod of fiscal years that includes the date ref- AND EMERGENCY DEFICIT CONTROL ACT OF acted into law that contains a provision that erenced in subparagraph (A); and 1985.—The Balanced Budget and Emergency is designated as an emergency requirement ‘‘(II) each subsequent limit. Deficit Control Act of 1985 is amended— pursuant to section 251(b)(2)(A) or 252(e), ‘‘(e) ADJUSTMENT TO THE LIMIT FOR SOCIAL (1) in section 250, by striking subsection (b) OMB shall estimate the amount the debt SECURITY REFORM PROVISIONS THAT AFFECT and inserting the following: held by the public will change as a result of ON-BUDGET LEVELS.— ‘‘(b) GENERAL STATEMENT OF PURPOSE.— the provision’s effect on the level of total ‘‘(1) ESTIMATE OF LEGISLATION.— This part provides for the enforcement of— outlays and receipts excluding the impact on ‘‘(A) CALCULATION.—If social security re- ‘‘(1) a balanced budget excluding the re- outlays and receipts of the Federal Old-Age form legislation is enacted, OMB shall esti- ceipts and disbursements of the social secu- and Survivors Insurance Trust Fund and the mate the amount the debt held by the public rity trust funds; and Federal Disability Insurance Trust Fund. will change as a result of the legislation’s ef- ‘‘(2) a limit on the debt held by the public ‘‘(B) BASELINE LEVELS.—OMB shall cal- fect on the level of total outlays and receipts to ensure that social security surpluses are culate the changes in subparagraph (A) rel- excluding the impact on outlays and receipts used for social security reform or to reduce ative to baseline levels for each fiscal year of the Federal Old-Age and Survivors Insur- debt held by the public and are not spent on through fiscal year 2010 using current esti- ance Trust Fund and the Federal Disability other programs.’’; mates. Insurance Trust Fund. (2) in section 250(c)(1), by inserting ‘‘ ‘ debt ‘‘(C) ESTIMATE.—OMB shall include the es- ‘‘(B) BASELINE LEVELS.—OMB shall cal- held by the public’, ‘social security surplus’ ’’ timate required by this paragraph in the re- culate the changes in subparagraph (A) rel- after ‘‘outlays’, ’’; and port required under section 251(a)(7) or sec- ative to baseline levels for each fiscal year (3) by inserting after section 253 the fol- tion 252(d), as the case may be. through fiscal year 2010 using current esti- lowing: ‘‘(2) ADJUSTMENT.—After January 1 and no mates. later than May 1 of each calendar year begin- ‘‘(C) ESTIMATE.—OMB shall include the es- ‘‘SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. ning with calendar year 2000— timate required by this paragraph in the re- ‘‘(a) LIMIT.—The debt held by the public ‘‘(A) with respect to the periods described port required under section 252(d) for social shall not exceed— in subsections (a)(1), (a)(2), and (a)(3), the security reform legislation. ‘‘(1) for the period beginning May 1, 2000 Secretary shall add the amounts calculated ‘‘(2) ADJUSTMENT TO LIMIT ON THE DEBT through April 30, 2001, $3,628,000,000,000; under paragraph (1)(A) for the current year HELD BY THE PUBLIC.—If social security re- ‘‘(2) for the period beginning May 1, 2001 included in the report referenced in para- form legislation is enacted, the Secretary through April 30, 2002, $3,512,000,000,000; graph (1)(C) to— shall adjust the limit on the debt held by the ‘‘(3) for the period beginning May 1, 2002 ‘‘(i) the limit set forth in subsection (a) for public for each period of fiscal years by the through April 30, 2004, $3,383,000,000,000; the period of years that begins on May 1 of amounts determined under paragraph (1)(A) ‘‘(4) for the period beginning May 1, 2004 that calendar year; and for the relevant fiscal years included in the through April 30, 2006, $3,100,000,000,000; ‘‘(ii) each subsequent limit; and report referenced in paragraph (1)(C). ‘‘(5) for the period beginning May 1, 2006 ‘‘(B) with respect to the periods described ‘‘(e) DEFINITIONS.—In this section: through April 30, 2008, $2,775,000,000,000; and, in subsections (a)(4), (a)(5), and (a)(6), the ‘‘(1) SECRETARY.—The term ‘Secretary’ ‘‘(6) for the period beginning May 1, 2008 Secretary shall add the amounts calculated means the Secretary of the Treasury. through April 30, 2010, $2,404,000,000,000. under paragraph (1)(A) for the current year ‘‘(2) SOCIAL SECURITY REFORM LEGISLA- ‘‘(b) ADJUSTMENTS FOR ACTUAL SOCIAL SE- included in the report referenced in para- TION.—The term ‘social security reform leg- CURITY SURPLUS LEVELS.— graph (1)(C) to— islation’ means a bill or joint resolution that S4198 CONGRESSIONAL RECORD — SENATE April 26, 1999

is enacted into law and includes a provision ‘‘(j) SOCIAL SECURITY POINT OF ORDER.—It (2) in section 301(a) by— stating the following: shall not be in order in the Senate to con- (A) redesignating paragraphs (6) and (7) as ‘‘‘( ) SOCIAL SECURITY REFORM LEGISLA- sider a concurrent resolution on the budget, paragraphs (7) and (8), respectfully; and TION.—For the purposes of the Social Secu- an amendment thereto, or a conference re- (B) inserting after paragraph (5) the fol- rity Surplus Preservation and Debt Reduc- port thereon that violates section 13301 of lowing: tion Act, this Act constitutes social security the Budget Enforcement Act of 1990. ‘‘(6) the debt held by the public; and’’; and reform legislation.’ ‘‘(k) DEBT HELD BY THE PUBLIC POINT OF (3) in section 310(a) by— This paragraph shall apply only to the first ORDER.—It shall not be in order in the Sen- (A) striking ‘‘or’’ at the end of paragraph bill or joint resolution enacted into law as ate to consider any bill, joint resolution, (3); described in this paragraph. amendment, motion, or conference report (B) by redesignating paragraph (4) as para- ‘‘(3) SOCIAL SECURITY REFORM PROVISIONS.— that would— graph (5); and The term ‘social security reform provisions’ ‘‘(1) increase the limit on the debt held by (C) inserting the following new paragraph; means a provision or provisions identified in the public in section 253A(a) of the Balanced ‘‘(4) specify the amounts by which the stat- social security reform legislation stating the Budget and Emergency Deficit Control Act utory limit on the debt held by the public is following: of 1985; or to be changed and direct the committee hav- ‘‘(2) provide additional borrowing author- ‘‘ ‘( ) SOCIAL SECURITY REFORM PROVI- ing jurisdiction to recommend such change; ity that would result in the limit on the debt SIONS.—For the purposes of the Social Secu- or’’. held by the public in section 253A(a) of the rity Surplus Preservation and Debt Reduc- (b) AMENDMENTS TO THE BALANCED BUDGET Balanced Budget and Emergency Deficit tion Act, llll of this Act constitutes or AND EMERGENCY DEFICIT CONTROL ACT OF constitute social security reform provi- Control Act of 1985 being exceeded. 1985.—The Balanced Budget and Emergency ‘‘(l) SOCIAL SECURITY SURPLUS PROTECTION sions.’, with a list of specific provisions in Deficit Control Act of 1985 is amended— POINT OF ORDER.— that bill or joint resolution specified in the (1) in section 250, by striking subsection (b) ‘‘(1) IN GENERAL.—It shall not be in order in blank space.’’. the Senate to consider a concurrent resolu- and inserting the following: SEC. 205. PRESIDENT’S BUDGET. tion on the budget, an amendment thereto, ‘‘(b) GENERAL STATEMENT OF PURPOSE.— Section 1105(f) of title 31, United States or a conference report thereon that sets This part provides for the enforcement of— Code, is amended by striking ‘‘in a manner forth a deficit in any fiscal year. ‘‘(1) a balanced budget excluding the re- consistent’’ and inserting ‘‘in compliance’’. ‘‘(2) EXCEPTION.—Paragraph (1) shall not ceipts and disbursements of the social secu- SEC. 206. SUNSET. apply if— rity trust funds; and This title and the amendments made by ‘‘(A) the limit on the debt held by the pub- ‘‘(2) a limit on the debt held by the public this title shall expire on April 30, 2010. lic in section 253A(a) of the Balanced Budget to ensure that social security surpluses are and Emergency Deficit Control Act of 1985 is used for social security reform or to reduce AMENDMENT NO. 259 suspended; or debt held by the public and are not spent on In the pending amendment strike all after ‘‘(B) the deficit for a fiscal year results other programs.’’; the word ‘‘following’’ and insert the fol- solely from the enactment of— (2) in section 250(c)(1), by inserting ‘‘ ‘ debt lowing: ‘‘(i) social security reform legislation, as held by the public’, ‘social security surplus’ ’’ TITLE II—SOCIAL SECURITY SURPLUS defined in section 253A(e)(2) of the Balanced after ‘‘outlays’, ’’; and PRESERVATION AND DEBT REDUCTION Budget and Emergency Deficit Control Act (3) by inserting after section 253 the fol- ACT of 1985; or lowing: SEC. 201. SHORT TITLE. ‘‘(ii) provisions of legislation that are des- ‘‘SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. This title may be cited as the ‘‘Social Se- ignated as an emergency requirement pursu- ‘‘(a) LIMIT.—The debt held by the public curity Surplus Preservation and Debt Reduc- ant to section 251(b)(2)(A) or 252(e) of the shall not exceed— tion Act’’. Balanced Budget and Emergency Deficit ‘‘(1) for the period beginning May 1, 2000 SEC. 202. FINDINGS. Control Act of 1985.’’. through April 30, 2001, $3,628,000,000,000; Congress finds that— (c) SUPERMAJORITY WAIVER AND APPEAL.— ‘‘(2) for the period beginning May 1, 2001 (1) the $69,246,000,000 unified budget surplus Subsections (c)(1) and (d)(2) of section 904 of through April 30, 2002, $3,512,000,000,000; achieved in fiscal year 1998 was entirely due the Congressional Budget Act of 1974 are ‘‘(3) for the period beginning May 1, 2002 amended by striking ‘‘305(b)(2),’’ and insert- to surpluses generated by the social security through April 30, 2004, $3,383,000,000,000; ing ‘‘301(k), 301(l), 305(b)(2), 318,’’. trust funds and the cumulative unified budg- ‘‘(4) for the period beginning May 1, 2004 (d) CONFORMING AMENDMENT.—Section 318 et surpluses projected for subsequent fiscal through April 30, 2006, $3,100,000,000,000; of the Congressional Budget Act of 1974, as ‘‘(5) for the period beginning May 1, 2006 years are primarily due to surpluses gen- added by this Act, is amended by adding at through April 30, 2008, $2,775,000,000,000; and, erated by the social security trust funds; the end the following: ‘‘(6) for the period beginning May 1, 2008 (2) Congress and the President should bal- ‘‘(c) EXCEPTION FOR DEFENSE SPENDING.— ance the budget excluding the surpluses gen- Subsection (b) shall not apply against an through April 30, 2010, $2,404,000,000,000. erated by the social security trust funds; emergency designation for a provision mak- ‘‘(b) ADJUSTMENTS FOR ACTUAL SOCIAL SE- (3) according to the Congressional Budget ing discretionary appropriations in the de- CURITY SURPLUS LEVELS.— Office, balancing the budget excluding the fense category.’’. ‘‘(1) ESTIMATED LEVELS.—The estimated level of social security surpluses for the pur- surpluses generated by the social security SEC. 204. DEDICATION OF SOCIAL SECURITY SUR- trust funds will reduce the debt held by the PLUSES TO REDUCTION IN THE poses of this section is— public by a total of $1,723,000,000,000 by the DEBT HELD BY THE PUBLIC. ‘‘(A) for fiscal year 1999, $127,000,000,000; end of fiscal year 2009; and (a) AMENDMENTS TO THE CONGRESSIONAL ‘‘(B) for fiscal year 2000, $137,000,000,000; (4) social security surpluses should be used BUDGET ACT OF 1974.—The Congressional ‘‘(C) for fiscal year 2001, $145,000,000,000; for social security reform or to reduce the Budget Act of 1974 is amended— ‘‘(D) for fiscal year 2002, $153,000,000,000; debt held by the public and should not be (1) in section 3, by adding at the end the ‘‘(E) for fiscal year 2003, $162,000,000,000; spent on other programs. following: ‘‘(F) for fiscal year 2004, $171,000,000,000; SEC. 203. PROTECTION OF THE SOCIAL SECURITY ‘‘(11)(A) The term ‘debt held by the public’ ‘‘(G) for fiscal year 2005, $184,000,000,000; TRUST FUNDS. means the outstanding face amount of all ‘‘(H) for fiscal year 2006, $193,000,000,000; (a) PROTECTION BY CONGRESS.— debt obligations issued by the United States ‘‘(I) for fiscal year 2007, $204,000,000,000; (1) REAFFIRMATION OF SUPPORT.—Congress Government that are held by outside inves- ‘‘(J) for fiscal year 2008, $212,000,000,000; and reaffirms its support for the provisions of tors, including individuals, corporations, ‘‘(K) for fiscal year 2009, $218,000,000,000. section 13301 of the Budget Enforcement Act State or local governments, foreign govern- ‘‘(2) ADJUSTMENT TO THE LIMIT FOR ACTUAL of 1990 that provides that the receipts and ments, and the Federal Reserve System. SOCIAL SECURITY SURPLUSES.—After October 1 disbursements of the social security trust ‘‘(B) For the purpose of this paragraph, the and no later than December 31 of each year, funds shall not be counted for the purposes term ‘face amount’, for any month, of any the Secretary shall make the following cal- of the budget submitted by the President, debt obligation issued on a discount basis culations and adjustments: the congressional budget, or the Balanced that is not redeemable before maturity at ‘‘(A) CALCULATION.—After the Secretary Budget and Emergency Deficit Control Act the option of the holder of the obligation is determines the actual level for the social se- of 1985. an amount equal to the sum of— curity surplus for the current year, the Sec- (2) PROTECTION OF SOCIAL SECURITY BENE- ‘‘(i) the original issue price of the obliga- retary shall take the estimated level of the FITS.—If there are sufficient balances in the tion; plus social security surplus for that year specified Federal Old-Age and Survivors Insurance ‘‘(ii) the portion of the discount on the ob- in paragraph (1) and subtract that actual Trust Fund and the Federal Disability Insur- ligation attributable to periods before the level. ance Trust Fund, the Secretary of Treasury beginning of such month. ‘‘(B) ADJUSTMENT.— shall give priority to the payment of social ‘‘(12) The term ‘social security surplus’ ‘‘(i) 2000 THROUGH 2004.—With respect to the security benefits required to be paid by law. means the amount for a fiscal year that re- periods described in subsections (a)(1), (a)(2), (b) POINTS OF ORDER.—Section 301 of the ceipts exceed outlays of the Federal Old-Age and (a)(3), the Secretary shall add the Congressional Budget Act of 1974 is amended and Survivors Insurance Trust Fund and the amount calculated under subparagraph (A) by adding at the end the following: Federal Disability Insurance Trust Fund.’’; to— April 26, 1999 CONGRESSIONAL RECORD — SENATE S4199

‘‘(I) the limit set forth in subsection (a) for level of real Gross Domestic Product in the AMENDMENT NO. 260 the period of years that begins on May 1st of quarter preceding the first two quarters that In the pending amendment strike all after the following calendar year; and caused the suspension of the pursuant to the word ‘‘following’’ and insert the fol- ‘‘(II) each subsequent limit. paragraph (1). lowing: ‘‘(ii) 2004 THROUGH 2010.—With respect to the ‘‘(B) ADJUSTMENT.— TITLE II—SOCIAL SECURITY SURPLUS periods described in subsections (a)(4), (a)(5), ‘‘(i) CALCULATION.—The Secretary shall PRESERVATION AND DEBT REDUCTION and (a)(6), the Secretary shall add the take level of the debt held by the public on ACT amount calculated under subparagraph (A) October 1 of the year preceding the date ref- to— erenced in subparagraph (A) and subtract the SEC. 201. SHORT TITLE. This title may be cited as the ‘‘Social Se- ‘‘(I) the limit set forth in subsection (a) for limit in subsection (a) for the period of years curity Surplus Preservation and Debt Reduc- the period of years that includes May 1st of that includes the date referenced in subpara- tion Act’’. the following calendar year; and graph (A). SEC. 202. FINDINGS. ‘‘(II) each subsequent limit. ‘‘(ii) ADJUSTMENT.—The Secretary shall ‘‘(c) ADJUSTMENT TO THE LIMIT FOR EMER- add the amount calculated under clause (i) Congress finds that— GENCIES.— to— (1) the $69,246,000,000 unified budget surplus ‘‘(1) ESTIMATE OF LEGISLATION.— ‘‘(I) the limit in subsection (a) for the pe- achieved in fiscal year 1998 was entirely due ‘‘(A) CALCULATION.—If legislation is en- riod of fiscal years that includes the date ref- to surpluses generated by the social security acted into law that contains a provision that erenced in subparagraph (A); and trust funds and the cumulative unified budg- is designated as an emergency requirement ‘‘(II) each subsequent limit. et surpluses projected for subsequent fiscal pursuant to section 251(b)(2)(A) or 252(e), years are primarily due to surpluses gen- OMB shall estimate the amount the debt ‘‘(e) ADJUSTMENT TO THE LIMIT FOR SOCIAL erated by the social security trust funds; held by the public will change as a result of SECURITY REFORM PROVISIONS THAT AFFECT (2) Congress and the President should bal- the provision’s effect on the level of total ON-BUDGET LEVELS.— ance the budget excluding the surpluses gen- outlays and receipts excluding the impact on ‘‘(1) ESTIMATE OF LEGISLATION.— erated by the social security trust funds; outlays and receipts of the Federal Old-Age ‘‘(A) CALCULATION.—If social security re- (3) according to the Congressional Budget and Survivors Insurance Trust Fund and the form legislation is enacted, OMB shall esti- Office, balancing the budget excluding the Federal Disability Insurance Trust Fund. mate the amount the debt held by the public surpluses generated by the social security ‘‘(B) BASELINE LEVELS.—OMB shall cal- will change as a result of the legislation’s ef- trust funds will reduce the debt held by the culate the changes in subparagraph (A) rel- fect on the level of total outlays and receipts public by a total of $1,723,000,000,000 by the ative to baseline levels for each fiscal year excluding the impact on outlays and receipts end of fiscal year 2009; and through fiscal year 2010 using current esti- of the Federal Old-Age and Survivors Insur- (4) social security surpluses should be used mates. ance Trust Fund and the Federal Disability for social security reform or to reduce the ‘‘(C) ESTIMATE.—OMB shall include the es- Insurance Trust Fund. debt held by the public and should not be timate required by this paragraph in the re- ‘‘(B) BASELINE LEVELS.—OMB shall cal- spent on other programs. culate the changes in subparagraph (A) rel- port required under section 251(a)(7) or sec- SEC. 203. PROTECTION OF THE SOCIAL SECURITY tion 252(d), as the case may be. ative to baseline levels for each fiscal year TRUST FUNDS. ‘‘(2) ADJUSTMENT.—After January 1 and no through fiscal year 2010 using current esti- (a) PROTECTION BY CONGRESS.— later than May 1 of each calendar year begin- mates. (1) REAFFIRMATION OF SUPPORT.—Congress ning with calendar year 2000— ‘‘(C) ESTIMATE.—OMB shall include the es- reaffirms its support for the provisions of ‘‘(A) with respect to the periods described timate required by this paragraph in the re- section 13301 of the Budget Enforcement Act in subsections (a)(1), (a)(2), and (a)(3), the port required under section 252(d) for social of 1990 that provides that the receipts and Secretary shall add the amounts calculated security reform legislation. disbursements of the social security trust under paragraph (1)(A) for the current year ‘‘(2) ADJUSTMENT TO LIMIT ON THE DEBT funds shall not be counted for the purposes included in the report referenced in para- HELD BY THE PUBLIC.—If social security re- of the budget submitted by the President, graph (1)(C) to— form legislation is enacted, the Secretary the congressional budget, or the Balanced ‘‘(i) the limit set forth in subsection (a) for shall adjust the limit on the debt held by the Budget and Emergency Deficit Control Act the period of years that begins on May 1 of public for each period of fiscal years by the of 1985. that calendar year; and amounts determined under paragraph (1)(A) (2) PROTECTION OF SOCIAL SECURITY BENE- ‘‘(ii) each subsequent limit; and for the relevant fiscal years included in the FITS.—If there are sufficient balances in the ‘‘(B) with respect to the periods described report referenced in paragraph (1)(C). Federal Old-Age and Survivors Insurance in subsections (a)(4), (a)(5), and (a)(6), the ‘‘(e) DEFINITIONS.—In this section: Trust Fund and the Federal Disability Insur- Secretary shall add the amounts calculated ‘‘(1) SECRETARY.—The term ‘Secretary’ ance Trust Fund, the Secretary of Treasury under paragraph (1)(A) for the current year means the Secretary of the Treasury. shall give priority to the payment of social included in the report referenced in para- ‘‘(2) SOCIAL SECURITY REFORM LEGISLA- security benefits required to be paid by law. graph (1)(C) to— TION.—The term ‘social security reform leg- (b) POINTS OF ORDER.—Section 301 of the ‘‘(i) the limit set forth in subsection (a) for islation’ means a bill or joint resolution that Congressional Budget Act of 1974 is amended the period of years that includes May 1 of is enacted into law and includes a provision by adding at the end the following: that calendar year; and stating the following: ‘‘(j) SOCIAL SECURITY POINT OF ORDER.—It ‘‘(ii) each subsequent limit. ‘‘ ‘( ) SOCIAL SECURITY REFORM LEGISLA- shall not be in order in the Senate to con- ‘‘(3) EXCEPTION.—The Secretary shall not TION.—For the purposes of the Social Secu- sider a concurrent resolution on the budget, make the adjustments pursuant to this sec- rity Surplus Preservation and Debt Reduc- an amendment thereto, or a conference re- tion if the adjustments for the current year tion Act, this Act constitutes social security port thereon that violates section 13301 of are less than the on-budget surplus for the reform legislation.’ the Budget Enforcement Act of 1990. year before the current year. This paragraph shall apply only to the first ‘‘(k) DEBT HELD BY THE PUBLIC POINT OF ‘‘(d) ADJUSTMENT TO THE LIMIT FOR LOW bill or joint resolution enacted into law as ORDER.—It shall not be in order in the Sen- ECONOMIC GROWTH AND WAR.— described in this paragraph. ate to consider any bill, joint resolution, ‘‘(1) SUSPENSION OF STATUTORY LIMIT ON amendment, motion, or conference report ‘‘(3) SOCIAL SECURITY REFORM PROVISIONS.— DEBT HELD BY THE PUBLIC.— The term ‘social security reform provisions’ that would— ‘‘(A) LOW ECONOMIC GROWTH.—If the most means a provision or provisions identified in ‘‘(1) increase the limit on the debt held by recent of the Department of Commerce’s ad- social security reform legislation stating the the public in section 253A(a) of the Balanced vance, preliminary, or final reports of actual following: Budget and Emergency Deficit Control Act real economic growth indicate that the rate of 1985; or ‘‘ ‘( ) SOCIAL SECURITY REFORM PROVI- of real economic growth for each of the most ‘‘(2) provide additional borrowing author- SIONS.—For the purposes of the Social Secu- recently reported quarter and the imme- rity Surplus Preservation and Debt Reduc- ity that would result in the limit on the debt diately preceding quarter is less than 1 per- tion Act, llll of this Act constitutes or held by the public in section 253A(a) of the cent, the limit on the debt held by the public constitute social security reform provi- Balanced Budget and Emergency Deficit established in this section is suspended. sions.’, with a list of specific provisions in Control Act of 1985 being exceeded. ‘‘(B) WAR.—If a declaration of war is in ef- ‘‘(l) SOCIAL SECURITY SURPLUS PROTECTION that bill or joint resolution specified in the fect, the limit on the debt held by the public POINT OF ORDER.— blank space.’’. established in this section is suspended. ‘‘(1) IN GENERAL.—It shall not be in order in ‘‘(2) RESTORATION OF STATUTORY LIMIT ON SEC. 205. PRESIDENT’S BUDGET. the Senate to consider a concurrent resolu- DEBT HELD BY THE PUBLIC.— Section 1105(f) of title 31, United States tion on the budget, an amendment thereto, ‘‘(A) RESTORATION OF LIMIT.—The statutory Code, is amended by striking ‘‘in a manner or a conference report thereon that sets limit on debt held by the public shall be re- consistent’’ and inserting ‘‘in compliance’’. forth a deficit in any fiscal year. stored on May 1 following the quarter in ‘‘(2) EXCEPTION.—Paragraph (1) shall not which the level of real Gross Domestic Prod- SEC. 206. SUNSET. apply if— uct in the final report from the Department This title and the amendments made by ‘‘(A) the limit on the debt held by the pub- of Commerce is equal to or is higher than the this title shall expire on May 1, 2010. lic in section 253A(a) of the Balanced Budget S4200 CONGRESSIONAL RECORD — SENATE April 26, 1999 and Emergency Deficit Control Act of 1985 is used for social security reform or to reduce through fiscal year 2010 using current esti- suspended; or debt held by the public and are not spent on mates. ‘‘(B) the deficit for a fiscal year results other programs.’’; ‘‘(C) ESTIMATE.—OMB shall include the es- solely from the enactment of— (2) in section 250(c)(1), by inserting ‘‘ ‘ debt timate required by this paragraph in the re- ‘‘(i) social security reform legislation, as held by the public’, ‘social security surplus’ ’’ port required under section 251(a)(7) or sec- defined in section 253A(e)(2) of the Balanced after ‘‘outlays’, ’’; and tion 252(d), as the case may be. Budget and Emergency Deficit Control Act (3) by inserting after section 253 the fol- ‘‘(2) ADJUSTMENT.—After January 1 and no of 1985; or lowing: later than May 1 of each calendar year begin- ‘‘(ii) provisions of legislation that are des- ‘‘SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. ning with calendar year 2000— ignated as an emergency requirement pursu- ‘‘(a) LIMIT.—The debt held by the public ‘‘(A) with respect to the periods described ant to section 251(b)(2)(A) or 252(e) of the shall not exceed— in subsections (a)(1), (a)(2), and (a)(3), the Balanced Budget and Emergency Deficit ‘‘(1) for the period beginning May 1, 2000 Secretary shall add the amounts calculated Control Act of 1985.’’. through April 30, 2001, $3,628,000,000,000; under paragraph (1)(A) for the current year (c) SUPERMAJORITY WAIVER AND APPEAL.— ‘‘(2) for the period beginning May 1, 2001 included in the report referenced in para- Subsections (c)(1) and (d)(2) of section 904 of through April 30, 2002, $3,512,000,000,000; graph (1)(C) to— the Congressional Budget Act of 1974 are ‘‘(3) for the period beginning May 1, 2002 ‘‘(i) the limit set forth in subsection (a) for amended by striking ‘‘305(b)(2),’’ and insert- through April 30, 2004, $3,383,000,000,000; the period of years that begins on May 1 of ing ‘‘301(k), 301(l), 305(b)(2), 318,’’. ‘‘(4) for the period beginning May 1, 2004 that calendar year; and (d) CONFORMING AMENDMENT.—Section 318 through April 30, 2006, $3,100,000,000,000; ‘‘(ii) each subsequent limit; and of the Congressional Budget Act of 1974, as ‘‘(5) for the period beginning May 1, 2006 ‘‘(B) with respect to the periods described added by this Act, is amended by adding at through April 30, 2008, $2,775,000,000,000; and, in subsections (a)(4), (a)(5), and (a)(6), the the end the following: ‘‘(6) for the period beginning May 1, 2008 Secretary shall add the amounts calculated ‘‘(c) EXCEPTION FOR DEFENSE SPENDING.— through April 30, 2010, $2,404,000,000,000. under paragraph (1)(A) for the current year Subsection (b) shall not apply against an included in the report referenced in para- emergency designation for a provision mak- ‘‘(b) ADJUSTMENTS FOR ACTUAL SOCIAL SE- CURITY SURPLUS LEVELS.— graph (1)(C) to— ing discretionary appropriations in the de- ‘‘(i) the limit set forth in subsection (a) for fense category.’’. ‘‘(1) ESTIMATED LEVELS.—The estimated level of social security surpluses for the pur- the period of years that includes May 1 of SEC. 204. DEDICATION OF SOCIAL SECURITY SUR- poses of this section is— that calendar year; and PLUSES TO REDUCTION IN THE ‘‘(ii) each subsequent limit. DEBT HELD BY THE PUBLIC. ‘‘(A) for fiscal year 1999, $127,000,000,000; ‘‘(3) EXCEPTION.—The Secretary shall not (a) AMENDMENTS TO THE CONGRESSIONAL ‘‘(B) for fiscal year 2000, $137,000,000,000; make the adjustments pursuant to this sec- BUDGET ACT OF 1974.