E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, MONDAY, JUNE 10, 1996 No. 84 House of Representatives

The House met at 12:30 p.m. and was PRAYER S. 1634. An act to amend the resolution es- tablishing the Franklin Delano Roosevelt called to order by the Speaker pro tem- The Chaplain, Rev. James David pore [Mr. HUTCHINSON]. Memorial Commission to extend the service Ford, D.D., offered the following pray- of certain members. er: f f With all the discordant voices that DESIGNATION OF SPEAKER PRO are heard in our world and with all the COMMUNICATION FROM CHIEF AD- TEMPORE usual pressures from every side, we MINISTRATIVE OFFICER OF THE long for meaning and purpose in our The SPEAKER pro tempore laid be- HOUSE lives and in the lives of those we love. fore the House the following commu- The SPEAKER pro tempore laid be- We question at times our own ability nication from the Speaker: fore the House the following commu- to see any design or scheme that would nication from the Chief Administrative WASHINGTON, DC, give cohesion to what we do. Yet, in June 10, 1996. Officer of the House of Representatives: I hereby designate the Honorable Y. TIM every moment, O God, we can see Your path of faith and hope and love and we U.S. HOUSE OF REPRESENTATIVES, HUTCHINSON to act as Speaker pro tempore OFFICE OF THE CHIEF ADMINISTRA- on this day. can acknowledge those gifts of thanks- TIVE OFFICER, NEWT GINGRICH, giving and gratitude that give meaning Washington, DC, May 24, 1996. Speaker of the House of Representatives. in our very hearts and souls. With Re Burton v. Allard. f every word of praise, we celebrate Your Hon. NEWT GINGRICH, gifts to us, O gracious God, and renew Speaker, U.S. House of Representatives, Wash- MORNING BUSINESS Your presence in word and deed. Amen. ington, DC. f DEAR MR. SPEAKER: This is to formally no- The SPEAKER pro tempore. Pursu- tify you pursuant to Rule L (50) of the Rules ant to the order of the House of May 12, THE JOURNAL of the House that the Office of Finance has been served with a subpoena issued by the 1995, the Chair will now recognize The SPEAKER pro tempore. The Members from lists submitted by the Superior Court of the District of Columbia. Chair has examined the Journal of the After consultation with the General Coun- majority and minority leaders for last day’s proceedings and announces morning hour debates. The Chair will sel, I have determined that compliance with to the House his approval thereof. the subpoena is consistent with the privi- alternate recognition between the par- Pursuant to clause 1, rule I, the Jour- leges and precedents of the House. ties, with each party limited to not to nal stands approved. Sincerely, exceed 30 minutes, and each Member SCOT M. FAULKNER. f except the majority and minority lead- f er limited to not to exceed 5 minutes. PLEDGE OF ALLEGIANCE KING KAMEHAMEHA DAY IN f The SPEAKER pro tempore. Will the HAWAII gentleman from American Samoa [Mr. RECESS FALEOMAVAEGA] come forward and lead (Mr. FALEOMAVAEGA asked and The SPEAKER pro tempore. Pursu- the House in the Pledge of Allegiance. was given permission to address the ant to clause 12, rule I, the House will Mr. FALEOMAVAEGA led the Pledge House for 1 minute and to revise and stand in recess until 2 p.m. of Allegiance as follows: extend his remarks.) Accordingly (at 12 o’clock and 33 I pledge allegiance to the Flag of the Mr. FALEOMAVAEGA. Mr. Speaker, minutes p.m.), the House stood in re- United States of America, and to the Repub- I have just returned from my district, cess until 2 p.m. lic for which it stands, one nation under God, and in doing so I always have to go indivisible, with liberty and justice for all. through the State of Hawaii. Today, f f the State of Hawaii is celebrating Ka- mehameha Day, they call it every year, b 1400 MESSAGE FROM THE SENATE in honor of the great King of Hawaii, A message from the Senate by Mr. Kamehameha. AFTER RECESS Lundregan, one of its clerks, an- I want to share with my colleagues The recess having expired, the House nounced that the Senate had passed a some very interesting tributes to this was called to order by the Speaker pro bill of the following title, in which the great Polynesian Hawaiian king, whose tempore [Mr. COBLE] at 2 p.m. concurrence of the House is requested: statue is right here in Statuary Hall

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.

H6041 H6042 CONGRESSIONAL RECORD — HOUSE June 10, 1996 as it was a gift from the State of Ha- I refuse to allow Medicare to go H.R. 848 waii commemorating this great island bankrupt because of some political ad- Be it enacted by the Senate and House of Rep- ruler. vantage. We believe that we have got resentatives of the United States of America in Kamehameha had to prove not only to work together in a bipartisan fash- Congress assembled, his kingship by birth, but he also had ion, without gimmicks, without tax in- SECTION 1. INCREASE IN AUTHORIZATION OF AP- PROPRIATIONS. to prove his kingship by merit. His ri- creases. We need to solve this problem Section 1(c) of the Act entitled ‘‘An Act to vals were just as big as he. I do not for the American people. authorize and direct the National Park Serv- know if my colleagues realize, Mr. I invite my Democrat colleagues to ice to assist the State of Georgia in relocat- Speaker, but the statute that we see work together for the American people ing a highway affecting the Chickamauga here of King Kamehameha is supposed in saving Medicare. It