—The Congressional ‘‘(C) for fiscal year 2001, $145,000,000,000; tion if the adjustments for the current year Budget Act of 1974 is amended— ‘‘(D) for fiscal year 2002, $153,000,000,000; are less than the on-budget surplus for the (1) in section 3, by adding at the end the ‘‘(E) for fiscal year 2003, $162,000,000,000; year before the current year. following: ‘‘(F) for fiscal year 2004, $171,000,000,000; ‘‘(11)(A) The term ‘debt held by the public’ ‘‘(G) for fiscal year 2005, $184,000,000,000; ‘‘(d) ADJUSTMENT TO THE LIMIT FOR LOW means the outstanding face amount of all ‘‘(H) for fiscal year 2006, $193,000,000,000; ECONOMIC GROWTH AND WAR.— debt obligations issued by the United States ‘‘(I) for fiscal year 2007, $204,000,000,000; ‘‘(1) SUSPENSION OF STATUTORY LIMIT ON Government that are held by outside inves- ‘‘(J) for fiscal year 2008, $212,000,000,000; and DEBT HELD BY THE PUBLIC.— tors, including individuals, corporations, ‘‘(K) for fiscal year 2009, $218,000,000,000. ‘‘(A) LOW ECONOMIC GROWTH.—If the most State or local governments, foreign govern- ‘‘(2) ADJUSTMENT TO THE LIMIT FOR ACTUAL recent of the Department of Commerce’s ad- ments, and the Federal Reserve System. SOCIAL SECURITY SURPLUSES.—After October 1 vance, preliminary, or final reports of actual ‘‘(B) For the purpose of this paragraph, the and no later than December 31 of each year, real economic growth indicate that the rate term ‘face amount’, for any month, of any the Secretary shall make the following cal- of real economic growth for each of the most debt obligation issued on a discount basis culations and adjustments: recently reported quarter and the imme- that is not redeemable before maturity at ‘‘(A) CALCULATION.—After the Secretary diately preceding quarter is less than 1 per- the option of the holder of the obligation is determines the actual level for the social se- cent, the limit on the debt held by the public an amount equal to the sum of— curity surplus for the current year, the Sec- established in this section is suspended. ‘‘(i) the original issue price of the obliga- retary shall take the estimated level of the ‘‘(B) WAR.—If a declaration of war is in ef- tion; plus social security surplus for that year specified fect, the limit on the debt held by the public ‘‘(ii) the portion of the discount on the ob- in paragraph (1) and subtract that actual established in this section is suspended. ligation attributable to periods before the level. ‘‘(2) RESTORATION OF STATUTORY LIMIT ON beginning of such month. ‘‘(B) ADJUSTMENT.— DEBT HELD BY THE PUBLIC.— ‘‘(12) The term ‘social security surplus’ ‘‘(i) 2000 THROUGH 2004.—With respect to the ‘‘(A) RESTORATION OF LIMIT.—The statutory means the amount for a fiscal year that re- periods described in subsections (a)(1), (a)(2), limit on debt held by the public shall be re- ceipts exceed outlays of the Federal Old-Age and (a)(3), the Secretary shall add the stored on May 1 following the quarter in and Survivors Insurance Trust Fund and the amount calculated under subparagraph (A) which the level of real Gross Domestic Prod- Federal Disability Insurance Trust Fund.’’; to— uct in the final report from the Department (2) in section 301(a) by— ‘‘(I) the limit set forth in subsection (a) for of Commerce is equal to or is higher than the (A) redesignating paragraphs (6) and (7) as the period of years that begins on May 1st of level of real Gross Domestic Product in the paragraphs (7) and (8), respectfully; and the following calendar year; and quarter preceding the first two quarters that (B) inserting after paragraph (5) the fol- ‘‘(II) each subsequent limit. caused the suspension of the pursuant to lowing: ‘‘(ii) 2004 THROUGH 2010.—With respect to paragraph (1). ‘‘(6) the debt held by the public; and’’; and the periods described in subsections (a)(4), ‘‘(B) ADJUSTMENT.— (3) in section 310(a) by— (a)(5), and (a)(6), the Secretary shall add the ‘‘(i) CALCULATION.—The Secretary shall (A) striking ‘‘or’’ at the end of paragraph amount calculated under subparagraph (A) take level of the debt held by the public on (3); to— October 1 of the year preceding the date ref- (B) by redesignating paragraph (4) as para- ‘‘(I) the limit set forth in subsection (a) for erenced in subparagraph (A) and subtract the graph (5); and the period of years that includes May 1st of limit in subsection (a) for the period of years (C) inserting the following new paragraph; the following calendar year; and that includes the date referenced in subpara- ‘‘(4) specify the amounts by which the stat- ‘‘(II) each subsequent limit. graph (A). utory limit on the debt held by the public is ‘‘(c) ADJUSTMENT TO THE LIMIT FOR EMER- ‘‘(ii) ADJUSTMENT.—The Secretary shall to be changed and direct the committee hav- GENCIES.— add the amount calculated under clause (i) ing jurisdiction to recommend such change; ‘‘(1) ESTIMATE OF LEGISLATION.— to— or’’. ‘‘(A) CALCULATION.—If legislation is en- ‘‘(I) the limit in subsection (a) for the pe- (b) AMENDMENTS TO THE BALANCED BUDGET acted into law that contains a provision that riod of fiscal years that includes the date ref- AND EMERGENCY DEFICIT CONTROL ACT OF is designated as an emergency requirement erenced in subparagraph (A); and 1985.—The Balanced Budget and Emergency pursuant to section 251(b)(2)(A) or 252(e), ‘‘(II) each subsequent limit. Deficit Control Act of 1985 is amended— OMB shall estimate the amount the debt ‘‘(e) ADJUSTMENT TO THE LIMIT FOR SOCIAL (1) in section 250, by striking subsection (b) held by the public will change as a result of SECURITY REFORM PROVISIONS THAT AFFECT and inserting the following: the provision’s effect on the level of total ON-BUDGET LEVELS.— ‘‘(b) GENERAL STATEMENT OF PURPOSE.— outlays and receipts excluding the impact on ‘‘(1) ESTIMATE OF LEGISLATION.— This part provides for the enforcement of— outlays and receipts of the Federal Old-Age ‘‘(A) CALCULATION.—If social security re- ‘‘(1) a balanced budget excluding the re- and Survivors Insurance Trust Fund and the form legislation is enacted, OMB shall esti- ceipts and disbursements of the social secu- Federal Disability Insurance Trust Fund. mate the amount the debt held by the public rity trust funds; and ‘‘(B) BASELINE LEVELS.—OMB shall cal- will change as a result of the legislation’s ef- ‘‘(2) a limit on the debt held by the public culate the changes in subparagraph (A) rel- fect on the level of total outlays and receipts to ensure that social security surpluses are ative to baseline levels for each fiscal year excluding the impact on outlays and receipts April 26, 1999 CONGRESSIONAL RECORD — SENATE S4201 of the Federal Old-Age and Survivors Insur- debt held by the public and should not be (1) in section 3, by adding at the end the ance Trust Fund and the Federal Disability spent on other programs. following: Insurance Trust Fund. SEC. 203. PROTECTION OF THE SOCIAL SECURITY ‘‘(11)(A) The term ‘debt held by the public’ ‘‘(B) BASELINE LEVELS.—OMB shall cal- TRUST FUNDS. means the outstanding face amount of all culate the changes in subparagraph (A) rel- (a) PROTECTION BY CONGRESS.— debt obligations issued by the United States ative to baseline levels for each fiscal year (1) REAFFIRMATION OF SUPPORT.—Congress Government that are held by outside inves- through fiscal year 2010 using current esti- reaffirms its support for the provisions of tors, including individuals, corporations, mates. section 13301 of the Budget Enforcement Act State or local governments, foreign govern- ‘‘(C) ESTIMATE.—OMB shall include the es- of 1990 that provides that the receipts and ments, and the Federal Reserve System. timate required by this paragraph in the re- disbursements of the social security trust ‘‘(B) For the purpose of this paragraph, the port required under section 252(d) for social funds shall not be counted for the purposes term ‘face amount’, for any month, of any security reform legislation. of the budget submitted by the President, debt obligation issued on a discount basis ‘‘(2) ADJUSTMENT TO LIMIT ON THE DEBT the congressional budget, or the Balanced that is not redeemable before maturity at HELD BY THE PUBLIC.—If social security re- Budget and Emergency Deficit Control Act the option of the holder of the obligation is form legislation is enacted, the Secretary of 1985. an amount equal to the sum of— shall adjust the limit on the debt held by the (2) PROTECTION OF SOCIAL SECURITY BENE- ‘‘(i) the original issue price of the obliga- public for each period of fiscal years by the FITS.—If there are sufficient balances in the tion; plus amounts determined under paragraph (1)(A) Federal Old-Age and Survivors Insurance ‘‘(ii) the portion of the discount on the ob- for the relevant fiscal years included in the Trust Fund and the Federal Disability Insur- ligation attributable to periods before the report referenced in paragraph (1)(C). ance Trust Fund, the Secretary of Treasury beginning of such month. ‘‘(e) DEFINITIONS.—In this section: shall give priority to the payment of social ‘‘(12) The term ‘social security surplus’ ‘‘(1) SECRETARY.—The term ‘Secretary’ security benefits required to be paid by law. means the amount for a fiscal year that re- means the Secretary of the Treasury. (b) POINTS OF ORDER.—Section 301 of the ceipts exceed outlays of the Federal Old-Age ‘‘(2) SOCIAL SECURITY REFORM LEGISLA- Congressional Budget Act of 1974 is amended and Survivors Insurance Trust Fund and the TION.—The term ‘social security reform leg- by adding at the end the following: Federal Disability Insurance Trust Fund.’’; ‘‘(j) SOCIAL SECURITY POINT OF ORDER.—It islation’ means a bill or joint resolution that (2) in section 301(a) by— shall not be in order in the Senate to con- is enacted into law and includes a provision (A) redesignating paragraphs (6) and (7) as sider a concurrent resolution on the budget, stating the following: paragraphs (7) and (8), respectfully; and an amendment thereto, or a conference re- ‘‘ ‘( ) SOCIAL SECURITY REFORM LEGISLA- port thereon that violates section 13301 of (B) inserting after paragraph (5) the fol- TION.—For the purposes of the Social Secu- the Budget Enforcement Act of 1990. lowing: rity Surplus Preservation and Debt Reduc- ‘‘(k) DEBT HELD BY THE PUBLIC POINT OF ‘‘(6) the debt held by the public; and’’; and tion Act, this Act constitutes social security ORDER.—It shall not be in order in the Sen- (3) in section 310(a) by— reform legislation.’ ate to consider any bill, joint resolution, (A) striking ‘‘or’’ at the end of paragraph This paragraph shall apply only to the first amendment, motion, or conference report (3); bill or joint resolution enacted into law as that would— (B) by redesignating paragraph (4) as para- described in this paragraph. ‘‘(1) increase the limit on the debt held by graph (5); and ‘‘(3) SOCIAL SECURITY REFORM PROVISIONS.— the public in section 253A(a) of the Balanced (C) inserting the following new paragraph; The term ‘social security reform provisions’ Budget and Emergency Deficit Control Act ‘‘(4) specify the amounts by which the stat- means a provision or provisions identified in of 1985; or utory limit on the debt held by the public is social security reform legislation stating the ‘‘(2) provide additional borrowing author- to be changed and direct the committee hav- following: ity that would result in the limit on the debt ing jurisdiction to recommend such change; ‘‘ ‘( ) SOCIAL SECURITY REFORM PROVI- held by the public in section 253A(a) of the or’’. SIONS.—For the purposes of the Social Secu- Balanced Budget and Emergency Deficit (b) AMENDMENTS TO THE BALANCED BUDGET rity Surplus Preservation and Debt Reduc- Control Act of 1985 being exceeded. AND EMERGENCY DEFICIT CONTROL ACT OF tion Act, llll of this Act constitutes or ‘‘(l) SOCIAL SECURITY SURPLUS PROTECTION 1985.—The Balanced Budget and Emergency constitute social security reform provi- POINT OF ORDER.— Deficit Control Act of 1985 is amended— sions.’, with a list of specific provisions in ‘‘(1) IN GENERAL.—It shall not be in order in (1) in section 250, by striking subsection (b) that bill or joint resolution specified in the the Senate to consider a concurrent resolu- and inserting the following: blank space.’’. tion on the budget, an amendment thereto, ‘‘(b) GENERAL STATEMENT OF PURPOSE.— SEC. 205. PRESIDENT’S BUDGET. or a conference report thereon that sets This part provides for the enforcement of— Section 1105(f) of title 31, United States forth a deficit in any fiscal year. ‘‘(1) a balanced budget excluding the re- Code, is amended by striking ‘‘in a manner ‘‘(2) EXCEPTION.—Paragraph (1) shall not ceipts and disbursements of the social secu- consistent’’ and inserting ‘‘in compliance’’. apply if— rity trust funds; and SEC. 206. SUNSET. ‘‘(A) the limit on the debt held by the pub- ‘‘(2) a limit on the debt held by the public This title and the amendments made by lic in section 253A(a) of the Balanced Budget to ensure that social security surpluses are this title shall expire on May 1, 2010. and Emergency Deficit Control Act of 1985 is used for social security reform or to reduce suspended; or debt held by the public and are not spent on AMENDMENT NO. 261 ‘‘(B) the deficit for a fiscal year results other programs.’’; In the pending amendment strike all after solely from the enactment of— (2) in section 250(c)(1), by inserting ‘‘ ‘ debt the word ‘‘following and insert the following: ‘‘(i) social security reform legislation, as held by the public’, ‘social security surplus’ ’’ TITLE II—SOCIAL SECURITY SURPLUS defined in section 253A(e)(2) of the Balanced after ‘‘outlays’, ’’; and PRESERVATION AND DEBT REDUCTION Budget and Emergency Deficit Control Act (3) by inserting after section 253 the fol- ACT of 1985; or lowing: SEC. 201. SHORT TITLE. ‘‘(ii) provisions of legislation that are des- ‘‘SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. This title may be cited as the ‘‘Social Se- ignated as an emergency requirement pursu- ‘‘(a) LIMIT.—The debt held by the public curity Surplus Preservation and Debt Reduc- ant to section 251(b)(2)(A) or 252(e) of the shall not exceed— tion Act’’. Balanced Budget and Emergency Deficit ‘‘(1) for the period beginning May 1, 2000 SEC. 202. FINDINGS. Control Act of 1985.’’. through April 30, 2001, $3,628,000,000,000; Congress finds that— (c) SUPERMAJORITY WAIVER AND APPEAL.— ‘‘(2) for the period beginning May 1, 2001 (1) the $69,246,000,000 unified budget surplus Subsections (c)(1) and (d)(2) of section 904 of through April 30, 2002, $3,512,000,000,000; achieved in fiscal year 1998 was entirely due the Congressional Budget Act of 1974 are ‘‘(3) for the period beginning May 1, 2002 to surpluses generated by the social security amended by striking ‘‘305(b)(2),’’ and insert- through April 30, 2004, $3,383,000,000,000; trust funds and the cumulative unified budg- ing ‘‘301(k), 301(l), 305(b)(2), 318,’’. ‘‘(4) for the period beginning May 1, 2004 (d) CONFORMING AMENDMENT.—Section 318 et surpluses projected for subsequent fiscal through April 30, 2006, $3,100,000,000,000; of the Congressional Budget Act of 1974, as years are primarily due to surpluses gen- ‘‘(5) for the period beginning May 1, 2006 added by this Act, is amended by adding at erated by the social security trust funds; through April 30, 2008, $2,775,000,000,000; and, the end the following: (2) Congress and the President should bal- ‘‘(c) EXCEPTION FOR DEFENSE SPENDING.— ‘‘(6) for the period beginning May 1, 2008 ance the budget excluding the surpluses gen- Subsection (b) shall not apply against an through April 30, 2010, $2,404,000,000,000. erated by the social security trust funds; emergency designation for a provision mak- ‘‘(b) ADJUSTMENTS FOR ACTUAL SOCIAL SE- (3) according to the Congressional Budget ing discretionary appropriations in the de- CURITY SURPLUS LEVELS.— Office, balancing the budget excluding the fense category.’’. ‘‘(1) ESTIMATED LEVELS.—The estimated surpluses generated by the social security SEC. 204. DEDICATION OF SOCIAL SECURITY SUR- level of social security surpluses for the pur- trust funds will reduce the debt held by the PLUSES TO REDUCTION IN THE poses of this section is— public by a total of $1,723,000,000,000 by the DEBT HELD BY THE PUBLIC. ‘‘(A) for fiscal year 1999, $127,000,000,000; end of fiscal year 2009; and (a) AMENDMENTS TO THE CONGRESSIONAL ‘‘(B) for fiscal year 2000, $137,000,000,000; (4) social security surpluses should be used BUDGET ACT OF 1974.—The Congressional ‘‘(C) for fiscal year 2001, $145,000,000,000; for social security reform or to reduce the Budget Act of 1974 is amended— ‘‘(D) for fiscal year 2002, $153,000,000,000; S4202 CONGRESSIONAL RECORD — SENATE April 26, 1999 ‘‘(E) for fiscal year 2003, $162,000,000,000; are less than the on-budget surplus for the This paragraph shall apply only to the first ‘‘(F) for fiscal year 2004, $171,000,000,000; year before the current year. bill or joint resolution enacted into law as ‘‘(G) for fiscal year 2005, $184,000,000,000; ‘‘(d) ADJUSTMENT TO THE LIMIT FOR LOW described in this paragraph. ‘‘(H) for fiscal year 2006, $193,000,000,000; ECONOMIC GROWTH AND WAR.— ‘‘(3) SOCIAL SECURITY REFORM PROVISIONS.— ‘‘(I) for fiscal year 2007, $204,000,000,000; ‘‘(1) SUSPENSION OF STATUTORY LIMIT ON The term ‘social security reform provisions’ ‘‘(J) for fiscal year 2008, $212,000,000,000; and DEBT HELD BY THE PUBLIC.— means a provision or provisions identified in ‘‘(K) for fiscal year 2009, $218,000,000,000. ‘‘(A) LOW ECONOMIC GROWTH.—If the most social security reform legislation stating the ‘‘(2) ADJUSTMENT TO THE LIMIT FOR ACTUAL recent of the Department of Commerce’s ad- following: SOCIAL SECURITY SURPLUSES.—After October 1 vance, preliminary, or final reports of actual ‘‘ ‘( ) SOCIAL SECURITY REFORM PROVI- and no later than December 31 of each year, real economic growth indicate that the rate SIONS.—For the purposes of the Social Secu- the Secretary shall make the following cal- of real economic growth for each of the most rity Surplus Preservation and Debt Reduc- culations and adjustments: recently reported quarter and the imme- tion Act, llll of this Act constitutes or ‘‘(A) CALCULATION.—After the Secretary diately preceding quarter is less than 1 per- constitute social security reform provi- determines the actual level for the social se- cent, the limit on the debt held by the public sions.’, with a list of specific provisions in curity surplus for the current year, the Sec- established in this section is suspended. that bill or joint resolution specified in the retary shall take the estimated level of the ‘‘(B) WAR.—If a declaration of war is in ef- blank space.’’. social security surplus for that year specified fect, the limit on the debt held by the public SEC. 205. PRESIDENT’S BUDGET. in paragraph (1) and subtract that actual established in this section is suspended. Section 1105(f) of title 31, United States level. ‘‘(2) RESTORATION OF STATUTORY LIMIT ON Code, is amended by striking ‘‘in a manner ‘‘(B) ADJUSTMENT.— DEBT HELD BY THE PUBLIC.— consistent’’ and inserting ‘‘in compliance’’. ‘‘(i) 2000 THROUGH 2004.—With respect to the ‘‘(A) RESTORATION OF LIMIT.—The statutory SEC. 206. SUNSET. periods described in subsections (a)(1), (a)(2), limit on debt held by the public shall be re- This title and the amendments made by and (a)(3), the Secretary shall add the stored on May 1 following the quarter in this title shall expire on May 1, 2010. amount calculated under subparagraph (A) which the level of real Gross Domestic Prod- to— uct in the final report from the Department AMENDMENT NO. 262 ‘‘(I) the limit set forth in subsection (a) for of Commerce is equal to or is higher than the In lieu of the proposed legislative amend- the period of years that begins on May 1st of level of real Gross Domestic Product in the ment insert the following: quarter preceding the first two quarters that the following calendar year; and TITLE II—SOCIAL SECURITY SURPLUS caused the suspension of the pursuant to ‘‘(II) each subsequent limit. PRESERVATION AND DEBT REDUCTION paragraph (1). ‘‘(ii) 2004 THROUGH 2010.—With respect to ACT ‘‘(B) ADJUSTMENT.— the periods described in subsections (a)(4), SEC. 201. SHORT TITLE. ‘‘(i) CALCULATION.—The Secretary shall (a)(5), and (a)(6), the Secretary shall add the take level of the debt held by the public on This title may be cited as the ‘‘Social Se- amount calculated under subparagraph (A) October 1 of the year preceding the date ref- curity Surplus Preservation and Debt Reduc- to— tion Act’’. erenced in subparagraph (A) and subtract the ‘‘(I) the limit set forth in subsection (a) for limit in subsection (a) for the period of years SEC. 202. FINDINGS. the period of years that includes May 1st of that includes the date referenced in subpara- Congress finds that— the following calendar year; and graph (A). (1) the $69,246,000,000 unified budget surplus ‘‘(II) each subsequent limit. achieved in fiscal year 1998 was entirely due ‘‘(ii) ADJUSTMENT.—The Secretary shall ‘‘(c) ADJUSTMENT TO THE LIMIT FOR EMER- add the amount calculated under clause (i) to surpluses generated by the social security GENCIES.— to— trust funds and the cumulative unified budg- et surpluses projected for subsequent fiscal ‘‘(1) ESTIMATE OF LEGISLATION.— ‘‘(I) the limit in subsection (a) for the pe- years are primarily due to surpluses gen- ‘‘(A) CALCULATION.—If legislation is en- riod of fiscal years that includes the date ref- erated by the social security trust funds; acted into law that contains a provision that erenced in subparagraph (A); and (2) Congress and the President should bal- is designated as an emergency requirement ‘‘(II) each subsequent limit. ance the budget excluding the surpluses gen- pursuant to section 251(b)(2)(A) or 252(e), ‘‘(e) ADJUSTMENT TO THE LIMIT FOR SOCIAL erated by the social security trust funds; OMB shall estimate the amount the debt SECURITY REFORM PROVISIONS THAT AFFECT (3) according to the Congressional Budget held by the public will change as a result of ON-BUDGET LEVELS.— Office, balancing the budget excluding the the provision’s effect on the level of total ‘‘(1) ESTIMATE OF LEGISLATION.— surpluses generated by the social security outlays and receipts excluding the impact on ‘‘(A) CALCULATION.—If social security re- outlays and receipts of the Federal Old-Age form legislation is enacted, OMB shall esti- trust funds will reduce the debt held by the and Survivors Insurance Trust Fund and the mate the amount the debt held by the public public by a total of $1,723,000,000,000 by the Federal Disability Insurance Trust Fund. will change as a result of the legislation’s ef- end of fiscal year 2009; and (4) social security surpluses should be used ‘‘(B) BASELINE LEVELS.—OMB shall cal- fect on the level of total outlays and receipts for social security reform or to reduce the culate the changes in subparagraph (A) rel- excluding the impact on outlays and receipts debt held by the public and should not be ative to baseline levels for each fiscal year of the Federal Old-Age and Survivors Insur- spent on other programs. through fiscal year 2010 using current esti- ance Trust Fund and the Federal Disability mates. Insurance Trust Fund. SEC. 203. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS. ‘‘(C) ESTIMATE.—OMB shall include the es- ‘‘(B) BASELINE LEVELS.—OMB shall cal- (a) PROTECTION BY CONGRESS.— timate required by this paragraph in the re- culate the changes in subparagraph (A) rel- (1) REAFFIRMATION OF SUPPORT.—Congress port required under section 251(a)(7) or sec- ative to baseline levels for each fiscal year reaffirms its support for the provisions of tion 252(d), as the case may be. through fiscal year 2010 using current esti- section 13301 of the Budget Enforcement Act ‘‘(2) ADJUSTMENT.—After January 1 and no mates. of 1990 that provides that the receipts and later than May 1 of each calendar year begin- ‘‘(C) ESTIMATE.—OMB shall include the es- disbursements of the social security trust ning with calendar year 2000— timate required by this paragraph in the re- funds shall not be counted for the purposes ‘‘(A) with respect to the periods described port required under section 252(d) for social of the budget submitted by the President, in subsections (a)(1), (a)(2), and (a)(3), the security reform legislation. the congressional budget, or the Balanced Secretary shall add the amounts calculated ‘‘(2) ADJUSTMENT TO LIMIT ON THE DEBT Budget and Emergency Deficit Control Act under paragraph (1)(A) for the current year HELD BY THE PUBLIC.—If social security re- of 1985. included in the report referenced in para- form legislation is enacted, the Secretary (2) PROTECTION OF SOCIAL SECURITY BENE- graph (1)(C) to— shall adjust the limit on the debt held by the FITS.—If there are sufficient balances in the ‘‘(i) the limit set forth in subsection (a) for public for each period of fiscal years by the Federal Old-Age and Survivors Insurance the period of years that begins on May 1 of amounts determined under paragraph (1)(A) Trust Fund and the Federal Disability Insur- that calendar year; and for the relevant fiscal years included in the ance Trust Fund, the Secretary of Treasury ‘‘(ii) each subsequent limit; and report referenced in paragraph (1)(C). shall give priority to the payment of social ‘‘(B) with respect to the periods described ‘‘(e) DEFINITIONS.—In this section: security benefits required to be paid by law. in subsections (a)(4), (a)(5), and (a)(6), the ‘‘(1) SECRETARY.—The term ‘Secretary’ (b) POINTS OF ORDER.—Section 301 of the Secretary shall add the amounts calculated means the Secretary of the Treasury. Congressional Budget Act of 1974 is amended under paragraph (1)(A) for the current year ‘‘(2) SOCIAL SECURITY REFORM LEGISLA- by adding at the end the following: included in the report referenced in para- TION.—The term ‘social security reform leg- ‘‘(j) SOCIAL SECURITY POINT OF ORDER.—It graph (1)(C) to— islation’ means a bill or joint resolution that shall not be in order in the Senate to con- ‘‘(i) the limit set forth in subsection (a) for is enacted into law and includes a provision sider a concurrent resolution on the budget, the period of years that includes May 1 of stating the following: an amendment thereto, or a conference re- that calendar year; and ‘‘ ‘( ) SOCIAL SECURITY REFORM LEGISLA- port thereon that violates section 13301 of ‘‘(ii) each subsequent limit. TION.—For the purposes of the Social Secu- the Budget Enforcement Act of 1990. ‘‘(3) EXCEPTION.—The Secretary shall not rity Surplus Preservation and Debt Reduc- ‘‘(k) DEBT HELD BY THE PUBLIC POINT OF make the adjustments pursuant to this sec- tion Act, this Act constitutes social security ORDER.—It shall not be in order in the Sen- tion if the adjustments for the current year reform legislation.’ ate to consider any bill, joint resolution, April 26, 1999 CONGRESSIONAL RECORD — SENATE S4203 amendment, motion, or conference report (B) by redesignating paragraph (4) as para- ‘‘(I) the limit set forth in subsection (a) for that would— graph (5); and the period of years that includes May 1st of ‘‘(1) increase the limit on the debt held by (C) inserting the following new paragraph; the following calendar year; and the public in section 253A(a) of the Balanced ‘‘(4) specify the amounts by which the stat- ‘‘(II) each subsequent limit. Budget and Emergency Deficit Control Act utory limit on the debt held by the public is ‘‘(c) ADJUSTMENT TO THE LIMIT FOR EMER- of 1985; or to be changed and direct the committee hav- GENCIES.— ‘‘(2) provide additional borrowing author- ing jurisdiction to recommend such change; ‘‘(1) ESTIMATE OF LEGISLATION.— ity that would result in the limit on the debt or’’. ‘‘(A) CALCULATION.—If legislation is en- held by the public in section 253A(a) of the (b) AMENDMENTS TO THE BALANCED BUDGET acted into law that contains a provision that Balanced Budget and Emergency Deficit AND EMERGENCY DEFICIT CONTROL ACT OF is designated as an emergency requirement Control Act of 1985 being exceeded. 1985.—The Balanced Budget and Emergency pursuant to section 251(b)(2)(A) or 252(e), ‘‘(l) SOCIAL SECURITY SURPLUS PROTECTION Deficit Control Act of 1985 is amended— OMB shall estimate the amount the debt POINT OF ORDER.— (1) in section 250, by striking subsection (b) held by the public will change as a result of ‘‘(1) IN GENERAL.—It shall not be in order in and inserting the following: the provision’s effect on the level of total the Senate to consider a concurrent resolu- ‘‘(b) GENERAL STATEMENT OF PURPOSE.— outlays and receipts excluding the impact on tion on the budget, an amendment thereto, This part provides for the enforcement of— outlays and receipts of the Federal Old-Age or a conference report thereon that sets ‘‘(1) a balanced budget excluding the re- and Survivors Insurance Trust Fund and the forth a deficit in any fiscal year. ceipts and disbursements of the social secu- Federal Disability Insurance Trust Fund. ‘‘(2) EXCEPTION.