is the right and Chattanooga National Military Park in to be life size. This great King of Ha- thing to do; it is the right thing to do Georgia’’, approved December 24, 1987 (101 waii was almost 7 feet in stature, for all Americans. Stat. 1442), is amended by striking weighed almost 300 pounds, and can my ‘‘$30,000,000’’ and inserting ‘‘$51,000,000’’. f colleagues just imagine that his rivals The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from were just as big as he, and having a IT IS TIME FOR THE WHITE HOUSE California [Mr. POMBO] and the gen- fleet of some 16,000 canoes, and the pop- TO COME CLEAN ulation of the Hawaiian community at tleman from American Samoa [Mr. that time was some 300,000 native Ha- (Mr. POMBO asked and was given FALEOMAVAEGA] will each be recognized waiians that lived during his time. permission to address the House for 1 for 20 minutes. Prophesies were made before Kame- minute.) The Chair recognizes the gentleman hameha was even born that he would Mr. POMBO. Mr. Speaker, apparently from California [Mr. POMBO]. be truly a king of chiefs, and that is the White House is at it again. This Mr. POMBO. Mr. Speaker, I yield my- why his name is aptly called, The time they raided the confidential FBI self such time as I may consume. Lonely One, and I ask my colleagues to files of Republican officials, including (Mr. POMBO asked and was given go see the statue of King Kamehameha former Secretary of State James permission to revise and extend his re- in Statuary Hall. Baker. marks.) Mr. POMBO. Mr. Speaker, I rise in f Let me just read from the AP story about this incident: support of H.R. 848, legislation to in- ANOTHER BURNING REEFER But among the unanswered questions were, crease the authorization ceiling for (Mr. FUNDERBURK asked and was who at the White House knew the files has construction of a by-pass road around given permission to address the House been gathered and why they were kept at the Chickamauga-Chattanooga National for 1 minute and to revise and extend White House rather than returned to the Military Park. his remarks.) FBI? The files, 341 of them, almost all of In 1890, Congress designated the Mr. FUNDERBURK. Mr. Speaker, if a them former employees of Republican ad- Chickamauga-Chattanooga National Republican President had been respon- ministrations, were stored in the White Military Park as the first national House security office’s vault. sible for this latest abuse of power and military park, in recognition of several invasion of privacy, we would never Mr. Speaker, I guess we can all important Civil War engagements hear the end of it, but I predict the breathe a little easier knowing that which occurred there. Like many of the left-wing media will try to sweep this not every Republican was investigated. Civil War engagements, the site of this incident under the rug. It seems the It was only 341 of them. battle occurred along an important Clinton administration requested and The White House assures us that this transportation corridor, in this case received highly confidential FBI was only a small, innocent bureau- the route leading into Chattanooga, records of 338 former Reagan and Bush cratic mistake. I believe that. I also TN. appointees. The White House calls it a believe in the Easter Bunny, and that Mr. Speaker, there is still a high de- bureaucratic mistake. Mr. Speaker, the world is flat. Mr. Speaker, it is gree of conflict along that transpor- this creation of an enemies list de- time for the White House to come tation corridor, U.S. Highway 27, but mands a full investigation. I know clean. today the conflict is between com- muter traffic using this road, and those White House officials say that in spite f of ordering these files and keeping persons who have come to the park to them at the White House rather than ANNOUNCEMENT BY THE SPEAKER understand and appreciate the impor- returning them to the FBI—they did PRO TEMPORE tant events which took place there 133 years ago. In fact, 90 percent of the not even look at them. That’s like say- The SPEAKER pro tempore. Pursu- 17,200 vehicles using this road daily, in- ing they smoked marijuana, but didn’t ant to the provisions of clause 5 of rule cluding about 800 18-wheelers, are inhale. Mr. Speaker, the American pub- I, the Chair announces that he will nonpark visitors. The heavy use of this lic deserves better, no more excuses postpone further proceedings today on road intrudes significantly on the his- and coverup. each motion to suspend the rules on toric scene, and makes it almost im- f which a recorded vote or the yeas and possible for visitors of the park to use nays are ordered, or on which the vote PROTECT AND PRESERVE the road as part of the autotour route. MEDICARE is objected to under clause 4 of rule Several years ago, there was a pro- XV. (Mr. CHRISTENSEN asked and was posal to expand the highway through Such rollcall votes, if postponed, will given permission to address the House the park to four lanes. Such a proposal be taken today after debate has con- for 1 minute and to revise and extend would only have resulted in a greater cluded on all motions to suspend the his remarks.) number of vehicles going through the Mr. CHRISTENSEN. Mr. speaker, rules, but not before 5 p.m. today. park. In 1987, Congress passed a law au- Medicare is going broke. The latest f thorizing a bypass around the park in trustee’s report confirms what many of order to protect the park, and improve us have been saying for some time now: REGARDING THE CHICKAMAUGA safety for nonpark traffic. that Medicare is going broke even fast- AND CHATTANOOGA NATIONAL Unfortunately, due to the amount of er than predicted. MILITARY PARK rock encountered and fill required, the The Medicare trust fund lost money Mr. POMBO. Mr. Speaker, I move to cost for this project has risen since the last year for the first time since 1972 suspend the rules and pass the bill original 1987 estimate. Even with the causing the trustees to declare that the (H.R. 848) to increase the amount au- Federal/State matching requirements, Medicare trust fund would be com- thorized to be appropriated for assist- the estimated cost of the Federal Gov- pletely bankrupt by the year 2001. That ance for highway relocation regarding ernment for this road has risen to is just 5 years away. As this chart the Chickamauga and Chattanooga Na- about $52 million. However there is no shows based on Congressional Budget tional Military Park in Georgia, as question this funding authorization is Office numbers, it was predicted to go amended. needed to ensure the protection of this bankrupt in the year 2001. The Clerk read as follows: important park. June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6043 I am pleased that Mr. DEAL has spon- estimated costs now stand at $69.2 mil- portunities for future study of these historic sored this legislation and I am glad to lion. The revised Federal share would, battles. The park was administered by the War be able to support him today. Quite a therefore, be $51.9 million. Department until 1933 when jurisdiction was few Members of this body, and the H.R. 848, as reported by the Re- transferred to the National Park Service. In ad- other body, believe that the best thing sources Committee, increases the au- dition to its inspirational and commemorative they can do for the National Park thorized appropriation to $51.9 million. values, the park is also used for military in- Service, or for their district, is to cre- We note that the Clinton administra- struction, although this military activity was ate a new national park area. I am tion also supports enactment of the substantially curtailed following its transfer to pleased that Mr. DEAL has focused on bill. the National Park Service. Today, the Army taking care of an important historic b 1415 Command General Staff continues to bring park which Congress has already set field classes here to study the military strate- aside; and as this one issue amply illus- The Speaker, I urge my colleagues to gies used during the battles. trates, there is much work to do in our support H.R. 848, the bill of the gen- Specifically, this project reroutes a 3.7-mile existing park system. This Congress is tleman from California, and I reserve section of U.S. Highway 27, which passes focusing its attention on those areas the balance of my time. through the park by way of a 7-mile-long by- rather than adding to the backlog of Mr. POMBO. Mr. Speaker, I yield pass around the western boundary. This re- projects facing the Park Service, and such time as he may consume to the routing is necessary to protect the natural and the national deficit at the same time. I gentleman from Georgia [Mr. DEAL], historic resources within the park from dam- commend Mr. DEAL for his work, and the author of the bill. ages caused by heavy traffic. encourage all my colleagues to support [Mr. DEAL of Georgia asked and was Highway 27 is a major north-south highway this bill. given permission to revise and extend through the center of the Chickamauga Na- Mr. Speaker, I reserve the balance of his remarks.) tional Military Park connecting Chattanooga, my time. Mr. DEAL of Georgia. Mr. Speaker, TN to Florida. It is a well traveled commuter Mr. FALEOMAVAEGA. Mr. Speaker, both gentlemen have adequately ad- route between northwest Georgia and Chat- I yield myself such time as I may dressed this issue as to its purposes. I tanooga. On average, 16,200 vehicles pass consume. would simply like to elaborate that through the park each day by way of Highway (Mr. FALEOMAVAEGA asked and this is one of the oldest military parks 27. was given permission to revise and ex- in our country. It is on a major route U.S. Highway 27 serves as a vital north- tend his remarks.) that has been there for years. Unfortu- south link amoung the three States and its re- Mr. FALEOMAVAEGA. Mr. Speaker, nately, U.S. Highway 27 goes through newal is a top priority of the Georgia DOT. H.R. 848 would increase the amount au- the middle of Chickamauga-Chat- Highway 27 presently is undergoing construc- thorized for the Federal share of the tanooga National Battlefield, and when tion from end to end in order to upgrade the costs of relocating Highway 27 around the State was in the process of widen- highway for substantial commercial usage. the Chickamauga-Chattanooga Na- ing this very important transportation When complete, Highway 27 will be a four- tional Park from $35 million to $51.9 corridor, which it has designs to do all lane highway through rural areas of Georgia million. A similar version of this bill way from the Tennessee border on the and will include five-lane bypass sections was passed by the House during the top of the State of Georgia all the way around urban areas with limited access. This is an ongoing construction project. 