—Paragraph (1) shall not rity trust funds; and ‘‘(B) BASELINE LEVELS.—OMB shall cal- apply if— ‘‘(2) a limit on the debt held by the public culate the changes in subparagraph (A) rel- ‘‘(A) the limit on the debt held by the pub- to ensure that social security surpluses are ative to baseline levels for each fiscal year lic in section 253A(a) of the Balanced Budget used for social security reform or to reduce through fiscal year 2010 using current esti- and Emergency Deficit Control Act of 1985 is debt held by the public and are not spent on mates. suspended; or other programs.’’; ‘‘(C) ESTIMATE.—OMB shall include the es- ‘‘(B) the deficit for a fiscal year results (2) in section 250(c)(1), by inserting ‘‘ ‘ debt timate required by this paragraph in the re- solely from the enactment of— held by the public’, ‘social security surplus’ ’’ port required under section 251(a)(7) or sec- ‘‘(i) social security reform legislation, as after ‘‘outlays’, ’’; and tion 252(d), as the case may be. defined in section 253A(e)(2) of the Balanced ‘‘(2) ADJUSTMENT.—After January 1 and no (3) by inserting after section 253 the fol- Budget and Emergency Deficit Control Act later than May 1 of each calendar year begin- lowing: of 1985; or ning with calendar year 2000— ‘‘(ii) provisions of legislation that are des- ‘‘SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. ‘‘(A) with respect to the periods described ignated as an emergency requirement pursu- ‘‘(a) LIMIT.—The debt held by the public in subsections (a)(1), (a)(2), and (a)(3), the ant to section 251(b)(2)(A) or 252(e) of the shall not exceed— Secretary shall add the amounts calculated Balanced Budget and Emergency Deficit ‘‘(1) for the period beginning May 1, 2000 under paragraph (1)(A) for the current year Control Act of 1985.’’. through April 30, 2001, $3,628,000,000,000; included in the report referenced in para- (c) SUPERMAJORITY WAIVER AND APPEAL.— ‘‘(2) for the period beginning May 1, 2001 graph (1)(C) to— Subsections (c)(1) and (d)(2) of section 904 of through April 30, 2002, $3,512,000,000,000; ‘‘(i) the limit set forth in subsection (a) for the Congressional Budget Act of 1974 are ‘‘(3) for the period beginning May 1, 2002 the period of years that begins on May 1 of amended by striking ‘‘305(b)(2),’’ and insert- through April 30, 2004, $3,383,000,000,000; that calendar year; and ing ‘‘301(k), 301(l), 305(b)(2), 318,’’. ‘‘(4) for the period beginning May 1, 2004 ‘‘(ii) each subsequent limit; and (d) CONFORMING AMENDMENT.—Section 318 through April 30, 2006, $3,100,000,000,000; ‘‘(B) with respect to the periods described of the Congressional Budget Act of 1974, as ‘‘(5) for the period beginning May 1, 2006 in subsections (a)(4), (a)(5), and (a)(6), the added by this Act, is amended by adding at through April 30, 2008, $2,775,000,000,000; and, Secretary shall add the amounts calculated the end the following: ‘‘(6) for the period beginning May 1, 2008 under paragraph (1)(A) for the current year ‘‘(c) EXCEPTION FOR DEFENSE SPENDING.— through April 30, 2010, $2,404,000,000,000. included in the report referenced in para- Subsection (b) shall not apply against an ‘‘(b) ADJUSTMENTS FOR ACTUAL SOCIAL SE- graph (1)(C) to— emergency designation for a provision mak- CURITY SURPLUS LEVELS.— ‘‘(i) the limit set forth in subsection (a) for ing discretionary appropriations in the de- ‘‘(1) ESTIMATED LEVELS.—The estimated the period of years that includes May 1 of fense category.’’. level of social security surpluses for the pur- that calendar year; and SEC. 204. DEDICATION OF SOCIAL SECURITY SUR- poses of this section is— ‘‘(ii) each subsequent limit. PLUSES TO REDUCTION IN THE ‘‘(A) for fiscal year 1999, $127,000,000,000; DEBT HELD BY THE PUBLIC. ‘‘(3) EXCEPTION.—The Secretary shall not ‘‘(B) for fiscal year 2000, $137,000,000,000; (a) AMENDMENTS TO THE CONGRESSIONAL make the adjustments pursuant to this sec- ‘‘(C) for fiscal year 2001, $145,000,000,000; BUDGET ACT OF 1974.—The Congressional tion if the adjustments for the current year Budget Act of 1974 is amended— ‘‘(D) for fiscal year 2002, $153,000,000,000; are less than the on-budget surplus for the (1) in section 3, by adding at the end the ‘‘(E) for fiscal year 2003, $162,000,000,000; year before the current year. following: ‘‘(F) for fiscal year 2004, $171,000,000,000; ‘‘(d) ADJUSTMENT TO THE LIMIT FOR LOW ‘‘(11)(A) The term ‘debt held by the public’ ‘‘(G) for fiscal year 2005, $184,000,000,000; ECONOMIC GROWTH AND WAR.— means the outstanding face amount of all ‘‘(H) for fiscal year 2006, $193,000,000,000; ‘‘(1) SUSPENSION OF STATUTORY LIMIT ON debt obligations issued by the United States ‘‘(I) for fiscal year 2007, $204,000,000,000; DEBT HELD BY THE PUBLIC.— Government that are held by outside inves- ‘‘(J) for fiscal year 2008, $212,000,000,000; and ‘‘(A) LOW ECONOMIC GROWTH.—If the most tors, including individuals, corporations, ‘‘(K) for fiscal year 2009, $218,000,000,000. recent of the Department of Commerce’s ad- State or local governments, foreign govern- ‘‘(2) ADJUSTMENT TO THE LIMIT FOR ACTUAL vance, preliminary, or final reports of actual ments, and the Federal Reserve System. SOCIAL SECURITY SURPLUSES.—After October 1 real economic growth indicate that the rate ‘‘(B) For the purpose of this paragraph, the and no later than December 31 of each year, of real economic growth for each of the most term ‘face amount’, for any month, of any the Secretary shall make the following cal- recently reported quarter and the imme- debt obligation issued on a discount basis culations and adjustments: diately preceding quarter is less than 1 per- that is not redeemable before maturity at ‘‘(A) CALCULATION.—After the Secretary cent, the limit on the debt held by the public the option of the holder of the obligation is determines the actual level for the social se- established in this section is suspended. an amount equal to the sum of— curity surplus for the current year, the Sec- ‘‘(B) WAR.—If a declaration of war is in ef- ‘‘(i) the original issue price of the obliga- retary shall take the estimated level of the fect, the limit on the debt held by the public tion; plus social security surplus for that year specified established in this section is suspended. ‘‘(ii) the portion of the discount on the ob- in paragraph (1) and subtract that actual ‘‘(2) RESTORATION OF STATUTORY LIMIT ON ligation attributable to periods before the level. DEBT HELD BY THE PUBLIC.— beginning of such month. ‘‘(B) ADJUSTMENT.— ‘‘(A) RESTORATION OF LIMIT.—The statutory ‘‘(12) The term ‘social security surplus’ ‘‘(i) 2000 THROUGH 2004.—With respect to the limit on debt held by the public shall be re- means the amount for a fiscal year that re- periods described in subsections (a)(1), (a)(2), stored on May 1 following the quarter in ceipts exceed outlays of the Federal Old-Age and (a)(3), the Secretary shall add the which the level of real Gross Domestic Prod- and Survivors Insurance Trust Fund and the amount calculated under subparagraph (A) uct in the final report from the Department Federal Disability Insurance Trust Fund.’’; to— of Commerce is equal to or is higher than the (2) in section 301(a) by— ‘‘(I) the limit set forth in subsection (a) for level of real Gross Domestic Product in the (A) redesignating paragraphs (6) and (7) as the period of years that begins on May 1st of quarter preceding the first two quarters that paragraphs (7) and (8), respectfully; and the following calendar year; and caused the suspension of the pursuant to (B) inserting after paragraph (5) the fol- ‘‘(II) each subsequent limit. paragraph (1). lowing: ‘‘(ii) 2004 THROUGH 2010.—With respect to the ‘‘(B) ADJUSTMENT.— ‘‘(6) the debt held by the public; and’’; and periods described in subsections (a)(4), (a)(5), ‘‘(i) CALCULATION.—The Secretary shall (3) in section 310(a) by— and (a)(6), the Secretary shall add the take level of the debt held by the public on (A) striking ‘‘or’’ at the end of paragraph amount calculated under subparagraph (A) October 1 of the year preceding the date ref- (3); to— erenced in subparagraph (A) and subtract the S4204 CONGRESSIONAL RECORD — SENATE April 26, 1999 limit in subsection (a) for the period of years SEC. 202. FINDINGS. Balanced Budget and Emergency Deficit that includes the date referenced in subpara- Congress finds that— Control Act of 1985.’’. graph (A). (1) the $69,246,000,000 unified budget surplus (c) SUPERMAJORITY WAIVER AND APPEAL.— ‘‘(ii) ADJUSTMENT.—The Secretary shall achieved in fiscal year 1998 was entirely due Subsections (c)(1) and (d)(2) of section 904 of add the amount calculated under clause (i) to surpluses generated by the social security the Congressional Budget Act of 1974 are to— trust funds and the cumulative unified budg- amended by striking ‘‘305(b)(2),’’ and insert- ‘‘(I) the limit in subsection (a) for the pe- et surpluses projected for subsequent fiscal ing ‘‘301(k), 301(l), 305(b)(2), 318,’’. riod of fiscal years that includes the date ref- years are primarily due to surpluses gen- (d) CONFORMING AMENDMENT.—Section 318 erenced in subparagraph (A); and erated by the social security trust funds; of the Congressional Budget Act of 1974, as ‘‘(II) each subsequent limit. (2) Congress and the President should bal- added by this Act, is amended by adding at ‘‘(e) ADJUSTMENT TO THE LIMIT FOR SOCIAL ance the budget excluding the surpluses gen- the end the following: SECURITY REFORM PROVISIONS THAT AFFECT erated by the social security trust funds; ‘‘(c) EXCEPTION FOR DEFENSE SPENDING.— ON-BUDGET LEVELS.— (3) according to the Congressional Budget Subsection (b) shall not apply against an ‘‘(1) ESTIMATE OF LEGISLATION.— Office, balancing the budget excluding the emergency designation for a provision mak- ‘‘(A) CALCULATION.—If social security re- surpluses generated by the social security ing discretionary appropriations in the de- form legislation is enacted, OMB shall esti- trust funds will reduce the debt held by the fense category.’’. mate the amount the debt held by the public public by a total of $1,723,000,000,000 by the SEC. 204. DEDICATION OF SOCIAL SECURITY SUR- will change as a result of the legislation’s ef- PLUSES TO REDUCTION IN THE end of fiscal year 2009; and DEBT HELD BY THE PUBLIC. fect on the level of total outlays and receipts (4) social security surpluses should be used (a) AMENDMENTS TO THE CONGRESSIONAL excluding the impact on outlays and receipts for social security reform or to reduce the of the Federal Old-Age and Survivors Insur- BUDGET ACT OF 1974.—The Congressional debt held by the public and should not be Budget Act of 1974 is amended— ance Trust Fund and the Federal Disability spent on other programs. Insurance Trust Fund. (1) in section 3, by adding at the end the SEC. 203. PROTECTION OF THE SOCIAL SECURITY following: ‘‘(B) BASELINE LEVELS.—OMB shall cal- TRUST FUNDS. culate the changes in subparagraph (A) rel- ‘‘(11)(A) The term ‘debt held by the public’ (a) PROTECTION BY CONGRESS.— ative to baseline levels for each fiscal year means the outstanding face amount of all (1) REAFFIRMATION OF SUPPORT.—Congress debt obligations issued by the United States through fiscal year 2010 using current esti- reaffirms its support for the provisions of mates. Government that are held by outside inves- section 13301 of the Budget Enforcement Act tors, including individuals, corporations, ‘‘(C) ESTIMATE.—OMB shall include the es- of 1990 that provides that the receipts and timate required by this paragraph in the re- State or local governments, foreign govern- disbursements of the social security trust ments, and the Federal Reserve System. port required under section 252(d) for social funds shall not be counted for the purposes security reform legislation. ‘‘(B) For the purpose of this paragraph, the of the budget submitted by the President, term ‘face amount’, for any month, of any ‘‘(2) ADJUSTMENT TO LIMIT ON THE DEBT the congressional budget, or the Balanced debt obligation issued on a discount basis HELD BY THE PUBLIC.—If social security re- Budget and Emergency Deficit Control Act that is not redeemable before maturity at form legislation is enacted, the Secretary of 1985. shall adjust the limit on the debt held by the the option of the holder of the obligation is (2) PROTECTION OF SOCIAL SECURITY BENE- public for each period of fiscal years by the an amount equal to the sum of— FITS.—If there are sufficient balances in the ‘‘(i) the original issue price of the obliga- amounts determined under paragraph (1)(A) Federal Old-Age and Survivors Insurance for the relevant fiscal years included in the tion; plus Trust Fund and the Federal Disability Insur- ‘‘(ii) the portion of the discount on the ob- report referenced in paragraph (1)(C). ance Trust Fund, the Secretary of Treasury ‘‘(e) DEFINITIONS.—In this section: ligation attributable to periods before the shall give priority to the payment of social ‘‘(1) SECRETARY.—The term ‘Secretary’ beginning of such month. security benefits required to be paid by law. means the Secretary of the Treasury. ‘‘(12) The term ‘social security surplus’ (b) POINTS OF ORDER.—Section 301 of the ‘‘(2) SOCIAL SECURITY REFORM LEGISLA- means the amount for a fiscal year that re- Congressional Budget Act of 1974 is amended TION.—The term ‘social security reform leg- ceipts exceed outlays of the Federal Old-Age by adding at the end the following: islation’ means a bill or joint resolution that and Survivors Insurance Trust Fund and the ‘‘(j) SOCIAL SECURITY POINT OF ORDER.—It is enacted into law and includes a provision Federal Disability Insurance Trust Fund.’’; shall not be in order in the Senate to con- stating the following: (2) in section 301(a) by— sider a concurrent resolution on the budget, ‘‘ ‘( ) SOCIAL SECURITY REFORM LEGISLA- (A) redesignating paragraphs (6) and (7) as an amendment thereto, or a conference re- TION.—For the purposes of the Social Secu- paragraphs (7) and (8), respectfully; and port thereon that violates section 13301 of rity Surplus Preservation and Debt Reduc- (B) inserting after paragraph (5) the fol- the Budget Enforcement Act of 1990. tion Act, this Act constitutes social security lowing: ‘‘(k) DEBT HELD BY THE PUBLIC POINT OF reform legislation.’ ‘‘(6) the debt held by the public; and’’; and ORDER.—It shall not be in order in the Sen- (3) in section 310(a) by— This paragraph shall apply only to the first ate to consider any bill, joint resolution, (A) striking ‘‘or’’ at the end of paragraph bill or joint resolution enacted into law as amendment, motion, or conference report (3); described in this paragraph. that would— (B) by redesignating paragraph (4) as para- ‘‘(3) SOCIAL SECURITY REFORM PROVISIONS.— ‘‘(1) increase the limit on the debt held by graph (5); and The term ‘social security reform provisions’ the public in section 253A(a) of the Balanced (C) inserting the following new paragraph; means a provision or provisions identified in Budget and Emergency Deficit Control Act ‘‘(4) specify the amounts by which the stat- social security reform legislation stating the of 1985; or utory limit on the debt held by the public is following: ‘‘(2) provide additional borrowing author- to be changed and direct the committee hav- ‘‘ ‘( ) SOCIAL SECURITY REFORM PROVI- ity that would result in the limit on the debt ing jurisdiction to recommend such change; SIONS.—For the purposes of the Social Secu- held by the public in section 253A(a) of the or’’. rity Surplus Preservation and Debt Reduc- Balanced Budget and Emergency Deficit (b) AMENDMENTS TO THE BALANCED BUDGET llll tion Act, of this Act constitutes or Control Act of 1985 being exceeded. AND EMERGENCY DEFICIT CONTROL ACT OF constitute social security reform provi- ‘‘(l) SOCIAL SECURITY SURPLUS PROTECTION 1985.—The Balanced Budget and Emergency sions.’, with a list of specific provisions in POINT OF ORDER.— Deficit Control Act of 1985 is amended— that bill or joint resolution specified in the ‘‘(1) IN GENERAL.—It shall not be in order in (1) in section 250, by striking subsection (b) blank space.’’. the Senate to consider a concurrent resolu- and inserting the following: SEC. 205. PRESIDENT’S BUDGET. tion on the budget, an amendment thereto, ‘‘(b) GENERAL STATEMENT OF PURPOSE.— Section 1105(f) of title 31, United States or a conference report thereon that sets This part provides for the enforcement of— Code, is amended by striking ‘‘in a manner forth a deficit in any fiscal year. ‘‘(1) a balanced budget excluding the re- consistent’’ and inserting ‘‘in compliance’’. ‘‘(2) EXCEPTION.—Paragraph (1) shall not ceipts and disbursements of the social secu- SEC. 206. SUNSET. apply if— rity trust funds; and This title and the amendments made by ‘‘(A) the limit on the debt held by the pub- ‘‘(2) a limit on the debt held by the public this title shall expire on May 1, 2010. lic in section 253A(a) of the Balanced Budget to ensure that social security surpluses are and Emergency Deficit Control Act of 1985 is used for social security reform or to reduce AMENDMENT NO. 263 suspended; or debt held by the public and are not spent on In lieu of the proposed legislative amend- ‘‘(B) the deficit for a fiscal year results other programs.’’; ment insert the following: solely from the enactment of— (2) in section 250(c)(1), by inserting ‘‘ ‘ debt TITLE II—SOCIAL SECURITY SURPLUS ‘‘(i) social security reform legislation, as held by the public’, ‘social security surplus’ ’’ PRESERVATION AND DEBT REDUCTION defined in section 253A(e)(2) of the Balanced after ‘‘outlays’, ’’; and ACT Budget and Emergency Deficit Control Act (3) by inserting after section 253 the fol- SEC. 201. SHORT TITLE. of 1985; or lowing: This title may be cited as the ‘‘Social Se- ‘‘(ii) provisions of legislation that are des- ‘‘SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. curity Surplus Preservation and Debt Reduc- ignated as an emergency requirement pursu- ‘‘(a) LIMIT.—The debt held by the public tion Act’’. ant to section 251(b)(2)(A) or 252(e) of the shall not exceed— April 26, 1999 CONGRESSIONAL RECORD — SENATE S4205

‘‘(1) for the period beginning May 1, 2000 under paragraph (1)(A) for the current year ‘‘(2) ADJUSTMENT TO LIMIT ON THE DEBT through April 30, 2001, $3,628,000,000,000; included in the report referenced in para- HELD BY THE PUBLIC.—If social security re- ‘‘(2) for the period beginning May 1, 2001 graph (1)(C) to— form legislation is enacted, the Secretary through April 30, 2002, $3,512,000,000,000; ‘‘(i) the limit set forth in subsection (a) for shall adjust the limit on the debt held by the ‘‘(3) for the period beginning May 1, 2002 the period of years that begins on May 1 of public for each period of fiscal years by the through April 30, 2004, $3,383,000,000,000; that calendar year; and amounts determined under paragraph (1)(A) ‘‘(4) for the period beginning May 1, 2004 ‘‘(ii) each subsequent limit; and for the relevant fiscal years included in the through April 30, 2006, $3,100,000,000,000; ‘‘(B) with respect to the periods described report referenced in paragraph (1)(C). ‘‘(5) for the period beginning May 1, 2006 in subsections (a)(4), (a)(5), and (a)(6), the ‘‘(e) DEFINITIONS.—In this section: through April 30, 2008, $2,775,000,000,000; and, Secretary shall add the amounts calculated ‘‘(1) SECRETARY.—The term ‘Secretary’ ‘‘(6) for the period beginning May 1, 2008 under paragraph (1)(A) for the current year means the Secretary of the Treasury. through April 30, 2010, $2,404,000,000,000. included in the report referenced in para- ‘‘(2) SOCIAL SECURITY REFORM LEGISLA- ‘‘(b) ADJUSTMENTS FOR ACTUAL SOCIAL SE- graph (1)(C) to— TION.—The term ‘social security reform leg- CURITY SURPLUS LEVELS.— ‘‘(i) the limit set forth in subsection (a) for islation’ means a bill or joint resolution that ‘‘(1) ESTIMATED LEVELS.—The estimated the period of years that includes May 1 of is enacted into law and includes a provision level of social security surpluses for the pur- that calendar year; and stating the following: poses of this section is— ‘‘(ii) each subsequent limit. ‘‘ ‘( ) SOCIAL SECURITY REFORM LEGISLA- ‘‘(A) for fiscal year 1999, $127,000,000,000; ‘‘(3) EXCEPTION.—The Secretary shall not TION.—For the purposes of the Social Secu- ‘‘(B) for fiscal year 2000, $137,000,000,000; make the adjustments pursuant to this sec- rity Surplus Preservation and Debt Reduc- ‘‘(C) for fiscal year 2001, $145,000,000,000; tion if the adjustments for the current year tion Act, this Act constitutes social security ‘‘(D) for fiscal year 2002, $153,000,000,000; are less than the on-budget surplus for the reform legislation.’ ‘‘(E) for fiscal year 2003, $162,000,000,000; year before the current year. This paragraph shall apply only to the first ‘‘(F) for fiscal year 2004, $171,000,000,000; ‘‘(d) ADJUSTMENT TO THE LIMIT FOR LOW bill or joint resolution enacted into law as ‘‘(G) for fiscal year 2005, $184,000,000,000; ECONOMIC GROWTH AND WAR.— described in this paragraph. ‘‘(H) for fiscal year 2006, $193,000,000,000; ‘‘(1) SUSPENSION OF STATUTORY LIMIT ON ‘‘(3) SOCIAL SECURITY REFORM PROVISIONS.— ‘‘(I) for fiscal year 2007, $204,000,000,000; DEBT HELD BY THE PUBLIC.— The term ‘social security reform provisions’ ‘‘(J) for fiscal year 2008, $212,000,000,000; and ‘‘(A) LOW ECONOMIC GROWTH.—If the most means a provision or provisions identified in ‘‘(K) for fiscal year 2009, $218,000,000,000. recent of the Department of Commerce’s ad- social security reform legislation stating the ‘‘(2) ADJUSTMENT TO THE LIMIT FOR ACTUAL vance, preliminary, or final reports of actual following: SOCIAL SECURITY SURPLUSES.—After October 1 ‘‘ ‘( ) SOCIAL SECURITY REFORM PROVI- and no later than December 31 of each year, real economic growth indicate that the rate SIONS.—For the purposes of the Social Secu- the Secretary shall make the following cal- of real economic growth for each of the most rity Surplus Preservation and Debt Reduc- culations and adjustments: recently reported quarter and the imme- tion Act, llll of this Act constitutes or ‘‘(A) CALCULATION.—After the Secretary diately preceding quarter is less than 1 per- constitute social security reform provi- determines the actual level for the social se- cent, the limit on the debt held by the public sions.’, with a list of specific provisions in curity surplus for the current year, the Sec- established in this section is suspended. that bill or joint resolution specified in the retary shall take the estimated level of the ‘‘(B) WAR.—If a declaration of war is in ef- blank space.’’. social security surplus for that year specified fect, the limit on the debt held by the public in paragraph (1) and subtract that actual established in this section is suspended. SEC. 205. PRESIDENT’S BUDGET. level. ‘‘(2) RESTORATION OF STATUTORY LIMIT ON Section 1105(f) of title 31, United States ‘‘(B) ADJUSTMENT.— DEBT HELD BY THE PUBLIC.— Code, is amended by striking ‘‘in a manner ‘‘(i) 2000 THROUGH 2004.—With respect to the ‘‘(A) RESTORATION OF LIMIT.—The statutory consistent’’ and inserting ‘‘in compliance’’. periods described in subsections (a)(1), (a)(2), limit on debt held by the public shall be re- SEC. 206. SUNSET. and (a)(3), the Secretary shall add the stored on May 1 following the quarter in This title and the amendments made by amount calculated under subparagraph (A) which the level of real Gross Domestic Prod- this title shall expire on May 1, 2010. to— uct in the final report from the Department ‘‘(I) the limit set forth in subsection (a) for of Commerce is equal to or is higher than the AMENDMENT NO. 264 the period of years that begins on May 1st of level of real Gross Domestic Product in the In lieu of the proposed legislative amend- the following calendar year; and quarter preceding the first two quarters that ment insert the following: caused the suspension of the pursuant to ‘‘(II) each subsequent limit. TITLE II—SOCIAL SECURITY SURPLUS ‘‘(ii) 2004 THROUGH 2010.—With respect to the paragraph (1). ‘‘(B) ADJUSTMENT.— PRESERVATION AND DEBT REDUCTION periods described in subsections (a)(4), (a)(5), ACT and (a)(6), the Secretary shall add the ‘‘(i) CALCULATION.—The Secretary shall amount calculated under subparagraph (A) take level of the debt held by the public on SEC. 201. SHORT TITLE. to— October 1 of the year preceding the date ref- This title may be cited as the ‘‘Social Se- ‘‘(I) the limit set forth in subsection (a) for erenced in subparagraph (A) and subtract the curity Surplus Preservation and Debt Reduc- the period of years that includes May 1st of limit in subsection (a) for the period of years tion Act’’. the following calendar year; and that includes the date referenced in subpara- SEC. 202. FINDINGS. ‘‘(II) each subsequent limit. graph (A). Congress finds that— ‘‘(c) ADJUSTMENT TO THE LIMIT FOR EMER- ‘‘(ii) ADJUSTMENT.—The Secretary shall (1) the $69,246,000,000 unified budget surplus GENCIES.— add the amount calculated under clause (i) achieved in fiscal year 1998 was entirely due ‘‘(1) ESTIMATE OF LEGISLATION.— to— to surpluses generated by the social security ‘‘(A) CALCULATION.—If legislation is en- ‘‘(I) the limit in subsection (a) for the pe- trust funds and the cumulative unified budg- acted into law that contains a provision that riod of fiscal years that includes the date ref- et surpluses projected for subsequent fiscal is designated as an emergency requirement erenced in subparagraph (A); and years are primarily due to surpluses gen- pursuant to section 251(b)(2)(A) or 252(e), ‘‘(II) each subsequent limit. erated by the social security trust funds; OMB shall estimate the amount the debt ‘‘(e) ADJUSTMENT TO THE LIMIT FOR SOCIAL (2) Congress and the President should bal- held by the public will change as a result of SECURITY REFORM PROVISIONS THAT AFFECT ance the budget excluding the surpluses gen- the provision’s effect on the level of total ON-BUDGET LEVELS.— erated by the social security trust funds; outlays and receipts excluding the impact on ‘‘(1) ESTIMATE OF LEGISLATION.— (3) according to the Congressional Budget outlays and receipts of the Federal Old-Age ‘‘(A) CALCULATION.—If social security re- Office, balancing the budget excluding the and Survivors Insurance Trust Fund and the form legislation is enacted, OMB shall esti- surpluses generated by the social security Federal Disability Insurance Trust Fund. mate the amount the debt held by the public trust funds will reduce the debt held by the ‘‘(B) BASELINE LEVELS.—OMB shall cal- will change as a result of the legislation’s ef- public by a total of $1,723,000,000,000 by the culate the changes in subparagraph (A) rel- fect on the level of total outlays and receipts end of fiscal year 2009; and ative to baseline levels for each fiscal year excluding the impact on outlays and receipts (4) social security surpluses should be used through fiscal year 2010 using current esti- of the Federal Old-Age and Survivors Insur- for social security reform or to reduce the mates. ance Trust Fund and the Federal Disability debt held by the public and should not be ‘‘(C) ESTIMATE.—OMB shall include the es- Insurance Trust Fund. spent on other programs. timate required by this paragraph in the re- ‘‘(B) BASELINE LEVELS.—OMB shall cal- SEC. 203. PROTECTION OF THE SOCIAL SECURITY port required under section 251(a)(7) or sec- culate the changes in subparagraph (A) rel- TRUST FUNDS. tion 252(d), as the case may be. ative to baseline levels for each fiscal year (a) PROTECTION BY CONGRESS.— ‘‘(2) ADJUSTMENT.—After January 1 and no through fiscal year 2010 using current esti- (1) REAFFIRMATION OF SUPPORT.—Congress later than May 1 of each calendar year begin- mates. reaffirms its support for the provisions of ning with calendar year 2000— ‘‘(C) ESTIMATE.—OMB shall include the es- section 13301 of the Budget Enforcement Act ‘‘(A) with respect to the periods described timate required by this paragraph in the re- of 1990 that provides that the receipts and in subsections (a)(1), (a)(2), and (a)(3), the port required under section 252(d) for social disbursements of the social security trust Secretary shall add the amounts calculated security reform legislation. funds shall not be counted for the purposes S4206 CONGRESSIONAL RECORD — SENATE April 26, 1999