103d Congress. We have no objection to to the Florida border on the south, it Land acquisition is mostly completed and con- enactment of this legislation. required that, in order to expand this struction contracts have already been award- The Chickamauga and Chattanooga route, to either do so in the middle of ed. This includes current construction on two National Military Park was established the national military park or to at- bridge structures. A halt in funding would in- in 1890 as the first national military tempt to bypass it. The decision was crease future planning and construction costs park. It was created to commemorate made in 1987 to build a bypass around and affect the overall completion date of this and interpret the battle of Chicka- the outskirts of the national military park, and it is for that purpose that project. mauga in northern Georgia, which took The original authorization was for $30 mil- this authorization is here today. place from September 19 through 22, lion. This bill increases the authorization by Mr. Speaker, the cost of the project 1863. ‘‘Chick-Chat’’ was one of the $21.9 million. The 1987 cost estimate provided has increased from its original esti- bloodiest battles of the Civil War. The by the Georgia Department of Transportation mate, and this bill is for the purpose of park is maintained as closely as pos- was based on aerial mapping and broad plan- reaching the authorization level that is sible to its historic condition with the ning values. The 1993 cost estimate provided currently projected as the cost of the terrain, vegetation and historic road by the Federal Highway Administration is project. The State of Georgia has been system that existed in 1863 largely in- based on detailed surveys, computer designs, tact. more than willing to pay its portion, and geotechnical data from on-site investiga- However, one of the crucial arteries and had done so and will continue to do tion. More cut and fill work is required than over which the battle was waged, La- so. was initially expected and a large quantity of fayette Road, locally known as High- I thank both gentlemen for their sup- rock will need to be hauled from the site. way 27, is now a major commuter and port of this legislation, and I would Bridge structure designs had to be changed commercial route. urge this Congress to pass this bill so based on geotechnical data and problems with The 3.7 miles of the highway located this important project, around one of subsurface base materials. within the park present a significant the most important national military Let me now explain to you how this is an- impediment to visitor safety and en- battlefields, can be completed expedi- other example of the Federal bureaucracy get- joyment of the park, and its increasing tiously. ting in the States way and costing more use threatens the park’s resources. Mr. Speaker, I would like to begin by thank- money. The Georgia Department of Transpor- Public Law 100–211 authorized $30 ing the Resources Committee for bringing this tation originally wanted to widen the portion of million in Federal funds to assist the bill up for consideration. U.S. 27 which went through the park. The State of Georgia in relocating this sec- H.R. 848 is a bill to increase the authoriza- Georgia DOT maintained that this plan was tion of the highway around the park. tion of appropriations for the National Park the most viable and environmentally attainable The Federal contribution was limited Service to assist the State of Georgia in relo- choice and also provided the best transpor- to 75 percent of the total cost of reloca- cating a highway affecting the Chickamauga tation service. This plan was estimated to cost tion, with the funding contingent upon and Chattanooga National Military Park. I in- approximately $3.9 million. In addition, the approval by the Secretary of the Inte- troduced this same bill during the 103d Con- Georgia DOT was willing to pay for this project rior of the design and location of the gress as H.R. 3516. It passed the House by with State funds. by-pass. unanimous consent; however, the other body However, the National Park Service would Total appropriated funds stood at did not bring up the bill for a vote. not agree to the State's plan. Instead, the $25.446 through fiscal year 1995. Of that, The Chickamauga and Chattanooga Na- Park Service advocated an alternative which $1.9 was rescinded from the fiscal year tional Military Park was established in 1890 to would require that a bypass be built around 95 appropriation. According to the Fed- commemorate the Civil War military engage- the park. In 1987, Public Law 100±211 author- eral Highway Administration, the total ments which took place there and to allow op- ized this alternative at a cost of $30 million. H6044 CONGRESSIONAL RECORD — HOUSE June 10, 1996 This law authorized the National Park Service SECTION 1. AUTHORIZATION OF RUNNING OF and liabilities for this event. I thank 1996 SUMMER OLYMPIC TORCH the Speaker of the House, the Honor- to assist the Georgia Department of Transpor- RELAY THROUGH CAPITOL tation in building the bypass around the park. GROUNDS. able NEWT GINGRICH, for sponsoring The agreement between the Park Service and On June 20, 1996, or on such other date as this resolution, and I am sure I speak the Georgia DOT set up matching funds of 75 the Speaker of the House of Representatives for all of my colleagues in wishing the percent Federal to 25 percent State. and the President pro tempore of the Senate city of Atlanta a most successful olym- To date, a total of $28.046 million in Federal may jointly designate, the 1996 Summer pic event. funds has been appropriated through fiscal Olympic Torch Relay may be run through I support this resolution and I urge the Capitol Grounds, and the Olympic Torch year 1996. The State of Georgia has contrib- my colleagues to support the measure. may be displayed on the Capitol Grounds Mr. Speaker, I reserve the balance of uted around $7 million to meet their end of the overnight, as part of the ceremony of the agreement. Let me remind you that the origi- my time. Centennial Olympic Games to be held in At- Mr. MASCARA. Mr. Speaker, I yield nal cost estimate for this project was $3 mil- lanta, Georgia. myself such time as I may consume. lion. SEC. 2. CONDITIONS. Mr. Speaker, on June 20, 1996 the I have news articles with me which show (a) IN GENERAL.