of the budget submitted by the President, debt obligation issued on a discount basis ‘‘(A) CALCULATION.—After the Secretary the congressional budget, or the Balanced that is not redeemable before maturity at determines the actual level for the social se- Budget and Emergency Deficit Control Act the option of the holder of the obligation is curity surplus for the current year, the Sec- of 1985. an amount equal to the sum of— retary shall take the estimated level of the (2) PROTECTION OF SOCIAL SECURITY BENE- ‘‘(i) the original issue price of the obliga- social security surplus for that year specified FITS.—If there are sufficient balances in the tion; plus in paragraph (1) and subtract that actual Federal Old-Age and Survivors Insurance ‘‘(ii) the portion of the discount on the ob- level. Trust Fund and the Federal Disability Insur- ligation attributable to periods before the ‘‘(B) ADJUSTMENT.— ance Trust Fund, the Secretary of Treasury beginning of such month. ‘‘(i) 2000 THROUGH 2004.—With respect to the shall give priority to the payment of social ‘‘(12) The term ‘social security surplus’ periods described in subsections (a)(1), (a)(2), security benefits required to be paid by law. means the amount for a fiscal year that re- and (a)(3), the Secretary shall add the (b) POINTS OF ORDER.—Section 301 of the ceipts exceed outlays of the Federal Old-Age amount calculated under subparagraph (A) Congressional Budget Act of 1974 is amended and Survivors Insurance Trust Fund and the to— by adding at the end the following: Federal Disability Insurance Trust Fund.’’; ‘‘(I) the limit set forth in subsection (a) for ‘‘(j) SOCIAL SECURITY POINT OF ORDER.—It (2) in section 301(a) by— the period of years that begins on May 1st of shall not be in order in the Senate to con- (A) redesignating paragraphs (6) and (7) as sider a concurrent resolution on the budget, the following calendar year; and paragraphs (7) and (8), respectfully; and ‘‘(II) each subsequent limit. an amendment thereto, or a conference re- (B) inserting after paragraph (5) the fol- ‘‘(ii) 2004 THROUGH 2010.—With respect to the port thereon that violates section 13301 of lowing: periods described in subsections (a)(4), (a)(5), the Budget Enforcement Act of 1990. ‘‘(6) the debt held by the public; and’’; and and (a)(6), the Secretary shall add the ‘‘(k) DEBT HELD BY THE PUBLIC POINT OF (3) in section 310(a) by— amount calculated under subparagraph (A) ORDER.—It shall not be in order in the Sen- (A) striking ‘‘or’’ at the end of paragraph to— ate to consider any bill, joint resolution, (3); ‘‘(I) the limit set forth in subsection (a) for amendment, motion, or conference report (B) by redesignating paragraph (4) as para- the period of years that includes May 1st of that would— graph (5); and the following calendar year; and ‘‘(1) increase the limit on the debt held by (C) inserting the following new paragraph; the public in section 253A(a) of the Balanced ‘‘(4) specify the amounts by which the stat- ‘‘(II) each subsequent limit. Budget and Emergency Deficit Control Act utory limit on the debt held by the public is ‘‘(c) ADJUSTMENT TO THE LIMIT FOR EMER- of 1985; or to be changed and direct the committee hav- GENCIES.— ‘‘(2) provide additional borrowing author- ing jurisdiction to recommend such change; ‘‘(1) ESTIMATE OF LEGISLATION.— ity that would result in the limit on the debt or’’. ‘‘(A) CALCULATION.—If legislation is en- held by the public in section 253A(a) of the (b) AMENDMENTS TO THE BALANCED BUDGET acted into law that contains a provision that Balanced Budget and Emergency Deficit AND EMERGENCY DEFICIT CONTROL ACT OF is designated as an emergency requirement Control Act of 1985 being exceeded. 1985.—The Balanced Budget and Emergency ‘‘(l) SOCIAL SECURITY SURPLUS PROTECTION pursuant to section 251(b)(2)(A) or 252(e), Deficit Control Act of 1985 is amended— OMB shall estimate the amount the debt POINT OF ORDER.— (1) in section 250, by striking subsection (b) ‘‘(1) IN GENERAL.—It shall not be in order in held by the public will change as a result of and inserting the following: the provision’s effect on the level of total the Senate to consider a concurrent resolu- ‘‘(b) GENERAL STATEMENT OF PURPOSE.— tion on the budget, an amendment thereto, outlays and receipts excluding the impact on This part provides for the enforcement of— outlays and receipts of the Federal Old-Age or a conference report thereon that sets ‘‘(1) a balanced budget excluding the re- forth a deficit in any fiscal year. and Survivors Insurance Trust Fund and the ceipts and disbursements of the social secu- Federal Disability Insurance Trust Fund. ‘‘(2) EXCEPTION.—Paragraph (1) shall not rity trust funds; and ‘‘(B) BASELINE LEVELS.—OMB shall cal- apply if— ‘‘(2) a limit on the debt held by the public ‘‘(A) the limit on the debt held by the pub- culate the changes in subparagraph (A) rel- to ensure that social security surpluses are ative to baseline levels for each fiscal year lic in section 253A(a) of the Balanced Budget used for social security reform or to reduce and Emergency Deficit Control Act of 1985 is through fiscal year 2010 using current esti- debt held by the public and are not spent on mates. suspended; or other programs.’’; ‘‘(B) the deficit for a fiscal year results ‘‘(C) ESTIMATE.—OMB shall include the es- (2) in section 250(c)(1), by inserting ‘‘ ‘ debt timate required by this paragraph in the re- solely from the enactment of— held by the public’, ‘social security surplus’ ’’ ‘‘(i) social security reform legislation, as port required under section 251(a)(7) or sec- after ‘‘outlays’, ’’; and tion 252(d), as the case may be. defined in section 253A(e)(2) of the Balanced (3) by inserting after section 253 the fol- ‘‘(2) ADJUSTMENT.—After January 1 and no Budget and Emergency Deficit Control Act lowing: of 1985; or later than May 1 of each calendar year begin- ‘‘SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. ning with calendar year 2000— ‘‘(ii) provisions of legislation that are des- ‘‘(a) LIMIT.—The debt held by the public ignated as an emergency requirement pursu- ‘‘(A) with respect to the periods described shall not exceed— in subsections (a)(1), (a)(2), and (a)(3), the ant to section 251(b)(2)(A) or 252(e) of the ‘‘(1) for the period beginning May 1, 2000 Balanced Budget and Emergency Deficit Secretary shall add the amounts calculated through April 30, 2001, $3,628,000,000,000; under paragraph (1)(A) for the current year Control Act of 1985.’’. ‘‘(2) for the period beginning May 1, 2001 (c) SUPERMAJORITY WAIVER AND APPEAL.— included in the report referenced in para- through April 30, 2002, $3,512,000,000,000; graph (1)(C) to— Subsections (c)(1) and (d)(2) of section 904 of ‘‘(3) for the period beginning May 1, 2002 the Congressional Budget Act of 1974 are ‘‘(i) the limit set forth in subsection (a) for through April 30, 2004, $3,383,000,000,000; amended by striking ‘‘305(b)(2),’’ and insert- the period of years that begins on May 1 of ‘‘(4) for the period beginning May 1, 2004 ing ‘‘301(k), 301(l), 305(b)(2), 318,’’. that calendar year; and through April 30, 2006, $3,100,000,000,000; (d) CONFORMING AMENDMENT.—Section 318 ‘‘(ii) each subsequent limit; and of the Congressional Budget Act of 1974, as ‘‘(5) for the period beginning May 1, 2006 ‘‘(B) with respect to the periods described added by this Act, is amended by adding at through April 30, 2008, $2,775,000,000,000; and, in subsections (a)(4), (a)(5), and (a)(6), the the end the following: ‘‘(6) for the period beginning May 1, 2008 Secretary shall add the amounts calculated ‘‘(c) EXCEPTION FOR DEFENSE SPENDING.— through April 30, 2010, $2,404,000,000,000. under paragraph (1)(A) for the current year ‘‘(b) ADJUSTMENTS FOR ACTUAL SOCIAL SE- Subsection (b) shall not apply against an included in the report referenced in para- CURITY SURPLUS LEVELS.— emergency designation for a provision mak- graph (1)(C) to— ‘‘(1) ESTIMATED LEVELS.—The estimated ing discretionary appropriations in the de- ‘‘(i) the limit set forth in subsection (a) for level of social security surpluses for the pur- fense category.’’. the period of years that includes May 1 of poses of this section is— SEC. 204. DEDICATION OF SOCIAL SECURITY SUR- that calendar year; and ‘‘(A) for fiscal year 1999, $127,000,000,000; PLUSES TO REDUCTION IN THE ‘‘(ii) each subsequent limit. DEBT HELD BY THE PUBLIC. ‘‘(B) for fiscal year 2000, $137,000,000,000; ‘‘(3) EXCEPTION.—The Secretary shall not (a) AMENDMENTS TO THE CONGRESSIONAL ‘‘(C) for fiscal year 2001, $145,000,000,000; make the adjustments pursuant to this sec- BUDGET ACT OF 1974.—The Congressional ‘‘(D) for fiscal year 2002, $153,000,000,000; tion if the adjustments for the current year Budget Act of 1974 is amended— ‘‘(E) for fiscal year 2003, $162,000,000,000; are less than the on-budget surplus for the (1) in section 3, by adding at the end the ‘‘(F) for fiscal year 2004, $171,000,000,000; year before the current year. following: ‘‘(G) for fiscal year 2005, $184,000,000,000; ‘‘(11)(A) The term ‘debt held by the public’ ‘‘(H) for fiscal year 2006, $193,000,000,000; ‘‘(d) ADJUSTMENT TO THE LIMIT FOR LOW means the outstanding face amount of all ‘‘(I) for fiscal year 2007, $204,000,000,000; ECONOMIC GROWTH AND WAR.— debt obligations issued by the United States ‘‘(J) for fiscal year 2008, $212,000,000,000; and ‘‘(1) SUSPENSION OF STATUTORY LIMIT ON Government that are held by outside inves- ‘‘(K) for fiscal year 2009, $218,000,000,000. DEBT HELD BY THE PUBLIC.— tors, including individuals, corporations, ‘‘(2) ADJUSTMENT TO THE LIMIT FOR ACTUAL ‘‘(A) LOW ECONOMIC GROWTH.—If the most State or local governments, foreign govern- SOCIAL SECURITY SURPLUSES.—After October 1 recent of the Department of Commerce’s ad- ments, and the Federal Reserve System. and no later than December 31 of each year, vance, preliminary, or final reports of actual ‘‘(B) For the purpose of this paragraph, the the Secretary shall make the following cal- real economic growth indicate that the rate term ‘face amount’, for any month, of any culations and adjustments: of real economic growth for each of the most April 26, 1999 CONGRESSIONAL RECORD — SENATE S4207 recently reported quarter and the imme- tion Act, llll of this Act constitutes or selves prevent children from watching vio- diately preceding quarter is less than 1 per- constitute social security reform provi- lent video programming. cent, the limit on the debt held by the public sions.’, with a list of specific provisions in (11) Although many programs are now sub- established in this section is suspended. that bill or joint resolution specified in the ject to both age-based and content-based rat- ‘‘(B) WAR.—If a declaration of war is in ef- blank space.’’. ings, some broadcast and non-premium cable fect, the limit on the debt held by the public SEC. 205. PRESIDENT’S BUDGET. programs remain unrated with respect to the established in this section is suspended. Section 1105(f) of title 31, United States content of their programming. ‘‘(2) RESTORATION OF STATUTORY LIMIT ON Code, is amended by striking ‘‘in a manner (12) Technology-based solutions may be DEBT HELD BY THE PUBLIC.— consistent’’ and inserting ‘‘in compliance’’. helpful in protecting some children, but may ‘‘(A) RESTORATION OF LIMIT.—The statutory not be effective in achieving the compelling SEC. 206. SUNSET. limit on debt held by the public shall be re- governmental interest in protecting all chil- This title and the amendments made by stored on May 1 following the quarter in dren from violent programming when par- this title shall expire on May 1, 2010. which the level of real Gross Domestic Prod- ents are only able to block programming uct in the final report from the Department f that has in fact been rated for violence. of Commerce is equal to or is higher than the AMENDMENTS SUBMITTED ON (13) Technology-based solutions will not be level of real Gross Domestic Product in the installed in all newly manufactured tele- quarter preceding the first two quarters that APRIL 26, 1999 visions until January 1, 2000. caused the suspension of the pursuant to (14) Even though technology-based solu- paragraph (1). tions will be readily available, many con- ‘‘(B) ADJUSTMENT.— Y2K ACT sumers of video programming will not actu- ‘‘(i) CALCULATION.—The Secretary shall ally own such technology for several years take level of the debt held by the public on and therefore will be unable to take advan- October 1 of the year preceding the date ref- HOLLINGS AMENDMENTS NOS. 265– tage of content based ratings to prevent erenced in subparagraph (A) and subtract the 266 their children from watching violent pro- limit in subsection (a) for the period of years (Ordered to lie on the table.) gramming. that includes the date referenced in subpara- (15) In light of the fact that some program- graph (A). Mr. HOLLINGS submitted two ming remains unrated for content, and given ‘‘(ii) ADJUSTMENT.—The Secretary shall amendments intended to be proposed that many consumers will not have blocking add the amount calculated under clause (i) by him to the bill (S. 96) to regulate technology in the near future, the chan- to— commerce between and among the sev- neling of violent programming is the least ‘‘(I) the limit in subsection (a) for the pe- eral States by providing for the orderly restrictive means to limit the exposure of riod of fiscal years that includes the date ref- resolution of disputes arising out of children to the harmful influences of violent erenced in subparagraph (A); and computer-based problems related to programming. ‘‘(II) each subsequent limit. processing data that includes a 2-digit (16) Restricting the hours when violent ‘‘(e) ADJUSTMENT TO THE LIMIT FOR SOCIAL programming can be shown protects the in- SECURITY REFORM PROVISIONS THAT AFFECT expression of that year’s date; as fol- terests of children whose parents are un- ON-BUDGET LEVELS.— lows: available, are unable to supervise their chil- ‘‘(1) ESTIMATE OF LEGISLATION.— AMENDMENT NO. 265 dren’s viewing behavior, do not have the ben- ‘‘(A) CALCULATION.—If social security re- At the end add the following: efit of technology-based solutions, are un- form legislation is enacted, OMB shall esti- SECTION 1. SHORT TITLE. able to afford the costs of technology-based mate the amount the debt held by the public solution, or are unable to determine the con- This Act may be cited as the ‘‘Children’s will change as a result of the legislation’s ef- tent of those shows that are only subject to Protection from Violent Programming Act’’. fect on the level of total outlays and receipts age-based ratings. excluding the impact on outlays and receipts SEC. 2. FINDINGS. SEC. 3. UNLAWFUL DISTRIBUTION OF VIOLENT of the Federal Old-Age and Survivors Insur- The Congress makes the following findings: VIDEO PROGRAMMING. ance Trust Fund and the Federal Disability (1) Television influences the perception Title VII of the Communications Act of Insurance Trust Fund. children have of the values and behavior that 1934 (47 U.S.C. 701 et seq.) is amended by add- ‘‘(B) BASELINE LEVELS.—OMB shall cal- are common and acceptable in society. ing at the end the following: culate the changes in subparagraph (A) rel- (2) Broadcast television, cable television, ‘‘SEC. 715. UNLAWFUL DISTRIBUTION OF VIO- ative to baseline levels for each fiscal year and video programming are— LENT VIDEO PROGRAMMING NOT through fiscal year 2010 using current esti- (A) pervasive presences in the lives of all SPECIFICALLY BLOCKABLE BY mates. American children; and ELECTRONIC MEANS. ‘‘(C) ESTIMATE.—OMB shall include the es- (B) readily accessible to all American chil- ‘‘(a) UNLAWFUL DISTRIBUTION.—It shall be timate required by this paragraph in the re- dren. unlawful for any person to distribute to the port required under section 252(d) for social (3) Violent video programming influences public any violent video programming dur- security reform legislation. children, as does indecent programming. ing hours when children are reasonably like- ‘‘(2) ADJUSTMENT TO LIMIT ON THE DEBT (4) There is empirical evidence that chil- ly to comprise a substantial portion of the HELD BY THE PUBLIC.—If social security re- dren exposed to violent video programming audience. form legislation is enacted, the Secretary at a young age have a higher tendency to en- ‘‘(b) RULEMKING PROCEEDING.—The Com- shall adjust the limit on the debt held by the gage in violent and aggressive behavior later mission shall conduct a rulemaking pro- public for each period of fiscal years by the in life than those children not so exposed. ceeding to implement the provisions of this amounts determined under paragraph (1)(A) (5) Children exposed to violent video pro- section and shall promulgate final regula- for the relevant fiscal years included in the gramming are prone to assume that acts of tions pursuant to that proceeding not later report referenced in paragraph (1)(C). violence are acceptable behavior and there- than 9 months after the date of enactment of ‘‘(e) DEFINITIONS.—In this section: fore to imitate such behavior. the Children’s Protection from Violent Pro- ‘‘(1) SECRETARY.—The term ‘Secretary’ (6) Children exposed to violent video pro- gramming Act. As part of that proceeding, means the Secretary of the Treasury. gramming have an increased fear of becom- the Commission— ‘‘(2) SOCIAL SECURITY REFORM LEGISLA- ing a victim of violence, resulting in in- ‘‘(1) may exempt from the prohibition TION.—The term ‘social security reform leg- creased self-protective behaviors and in- under subsection (a) programming (including islation’ means a bill or joint resolution that creased mistrust of others. news programs and sporting events) whose is enacted into law and includes a provision (7) There is a compelling governmental in- distribution does not conflict with the objec- stating the following: terest in limiting the negative influences of tive of protecting children from the negative ‘‘ ‘( ) SOCIAL SECURITY REFORM LEGISLA- violent video programming on children. influences of violent video programming, as TION.—For the purposes of the Social Secu- (8) There is a compelling governmental in- that objective is reflected in the findings in rity Surplus Preservation and Debt Reduc- terest in channeling programming with vio- section 551(a) of the Telecommunications tion Act, this Act constitutes social security lent content to periods of the day when chil- Act of 1996; reform legislation.’ dren are not likely to comprise a substantial ‘‘(2) shall exempt premium and pay-per- This paragraph shall apply only to the first portion of the television audience. view cable programming; and bill or joint resolution enacted into law as (9) Because some programming that is ‘‘(3) shall define the term ‘hours when chil- described in this paragraph. readily accessible to minors remains unrated dren are reasonably likely to comprise a sub- ‘‘(3) SOCIAL SECURITY REFORM PROVISIONS.— and therefore cannot be blocked solely on stantial portion of the audience’ and the The term ‘social security reform provisions’ the basis of its violent contents restricting term ‘violent video programming.’ means a provision or provisions identified in the hours when violent video programming is ‘‘(c) REPEAT VIOLATIONS.—If a person re- social security reform legislation stating the shown is the least restrictive and most nar- peatedly violates this section or any regula- following: rowly tailored means to achieve a compel- tion promulgated under this section, the ‘‘ ‘( ) SOCIAL SECURITY REFORM PROVI- ling governmental interest. Commission shall, after notice and oppor- SIONS.—For the purposes of the Social Secu- (10) Warning labels about the violent con- tunity for hearing, revoke any license issued rity Surplus Preservation and Debt Reduc- tent of video programming will not in them- to that person under this Act. S4208 CONGRESSIONAL RECORD — SENATE April 26, 1999

‘‘(d) CONSIDERATION OF VIOLATIONS IN LI- ‘‘ ‘Handgun club’ means a club organized retary may approve the registration of a se- CENSE RENEWALS.—The Commission shall for bona fide target shooting with handguns. curity guard service if— consider, among the elements in its review of ‘‘ ‘Licensed handgun club’ means a hand- ‘‘(1)(A) the security guard service has pro- an application for renewal of a license under gun club that is licensed under section 943. cedures and has facilities on its premises for this Act, whether the licensee has complied ‘‘ ‘Registered security guard service’ means keeping its handguns in a secure place, under with this section and the regulations pro- a security guard service that is registered the control of a designated officer of the se- mulgated under this section. under section 944. curity guard service; or ‘‘(e) DISTRIBUTE DEFINED.—In this section, ‘‘ ‘Security guard service’ means an entity ‘‘(B) has made arrangements for the stor- the term ‘distribute’ means to send, trans- that engages in the business of providing se- age of its handguns in a facility of the local mit, retransmit, telecast, broadcast, or ca- curity guard services to the public. police department or other law enforcement blecast, including by wire, microwave, or ‘‘SEC. 942. UNLAWFUL ACTS. agency, at all times when such handguns are satellite.’’. ‘‘(a) OFFENSE.—Except as provided in sub- not in use for legitimate business purposes; SEC. 4. SEPARABILITY. sections (b) and (c), it is unlawful for a per- ‘‘(2) the security guard service has ob- If any provision of this Act, or any provi- son to manufacture, import, export, sell, tained all necessary State and local licenses sion of an amendment made by this Act, or buy, transfer, receive, own possess, trans- and meet all State and local requirements to the application thereof to particular persons port, or use a handgun or handgun ammuni- engage in the business of providing security or circumstances, is found to be unconstitu- tion. guard service; and ‘‘(b) EXCEPTIONS.—Subsection (a) does not ‘‘(3) the security guard service meets all tional, the remainder of this Act or that apply to— operational, safety, security, training, and amendment, or the application thereof to ‘‘(1) the Army, Navy, Air Force, Marine other requirements that the Secretary may other persons or circumstances shall not be Corps, Coast Guard, and National Guard; prescribe by regulation. affected. ‘‘(2) Federal, State, or local government ‘‘(b) REVOCATION.—The Secretary shall re- SEC. 5. EFFECTIVE DATE. agencies charged with law enforcement du- voke the registration of a registered security The prohibition contained in section 715 of ties that require its officers to possess hand- guard service that does not continue to meet the Communications Act of 1934 (as added by guns; the requirements of subsection (a). section 3 of this Act) and the regulations ‘‘(3) registered security guard services; or ‘‘(c) REGISTRATION FEE.—A registered secu- promulgated thereunder shall take effect 1 ‘‘(4) licensed handgun clubs and members rity guard service shall pay to the Secretary year after the regulations are adopted by the of licensed handgun clubs. an annual registration fee of $50. Commission. ‘‘(c) APPROVED TRANSACTIONS.—Pursuant ‘‘SEC. 945. RECORDKEEPING AND REPORTS; to regulations issued by the Secretary, the TRANSFERS TO LICENSED HANDGUN AMENDMENT NO. 266 Secretary may approve the manufacture, im- CLUBS. At the end, add the following: portation, sale, purchase, transfer, receipt, ‘‘(a) RECORDKEEPING.—A licensed manufac- ownership, possession, transportation, and turer, licensed importer, licensed dealer, li- SECTION 1. SHORT TITLE. use of a handgun or handgun ammunition by censed handgun club or member of a licensed This Act may be cited as the ‘‘Public licensed manufacturers, licensed importers, handgun club, or registered security guard Health and Safety Act of 1999’’: and licensed dealers as necessary to meet the service that sells or otherwise transfers SEC. 3. AMENDMENT OF TITLE 18, UNITED lawful requirements of the persons and enti- handguns or handgun ammunition shall— STATES CODE. ties described in subsection (b). ‘‘(1) maintain records of sales, transfers, Chapter 44 of title 18, United States Code, ‘‘SEC. 943. LICENSING OF HANDGUN CLUBS. receipts, and other dispositions of handguns is amended— ‘‘(a) HANDGUN CLUBS.—Pursuant to regula- and handgun ammunition in such form as (1) by— tions issued by the Secretary, the Secretary the Secretary may by regulation provide; (A) redesigning the text of the chapter as may issue a license to a handgun club if— and subchapter A; ‘‘(1) no member of the handgun club is a ‘‘(2) permit the Secretary to enter the (B) inserting after the chapter heading the person whose membership and participation premises at reasonable times for the purpose following: in the club is in violation of State or local of inspecting such records. ‘‘Subchapter law; ‘‘(b) REPORTS OF LOSS OR THEFT.—(1) A li- ‘‘A. Firearms In General ‘‘(2) no member of the handgun club is pro- censed handgun club or registered security —921 hibited from transporting, shipping, or re- guard service shall report to the Secretary a ‘‘B. Handguns ceiving firearms or ammunition in interstate loss or theft of any handgun in its possession —941 or foreign commerce under section 922 (g) or or the possession of one of its members of ‘‘SUBCHAPTER A—FIREARMS IN (h); employees not later than thirty days after GENERAL’’; ‘‘(3) no member of the handgun club has the loss or theft is discovered. ‘‘(2) A report made under subsection (a) and willfully violated this chapter or any regula- shall include such information as the Sec- (C) striking ‘‘this chapter’’ each place it tions issued under this chapter; ‘‘(4) the handgun club has not willfully retary by regulation shall prescribe, includ- appears and inserting ‘‘this subchapter’’; and failed to disclose any material information ing the date and place of theft or loss. (2) by adding at the end the following new required, or has not made any false state- ‘‘(c) TRANSFERS TO HANDGUN CLUBS.—A subchapter: ment as to any material fact in connection person that sells or otherwise transfers a ‘‘SUBCHAPTER B—HANDGUNS with its application; handgun to a licensed handgun club or mem- ‘‘Sec. ‘‘(5) the club has been founded and oper- ber of a licensed handgun club shall be ‘‘941. Definitions. ated for bona fide target shooting; and shipped or otherwise delivered directly to ‘‘942. Unlawful acts. ‘‘(6) the handgun club— the premises of the licensed handgun club ‘‘943. Licensing of handgun clubs. ‘‘(A) has permanent premises from which it where the handgun will be kept. ‘‘944. Registration of security guard services. operates; ‘‘SEC. 946. VOLUNTARY DELIVERY TO LAW EN- ‘‘945. Recordkeeping and reports; transfers to ‘‘(B) maintains possession and control of FORCEMENT AGENCY; REIMBURSE- licensed handgun clubs. the handguns used by its members; MENT. ‘‘946. Voluntary delivery to law enforcement ‘‘(C)(i) has procedures and has facilities on ‘‘(a) DELIVERY.—A person may at any time agency; reimbursement. its premises for keeping such handguns in a voluntarily deliver to any Federal, State, or ‘‘947. Penalties. secure place, under the control of a des- local law enforcement agency designated by ‘‘948. Regulations. ignated officer of the club; or the Secretary a handgun owned or possessed ‘‘949. Relation to other law. ‘‘(ii) has made arrangements for the stor- by the person. ‘‘950. Severability. age of the members’ handguns in a facility of ‘‘(b) DISPOSITION.—The Secretary shall ar- the local police department or other law en- range with each agency designated to receive ‘‘SEC. 941. DEFINITIONS. forcement agency, at all times when they are handguns for the transfer, destruction, or ‘‘(a) TERMS DEFINED IN SECTION 921.—Un- not being used for target shooting; and other disposition of handguns delivered less otherwise defined in subsection (b), a ‘‘(D) meets all operational, safety, secu- under subsection (a). term used in this subchapter that is defined rity, training, and other requirements that ‘‘(c) REIMBURSEMENT.—The Secretary shall in section 921 has the meaning stated in that the Secretary may prescribe by regulation. pay to a person who delivers a handgun section. ‘‘(b) REVOCATION.—The secretary shall re- under subsection (a) on or prior to the date ‘‘(b) ADDITIONAL TERMS.—As used in this voke the license of a licensed handgun club that is one hundred eighty days after the subchapter. that does not continue to meet the require- date of enactment of this subchapter an ‘‘ ‘Handgun’ means by firearm including a ments of subsection (a). amount equal to the greater of— pistol or revolver that is designed to be fired ‘‘(c) LICENSE FEE.—A licensed handgun ‘‘(1) $25; or by the use of a single hand, or any combina- club shall pay to the Secretary an annual li- ‘‘(2) the fair market value of the gun as de- tion of parts from which such a firearm can cense fee of $25. termined by the Secretary. be assembled. ‘‘SEC. 944. REGISTRATION OF SECURITY GUARD ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘ ‘Handgun ammunition’ means ammuni- SERVICES. There are authorized to be appropriated to tion that is designed for use primarily in a ‘‘(a) SECURITY GUARD SERVICES.—Under the Secretary such sums as are necessary to handgun. regulations issued by the Secretary, the Sec- make such payments under subsection (c). April 26, 1999 CONGRESSIONAL RECORD — SENATE S4209

‘‘SEC. 947. PENALTIES. than $5,000, and its chief executive officer or COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘(a) VIOLATION OF SECTION 942.—(1) Except other person responsible for the failure shall AND PENSIONS as provided in paragraph (2), a person who be imprisoned not more than five years, or Mr. JEFFORDS. Mr. President, I violates section 942 shall be fined not more both. would like to announce for information than $5,000, imprisoned not more than five ‘‘(f) FORFEITURE.—Any handgun or hand- of the Senate and the public that a years, or both. gun ammunition involved or used in, or in- ‘‘(2) A person who voluntarily delivers a tended to be used in, a violation of this sub- hearing of the Senate Committee on handgun under section 946(a) after the date chapter or any regulation issued under this Health, Education, Labor, and Pen- that is one hundred eighty days after the subchapter, or any violation of any other sions will be held on Thursday, April date of enactment of this subchapter shall criminal law of the United States, shall be 29, 1999, 10:00 a.m., in SD–628 of the Sen- not be subject to criminal prosecution for subject to seizure and forfeiture, and all pro- ate Dirksen Building. The subject of possession of the handgun under any Fed- visions of the Internal Revenue Code of 1986 the hearing is ‘‘ESEA Reauthoriza- eral, State, or local law, but shall pay to the relating to the seizure, forfeiture, and dis- tion.’’ For further information, please Secretary a civil penalty in an amount de- position of firearms shall, so far as applica- call the committee, 202/224–5375. termined by the Secretary, not to exceed ble, extend to seizures and forfeitures under $500. this subchapter. COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS ‘‘(b) FAILURE TO REPORT LOSS OR THEFT.— ‘‘SEC. 948. REGULATIONS. A licensed handgun club or registered secu- ‘‘The Secretary may prescribe such regula- Mr. JEFFORDS. Mr. President, I rity guard service that fails to report a loss tions as the Secretary deems necessary to would like to announce for information or theft of a handgun as required by section carry out this subchapter. of the Senate and the public that a 945(b)— ‘‘SEC. 949. RELATION TO OTHER LAW. hearing of the Senate Committee on ‘‘(1) in the case of a negligent failure to re- ‘‘The regulation of handguns under this Health, Education, Labor, and Pen- port or a negligent failure to discover the subchapter is in addition to the regulation of loss or theft, shall pay to the Secretary a sions, Subcommittee on Aging will be handguns under subchapter A and any other civil penalty in an amount determined by held on April 30, 1999, 10:00 a.m., in SD– Federal, State, or local law. the Secretary, not to exceed $1,000; and 628 of the Senate Dirksen Building. The ‘‘(2) in the case of an intentional failure to ‘‘SEC. 950. SEVERABILITY. subject of the hearing is ‘‘Older Ameri- report, shall be fined not more than $5,000, ‘‘If any provision of this subchapter or the cans Act.’’ For further information, its officer designated under section application thereof to any person or cir- please call the committee, 202/224–5375. 943(a)(6)(C)(i) or 944(a)(1)(A) imprisoned not cumstance is held invalid, the remainder of COMMITTEE ON ENERGY AND NATURAL more than five years, or both. the subchapter and the application of that RESOURCES ‘‘(c) FAILURE TO DELIVER TO PREMISES OF provision to other persons not similarly situ- LICENSED HANDGUN CLUB.—A person that ated or to other circumstances shall not be Mr. MURKOWSKI. Mr. President, I sells or otherwise transfers a handgun to a affected thereby.’’. would like to announce for the infor- licensed handgun club or member of a li- SEC. 4. RULE OF CONSTRUCTION. mation of the Senate and the public censed handgun club that causes the hand- Nothing in this Act shall be construed as that a hearing has been scheduled be- gun to be shipped or otherwise delivered by modifying or affecting any provision of— fore the Full Committee on Energy and any means or to any place other than di- (1) the National Firearms Act (chapter 53 Natural Resources to receive testi- rectly to the premises of the licensed hand- of the Internal Revenue Code of 1956); mony on, S. 698, a bill to review the gun club where the handgun will be kept, in (2) section 414 of the Mutual Security Act violation of section 945(c)— of 1954 (22 U.S.C. 1934), relating to munitions suitably and feasibility of recovering ‘‘(1) in the case of a negligent delivery to control; or costs of high altitude rescues at Denali an unauthorized place, shall pay to the Sec- (3) section 1715 of title 18, United States National Park and Preserve in Alaska, retary a civil penalty in an amount deter- Code, relating to nonmailable firearms. and for other purposes; S. 711, to allow mined by the Secretary, not to exceed $1,000; SEC. 5. EFFECTIVE DATE. for the investment of joint Federal and and (a) IN GENERAL.—Except as provided in State funds from the civil settlement ‘‘(2) in the case of an intentional delivery subsection (b), this Act and the amendments of damages from the Exxon Valdez oil to an unauthorized place, shall be fined not made by this Act shall take effect on the spill, and for other purposes; and S. 748, more than $5,000, imprisoned not more than date of enactment of this Act. five years, or both. a bill to improve Native hiring and (b) DELAYED EFFECTIVE DATE.—Sections contracting by the Federal Govern- ‘‘(d) FALSE STATEMENT OR REPRESENTA- 942 and 945 of title 18, United States Code, as TION.—(1)(A) person who— added by section 3, shall take effect on the ment within the State of Alaska, and ‘‘(A) makes a false statement or represen- date that is one hundred and eighty days for other purposes. tation with respect to information required after the date of enactment of this Act. The hearing will take place on Thurs- by this subchapter to be kept in the records f day, May 13, 1999 at 9:30 a.m. in room of an importer, manufacturer, dealer, or SD–366 of the Dirsken Senate Office handgun club licensed under this subchapter NOTICES OF HEARINGS Building in Washington, DC. or security guard service registered under this subchapter; or COMMITTEE ON HEALTH, EDUCATION, LABOR, Because of the limited time available ‘‘(B) makes a false statement or represen- AND PENSIONS for the hearing, witnesses may testify tation in applying for a handgun club license Mr. JEFFORDS. Mr. President, I by invitation only. However, those or security guard service registration under would like to announce for information wishing to submit written testimony this subchapter, of the Senate and the public that a for the hearing record should sent two shall be subject to penalty under paragraph hearing of the Senate Committee on copies of their testimony to the Com- (2). Health, Education, Labor, and Pen- mittee on Energy and Natural Re- ‘‘(2)(A) In the case of a negligent making of sources, United States Senate, SD–364 a false statement or representation described sions will be held on Tuesday, April 27, 1999, 9:30 a.m., in SD–628 of the Senate Dirksen Senate Office Building, Wash- in paragraph (1), the person shall pay to the ington, DC 20510–6150. Secretary a civil penalty in an amount de- Dirksen Building. The subject of the termined by the Secretary, not to exceed hearing is ‘‘Medical Records Privacy.’’ For further information, please con- $1,000; and For further information, please call the tact Jim O’Toole or Shawn Taylor of ‘‘(B) in the case of an intentional making committee, 202/224–5375. the committee staff at (202) 224–6949. of a false statement or representation de- COMMITTEE ON HEALTH, EDUCATION, LABOR, f scribed in paragraph (1), the person shall be AND PENSIONS fined not more than $5,000, imprisoned not Mr. JEFFORDS. Mr. President, I AUTHORITY FOR COMMITTEE TO more than five years, or both. MEET ‘‘(e) FAILURE TO KEEP OR PERMIT INSPEC- would like to announce for information TION OF RECORDS.—A person who fails to of the Senate and the public that a Ex- SPECIAL COMMITTEE ON AGING keep or permit inspection of records in viola- ecutive Session of the Senate Com- Mr. MCCAIN. Mr. President, I ask tion of section 945(a)— mittee on Health, Education, Labor, unanimous consent that the Special ‘‘(1) in the case of a negligent failure to and Pensions will be held on Wednes- Committee on Aging be permitted to maintain records, shall pay to the Secretary day, April 28, 1999, 9:30 a.m., in SD–628 meet on April 26, 1999 at 1:00–5:00 p.m. a civil penalty in an amount determined by the Secretary, not to exceed $1,000; and of the Senate Dirksen Building. The in Dirksen 106 for the purpose of con- ‘‘(2) in the case of an intentional failure to Committee will consider S. 385, ‘‘The ducting a hearing. maintain records or any failure to permit in- SAFE Act.’’ For further information, The PRESIDING OFFICER. Without spection of records, shall be fined not more please call the committee, 202/224–5375. objection, it is so ordered. S4210 CONGRESSIONAL RECORD — SENATE April 26, 1999 ADDITIONAL STATEMENTS for his commitment to the youth in rifices made by Vincent and Mary O. our communities.∑ Giuliano.∑ f IN REMEMBRANCE OF THOSE WHO f DIED PRIVATE BRYAN J. WHITE GRADUATION ∑ Mr. BUNNING. Mr. President, a trag- TRIBUTE TO GIL CLARK edy occurred in my home state of Ken- ∑ Mr. ABRAHAM. Mr. President, I rise tucky on the morning of April 22nd. A today to honor Private Bryan J. White ∑ Mr. MCCONNELL. Mr. President, I UH–60L Black Hawk helicopter crashed of the 1st Battalion, C Company, Pla- rise today to pay tribute to my dear at Ft. Campbell during a training mis- toon 1038, on the occasion of his grad- friend Gil Clark. I have admired and re- sion. Seven of the United States uation from United States Marine spected Gil as a friend and coach for Army’s 101st Airborne Division’s finest Corps basic training at Parris Island, many, many years. My thoughts and soldiers died in that crash. South Carolina, on April 30, 1999. prayers go out to him and his family I would ask us all to remember Ser- Private White is fulfilling his boy- today, as Gil continues a brave fight geant Anthony Wade Brown, Specialist hood dream of serving his country as a against liver cancer. Earl Condary Eoff, Sergeant Robert soldier in the Marine Corps. To that Gil and I go way back. I met Gil in Gerald Millward, Sergeant James Rob- end, throughout high school he main- the 1950’s, when he was my little league ert Murphy, Jr., Chief Warrant Officer tained himself in peak physical condi- baseball coach in Louisville. Gil began Two Aaron King Power, Specialist tion and excelled on the swim and coaching with the Beechmont Youth Fury John Rice, and Sergeant Julius wrestling teams to meet the rigorous Program at its inception in 1955, and Raymond Wilkes, Jr. We must also requirements of the Marine Corps. served faithfully as president of the keep their fellow soldiers, friends, and His commitment to fight and sac- program for more than 35 years. especially their families in our prayers rifice to protect the United States and Gil always taught our little league during this difficult time of mourning. the freedoms Americans cherish is to team that the most important thing These seven soldiers took an oath be commended. He deserves both re- about sports was that you practice when they joined the military to de- spect and admiration for his dedication hard and play your best, not nec- fend this great nation. We must not to country. essarily that you win. He loved base- take for granted their service and their I want to express my congratulations ball without qualification, and all of us commitment to us. We should take an to Private White and wish him the best on the team could tell. His enthusiasm oath now that they will remain in our of luck. Most importantly, I would like for the game was infectious, and his de- hearts forever and that we will never to thank him for his commitment to sire to teach us lessons about life forget them. the United States of America.∑ through sports was inspiring. Gil want- God bless these men.∑ f ed our team of aspiring players to un- f 90TH ANNIVERSARY OF THE derstand that in life, you’re not always 10TH ANNIVERSARY OF GPCC ITALIAN TRIBUNE going to win—but you should always perform to the very best of your abil- YOUTH IN GOVERNMENT PRO- ∑ Mr. ABRAHAM. Mr. President, I rise GRAM ity. Gil certainly made a lasting im- today to honor Ed and Marlene Baker pression on my life, and I’m sure that ∑ Mr. ABRAHAM. Mr. President, I rise as they celebrate the 90th Anniversary in his many years as a coach he has today to honor the Greater Pontiac of the Italian Tribune. positively influenced the lives of nu- Community Coalition for its ten year The Italian Tribune was founded as a merous other young people as well. anniversary of their Youth In Govern- weekly newspaper by Vincent and Gil committed himself to teaching ment and Business program. Mary O. Giuliano in 1909 and has chron- and coaching young people at The Greater Pontiac Community Co- icled Italian-Americans for most of the Beechmont, and worked on the admin- alition was founded by Reverend Doug- 20th Century. istration of the Louisville/Jefferson las P. Jones, Pastor of the Welcome The Italian Tribune has sustained County Metro Parks service for many Missionary Baptist Church in Pontiac, the link between American life and years. Gil practiced what he preached Michigan, who serves as President of Italian culture which is vital in exem- to those around him, and showed run- the Greater Pontiac Community Coali- plifying how we are a nation of immi- ners year after year that perseverance tion. grants and how America has provided and spirit could get the job done. The program has promoted edu- opportunities for those who have come cational excellence among middle and to her shores. In 1974, Gil was asked by Louisville’s high school students, with over 3,500 The Tribune is one of the oldest mayor to take on the challenge of di- youth participating in this fine pro- weekly, and now bi-weekly, Italian- recting the ‘‘Kentucky Derby Festival gram. American newspapers in the United miniMarathon.’’ Gil organized many This year students were taught about States and has kept Italian-American races during his tenure with Metro government, law enforcement, edu- residents in Michigan informed for Parks, but he especially enjoyed put- cation and business through hands-on nine decades, bringing them news in ting on the miniMarathon each year. visits with state and local officials rep- the accurate manner and serving as an Gil took the mayor’s challenge seri- resenting each of those segments of the important community forum. ously, built the race to its present community. Valuable experiences are The paper continually promotes loy- glory, and is now known in Kentucky garnered through the Youth in Govern- alty to the United States, pride of as the ‘‘father of the miniMarathon.’’ ment and Business, inspiring many to Italian heritage and fraternal spirit to Gil, thank you for working with me carry the torch of community leader- a community of over 350,000 first, sec- and coaching me as a young little lea- ship into the future. ond and third generation Americans of guer at Beechmont, and thank you for Building on his past successes, Rev- Italian descent in Michigan. your dedication to so many other erend Jones now plans to engage the Since the original issue was printed, young people throughout the years. I program at the elementary school the Tribune has gone through many am certain that your service to the level, and his program is also being du- changes, and is now published by Ed- Louisville/Jefferson County commu- plicated in other communities in Met- ward and Marlene Baker, descendants nity is appreciated by all, and I am ropolitan Detroit. This is a testament of the founding Giulianos. amazed at your continued commitment to the success faith-based and commu- I want to express my congratulations to others even in your time of illness. nity-based efforts can have in making a to Ed and Marlene Baker as they cele- May God continue to bless you, and difference for our youth. brate the 90th Anniversary of the give you strength in your valiant fight. I want to express my congratulations Italian Tribune, making it a part of life Mr. President, please include a copy to Pastor Jones and wish him and all for hundreds of thousands of people. of a Louisville Courier-Journal article graduates continued success. Most im- The longevity of the paper is a testa- from Sunday, April 25, 1999 recognizing portantly, I would like to thank him ment to their diligence and the sac- Gil Clark’s accomplishments. April 26, 1999 CONGRESSIONAL RECORD — SENATE S4211 [From the Courier-Journal, Apr. 25, 1999] Clark was an unlikely road-race god on him, and by now it’s been through so many THERE’S ALWAYS BEEN GIL CLARK Feb. 4. 1974, when he was hired for the park races it appears entirely held together by (By Jim Adams) job at age 53 after a career in sales. No one duct tape and paint. He was bundled in a in his family has ever raced. Clark himself blanket and scarf in the front seat of the Gil Clark stood on a slope beside Iroquois has always been a baseball man; he played in Camaro. But this was the way he wanted it, Park at 7:59:50 a.m. yesterday (runners never high school in Alton, Ill., and spent decades so he could wave at the runners. round off their minutes) and beheld what he running the youth baseball league in Louis- To travel the 25 feet from the Camaro to had built: A wide river of 6,500 runners was ville’s Beechmont neighborhood. the starter’s stage, Clark used a wheelchair, standing in place, looking up at him. But within two days, he was transformed but stood strong when Mayor Dave Arm- ‘‘Ten,’’ he said into the microphone. from baseball man to running man. ‘‘On the strong gave him a glass plaque, the Derby ‘‘Nine,’’ he said, firm of voice. sixth day of February, the mayor (Harvey Festival’s Lifetime Achievement Award. ‘‘Eight,’’ he said. He waived a starting pis- Sloane) came to see me and told me we were tol above the pith helmet he was wearing, And then the countdown to another race going to have a mini. I think he called it a began. the trademark headpiece some might think half-marathon,’’ Clark said. ‘‘I’ll give them is stitched to his scalp. an audience,’’ Clark said Sloane declared— This moment could last no more than 10 f and indeed the finish, then at the Riverfront seconds, of course, but it was a sight that Plaza and Belvedere, was generously at- caused the hearts of some of Louisville’s se- tended by City Hall workers liberated for the rious road runners to soar yesterday at the ORDERS FOR TUESDAY, APRIL 27, occasion. 1999 start of the 26th Kentucky Derby Festival It was, Clark said, the first road race of its miniMarathon. kind in Kentucky. Mr. LOTT. Mr. President, I ask unan- That’s because the 78-year-old Clark—di- Businesses soon griped about work-day imous consent that when the Senate rector of the 13.1-mile race since its inau- traffic tie-ups when the first miniMarathons completes its business today, it stand guration on a Monday morning in 1974—was were run on Mondays; the religious commu- diagnosed with liver cancer last fall. Just a in adjournment until 10 a.m. on Tues- nity wasn’t happy when Sunday was consid- day, April 27. month ago, he lay unconscious in a hospital ered as an alternative. So Saturday got the for five days; at death’s door. miniMarathon by default. I further ask that on Tuesday, imme- A stream of runners appeared at his bed- Today, Clark said, he believes Louisville diately following the prayer, the Jour- side last month to say their personal fare- has the only park department in the nation nal of the proceedings be approved to wells to the man who almost everyone ac- that oversees 20 or more races in a year— date, the morning hour be deemed to knowledges has done more than anyone else ‘‘for the good of the public,’’ he added. ‘‘We for road racing in Louisville. have expired, the time for the two lead- have developed a lot of fine races in Louis- ers be reserved, and the Senate then be He didn’t invent the pre-Derby race—a pol- ville, Kentucky, and I’m proud of that,’’ he itician did that—but Clark took it, built it, said. in a period for morning business until shaped it and nurtured it, and so a lot of peo- Priddy, Clark’s assistant, said he actually 11:30 a.m., with Senators allowed to ple call him the father of the miniMarathon. retired and moved to Florida in 1997 with his speak for up to 10 minutes each with The way the runners talk about him, he ac- wife Lorene, Whom he always called ‘‘Mom.’’ the following exceptions: Senator MUR- tually seems more like its favorite uncle. But she died in March of that same year, just KOWSKI, for 20 minutes; Senator COVER- ‘‘He’s the one that made running in Louis- days after the move, and Clark canceled his DELL, for 30 minutes; Senator DURBIN, ville,’’ said Jack La Plante, who has run in retirement and came back to the city where for 30 minutes. more than 20 miniMarathons and who he’d lived since 1948. ‘‘Louisville was his stopped to grin for a picture with Clark yes- life,’’ Priddy said. ‘‘He would have had noth- Finally, I ask unanimous consent terday morning. ‘‘He put the city on the ing in Florida.’’ that following morning business at map, as far as runners go,’’ La Plante said Back in Louisville, he also continued to be 11:30 a.m., the Senate immediately right before running the race gain. involved with the mini, although the Derby begin consideration of S. 96, the Y2K ‘‘He’s it,’’ said Stan Clark, long one of the Festival had by then taken over official legislation. leading runners in the miniMarathon, who is management of the race. The PRESIDING OFFICER. Without not related to Gil Clark. At last month’s And he also had the unending appreciation City Run, Gil Clark’s absence was a huge of the running community—a community objection, it is so ordered. hole, Stan Clark said. ‘‘He’s always present; that seems to doubt it would even exist were he’s always there. There’s always been Gil it not for him. Runner Lyons, for example, f Clark. who is 30, believes that if Metro Park’s run- Mary Anne Lyons, the leading female run- ning program had not been built, she might PROGRAM ner in the miniMarathon in recent years, not be running today. Running in that case tells this story: An acquaintance told her would have required travel, she said, and she Mr. LOTT. Mr. President, for the in- that years ago, she had set the very well might not have done it. formation of all Senators, the Senate miniMarathon as a personal goal and had Clark worked with the program he loved will convene at 10 a.m. on Tuesday and trained long for it, but then ran into an until late last year. He said he did well after be in a period of morning business until unyielding schedule conflict on race day—a surgery for his liver cancer, but early this sister’s wedding, Lyons thought it was. year, ‘‘for some reason I can’t explain, it all 11:30. Grasping at straws, the woman—unsure went berserk.’’ After morning business, the Senate why—called Clark to explain her dilemma. One of his two sons, Marvin Clark, said will begin consideration of the Y2K li- Ever sympathetic, Clark listened, then told yesterday that in late March, it truly ap- ability bill. Amendments to the bill are the woman to go out and run the route on peared that his father would die. Doctors expected to be offered and debated her own and record her time, Lyons said— held out little hope, then no hope, and pray- throughout Tuesday’s session. So roll- and that woman told her that her name ap- ers were said for a peaceful exit. call votes can be expected during the peared on a listing of race finishers that Then, Gil Clark began moving—first a leg, year. then he opened an eye, and soon he spoke. day Tuesday, and perhaps in the late The story captures the essence of what Marvin and his father both said a doctor afternoon, but not into the night. runners clearly feel about Clark. ‘‘He’s for wrote on his chart these two words: ‘‘Devine Also, any other legislation or execu- the middle and the back of the pack,’’ said intervention.’’ tive calendar items that are cleared for Kathy Priddy, Clark’s assistant for 18 years ‘‘God’s got something else for me to do, I action will be moved. when he was Metro Parks’ manager for guess,’’ Clark said Friday. ‘‘I might see an- recreation services. He’s been an advocate of other Vencor (the road race that precedes f what’s fair and decent. the miniMarathon), but if He lets me live to His view is at the very core of the tomorrow night, I will be most grateful.’’ miniMarathon itself, a race open to every- Aside from whatever God has in mind for ADJOURNMENT UNTIL 10 A.M. one, where neighbors run against neighbors, Clark, the Derby Festival had some ideas, TOMORROW co-workers against co-workers. too. Yesterday, it wanted him to fire the The miniMarathon has always known it starting pistol for he mini-Marathon. Mr. LOTT. Mr. President, if there is could be flashier and draw a different type of Friends Tandy Patrick and Jim Woosley, a no further business to come before the runner if it wanted to, but Clark has never Louisville police officer, picked Clark up at Senate, I now ask that the Senate thought much of those impulses. ‘‘I don’t his son’s home in eastern Jefferson County stand in adjournment under the pre- want to be director of a race that gives away in Patrick’s Camaro convertible—with the vious order. money,’’ he said in a telephone interview top down and the heater on. Friday. ‘‘If we can’t do it for the fun of it, for Clark wore a white-and-purple jogging There being no objection, the Senate, the fitness of it, and for the camaraderie, suite and his multicolored pith helmet—he at 6:05 p.m., adjourned until Tuesday, then I would want it to die. doesn’t remember who gave the helmet to April 27, 1999, at 10 a.m. April 26, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E763 EXTENSIONS OF REMARKS