—The event authorized by torch which will be used to officially pictures of unfinished bridges. Other articles section 1 shall be free of admission charge to open the 1996 summer Olympics will have been entitled ``Road To Nowhere.'' This the public and arranged not to interfere with the needs of Congress, under conditions to be pass through the Nation’s Capital on is not the kind of thing which restores the its way to Atlanta for the opening public's faith and trust in their Government. In prescribed by the Architect of the Capitol and the Capitol Police Board. The sponsor of ceremonies. A resolution is needed to fact, it creates the very opposite opinion. the event shall assume full responsibility for authorize use of the Capitol Grounds The State of Georgia was more than willing all expenses and liabilities incident to all ac- due to a prohibition against open to take on this project itself; however, the Fed- tivities associated with the event. flames on the grounds. It is with spe- eral Government would not allow this to occur. (b) PROHIBITION ON DISPLAY OF ADVERTISE- cial pride and an honor that the Trans- Therefore, the Federal Government has an MENTS.—The Architect of the Capitol and the portation and Infrastructure Commit- obligation to Georgia to fulfill its part of the Capitol Police Board shall take such actions tee can join the rest of the country in agreement. as may be necessary to prohibit the display welcoming all visitors to the Olympics Mr. FALEOMAVAEGA. Mr. Speaker, of advertisements for commercial products or services during the event. Such actions and show our support for all the ath- I yield myself such time as I may shall include measures to ensure that adver- letes who will compete. consume. tisements are not displayed on any vehicle The Olympic torch will be carried by Mr. Speaker, I note also for the accompanying runners in the Torch Relay. runners who have been nominated and RECORD the gentleman from New Mex- SEC. 3. STRUCTURES AND EQUIPMENT. chosen from their communities for ico fully supports this legislation. For the purposes of this resolution, the their outstanding volunteer activities Mr. Speaker, I yield back the balance sponsor of the event authorized by section 1 and community service. Approximately of my time. may erect upon the Capitol Grounds, subject every 1⁄2 kilometer the torch will be Mr. POMBO. Mr. Speaker, I yield to the approval of the Architect of the Cap- passed to a new runner. back the balance of my time. itol, such structures and equipment as are The torch itself features 22 reeds The SPEAKER pro tempore (Mr. necessary for the event. gathered in the center. The reeds rep- COBLE). The question is on the motion SEC. 4. ADDITIONAL ARRANGEMENTS. resent the 22 times that modern Olym- offered by the gentleman from Califor- The Architect of the Capitol and the Cap- pics have been held. The names of the itol Police Board are authorized to make any host cities, including Atlanta, are nia [Mr. POMBO] that the House sus- additional arrangement that may be re- pend the rules and pass the bill, H.R. etched on a goldplated band near the quired to carry out the event authorized by base; another band near the crown fea- 848, as amended. section 1. The question was taken; and (two- tures the logo for the 1996 Olympic SEC. 5. LIMITATIONS ON REPRESENTATIONS. games. A center handle of Georgia thirds having voted in favor thereof) A commercial sponsor of the 1996 Summer the rules were suspended and the bill, Olympic Torch Relay may not represent, ei- hardwood makes the torch easy to as amended, was passed. ther directly or indirectly, that this resolu- carry. The Olympic flame first became a A motion to reconsider was laid on tion or any activity carried out under this tradition for the modern Olympics the table. resolution in any way constitutes approval or endorsement by the Federal Government when an Olympic flame was lit and re- f of the commercial sponsor or any product or mained burning at the entrance to the service offered by the commercial sponsor. Olympic stadium throughout the 1928 GENERAL LEAVE The SPEAKER pro tempore. Pursu- Amsterdam games. The lighting of the Mr. POMBO. Mr. Speaker, I ask ant to the rule, the gentleman from flame captured the public’s imagina- unanimous consent that all Members Maryland [Mr. GILCHREST] and the gen- tion and has remained a traditional may have 5 legislative days within tleman from Pennsylvania [Mr. MAS- ceremony for the opening ceremony for which to revise and extend their re- CARA] will each be recognized for 20 the games. The public is invited and encouraged marks and include extraneous material minutes. The Chair recognizes the gentleman