THE COMPUTER EQUIPMENT COM- member Exxon Club. He as served as chair- pital Health Center of San Diego, the San MON SENSE DEPRECIATION ACT man of the Community Development Advisory Diego Library Commission, the Board of Direc- Board and was a member of the Human Rela- tors of the Greater San Diego Chamber of HON. MAC COLLINS tions Council of Baytown and the Baytown De- Commerce, the San Diego Armed Services YMCA, the San Diego County Council of the OF GEORGIA velopment Center. He is a founding member of the very organization that is honoring himÐ Boy Scouts of America, the San Diego Unit of IN THE HOUSE OF REPRESENTATIVES the Lee College Hispanic Access Educational the American Cancer Society, the San Diego Monday, April 26, 1999 Access Committee, which was created in County Water Authority and the San Diego Mr. COLLINS. Mr. Speaker, today I rise to 1986. Additionally, he has assisted with the County Council for Equality. introduce legislation that will return common development and implementation of a tutorial I had the honor of working with Mike Mad- sense to the Internal Revenue Code by and parental involvement program at Horace igan in a number of these capacities. Mike changing the depreciation period for computer Mann Junior School and Carver Elementary taught me much about land use planning, equipment. School, where he volunteered for eight years. water policy, and the development of high Currently, for tax purposes computer equip- Currently Ruben deHoyos serves on the quality and affordable housing. It was my honor to work with Mike during the develop- ment must be depreciated over a five year pe- board of the Southwest Resource Credit ment of Pardee's California Terraces project in riod. Ironically, rapid technological advance- Union, Hispanic Chamber of Commerce, the YMCA, Friends of Lee College, Baytown Wel- my Congressional district. ments now being made in the computer indus- The California Terraces project had to over- fare League, National Notary Association, the try guarantee that the average useful life of come a number of obstacles before it could this equipment is 14±24 months. Highly com- American Cancer Society, and the American become reality. Mike had to fully utilize all of petitive manufacturing businesses must contin- Diabetes Society. He is also active in the his skills and expertise to make this project ually replace computer equipment if they are Kiwanis Club of Baytown, HEAC, Exxon Club happen. In the face of opposition on environ- to remain competitive. Although a business and the Exxon Annuitants Club. Finally, Ruben mental grounds, Mike negotiated with environ- will often purchase a new system after 2 deHoyos ably serves on a selection committee mental activists, planners and regulatory agen- years, it must keep the outdated equipment on that screens applicants who wish to attend our cies to preserve needed open space while de- the books for 5 years. military academies. veloping a profitable, yet affordable housing This legislation will update the tax code to Mr. Speaker, Ruben deHoyos is a true civic product. Through his efforts, Pardee Construc- ensure that it acknowledges ongoing, rapid leader. He is so dedicated and so active in tion became a partner with local school dis- advancements being made in the computer in- Baytown helping to better educate our chil- tricts and as a result, the San Ysidro School dustry. This measure will change the deprecia- dren, tomorrow's leaders. On behalf of the citi- District will construct its first elementary school tion period from 5 years to 2 years, ensuring zens of Baytown, I thank him for his hard work in decades. Mike also helped Pardee establish that businesses are nor penalized for making and dedication. and support a childcare program operated by investments that ensure their ability to com- f the Borderview YMCA. I know that Mike has pete. This change will serve to promote eco- the same deep concern and affection for nomic growth and job creation within these TRIBUTE TO MIKE MADIGAN Southern San Diego CountyÐand it shows in competitive industries. his pride of the diversity of the homeowners I strongly encourage my colleagues to join HON. BOB FILNER that have selected California Terraces as their Representative BEN CARDIN, me and other OF CALIFORNIA new neighborhood. original cosponsors in support of this important IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, Mike Madigan has been a true legislation. civic leader in San Diego. As an adviser to Monday, April 26, 1999 f Mayor Wilson, as a library or water policy Mr. FILNER. Mr. Speaker and colleagues, I ``wonk'', as chairman of numerous non-profit HONORING OUTSTANDING RUBEN rise today to pay tribute to Mike Madigan, who organizations, and a representative of Pardee DEHOYOS is returning to his roots in the public sector Construction, Mike has been one of the most after spending 21 years with Pardee Construc- influential San Diegans of his generation. I HON. KEN BENTSEN tion Company. Mike has retired as the Senior know that the City of San Diego will benefit OF TEXAS Vice President, Development Coordination for from his skills and knowledge as he helps re- develop the East Village and our new ballpark. IN THE HOUSE OF REPRESENTATIVES Pardee and agreed to coordinate a massive redevelopment project for the City of San I hope that my colleagues will join me in ex- Monday, April 26, 1999 Diego in the East VillageÐa redevelopment tending our best wishes on his new endeav- Mr. BENTSEN. Mr. Speaker, I rise to honor project that includes San Diego's new home ors. Ruben deHoyos, one of Baytown, Texas' most for our National Baseball League Champion f prominent citizens. Ruben deHoyos will be Padres. ANNUAL CONGRESSIONAL ARTS honored by the Lee College Educational Ac- Mr. Speaker, I have had the pleasure of COMPETITION PARTICIPANTS cess Committee on April 30, 1999. knowing Mike Madigan for many years and HONORED Ruben deHoyos' achievements and accom- found that we have many similarities. I am a plishments are well-known in Baytown. He has life-long Democrat, while Mike belongs to the helped pave the way for Baytown's growing other party. Mike served San Diego Mayor HON. RODNEY P. FRELINGHUYSEN and vibrant community and he has been in- Pete Wilson for more than five years, while I OF NEW JERSEY strumental in promoting the importance of served Senator Hubert Humphrey. Mike is a IN THE HOUSE OF REPRESENTATIVES education within the Hispanic community. former Naval officer and graduate of San Monday, April 26, 1999 Mr. Speaker, Ruben deHoyos is a native Diego State University. I taught at San Diego Mr. FRELINGHUYSEN. Mr. Speaker, once Baytonian. During World War II, he served in State for more than 20 years. again, I come to the floor to recognize the the U.S. Navy. After the war, he want to work Mike and I also share a deep commitment great success of strong local school systems for Humble Oil and Refining where he was and dedication to our community. Mike has working with dedicated parents and teachers. one of the first five Mexican-Americans cer- demonstrated his sense of civic duty in numer- I rise today to congratulate and honor 59 out- tified as a technician. ous ways. As a testament to his leadership, standing high school artists from the 11th Ruben deHoyos is truly a leaderÐhis list of Mike has chaired the following organizations: Congressional District of New Jersey. Each of involvement in civic and community activities the California Water Commission, the San these talented students participated in the An- and organizations is extensive. He was the Francisco Bay Delta Advisory Committee, the nual Congressional Arts Competition, ``An Ar- first Hispanic elected as president of the 2,600 Bay Delta Oversight Council, Children's Hos- tistic Discovery,'' sponsored by Schering-

∑ 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. E764 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 1999 Plough Corporation. They were recently hon- A TRIBUTE TO JOE ROBERTS board member of the Council of Israeli Organi- ored at a reception and exhibit. Their works zations. are exceptional. HON. JOHN P. MURTHA In addition to his service to the community, Eitan has worked in the construction business Mr. Speaker, I would like to list each of the OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES in Israel, Nigeria, Cameroon, and now in Los students, their high schools, and their contest Angeles. Eitan has been happily married for entries, for the official RECORD. Monday, April 26, 1999 28 years to Erella, and is the father of three Student High School Name of Entry Mr. MURTHA. Mr. Speaker, last week saw children who live on a kibbutz in Israel. His the passing of a man who symbolized all that son, Nir, is now serving in the Israeli army. Gillian Cochran ...... Bayley-Ellard ...... ‘‘Untitled’’ is good and productive about local govern- Mr. Speaker, distinguished colleagues, Alisa Rabinovich ...... Bayley-Ellard ...... ‘‘Untitled’’ Brian Bell ...... Boonton ...... ‘‘Untitled’’ ment in the United States, Joseph Roberts of please join me in honoring Eitan Teitler for his Chris Holmes ...... Boonton ...... ‘‘Untitled’’ Cresson, Pennsylvania. ongoing service to the Jewish community and Larissa Schaffnit ...... Boonton ...... ‘‘Untitled’’ Joe was a Cambria County Commissioner the community at large. Susan Tieski ...... Boonton ...... ‘‘Untitled’’ Mark Bunker ...... Chatham ...... ‘‘Composition #1’’ for 32 years, and when he retired, he was the f Marc Mucciolo ...... Chatham ...... ‘‘Untitled’’ longest continuous county commissioner in Alissa Neibert ...... Chatham ...... ‘‘Untitled’’ Pennsylvania history. TRIBUTE TO SAM GILMAN Danielle Servedio ...... Chatham ...... ‘‘Untitled’’ Steven Bernaz ...... Delbarton ...... ‘‘Untitled’’ Joe cared about people. Individuals re- Andrew Bruck ...... Delbarton ...... ‘‘Untitled’’ sponded to Joe because they knew instantly HON. LANE EVANS John Harriman ...... Delbarton ...... ‘‘Untitled’’ in talking with him how much he cared about OF ILLINOIS Anders Johnson ...... Delbarton ...... ‘‘Untitled’’ Michael Cicchetti ...... Dover ...... ‘‘Still Life’’ each individual, and how much he wanted to IN THE HOUSE OF REPRESENTATIVES Victoria Cotero ...... Dover ...... ‘‘Horns’’ help. Monday, April 26, 1999 Anne Peters ...... Dover ...... ‘‘Still Life’’ Typical of Joe's work was the leadership Allyson Wood ...... Dover ...... ‘‘Still Life’’ Mr. EVANS. Mr. Speaker, I rise today to pay Vanessa Batters ...... Kinnelon ...... ‘‘Untitled’’ and constant oversight he provided in creating Julie Jun ...... Livingston ...... ‘‘Untitled’’ the county's long-term nursing care facility. tribute to a dear friend of mine, Sam Gilman Meredith Klein ...... Livingston ...... ‘‘. . . And Then I Woke Joe didn't develop the idea and turn it over to of Moline, IL. On April 29, 1999, the Quad Cit- Up’’ ies Israel Bonds Council will award Sam with Drew Kyser ...... Madison ...... ‘‘Untitled’’ others, or appear to cut the ribbon and move Juyoun (Young) Lee ...... Madison ...... ‘‘Untitled’’ on to something else, no, Joe was at the the Jerusalem Medal for dedicated service to Diana Saidac ...... Madison ...... ‘‘Untitled’’ home constantly, visiting with people, making his community and Israel. I have learned so Allison Epstein ...... Montville ...... ‘‘Jamie’’ much from Sam about public service over the Eric Hubert ...... Montville ...... ‘‘Christmas’’ them feel better, overseeing the care for peo- Susan Sook-Kyung Lee Montville ...... ‘‘Self Portrait’’ ple who were his neighbors. years, and take great joy in seeing him recog- Jeremy Levy ...... Montville ...... ‘‘Mayan Still Life’’ Joe was always looking for ways that the nized for his outstanding achievements. Julie Ashworth ...... Morris Catholic ...... ‘‘Me’’ Sam understands what it means to give of Tina Anne Messina ...... Morris Catholic ...... ‘‘Dusk’’ County could do more to help people, and Denise J. Murphy ...... Morris Catholic ...... ‘‘Winter’s Chill’’ help the community. Thousands of families in yourself to help others. After graduating from Dat Tran ...... Morris Catholic ...... ‘‘Love on the Lake’’ college, he served his country for 4 years in Tonya Autolitano ...... Morris Hills ...... ‘‘Bouquet’’ Cambria County are enjoying better lives Lisa Genovese ...... Morris Hills ...... ‘‘Untitled’’ today because of the work he did in bringing the U.S. Army during World War II. Following Tha-Anh Heani ...... Morris Hills ...... ‘‘Untitled’’ jobs to the community, expanding the airport law school at Harvard University, Sam re- Felicia Kazin ...... Morris Hills ...... ‘‘Untitled’’ turned to the Quad Cities to practice law, and Brandon Dicks ...... Morris Knolls ...... ‘‘Inking of Stec’’ and helping with road facilities, and providing Heather MacArthur ...... Morris Knolls ...... ‘‘Mikey’’ a full range of county services. later become a director of the Pinnacle Banc Danielle Maupai ...... Morris Knolls ...... ‘‘Baby With Pink Hat’’ And Joe did it all quietly. His reward wasn't Group. He has also helped build enduring in- Larissa Stec ...... Morris Knolls ...... ‘‘Achieving Balance’’ stitutions that serve the entire community, in- Danielle Cerny ...... Morristown ...... ‘‘Untitled’’ in seeing his name in the news media, or in Laura Healy ...... Morristown ...... ‘‘Mr. Fumero’’ getting some award. Joe's legacy was in help- cluding founding WQAD and WQPT and serv- JoAnn Johnson ...... Morristown ...... ‘‘Self Portrait’’ ing people, and seeing government be a force ing as Chairman of the Board of Franciscan Laura Konzelman ...... Mount Olive ...... ‘‘Untitled’’ Medical Center. Meredith Richard ...... Mount Olive ...... ‘‘Untitled’’ for good and for helping people and the com- Andres Rivera ...... Mount Olive ...... ‘‘Untitled’’ munity. Sam has been instrumental in developing a Patrick Slattery ...... Mount Olive ...... ‘‘A Dance’’ Everyone in government service could ben- strong Jewish community and support for Sean Bono ...... Randolph ...... ‘‘Chris’’ Israel in Western Illinois. His leadership as a Gregory Leveto ...... Randolph ...... ‘‘That Thing’’ efit from measuring themselves against the Francesca Oliveira ...... Randolph ...... ‘‘The Wright Stairs’’ record and actions of Joe Roberts. Few of us director and past president of the Jewish Fed- Heather Troast ...... Randolph ...... ‘‘Untitled’’ will ever succeed to his standards, but we all eration of the Quad Cities, as founder of the Stephanie Bryan ...... Ridge ...... ‘‘Untitled’’ Quad Cities Yom HaShoah Committee, and Michael Pascarella ...... Ridge ...... ‘‘Untitled’’ should try. Jiri Seger ...... Ridge ...... ‘‘Untitled’’ f past director of the Tri-City Jewish Center Mike Yang ...... Ridge ...... ‘‘Untitled’’ strengthened those groups and laid a founda- Rachel Glaser ...... West Essex ...... ‘‘Untitled’’ TRIBUTE TO EITAN TEITLER tion for an active community for years to Joseph Morelli ...... West Essex ...... ‘‘Untitled’’ Lindsay Trella ...... West Essex ...... ‘‘Untitled’’ come. Joanna Choi ...... West Essex ...... ‘‘Untitled’’ HON. BRAD SHERMAN I have also been a witness to Sam's love for OF CALIFORNIA Israel and his dedication to helping Jews in As you know, Mr. Speaker, each year the IN THE HOUSE OF REPRESENTATIVES need around the world. In 1986, we traveled together in a group to Israel, and I learned to winner of the competition will have the oppor- Monday, April 26, 1999 tunity to travel to Washington, D.C. to meet appreciate the deep affection he has for all Mr. SHERMAN. Mr. Speaker, I rise today to that the land and its people represent. Two Congressional Leaders and to mount his or pay tribute to Mr. Eitan Teitler, program chair- years later, on a journey to the former Soviet her artwork in a special corridor of the U.S. man of the annual Festival of Hope and Union, I joined Sam as we met with refuseniks Capitol along with winners from across the Peace, which celebrates Israel's independ- and worked to help Soviet Jews fighting for country. This year, first place went to Andres ence. their freedom under an oppressive regime. Rivera of Ridge High School. Second place The Talmud states that ``He who does char- Sam's work and that of countless others in the went to Lisa Genovese of Morris Hills High ity and justice is as if he had filled the whole Jewish community is directly responsible for School, who was also selected by Schering- world with kindness.'' In the spirit of such securing the right of Jews to emigrate from the Plough employees and attendees of the show words, innovative volunteers such as Eitan ac- former Soviet Union and for helping Israel to to receive the People's Choice Award. Steph- tively participate in delivering tremendous sup- resettle this mass exodus of people in a land anie Bryan of Ridge High School was awarded port, selflessly dedicating their time and en- where they can be free. third place. In addition, seven other submis- ergy to enriching our community. I can think of Finally, I have been fortunate to benefit from sions received honorable mention by the no better tribute to Eitan. Sam's wise counsel and support for almost judges, Young Lee, Sean Bono, Meredith After being raised in Israel and completing twenty years. He has been a true mentor to Klein, Mike Yang, Larissa Stec, Julie Jun, and his formal education, Eitan began his career me since I first sought to represent Western Il- through distinguished service in the Israeli linois in Congress, and as treasurer of my Larissa Schaffnit. army followed by 5 years of higher education campaign committee, has played a critical role Indeed, all of these young artists are win- in the Hebrew University School of Medicine. in every race I have run. Most of all, I am ners, and we should be proud of their achieve- Currently, Eitan serves on the board of B'nai proud to call Sam a friend, and look forward ments so early in life. B'rith/Shalom Lodge. He also serves as a to many more years of sharing his advice. CONGRESSIONAL RECORD — Extensions of Remarks E765 IN RECOGNITION OF THE DISTIN- As we observe the thirteenth anniversary of erans who served their country with honor GUISHED CAREER OF POLICE LT. the Chernobyl disaster, let us resolve to learn will sleep in doorways—in boxes—in alleys— BARRY ZALESNY from this tragedy and prevent it from hap- and on grates in our cities—and in barns— and lean-tos—and on the ground in rural pening again. America. This is a troubling and shameful HON. ROBERT W. NEY f image and a troubling and shameful reality. OF OHIO Since 1987, the Homeless Veterans Re- HONORING WILLIAM ‘‘BILL’’ G. integration Program (HVRP), a modest, IN THE HOUSE OF REPRESENTATIVES MALCOMSON cost-effective program designed to help Monday, April 26, 1999 homeless veterans reenter and succeed in the job market, has proven its worth. More than Mr. NEY. Mr. Speaker, I rise today in rec- HON. KEN BENTSEN 46,000 homeless veterans have received help ognition of the distinguished career of Lt. OF TEXAS and support from the community-based orga- Barry Zalesny. Lt. Zalesny has served the IN THE HOUSE OF REPRESENTATIVES nizations funded under HVRP, and many people of Bellaire for over four decades as a were placed in jobs at a cost of less than Monday, April 26, 1999 member of the city's police force. He will be $1,500 per veteran. Few government programs retiring from the police department on May Mr. BENTSEN. Mr. Speaker, I rise to honor can claim to have achieved so much with so William (Bill) G. Malcomson for his 38 years of little. first of this year. During his career, Lt. Zalesny At its fully authorized level of $10 million, has played a crucial role in the department as service in the Department of State. Bill will re- HVRP is profoundly underfunded—and the $5 well as the community. tire as Regional Director of the Houston Pass- million funding level included in the Admin- Mr. Speaker, it is a privilege for me to de- port Agency. istration budget, although a welcome in- clare my appreciation for Lt. Zalesny's commit- A native of Pittsburgh, Pennsylvania, Bill crease over past years, is woefully inad- ment to his community. It is a privilege to call Malcomson grew up in Morgantown, West Vir- equate. The Department of Labor estimates him a constituent. ginia and attended the University of West Vir- that $5 million will enable HVRP grantees to assist more than 6,000 veterans and actually f ginia. He began his career in the Department of State as a clerk-typist in the Processing place 3,500 homeless veterans in jobs. I ask 13TH ANNIVERSARY OF THE that you provide the maximum authoriza- Section of the Washington Passport Agency tion of $10 million for this program so that CHERNOBYL NUCLEAR DISASTER when passport books were printed on Addres- more than 7,000 veterans may return to eco- sograph machines. He then briefly worked in nomic self-sufficiency and independence. HON. SANDER M. LEVIN the Department's Operation Center decoding Mr. Chairman, the National Coalition for Homeless Veterans estimates that 550,000 OF MICHIGAN and transcribing incoming telegraphic mes- sages from overseas posts. veterans are homeless over the course of a IN THE HOUSE OF REPRESENTATIVES year. This, to me, is an absolutely staggering In 1962, Bill Malcomson was drafted into the Monday, April 26, 1999 and tragic statistic—and to limit funding to U.S. Army and spent two years at the White $10 million for the only program that focuses Mr. LEVIN. Mr. Speaker, thirteen years ago Sands Missile Range in New Mexico. Upon on employment of veterans who are homeless today, an innocuous experiment designed to completion of his military service and another makes no sense. Consequently, I introduced test the energy output of the No. 4 unit at the semester of college, Bill Malcomson returned legislation on Tuesday that would authorize Chernobyl nuclear facility in Northern Ukraine to the Department of State. $50 million for HVRP for each fiscal year precipitated the worst nuclear accident in his- His subsequent assignments, included Chief through 2004. The need is enormous—and the tory. The resulting explosions blew off a need is real. of the Special Issuance Section, Chief of the I know there are those who ask why we 2,000-ton metal plate that sealed the top of Official Travel Section, Operations Officer on can’t simply serve veterans along with other the reactor. The graphite core of the reactor the Field Coordination Staff, and Assistant Re- homeless populations. They want to know burned out of control for days, releasing more gional Director of the Washington Passport why we need veteran-specific programs. The than 100 tons of lethally radioactive material Agency. answer is rooted in the uniqueness of the into the environment. Not only has Bill Malcomson ably served his shared active-duty military experience—in The human cost of this disaster is mind country, but he is also involved in the commu- the discipline, sacrifice, and camaraderie as- numbing. It is unlikely we will ever know how sociated with military service. When they go nity. He is a member of the Greater Houston through basic training, young recruits many deaths can be directly attributed to Partnership and last year, he was Chairman of quickly learn that their lives could some day Chernobyl, but the figure is measured in the the Combined Federal Campaign. depend on the guy in the next bunk—and tens of thousands. Hundreds of thousands Mr. Speaker, I congratulate William (Bill) G. that they themselves may be responsible for more were subjected to radiation poisoning. Malcomson for his thirty-eight years of service the lives of their comrades. They learn that The resulting damage from the Chernobyl to our great nation. His contributions to the they must work together if they are to suc- disaster was greatly multiplied by the efforts of State Department and to all American citizens ceed in their mission—and they will succeed as a group only if each servicemember exer- the Soviet Union to cover up the incident. It who traveled abroad in one capacity or an- was nearly a week before the Soviet Union cises the self-discipline required to perform other will not be forgotten. responsibly. As a result of this training, provided the world with anything more than a f homeless veterans respond to, and trust few sketchy details concerning the accident. other veterans, and they succeed in pro- Rescue workers and firefighters were initially HELP FOR HOMELESS VETERANS grams that replicate the military structure. sent to the scene without protective gear. For I expect that the non-veteran homeless popu- nearly all of these individuals, this was a death lation might not benefit from the organiza- HON. BOB FILNER tion and discipline of veteran-specific home- sentence. The 40,000 inhabitants of the near- OF CALIFORNIA by city of Pripyat, located just two miles from less programs, but veterans do thrive in this IN THE HOUSE OF REPRESENTATIVES environment. Chernobyl, were largely kept in the dark about Monday, April 26, 1999 One of the key factors in the success of the accident. They were not evacuated for HVRP is the outreach to homeless veterans days. Today Pripyat is a ghost town. Mr. FILNER. Mr. Speaker, following is the that is most often done by formerly home- More than a decade later, the con- testimony I gave on April 22, 1999 to the Sub- less veterans. They are best able to reach out sequences of the Chernobyl accident continue committee on Labor, Health and Human Serv- to and convince homeless vets to seek serv- to plague Eastern Europe. Ukraine has been ices, and Education of the Committee on Ap- ices and assistance. They are best able to especially impacted. According to the World recognize the symptoms of post-traumatic propriations: stress disorder (PTSD) and arrange for the Health Organization, thyroid cancer among Thank you for the opportunity to testify necessary treatment. They are best able to children living near Chernobyl has risen to lev- this morning on behalf of the Homeless Vet- determine when their fellow veterans are els 80 times higher than normal. Vast tracts of erans Reintegration Program. ready to get a job—and to keep a job. And, what was once prime farm land remains dan- There is virtually no disagreement that perhaps most importantly, they are the best gerously contaminated and will remain so for one-third of the homeless men in this coun- possible role models for success. In a recent decades to come. The ten-story protective sar- try are veterans—and that approximately 58 conversation about the importance of vet- percent of those individuals are veterans of cophagus that was later built around the ruins eran-specific homeless programs, someone the Vietnam era. In my home town of San said to me—‘‘If one-third of the homeless of the reactor is in need of repair and replace- Diego, it is estimated that 40–50% of the men in this country spoke only Latin, would ment. The legacy of Chernobyl is a heavy bur- homeless served in our Armed Forces. This it make any sense for homeless providers to den for the people of Ukraine, and our country means, Mr. Chairman, that tonight in this speak to them only in English?’’ And the an- must do more to help. great country of ours, more than 275,000 vet- swer is—of course not! Veterans speak the E766 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 1999 same unique language, and they share the who continue to educate the world about the uranium mill operations just outside Moab, same unique experiences. The programs that tragedy of the Armenian Genocide and make Utah. Currently, this pile sits 750 feet from the are based on the principle of ‘‘vets helping valuable contributions to our shared American banks of the Colorado River, across the road vets’’ are most likely to succeed with home- less veterans. The Department of Labor is culture. Because of their efforts, the world will from the Arches National Park, and threatens currently funding HVRP programs ion New not be allowed to forget the memory of the to contaminate the drinking water supply of 25 York, Kentucky, Wisconsin, Texas, and Cali- victims of the first 20th Century holocaust. million people from Nevada, Arizona, and Cali- fornia—and I hope that the members of this f fornia. Subcommittee who represent those states In the 1950's the Atlas Corporation was will make a point of visiting their HVRP A TRIBUTE TO FRANK called upon to process uranium to meet the grantees and seeing their good work first PASQUERILLA defense and commercial fuel needs of the hand. United States. As a result, for decades these Mr. Chairman, I listened closely to the im- wastes have accumulated and today we have pressive testimony I heard from the vet- HON. JOHN P. MURTHA erans’ service organizations who testified be- OF PENNSYLVANIA a pile of low-level radioactive materials that fore the House Veterans Affairs Committee IN THE HOUSE OF REPRESENTATIVES sits just outside of Moab, Utah and at the over the past few months—and I sense an ur- gates of the Arches National Park, where hun- gently and frustration that I’ve not heard Monday, April 26, 1999 dreds of thousands of people visit each year. before. America’s veterans are telling us Mr. MURTHA. Mr. Speaker, it's with sad- This is not only an incredible eyesore that they have done more than their fair ness that I note the passing last week of Mr. among some of the most beautiful red rock share—and now they expect us to be their ad- Frank J. Pasquerilla of Johnstown, Pennsyl- cliffs in the country, but it poses a very signifi- vocates. They are reminding us that America vania. cant environmental risk. As water leaches is safe and free only because of the genera- through this heap of tailings, it flows into the tions of men and women who willingly en- Frank Pasquerilla was the perfect example dured the hardships and sacrifices required of the American Dream. Colorado River, is swept downstream where it to preserve our liberty. I urge you to dem- Growing up poor, through hard-work and contaminates the sole drinking source for tens onstrate your commitment to America’s vet- dedication he built a Fortune 500 Company. of millions of people in Nevada, Arizona, and erans and provide full funding for the Home- Recognizing the opportunity America had California. These radioactive wastes threaten less Veterans Reintegration Program and given him, he supported a wide range of eco- that delicate water supply and must be re- help bring homeless veterans home. nomic development, educational advance- moved and relocated to a safe, secure loca- f ment, and cultural activities. tion where neither public health and safety nor Frank made possible the Performing Arts environmental degradation can occur. 84TH COMMEMORATION OF Center at the University of Pittsburgh at Currently, the Nuclear Regulatory Commis- ARMENIAN GENOCIDE Johnstown, educational facilities at Notre sion has the responsibility for cleanup of this pile. Unfortunately, the NRC has determined SPEECH OF Dame, health care facilities at Georgetown University, and environmental opportunities that keeping this toxic mass in place is ade- HON. RODNEY P. FRELINGHUYSEN such as the Heritage Discovery Center in quate. This simply is not the case. My legisla- OF NEW JERSEY Cambria City. tion will transfer the jurisdiction from the NRC IN THE HOUSE OF REPRESENTATIVES Frank was someone who could work with to the Department of Energy, where remedi- Wednesday, April 21, 1999 people of all philosophies, all backgrounds, ation and relocation can begin. I urge my colleagues to join me in sup- Mr. FRELINGHUYSEN. Mr. Speaker, as the and all regions because he always kept in porting this sensible and conscientious legisla- horrors in Kosovo continue to unfold, we must mind what was best for the people, and be- tion. not forget the other horrible acts against hu- cause he always respected the needs of indi- f manity that preceded it. That is why it is im- viduals. portant today that we remember the Armenian Frank has been involved in every step of 84TH COMMEMORATION OF Genocide, and honor the memory of the 1.5 development in Johnstown for the last 40 ARMENIAN GENOCIDE million Armenians who died between 1915 and years, and because of him today we have a 1923. community with more people working than SPEECH OF The Armenian Genocide started in 1915, ever before in history, with cultural activities broader than at any time in history, and with HON. MARTIN T. MEEHAN when the Turkish government rounded up and OF MASSACHUSETTS a core of educational opportunities. killed Armenian soldiers. Then, on April 24, IN THE HOUSE OF REPRESENTATIVES 1915, the government turned its attention to A decade ago I was on an election over- Wednesday, April 21, 1999 slaughtering Armenian intellectuals. They were sight mission to Central America with then killed because of their ethnicity, the first group Notre Dame President Father Hesburgh. Mr. MEEHAN. Mr. Speaker, I rise to com- in the 20th Century killed not for what they When he found out I knew Frank he asked me memorate the 84th anniversary of the Arme- did, but for who they were. to intervene because Frank had given the uni- nian Genocide that took place this past week- By the time the bloodshed of the genocide versity a contribution for a new building, but end at points across the country. The events ended, the victims included the aged, women wouldn't let them name it for him. We called that took place between 1915 to 1923, when and children who had been forced from their him from the plane, and it took a great deal of 1.5 million Armenian men, women and chil- homes and marched to relocation camps, urging, but he finally consented to let the Uni- dren were systematically mistreated and killed, beaten and brutalized along the way. In addi- versity place his name on the building. represent one of the most dark and the most tion to the 1.5 million dead, over 500,000 Ar- Frank wasn't trying to build a name for him- devastating chapters in human history. Arme- menians were chased from their homeland. self, but rather to build a legacy for people to nians were tortured, had their property con- It is important that we make the time, every help improve their lives, as he'd been able to fiscated, and thousands died from malnutrition year, to remember the victims of the Armenian improve his. And he succeeded. and starvation during long, forced marches genocide. Given global events, that com- Frank Pasquerilla's life stands as a symbol from their homeland in Eastern Turkey. memoration seems more poignant now. We of what we can accomplish in America, and Tragically, the 20th century is now finishing hope that, by remembering the bloodshed and his memory is a reminder of the greatness of much like it started. The Armenian Genocide atrocities committed against the Armenians, an individual, and of our Nation. not only foreshadowed the nightmare of the we can prevent this kind of tragedy from re- f Nazi Holocaust, but now shows dangerous peating itself. Unfortunately, these events parallels to the situation unfolding in Kosovo. have again proven us wrong. RADIOACTIVE WASTE CLEAN-UP Like the Armenian before them, ethnic Alba- So, Mr. Speaker, we must continue to talk nians are struggling for their dignity and their about the Armenian genocide. We must keep HON. CHRIS CANNON lives. alive the memory of those who lost their lives OF UTAH That is why it is more critical than ever to during the eight years of bloodshed in Arme- IN THE HOUSE OF REPRESENTATIVES revisit history, to listen and learn from the Ar- nia. We must educate other nations who have menian experience, and to honor the victims Monday, April 26, 1999 not recognized that the Armenian genocide of the first genocide of this century. I am occurred. Above all, we must remain vigilant. Mr. CANNON. Mr. Speaker, today I rise to amazed that the Turkish government still re- Mr. Speaker, I commend Armenian-Ameri- introduce legislation to clean up a 10.5-million fuses to admit its involvement in the atrocities, cansÐthe survivors and their descendantsÐ ton pile of low-level radioactive waste from while at the same time our own government CONGRESSIONAL RECORD — Extensions of Remarks E767 has yet to acknowledge the full extent of the tomers from their distant network signals. Ad- and necessary in guaranteeing true competi- genocide that occurred. When a tragedy of ditionally, several other copyright restrictions tion between the satellite and cable industries, this magnitude takes place, it is our duty to still prevent the satellite industry from com- particularly as this legislation moves forward face all the uncomfortable truths and to ensure peting with the cable television industry on an towards a conference. that the story is not forgotten. even playing field. I also want to recognize the leadership and History holds valuable lessons for us as we The Copyright Act of 1976 bestowed on care that Senator ORRIN HATCH and Senator enter the new millennium. ``Who remembers cable television a permanent copyright com- PATRICK LEAHY, Chairman and Ranking Mem- the Armenian?'' asked Adolf Hitler as he un- pulsory license which enables that industry to ber of the Senate Committee on the Judiciary, leashed his wrath upon the Jews. This collec- rebroadcast network and superstation signals have paid to the development of this important tive amnesia proved devastating. Fortunately, to cable television viewers without requiring bill. We have worked together closely on its the answer is clear. We remember the Arme- cable operators to receive the authorization of provisions and I look forward to continuing our nians. We remember the suffering of their thousands of copyright owners who have an work together as our bills move toward com- people and will not allow their memories to exclusive right to authorize the exploitation of pletion. fade. their programs. The cable operators pay a set Let me make clear that this bill is a com- I proudly represent a large and vibrant Ar- fee for the right to retransmit and the monies promise, carefully balanced to ensure competi- menian community in my district in Massachu- collected are paid to the copyright owners tion. Many doubters thought our two commit- setts. Every year survivors of the Armenian through a distribution proceeding conducted tees could never work together to forge such Genocide and their descendants make public under the auspices of the United States Copy- a compromise. I believe it contains the bal- and vivid the hidden details of the Armenian right Office. ance necessary to allow this bill to become Genocide as they participate in commemora- In 1988, Congress granted a compulsory li- law this session and I urge all Members to tion ceremonies in Boston, Lowell, and other cense to the satellite industry. Although the support its passage. areas in the Merrimack Valley. These same cable and satellite compulsory licenses have Armenian-Americans have made great con- similarities, there are important differences SECTION-BY-SECTION tributions to society through a wide range of which I believe prevent satellite from becom- TITLE I—SATELLITE COMPETITION AND professions, and have significantly enriched ing a true competitor to cable. Technology has CONSUMER PROTECTION the cultural life of the 5th District. changed significantly since the cable and sat- Section 101. Short title Out of respect for them and for Armenians ellite compulsory licenses were created. Sat- The name of title I of the bill is the ‘‘Sat- all over the world, let us renew our commit- ellite carriers are starting to be able to bring ellite Copyright, Competition, and Consumer ment here today that the American people will local programming through their services to Protection Act of 1999.’’ oppose any and all instances of genocide. We viewers of that local market. The time has Section 102. Retransmission consent refuse to once again watch from afar, as the come to take a comprehensive look at the sat- Section 102 amends section 325 of the Com- ethnic cleansing and genocide that ravaged ellite compulsory license as it relates to the munications Act to provide that satellite the Armenians now plagues the people long-term viability and competitiveness of the carriers must in certain circumstances ob- Kosovo. Our unified voices and actions must satellite television industry. The satellite com- tain retransmission permission from a broad- be strong and unequivocal. Violence born out pulsory license is set to sunset in December caster before they can retransmit the signal of hatred and fear will never again be toler- of this year, and the Federal Communications of a network broadcast station. Like the re- gime applicable to the cable industry, net- ated. Commission has reported time and again that work broadcasters are afforded the option of f in areas where there is no competition to either granting retransmission consent, or cable, consumers are paying higher cable INTRODUCTION OF H.R. —, THE they may elect must-carry status as pro- rates. We must act for our constituents to level vided in section 103 of the bill. All satellite SATELLITE COPYRIGHT, COM- the playing field in a manner that will allow carriers that provide local service of tele- PETITION, AND CONSUMER PRO- both industries to flourish to the benefit of con- vision network stations must obtain either TECTION ACT OF 1999 sumers. retransmission consent of the local broad- To that end, the ``Satellite Copyright, Com- casters, or carry their signals under the HON. HOWARD COBLE petition, and Consumer Protection Act of must-carry provisions. Section 102 exempts carriage of certain OF NORTH CAROLINA 1999'' makes the following changes to the broadcast stations from the retransmission IN THE HOUSE OF REPRESENTATIVES Satellite Home Viewer Act: requirement. Retransmission consent does Monday, April 26, 1999 It reauthorizes the satellite compulsory li- not apply to noncommercial broadcasting cense for five years. stations, and superstations that existed as Mr. COBLE. Mr. Speaker, I am pleased to It allows new satellite customers who have superstations on May 1, 1991, were retrans- introduce H.R. Ð, the Satellite Copyright, received a network signal from a cable system mitted by satellite carriers under the section Competition, and Consumer Protection Act of within the past three months to sign up for sat- 119 satellite compulsory license as of July 1, 1999. This bill will improve the copyright com- ellite service for those signals. This is not al- 1998, and the retransmissions were in compli- pulsory license and the conditions of that li- lowed today. ance with FCC rules governing network non- cense for satellite carriers of copyrighted pro- It provides a discount for the copyright fees duplication, syndicated exclusivity and sports blackout. gramming contained on television broadcast paid by the satellite carriers. signals by applying to such carriers the same The retransmission consent exemption for It allows satellite carriers to retransmit a satellite-delivered distant network signals is opportunities and rules as their cable competi- local television station to households within eliminated 7 months after passage of the tors. This competitive parity will lead to in- that station's local market, just like cable does, Act. Elimination of this exemption will fos- creased exposure of copyrighted programming conditioned upon meeting requirements of the ter retransmission of local network stations to consumers who will pay lower prices for Communications Act. by satellite carriers by requiring satellite cable and satellite services which deliver pro- It allows satellite carriers to rebroadcast a carriers to obtain retransmission permission gramming to their homes. These lower prices national signal of the Public Broadcasting from the distant network stations they wish will result from the choices consumers will Service. to provide to their subscribers. have in choosing how they want their tele- It postpones the currently scheduled shut-off Section 102 also directs the Federal Com- munications Commission, within 45 days of vision programming delivered. Mr. Speaker, I of distant network service until the FCC devel- enactment, to commence a rulemaking pro- know I speak for many of the Members in this ops a new predictive model to more accurately ceeding to adopt regulations governing the House when I assert that creating competition determine who is entitled to receive distant exercise of retransmission rights for satellite in the video delivery market is the key to more network signals. retransmissions. In addition to establishing choice and lower prices for our constituents. I commend the work of Representative election periods for must-carry/retrans- This is a very dynamic time for the multi- BILLY TAUZIN, Chairman of the Commerce mission consent rights, the Commission is channel video marketplace, particularly for the Subcommittee on Telecommunications, Trade directed to establish regulations, effective satellite industry. The satellite copyright com- and Consumer Protection, and with Rep- until January 1, 2006, that prohibit broad- casters from engaging in discriminatory pulsory license is set to expire at the end of resentative TOM BLILEY, Chairman of the Com- practices, understandings, arrangements and this year at a time when the industry enjoys a mittee on Commerce, on those provisions of activities, including exclusive contracts for record number of subscribers. In the mean- this legislation complimentary to the copyright carriage, that prevent any multichannel time, a federal court decision threatens to dis- provisions. Their leadership and partnership video programming distributor from obtain- connect hundred of thousands of satellite cus- have been and will continue to be invaluable ing retransmission consent. E768 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 1999 Section 103. Must-carry for satellite carriers re- subscriber may submit a request to his/her Grade A contour of a network station shall transmitting television broadcast signals satellite carrier that a test be conducted as have his or her satellite service disconnected Section 103 of the bill creates must-carry the subscriber’s household. The party con- as a result of a finding of copyright infringe- obligations for satellite carriers retransmit- ducting the test shall be designated by the ment under Section 119 of the Copyright Act ting television broadcast signals, effective satellite carrier and the local broadcaster or, until the FCC has issued and implemented a on January 1, 2002. The provisions are simi- if they cannot agree, the FCC. The cost of a new predictive model under this Act. lar to those applicable to the cable industry. test will be borne by the satellite carrier and TITLE II—SECONDARY TRANSMISSIONS BY Any satellite carrier that retransmits a tele- the local broadcaster equally, and the sub- SATELLITE CARRIERS WITHIN LOCAL MARKETS vision broadcast signal to subscribers resid- scriber shall not have any responsibility for Section 201. Short title ing within the local market of that signal the cost. The name of title II of the bill is the ‘‘Sat- If a subscriber has installed satellite recep- must carry all the television stations in the ellite Copyright Compulsory License Im- tion equipment on a recreational vehicle, local market to subscribers residing in the provement Act.’’ that vehicle shall be exempt from a network local market. This approach of ‘‘carry one, Section 202. Limitations on exclusive rights; sec- then carry all’’ is subject to the retrans- broadcaster’s nonduplication protection rights if the subscriber provides a local ondary transmissions by satellite carriers mission consent election of section 102 of the within local markets bill. Thus, a satellite carrier does not have broadcaster seeking to enforce those rights Section 202 of the bill creates a new copy- to carry a local television broadcast station with verification of the motor vehicle reg- right compulsory license, found at section if the station elects retransmission consent istration, license, and proof of ownership of 122 of title 17 of the United States Code, for rather than must-carry. such vehicle. Recreational vehicles to not in- the retransmission of television broadcast Section 103 tracks the cable must-carry clude any residential manufactured homes. stations by satellite carriers to subscribers provisions of the 1992 Cable Act by relieving Not later than 2 years after enactment, the located within the local markets of those satellite carriers from the burden of having Commission shall conduct an inquiry to de- stations. In order to be eligible for this com- to carry more than one affiliate of the same termine whether the current Grade B signal pulsory license, a satellite carrier must be in network if both of the affiliates are located intensity standard is adequate to measure full compliance with all applicable rules and in the same local market. Local broadcasters subscribers’ ability to receive an acceptable regulations of the Federal Communications are also afforded some channel positioning over-the-air television broadcast signal. In Commission, including any must-carry obli- rights and are required to provide a good conducting this inquiry, the Commission will gations imposed upon the satellite carrier by quality signal to the satellite carrier’s local consider the number of subscribers request- the Commission or by law. receive facility in order to assert must-carry ing waivers, the number of denials, the num- ber of tests requested and their results, the Because the copyrighted programming rights. Satellite carriers are forbidden from contained on local broadcast programming is obtaining compensation from local broad- results of any consumer research study un- dertaken to carry out the purpose of section already licensed with the expectation that casters in exchange for carriage. Section 103 all viewers in the local market will be able also provides a means for broadcasters to 104 of the bill, and the extent to which con- sumers are not legally entitled to install to view the programming, the new section seek redress from the Federal Communica- 122 license is a royalty-free license. Satellite tions Commission for violations of the must- broadcast reception devices assumed in the Commission’s signal standard. The Commis- carriers must, however, provide local broad- carry obligations. casters with lists of their subscribers receiv- The Federal Communications Commission sion will report the findings of its inquiry to ing local stations so that broadcasters may is directed to adopt regulations within 6 Congress not later than the end of the 2-year verify that satellite carriers are making months of enactment of the legislation to period and shall complete any action nec- proper use of the license. The subscriber in- implement the must-carry obligations for essary to revise the Grade B signal intensity formation supplied to broadcasters is for satellite. standard and the predictive model. verification purposes only, and may not be Section 104. Nonduplication of programming Section 105. Consent of membership to retrans- mission of public Broadcasting Service sat- used by broadcasters for other reasons. broadcast by local stations Satellite carriers are liable for copyright ellite feed Section 104 of the bill directs the Federal infringement, and subject to the full rem- Communications Commission, within 45 days Section 105 amends the Communications edies of the Copyright Act, if they violate of enactment, to commence rulemaking pro- Act to require the Public Broadcasting Serv- one or more of the following requirements of ceedings to adopt network nonduplication, ice to certify on an annual basis to the Cor- the section 122 license. First, satellite car- syndicated exclusivity and sports blackout poration for Public Broadcasting that the riers may not in any way willfully alter the rules applicable to satellite retransmission majority of its membership supports, or does programming contained on a local broadcast of television broadcast signals. To the extent not support, the retransmission by satellite station. possible, the Commission shall model its new carriers of the Public Broadcasting Service Second, satellite carriers may not use the regulations after those that currently apply satellite feed. The Public Broadcasting Serv- section 122 license to retransmit a television to the cable industry. ice is required to provide notice of the cer- broadcast station to a subscriber located The bill sets forth express network non- tification to each satellite carrier re- outside the local market of the station. If a duplication provisions that will solve the transmitting the satellite feed. carrier willfully or repeatedly violates this problems associated with satellite delivery Section 106. Definitions limitation on a nationwide basis, then the of network signals and the recent shut-offs Section 106 amend the Communications carrier may be enjoined from retransmitting of network signals that have occurred as the Act to provide definitions of a ‘‘local mar- that signal. If the broadcast station involved result of federal court injunctions. This is ket,’’ ‘‘satellite carrier,’’ and ‘‘television is a network station, then the carrier could accomplished through improvement of the network/television network station’’ for pur- lose the right to retransmit any network signal intensity standard and predictive poses of the amendments made by the bill. stations. If the willful or repeated violation model, and creation of a system that allows Section 107. Completion of biennial regulatory of the restriction is performed on a local or subscribers who do not receive an adequate review regional basis, then the right to retransmit over-the-air signal from a network broad- Within 6 months of the date of enactment, the station (or, if a network station, then all caster to obtain a waiver to receive satellite the FCC is directed to complete its biennial networks) can be enjoined on a local or re- service of that network. review required by section 202(h) of the Tele- gional basis, depending upon the cir- The bill establishes that the current over- communications Act of 1996. cumstances. In addition to termination of the-air signal intensity standard is the service on a nationwide or local or regional Section 108. Result of loss of network service Grade B standard identified in the FCC’s basis, statutory damages are available up to rules. Within 6 months of enactment, the Section 108 provides that until the FCC im- $250,000 for each 6-month period during which Commission is directed to develop and pre- plements its new regulations governing net- the pattern or practice of violations was car- scribe by rule a point-to-point predictive work nonduplication protection for broad- ried out. Satellite carriers have the burden model for reliably and presumptively deter- casters against satellite carriers, if a sat- of proving that they are not improperly mining the ability of individual locations to ellite subscriber has lost his/her network making use of the section 122 license to serve receive an over-the-air signal of Grade B in- service as a result of the provisions of sec- subscribers outside the local markets of the tensity. Such predictive model will take into tion 119 of the Copyright Act, the satellite television broadcast stations they are pro- account terrain, building structures, and carrier terminating such service must, upon viding. other land cover variations. request of the subscriber, provide the sub- The section 122 license is not limited to For those subscribers targeted by the pre- scriber free-of-charge an over-the-air tele- private home viewing, as is the section 119 dictive model as receiving an adequate over- vision broadcast receiving antenna that will compulsory license, so that satellite carriers the-air signal, but do not, there are two provide the subscriber with an over-the-air may make use of it to serve commercial es- forms of relief. First, the subscriber may re- signal of grade B intensity for those network tablishments as well as homes. The local quest a waiver from the local network broad- stations that were terminated as a result of market of a television broadcast station for caster to receive satellite-delivered network section 119. purposes of the section 122 license will be de- service. The local broadcaster is given 30 Section 109. Interim provisions fined by the Federal Communications Com- days to issue a waiver or reject the request. Section 109 provides that no subscriber of mission as part of its broadcast carriage If the station rejects the request, then the satellite service who lives outside of the rules for satellite carriers. CONGRESSIONAL RECORD — Extensions of Remarks E769 Section 203. Extension of effect of amendments that satellite carriers’ eligibility for the li- their video programming distributor offer a to section 119 of title 17, United States Code cense is contingent upon their full compli- wide array of programming at a reasonable Section 203 of the bill extends the expira- ance with all Federal Communications Com- cost, and with exceptional picture quality. tion date of the current section 119 satellite mission rules governing carriage of tele- compulsory license from December 31, 1999, vision broadcast signals. Today, however, there are some limitations to December 31, 2004. Section 208. Study on the ability of satellite carriers to meet con- sumer demand. These limitations put satellite Section 204. Computation of royalty fees for sat- Section 208 provides that the Copyright Of- ellite carriers fice and the NTIA shall jointly study the carriers at a competitive disadvantage to in- Section 204 of the bill reduces the 27-cent proliferation of local-to-local service to cumbent cable operators. The main limitation royalty fee adopted last year by the Librar- smaller markets. on satellite providers is the inherent difficulties ian of Congress for the retransmission of net- Section 209. Effective date in providing local broadcast programming via work and superstation signals by satellite The amendments made by the bill take ef- satellite. Even though broadcasters are experi- carriers under the section 119 license. The 27- fect on July 1, 1999, the first day of a new encing a dramatic reduction in overall audi- cent rate for superstations is reduced by 30 copyright accounting period for satellite car- ence share compared to just a few years ago, percent per subscriber per month, and the 27- riers, except the amendments made by sec- the overwhelming number of consumers want cent rate for network stations is reduced by tion 205 and 208 which take effect upon date local broadcast programming. Consumer sur- 45 percent per subscriber per month. of enactment. veys conclude that the lack of local broadcast In addition, section 119(c) of title 17 is amended to clarify that in royalty distribu- f programming is the number one reason some tion proceedings conducted under section 802 consumers are unwilling to subscribe to sat- INTRODUCTION OF H.R.