to attend this event, which is historic on the bill just passed. for the Capitol Grounds and for the The SPEAKER pro tempore. Is there from Maryland [Mr. GILCHREST]. Mr. GILCHREST. Mr. Speaker, I District. objection to the request of the gen- Mr. Speaker, I urge support for House yield myself such time as I may tleman from California? Concurrent Resolution 172, and I re- consume. There was no objection. serve the balance of my time. Mr. Speaker, House Concurrent Reso- f Mr. GILCHREST. Mr. Speaker, I lution 172 authorizes the use of the yield myself such time as I may Capitol Grounds for the running of the AUTHORIZING RUNNING OF 1996 consume. Olympic torch in conjunction with the Mr. Speaker, I want to thank the SUMMER TORCH RELAY 1996 Summer Olympics in Atlanta, GA. THROUGH CAPITOL GROUNDS gentleman from Pennsylvania [Mr. This torch relay is expected to take MASCARA] for supporting this legisla- Mr. GILCHREST. Mr. Speaker, I place on June 20, and while the resolu- tion. I think it is a worthy undertak- move to suspend the rules and agree to tion allows the torch to be kept on the ing, and I look forward to the event in the concurrent resolution (H. Con. Res. Grounds overnight, the torch will not the next couple of weeks. 172) authorizing the 1996 Summer be kept there. The torch will continue I also want to thank the gentleman Olympic Torch Relay to be run through its journey onward to Atlanta. There from Minnesota [Mr. OBERSTAR], for his the Capitol Grounds, and for other pur- are safeguards contained in the resolu- effort in this endeavor. poses. tion to prohibit any advertising in con- Mr. MASCARA. Mr. Speaker, I yield The Clerk read as follows: nection with the torch relay, and the such time as he may consume to the H. CON. RES. 172 event will be open to the public and be gentleman from Minnesota [Mr. OBER- Resolved by the House of Representatives (the free of charge. The sponsors of the STAR], the ranking member of the full Senate concurring). event will be responsible for any costs committee. June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6045 Mr. OBERSTAR. Mr. Speaker, I and an honor that the Transportation and In- Capitol grounds, subject to the approval of thank the gentleman for yielding time frastructure Committee can join the rest of the the Architect of the Capitol, such stage, to me. country in welcoming all visitors to the Olym- sound amplification devices, and other relat- Mr. Speaker, during the afternoon of pics and show our support for all the athletes ed structures and equipment as may be re- quired for the event to be carried out under June 20, the Olympic torch, which will who will compete. this resolution. signal the start of the Summer The Olympic torch will be carried by runners SEC. 4. ADDITIONAL ARRANGEMENTS. Olypmic Games, will pass through the who have been nominated and chosen from The Architect of the Capitol and the Cap- Capitol Grounds. It will have been in their communities for their outstanding volun- itol Police Board are authorized to make any relay across the United States for 84 teer activities and community service. Approxi- such additional arrangements that may be days, starting April 27 of this year in mately every one-half kilometer the torch will required to carry out the event under this Los Angeles. Including the games, the be passed to a new runner. In my own district resolution. flame will have been in play through- 13 runners participated on Monday, June 10, The SPEAKER pro tempore. Pursu- out the United States for over 100 days. 1996, by carrying the torch along the shores ant to the rule, the gentleman from It will travel through 42 States. It will of Lake Erie. They included Theresa Bishop, Maryland [Mr. GILCHREST] and the gen- visit 29 State capitols. It will come Madonna Chism, Colleen Dippolito, Thomas tleman from Pennsylvania [Mr. MAS- within a 2-hour distance of 90 percent Grantonic, Yong Lee, Steven Meads, Kyle CARA] will each be recognized for 20 of the population of the United States. Obradovich, Anthony Parish, Rev. Charles minutes. The flame will visit 11 pairs of cities: Ready, Gilbert Rieger, Melissa Snyder, Greg The Chair recognizes the gentleman Rochester, MN, and Rochester, NY; Al- Yurco, and John Zimomra. We are exceed- from Maryland [Mr. GILCHREST]. bany, GA, and Albany, NY, for exam- ingly proud of these young people. Mr. GILCHREST. Mr. Speaker, I ple. It travels 150 miles a day, 10 miles I urge support for this resolution and thank yield myself such time as I may an hour, 15 hours a day. There are nu- Mr. GILCHREST for his prompt attention to this consume. merous community celebrations and request. Mr. Speaker, House Concurrent Reso- Mr. MASCARA. Mr. Speaker, I have festivities all across the route, as is be- lution 153 would authorize the use of no further requests for time, and I fitting an event of this magnitude and the Capitol Grounds for the annual yield back the balance of my time. significance. running of the Greater Washington The United Way is the provider of Mr. GILCHREST. Mr. Speaker, I have no further requests for time, and I Soap Box Derby. This event is sched- community support and volunteer serv- uled for July 13, and again will be held ices for the 1996 Olympic torch relay. It yield back the balance of my time. The SPEAKER pro tempore. The on Constitution Avenue. This resolu- is really impressive that there will be question is on the motion offered by tion provides for the Architect of the over 10,000 runners