—, THE of the Copyright Act, the Public Broad- ellite service. SATELLITE COPYRIGHT, COM- casting Service may act as agent for all pub- The bill Mr. COBLE and I are introducing lic television copyright claimants and all PETITION, AND CONSUMER PRO- TECTION ACT today is designed to put satellite on competi- Public Broadcasting Service member sta- tive equal footing with cable. The bill provides tions. for a compulsory license to retransmit local Section 205. Public Broadcasting Service sat- HON. W.J. (BILLY) TAUZIN broadcast programming, and ensures carriage ellite feed; definitions OF LOUISIANA for local broadcast stations through retrans- Section 205 of the bill amends the section IN THE HOUSE OF REPRESENTATIVES mission consent/must-carry elections. The bill 119 satellite compulsory license for retrans- mission of distant signals by providing that Monday, April 26, 1999 also provides for network non-duplication, syn- dicated exclusivity, and sports blackout protec- satellite carriers may deliver the national Mr. TAUZIN. Mr. Speaker, the gentleman tions. satellite feed of the Public Broadcasting from North Carolina, Mr. COBLE and I are in- Service under the section 119 license. PBS troducing the Satellite Copyright, Competition, Mr. Speaker, this bill combines the tele- will supply its national feed to satellite car- and Consumer Protection Act. The bill rep- communications provisions of H.R. 851, the riers in lieu of the signals of its affiliates, as Save Our Satellites Act of 1999 (as reported), long as PBS certifies to the Corporation for resents the combined work of the House Com- and the copyright provisions of H.R. 1027, the Public Broadcasting on an annual basis, as mittee on commerce and the House Com- provided in section 105 of the bill, that the mittee on the Judiciary. Satellite Television Improvement Act (as re- affiliates support the national feed. Such I am pleased to report that, through hard ported). The legislative history of this bill can certification is not required until satellite work and difficult consideration, we are able to therefore be found in the applicable portions of carriers provide their subscribers with local present the House an agreement on changes the reports filed by our two Committees (i.e., PBS affiliates, or two years from date of en- to telecommunications and copyright law in H. Rep. 106±79 for Title I, and H. Rep. 106± actment, whichever is earlier. order to provide the American consumer with 86 for Title II). Section 206. Distant signal retransmissions a stronger, more viable competitor to their in- Mr. Speaker, let me thank the hard work of Section 206 of the bill amends the section cumbent cable operator. This legislation will the large group of Members that had a role in 119 satellite compulsory license for the re- enact comprehensive reforms to the offering of bringing this new bill to introduction: Chairman transmission of distant signals by removing satellite television service. I expect that the re- BLILEY, Ranking Member DINGELL and Sub- the ‘‘Unserved household’’ restriction from the Copyright Act. Instead of the ‘‘unserved forms contained in this bill will have a dramatic committee Ranking Member MARKEY from the household’’ use of the section 119 license by and beneficial effect on the multichannel video Commerce Committee; and Chairman HYDE, satellite carriers is contingent upon compli- programming marketplace for years to come. Subcommittee Chair COBLE, Ranking Member ance with the FCC’s nonduplication rules for Consumers today expect more from their CONYERS and Subcommittee Ranking Member satellite prescribed in section 104 of the bill. video programming providers, whether it be BERMAN from the Judiciary Committee. This is Section 207. Application of Federal Communica- their cable company, their satellite company, a bi-partisan, bi-committee approach to a very tions Commission regulations their broadcaster or other distributorsÐinclud- important legislative bill. I am pleased that we Section 207 of the bill amends the section ing the Internet. Consumers are very savvy, were all able to work together and bring this 119 satellite compulsory license to clarify and they now expectÐindeed, demandÐthat compromise to the House. E770 CONGRESSIONAL RECORD — Extensions of Remarks April 26, 1999 SENATE COMMITTEE MEETINGS 10 a.m. 10 a.m. Foreign Relations Governmental Affairs Title IV of Senate Resolution 4, Western Hemisphere, Peace Corps, Nar- To hold hearings on the nomination of agreed to by the Senate on February 4, cotics and Terrorism Subcommittee Myrta K. Sale, of Maryland, to be Con- 1977, calls for establishment of a sys- To hold hearings on issues relating to troller, Office of Federal Financial tem for a computerized schedule of all state democracy and the rule of law in Management, Office of Management meetings and hearings of Senate com- the Americas. and Budget; and the nomination of mittees, subcommittees, joint commit- SD–562 John T. Spotila, of New Jersey, to be Appropriations Administrator of the Office of Informa- tees, and committees of conference. Defense Subcommittee tion and Regulatory Affairs, Office of This title requires all such committees To hold hearings on proposed budget es- Management and Budget. to notify the Office of the Senate Daily timates for fiscal year 2000 for the Na- Digest—designated by the Rules com- tional Guard Bureau. SD–342 Finance mittee—of the time, place, and purpose SD–192 Finance To hold hearings on the implementation of the meetings, when scheduled, and of the State Children’s Health Insur- any cancellations or changes in the To hold hearings to examine the context and evolution of Medicare. ance Program. meetings as they occur. SD–215 SD–215 As an additional procedure along 10:30 a.m. Judiciary with the computerization of this infor- Judiciary Business meeting to consider pending mation, the Office of the Senate Daily To hold hearings on hate crime issues. calendar business. Digest will prepare this information for SD–226 SD–226 printing in the Extensions of Remarks 2 p.m. Foreign Relations Intelligence International Economic Policy, Export and section of the CONGRESSIONAL RECORD To hold closed hearings on pending intel- Trade Promotion Subcommittee on Monday and Wednesday of each ligence matters. To hold hearings to examine the impact week. SH–219 of international software piracy on the Meetings scheduled for Tuesday, Energy and Natural Resources software industry and the American April 27, 1999 may be found in the Daily Forests and Public Land Management Sub- economy. committee SD–562 Digest of today’s RECORD. To hold hearings on S. 607, reauthorize Commerce, Science, and Transportation and amend the National Geologic Map- Science, Technology, and Space Sub- MEETINGS SCHEDULED ping Act of 1992; S. 415, to protect the permanent trust funds of the State of committee To hold hearings on the President’s pro- APRIL 28 Arizona from erosion due to inflation and modify the basis on which distribu- posed budget request for fiscal year 9:30 a.m. tions are made from those funds; and S. 2000 for the National Aeronautics and Energy and Natural Resources 416, to direct the Secretary of Agri- Space Administration. To resume closed hearings on the damage culture to convey the city of Sisters, SR–253 to the national security from Chinese Oregon, a certain parcel of land for use Health, Education, Labor, and Pensions espionage at the Department of Energy in connection with a sewage treatment To resume hearings on issues relating to nuclear weapons laboratories. facility. the Elementary Secondary Education S–407, Capitol SD–366 Act. Indian Affairs 2:30 p.m. SD–628 To hold oversight hearings on Bureau of Governmental Affairs 10:30 a.m. Indian Affairs capacity and mission. International Security, Proliferation and Appropriations SR–485 Federal Services Subcommittee Foreign Operations Subcommittee Judiciary To hold hearings on the future of the To hold hearings on proposed budget es- To resume hearings on S.J. Res.14, pro- ABM Treaty. timates for fiscal year 2000 for the posing an amendment to the Constitu- SD–342 United States Agency for International tion of the United States authorizing Environment and Public Works Development. Congress to prohibit the physical dese- To hold hearings on the nomination of SD–124 cration of the flag of the United States. George T. Frampton, Jr., of the Dis- 2 p.m. SD–226 trict of Columbia, to be a Member of Health, Education, Labor, and Pensions the Council on Environmental Quality. Intelligence Business meeting to consider S. 385, to SD–406 To hold closed hearings on pending intel- amend the Occupational Safety and ligence matters. Health Act of 1970 to further improve APRIL 29 SH–219 Banking, Housing, and Urban Affairs the safety and health of working envi- 9:30 a.m. ronments; the nomination of Joseph Year 2000 Technology Problem Housing and Transportation Subcommittee Bordogna, of Pennsylvania, to be Dep- To hold hearings to examine 911 and pub- To hold oversight hearings on the De- uty Director of the National Science lic service access points. partment of Housing and Urban Foundation; the nomination of Ken- SD–192 Developmment’s Grants Management neth M. Bresnahan, of Virginia, to be Appropriations System. Chief Financial Officer, Department of Interior Subcommittee, Energy and Nat- SD–538 Labor; the nomination of Lorraine ural Resources, National Parks, His- 2:30 p.m. Pratte Lewis, of the District of Colum- toric Preservation, and Recreation Foreign Relations bia, to be Inspector General, Depart- Subcommittee Near Eastern and South Asian Affairs Sub- ment of Education; the nomination of To hold joint oversight hearings to re- committee Arthur J. Naparstek, of Ohio, to be a view the report of the Government Ac- To hold hearings to examine political Member of the Board of Directors of counting Office on the Everglades Na- and military developments in India. the Corporation for National and Com- tional Park Restoration Project. SD–562 munity Service; the nomination of SD–366 Ruth Y. Tamura, of Hawaii, to be a Appropriations APRIL 30 Member of the National Museum Serv- VA, HUD, and Independent Agencies Sub- 10 a.m. ices Board; the nomination of Chang- committee Health, Education, Labor, and Pensions Lin Tien, of California, to be a Member To hold hearings on proposed budget es- Aging Subcommittee of the National Science Board, Na- timates for fiscal year 2000 for the En- To hold hearings on issues relating to tional Science Foundation; and the vironmental Protection Agency, and the Older Americans Act. nomination of Gary L. Visscher, of the Council on Environmental Quality. Maryland, to be a Member of the Occu- SD–138 SD–628 pational Safety and Health Review Environment and Public Works Commission. Transportation and Infrastructure Sub- MAY 3 SD–628 committee 2 p.m. Rules and Administration To hold hearings on project delivery and Judiciary To hold oversight hearings on the oper- streamlining of the Transportation Eq- To hold hearings to examine youth vio- ations of the Architect of the Capitol. uity Act for the 21st Century. lence issues. SR–301 SD–406 SD–226 CONGRESSIONAL RECORD — Extensions of Remarks E771 3:30 p.m. MAY 5 MAY 12 Governmental Affairs 9:30 a.m. 9:30 a.m. Oversight of Government Management, Re- Energy and Natural Resources Indian Affairs structuring and the District of Colum- Business meeting to consider pending To hold oversight hearings on HUBzones bia Subcommittee calendar business. implementation. To hold hearings on management reform SD–366 SR–485 issues in the District of Columbia. Commerce, Science, and Transportation SD–342 Business meeting to markup pending cal- MAY 13 endar business. 9:30 a.m. MAY 4 SR–253 Energy and Natural Resources 9:30 a.m. Indian Affairs To hold hearings on S. 698, to review the Indian Affairs To hold oversight hearings on Tribal Pri- suitability and feasibility of recovering To hold oversight hearings on Census ority Allocations and Contract Support costs of high altitude rescues at Denali 2000, implementation in Indian Coun- Costs Report. National Park and Preserve in the try. SR–485 state of Alaska; S. 711, to allow for the SR–485 10 a.m. investment of joint Federal and State Energy and Natural Resources Governmental Affairs funds from the civil settlement of dam- To resume hearings on S. 25, to provide To hold hearings on the current state of ages from the Exxon Valdez oil spill; Coastal Impact Assistance to State and Federal and State relations. and S. 748, to improve Native hiring local governments, to amend the Outer SD–342 and contracting by the Federal Govern- Continental Shelf Lands Act Amend- ment within the State of Alaska. ments of 1978, the Land and Water Con- MAY 6 SD–366 servation Fund Act of 1965, the Urban 9:30 a.m. Park and Recreation Recovery Act, Energy and Natural Resources MAY 19 and the Federal Aid in Wildlife Res- To hold hearings to examine the results 9:30 a.m. toration Act (commonly referred to as of the December 1998 plebiscite on Indian Affairs the Pittman-Robertson Act) to estab- Puerto Rico. To hold hearings on S. 614, to provide for lish a fund to meet the outdoor con- SH–216 regulatory reform in order to encour- servation and recreation needs of the Governmental Affairs age investment, business, and eco- American people; S. 532, to provide in- To hold hearings on Federalism and nomic development with respect to ac- creased funding for the Land and Water crime control, focusing on the increas- tivities conducted on Indian lands; and Conservation Fund and Urban Parks ing Federalization of criminal law and S. 613, to encourage Indian economic and Recreation Recovery Programs, to its impact on crime control and the development, to provide for the disclo- resume the funding of the State grants criminal justice system. sure of Indian tribal sovereign immu- program of the Land and Water Con- SD–342 nity in contracts involving Indian servation Fund, and to provide for the tribes, and for other purposes. acquisition and development of con- MAY 11 SR–485 servation and recreation facilities and 10:30 a.m. programs in urban areas; S. 446, to pro- Governmental Affairs SEPTEMBER 28 vide for the permanent protection of Oversight of Government Management, Re- 9:30 a.m. the resources of the United States in structuring and the District of Colum- Veterans’ Affairs the year 2000 and beyond; and S. 819, to bia Subcommittee To hold joint hearings with the House provide funding for the National Park To hold hearings on multiple program Committee on Veterans’ Affairs to re- System from outer Continental Shelf coordination in early childhood edu- view the legislative recommendations revenues. cation. of the American Legion. SD–366 SD–342 345 Cannon Building Monday, April 26, 1999 Daily Digest Senate Chamber Action Notices of Hearings: Page S4209 Authority for Committees: Page S4209 Routine Proceedings, pages S4147–S4211 Additional Statements: Pages S4210±11 Measures Introduced: Seven bills and two resolu- tions were introduced, as follows: S. 874–880, and Record Votes: One record vote was taken today. S. Res. 84–85. Pages S4184±85 (Total—91) Page S4168 Y2K Act: Senate continued consideration of the mo- Adjournment: Senate convened at 1 p.m., and ad- tion to proceed to the consideration of S. 96, to reg- journed at 6:05 p.m., until 10 a.m., on Tuesday, ulate commerce between and among the several April 27, 1999. (For Senate’s program, see the re- States by providing for the orderly resolution of dis- marks of the Majority Leader in today’s Record on putes arising out of computer-based problems related page S4211.) to processing data that includes a 2-digit expression of that year’s date. Pages S4160±68 During consideration of this measure today, Senate Committee Meetings also took the following action: (Committees not listed did not meet) By a unanimous vote of 94 yeas (Vote No. 91), three-fifths of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to ASSISTED LIVING INDUSTRY close further debate on the motion to proceed to the Special Committee on Aging: Committee concluded consideration of the bill. Page S4168 hearings to examine the state of the growing assisted A unanimous-consent agreement was reached pro- living industry, focusing on consumer protections viding for the consideration of S. 96 (listed above), and quality of care in assisted living, after receiving at 11:30 a.m., on Tuesday, April 27, 1999. testimony from Kathryn G. Allen, Associate Direc- Page S4168 tor, Health Financing and Public Health Issues, Appointments: Health, Education, and Human Services Division, General Accounting Office; Catherine Hawes, Ohio Senate National Security Working Group: The State Department of Health and Human Services, Chair announced, on behalf of the Majority Leader, Columbus; Robert L. Mollica, National Academy for pursuant to the provisions of S. Res. 105 (adopted State Health Policy, Portland, Maine; Cindy April 13, 1989), as amended by S. Res. 149 (adopt- Hannum, Senior and Disabled Services Division, Or- ed October 5, 1993), as amended by Public Law egon State Department of Human Resources, Salem; 105–275, and further amended by S. Res. 75 (adopt- Philip J. Downey, Marriott Senior Living Services, ed March 25, 1999), the appointment of the fol- Bethesda, Maryland, on behalf of the American Sen- lowing Senators to serve as members of the Senate iors Housing Association; Dean Painter, Eaton Ter- National Security Working Group: Senators Cochran race Group, Lakewood, Colorado, on behalf of the (Majority Administrative Cochairman), Stevens (Ma- American Association of Homes and Services for the jority Cochairman), Kyl (Majority Cochairman), Aging; William F. Lasky, Alternative Living Serv- Helms, Lugar, Warner, Inhofe, and Enzi. Page S4168 ices, Brookfield, Wisconsin, on behalf of the Assisted Communications: Page S4184 Living Federation of America; Robert Lohr, Peridot Statements on Introduced Bills: Pages S4185±91 Enterprises, Inc., Pittsburgh, Pennsylvania, on behalf of the National Center for Assisted Living; Patricia Additional Cosponsors: Pages S4191±92 Fleischmann Johnson, Largo, Florida; and Collette Amendments Submitted: Pages S4193±S4209 Appolito, Cleveland, Ohio.

D433 D434 CONGRESSIONAL RECORD — DAILY DIGEST April 26, 1999 House of Representatives Chamber Action COMMITTEE MEETINGS FOR TUESDAY, APRIL 27, 1999 Bills Introduced: 15 public bills, H.R. 1550–1564; and 3 resolutions, H. Res. 148–150, were intro- (Committee meetings are open unless otherwise indicated) duced. Page H2304 Senate Reports Filed: Reports were filed as follows: Committee on Appropriations, Subcommittee on Agri- H.R. 683, to facilitate the recruitment of tem- culture, Rural Development, and Related Agencies, to porary employees to assist in the conduct of the hold hearings to examine the United States Department 2000 decennial census of population amended (H. of Agriculture nutrition assistance programs and pro- Rept. 106–104); and grams and activities of the Food and Drug Administra- H.R. 1058, to promote greater public participa- tion, 9:30 a.m., SD–138. tion in decennial censuses by providing for the ex- Full Committee, to hold hearings on funding issues re- lating to military operations in Kosovo, 10 a.m., pansion of the educational program commonly re- SD–192. ferred to as the ‘‘Census in Schools Project’’ (H. Committee on Armed Services, to hold hearings on the Rept. 106–105). Pages H2303±04 nomination of Lawrence J. Delaney, of Maryland, to be Speaker Pro Tempore: Read a letter from the an Assistant Secretary of the Air Force; and the nomina- Speaker wherein he designated Representative tion of Brian E. Sheridan, of Virginia, to be an Assistant Nethercutt to act as Speaker pro tempore for today. Secretary of Defense, 9:30 a.m., SR–222. Subcommittee on Emerging Threats and Capabilities, Page H2301 to hold hearings on the threat of international narcotics- United States Capitol Preservation Commission: trafficking and the role of the Department of Defense in The Chair announced the Speaker’s appointment of the nation’s war on drugs, 2:30 p.m., SR–222. Representatives Taylor of North Carolina and Franks Committee on Commerce, Science, and Transportation, to to the United States Capitol Preservation Commis- hold hearings on effectiveness of the Office of Motor Car- rier and Truck Safety, Department of Transportation, sion. Page H2301 9:30 a.m., SR–253. Senate Messages: Message received from the Senate Committee on Energy and Natural Resources, to resume appears on page H2301. hearings on S. 25, to provide Coastal Impact Assistance to State and local government, to amend the Outer Con- Referrals: S. 574 was referred to the Committee on tinental Shelf Lands Act Amendments of 1978, the Land Resources and S. Con. Res. 29 was referred to the and Water Conservation Fund Act of 1965, the Urban Committee on Transportation and Infrastructure. Park and Recreation Recovery Act, and the Federal Aid Page H2302 in Wildlife Restoration Act (commonly referred to as the Quorum Calls—Votes: No quorum calls or re- Pittman-Robertson Act) to establish a fund to meet the outdoor conservation and recreation needs of the Amer- corded votes developed during the proceedings of the ican people; S. 532, to provide increased funding for the House today. Land and Water Conservation Fund and Urban Parks and Adjournment: The House met at 2:00 p.m. and ad- Recreation Recovery Programs, to resume the funding of journed at 2:06 p.m. the State grants program of the Land and Water Con- servation Fund, and to provide for the acquisition and de- velopment of conservation and recreation facilities and Committee Meetings programs in urban areas; S. 446, to provide for the per- manent protection of the resources of the United States in the year 2000 and beyond; and S. 819, to provide NATURAL RESOURCES CONSERVATION— funding for the National Park System from outer Conti- MAJOR CONTRIBUTIONS MADE BY nental Shelf revenues, 9:30 a.m., SD–366. BUSINESSES Committee on Finance, to hold hearings to examine rev- Committee on Small Business: On April 23, the Sub- enue raising proposals as contained in the administrations committee on Government Programs and Oversight held fiscal year 2000 budget, 10 a.m., SD–215. a hearing on the continuing need to conserve natural re- Committee on Foreign Relations, to hold hearings on non- sources because of their limited nature, focusing on the proliferation, arms control and political military issues, major contributions made by businesses both large and 2:30 p.m., SD–562. small to conservation and a healthy environment through Committee on Health, Education, Labor, and Pensions, to science and technology. Testimony was heard from public hold hearings to examine medical records privacy issues, witnesses. 9:30 a.m., SD–628. April 26, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D435

Committee on the Judiciary, business meeting to consider venile Offenders Act of 1999; H.R. 755, Year 2000 S. 625, to amend title 11, United States Code; S.J. Res. Readiness and Responsibility Act; and H.J. Res. 33, pro- 14, proposing an amendment to the Constitution of the posing an amendment to the Constitution of the United United States authorizing Congress to prohibit the phys- States authorizing the Congress to prohibit the physical ical desecration of the flag of the United States; and S. desecration of the flag of the United States, 10 a.m., 704, to amend title 18, United States Code, to combat 2141 Rayburn. the overutilization of prison health care services and con- Committee on Resources, Subcommittee on Forests and trol rising prisoner health care costs, 10 a.m., SD–226. Forest Health, to mark up the following measures: H.R. Subcommittee on Immigration, to hold hearings on the 359, Emigrant Wilderness Preservation Act of 1999; need for additional border patrol at the northern and H.R. 898, Spanish Peaks Wilderness Act of 1999; H.R. southern borders, 2:15 p.m., SD–226. 1522, Community Protection and Hazardous Fuels Re- duction Act; H.R. 1523, Forests Roads-Community House Right-To-Know Act; and H.R. 1524, Public Forests Committee on Appropriations, Subcommittee on Labor, Emergency Act of 1999, 2 p.m., 1334 Longworth. Health and Human Services, and Education, on SSA, 10 Subcommittee on National Parks and Public Lands, a.m., and on Department of Education; Postsecondary oversight hearing on issues regarding Everglades National Education; and Occupational Safety and Health Review Park and surrounding areas impacted by management of Commission, 2 p.m., 2358 Rayburn. the Everglades, 10 a.m., 1324 Longworth. Committee on Commerce, Subcommittee on Health and Committee on Rules, to consider the following: H. Con. Environment and the Subcommittee on Oversight and In- Res. 82, directing the President, pursuant to section 5(c) vestigations, joint hearing on Y2K and Medicare Pro- of the War Powers Resolution, to remove United States viders: Inoculating Against the Y2K Bug, 1 p.m., 2123 Armed Forces from their positions in connection with the Rayburn. present operations against the Federal Republic of Yugo- Committee on Education and the Workforce, hearing on slavia; and H.R. 1480, Water Resources Development Minimum Wage: Reviewing Recent Evidence of Its Im- Act of 1999, 7 p.m., H–313 Capitol. pact on Poverty, 1 p.m., 2175 Rayburn. Committee on Small Business, Subcommittee on Rural En- Committee on International Relations, to continue markup terprises, Business Opportunities and Special Business of H. Con. Res. 82, directing the President, pursuant to Problems, hearing on H.R. 957, Farm and Ranch Risk section 5(c) of the War Powers Resolution, to remove Management Act, 2 p.m., 2360 Rayburn. United States Armed Forces from their positions in con- Committee on Ways and Means, Subcommittee on nection with the present operations against the Federal Human Resources, hearing on Fatherhood, 2 p.m., B–138 Republic of Yugoslavia; and to mark up H.J. Res. 44, Rayburn. declaring a state of war between the United States and the Government of the Federal Republic of Yugoslavia, Joint Meetings 2 p.m., 2172 Rayburn. Commission on Security and Cooperation in Europe, to hold Committee on the Judiciary, to continue markup of H.R. joint hearings on Belarus, 10 a.m., 340 Cannon Building. 833, Bankruptcy Reform Act of 1999; and to mark up Joint Committee on Printing, to hold an organizational the following measures: H.R. 1501, Consequences for Ju- meeting, 3 p.m., H–163, Capitol. D436 CONGRESSIONAL RECORD — DAILY DIGEST April 26, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, April 27 12:30 p.m., Tuesday, April 27

Senate Chamber House Chamber Program for Tuesday: After the recognition of three Program for Tuesday: Consideration of Suspensions: Senators for speeches and the transaction of any morning (1) H.R. 1554, Satellite Home Viewer Act; business (not to extend beyond 11:30 a.m.), Senate will (2) H.R. 1034, to declare a portion of the James River begin consideration of S. 96, Y2K Act. and Kanawha Canal in Richmond, Virginia, to be non- (Senate will recess at 12:30 p.m. until 2:15 p.m. for their navigable waters; and respective party conferences.) (3) H. Res. 148, expressing the Sense of the House of Representatives with respect to the tragic shooting at Columbine High School in Littleton.

Extensions of Remarks, as inserted in this issue

HOUSE Collins, Mac, Ga., E763 Meehan, Martin T., Mass., E766 Evans, Lane, Ill., E764 Murtha, John P., Pa., E764, E766 Bentsen, Ken, Tex., E763, E765 Filner, Bob, Calif., E763, E765 Ney, Robert W., Ohio, E765 Cannon, Chris, Utah, E766 Frelinghuysen, Rodney P., N.J., E763, E766 Sherman, Brad, Calif., E764 Coble, Howard, N.C., E767 Levin, Sander M., Mich., E765 Tauzin, W.J. (Billy), La., E769

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