carrying the torch. the gentleman from Maryland [Mr. Capitol, the Capitol Police Board, and It will move by numerous conveyances: GILCHREST] that the House suspend the the Greater Washington Soap Box bicycle, 19-car train, horseback, canoe, rules and agree to the concurrent reso- Derby Association to negotiate the steamboat, on the Great Lakes by one lution, House Concurrent Resolution necessary arrangements in compliance of our lakers, aircraft, sailboat. All 172. with rules and regulations governing will be used to carry the flame at one The question was taken; and (two- the use of the Capitol Grounds. The time or another into Atlanta. thirds having voted in favor thereof) event will be open to the public and be Given that impressive array of trans- the rules were suspended and the con- free of charge. portation modes, it is only fitting that current resolution was agreed to. This year marks the 55th year of the the Committee on Transportation and A motion to reconsider was laid on running of the Greater Washington Infrastructure should be the one to the table. Soap Box Derby. Participants range in manage this legislation. This is an ex- f age from 9 to 16. Winners from this traordinarily historic event, one of event will compete in the national great significance that captures the AUTHORIZING USE OF THE CAP- event to be held in Akron, OH, later imagination of young people, now and ITOL GROUNDS FOR GREATER this summer. for generations to come. It is a great WASHINGTON SOAP BOX DERBY Participants must design and build honor for this committee to be a part Mr. GILCHREST. Mr. Speaker, I their race cars, providing young people of making this event happen and come move to suspend the rules and agree to with an opportunity to gain valuable here, not only to Washington, but to the concurrent resolution (H. Con. Res. skills in aerodynamics and engineer- the Capitol Grounds. 153) authorizing the use of the Capitol ing. The event promotes teamwork, a I understand that the flame will pass Grounds for the Greater Washington sense of accomplishment, sportsman- across the Capitol Grounds between Soap Box Derby. ship, and provides an opportunity for 3:30 and 4:15 p.m. on June 20. I hope all The Clerk read as follows: parents and children to work together of our colleagues can be there to see it. H. CON. RES. 153 for a special challenge. I hope the public will come and join us, Resolved by the House of Representatives (the I am pleased that our colleagues from and I invite everyone to participate in Senate concurring), Virginia Mr. WOLF, Mr. DAVIS, and Mr. SECTION 1. AUTHORIZATION OF SOAP BOX this truly wonderful celebration. MORAN, cosponsored this resolution, I want to thank the gentleman from DERBY RACES ON CAPITOL GROUNDS. along with Members from Maryland, Maryland for the role he has played in The Greater Washington Soap Box Derby Mr. HOYER, Mr. WYNN, and Mrs. bringing this about. He has dedicated Association (hereinafter in this resolution MORELLA, and the gentlelady from the himself to all of the legislation that referred to as the ‘‘Association’’) shall be District, Ms. NORTON. I note that my comes before the Subcommittee on permitted to sponsor a public event, soap box colleague, Mr. HOYER, has been a long Public Buildings and Economic Devel- derby races, on the Capitol grounds on July time supporter of this annual event. 13, 1996, or on such other date as the Speaker opment of the Committee on Transpor- I support this resolution and urge my tation and Infrastructure with great of the House of Representatives and the President pro tempore of the Senate may colleagues to support the measure. scholarly approach, and it is very wel- jointly designate. b 1430 come. I appreciate the leadership of the SEC. 2. CONDITIONS. gentleman from Pennsylvania [Mr. The event to be carried out under this res- Mr. Speaker, I reserve the balance of MASCARA] and the gentleman from olution shall be free of admission charge to my time. Ohio [Mr. TRAFICANT] on this subject. the public and arranged not to interfere with Mr. MASCARA. Mr. Speaker, I yield Mr. TRAFICANT. Mr. Speaker, on June 20, the needs of Congress, under conditions to be myself such time as I may consume. 1996, the torch which will be used to officially prescribed by the Architect of the Capitol Mr. Speaker, on July 13, 1996 the 55th open the 1996 Summer Olympics will pass and the Capitol Police Board; except that the running of the Greater Washington Association shall assume full responsibility through the Nation's Capital on its way to At- for all expenses and liabilities incident to all Soap Box Derby is scheduled to take lanta for the opening ceremonies. A resolution activities associated with the event. place in Washington, DC, along Con- is needed to authorize use of the Capitol SEC. 3. STRUCTURES AND EQUIPMENT. stitution Avenue. This year’s event is Grounds due to a prohibition against open For the purposes of this resolution, the As- expected to draw over 50 participants flames on the Grounds. It is with special pride sociation is authorized to erect upon the from the surrounding communities of H6046 CONGRESSIONAL RECORD — HOUSE June 10, 1996 northern Virginia, the District of Co- As has been stated, these young peo- The tragedy is, very frankly, that on lumbia, and Maryland, making the ple learn a lot about aerodynamics, the evening news the day after the race Washington race one of the largest in about engineering, and about things there will not be, perhaps on ABC, the country. Mr. HOYER deserves credit that will prove very valuable to them CBS, NBC, CNN, C–SPAN, whatever, and our support for his continued ef- in the future. But more importantly, the victors of that race. It will be some forts in behalf of this all volunteer they learn the traits of self-reliance other young people who have not per- event. and competition as well as teamwork, formed and not done the things that we The race is funded through private as the gentleman from Pennsylvania would want, some perhaps more dys- donations, is staffed completely with [Mr. MASCARA] and the gentleman from functional behavior. community volunteers and is open to Maryland [Mr. GILCHREST] I think both It is unfortunate that we focus, Mr. the public and all families to enjoy. referred to, because they work with Speaker, on the dysfunctional, our tel- Use of our beautiful Capitol Grounds others in constructing these cars and evision does that to a fault, rather has made this event a very popular in racing these cars. than the positive contributions that local event and, in fact, in 1992 Wash- It is also a celebration, I suggest to millions of young people are making in ington, DC, was named one of the out- my colleagues, in most instances of America. Many of us have been to col- standing race cities. family, because although these cars are lege or high school graduations. As a Youngsters ages 9 through 16 build built by the youngsters themselves, I matter of fact, my colleague AL WYNN and race their own cars. They learn the would be surprised if they did not ask spoke at an elementary school gradua- principles of aerodynamics through dad or even mom for some advice and tion this morning. construction, practice, and competi- counsel in the construction of these The fact of the matter is, this Soap tion. In previous years, resolutions re- cars. Box Derby is participated in by young garding this event have always enjoyed The bottom line is, I think it is very people who are a credit to themselves, broad bipartisan support. I thank Mr. appropriate that we have this race on to their families, their communities, HOYER again for his continued interest Capitol Hill, this race that, as the gen- and to our country. and efforts in this event, and urge sup- tleman from Pennsylvania [Mr. MAS- Again, I thank the gentleman from port for House Concurrent Resolution CARA] has pointed out, is now one of Maryland [Mr. GILCHREST], the gen- 153. the most successful in the United tleman from Pennsylvania [Mr. MAS- Mr. Speaker, I yield such time as he States. We will have some 55 cars in CARA], and the members of the commit- may consume to the gentleman from this region participating, which is a lot tee for bringing this resolution to the Maryland [Mr. HOYER]. more people, of course, than that par- floor and seeking its earliest possible Mr. HOYER. I thank my friend from ticipating. And so I am very pleased to passage. Pennsylvania for yielding time. rise in support of this resolution. I want to thank Chairman GILCHREST, the Mr. Speaker, I want to first say to I want to also thank in particular, ranking member Mr. TRAFICANT, the Transpor- my very close friend and colleague and there are a number of them and I tation Committee, and Mr. MASCARA for their from Maryland, Mr. GILCHREST, who hesitate to cite one, but I will do so be- continued support of this bill which authorizes chairs the subcommittee that is report- cause it was Barry Scher. Barry Scher the use of the Capitol Grounds for the Greater ing these bills to the floor, I want to does governmental relations for Giant Washington Soap Box Derby. thank him for his efforts not only this Food. Giant Food is one of the great For the last 5 years, I have sponsored this year but in the past to shepherd this corporations in America and one of the resolution along with regional Members and bill to the floor so that it could be great corporations in the Washington sports fans. passed in a timely way, so that the ne- metropolitan area. Giant Food unfortu- The resolution authorizes the Architect of gotiations necessary to effect a suc- nately and tragically just lost its lead- the Capitol, the Capitol Police Board, and the cessful running of the Soap Box Derby er, Izzy Cohen. Izzy Cohen was a close Greater Washington Soap Box Derby Associa- could be accomplished. I also want to and dear friend of mine, a man of un- tion to negotiate the necessary arrangements thank my friend from Minnesota to usual sensitivity to the community. for carrying out the running of the Greater whom I refer as the chairman in exile, Giant was not only a successful busi- Washington Soap Box Derby in complete the ranking member of the full com- ness enterprise, it was and is a success- compliance with rules and regulations govern- mittee, Mr. OBERSTAR. ful community citizen, a full partici- ing the use of Capitol Grounds. Mr. Speaker, my comments would pant in the welfare and life of the This year marks the 55th running of the have echoed that which the gentleman Washington metropolitan community. Greater Washington Soap Box Derby, and the from Maryland [Mr. GILCHREST] and And it was Barry Scher, WAYNE, who race is slated for July 13, 1996. Participants the gentleman from Pennsylvania [Mr. many years ago said, ‘‘You know, we’re ranging from ages 9 to 16 are expected to MASCARA] have already said. This is to sponsoring this and we’ve all talked compete in the early summer race. They come be the 55th running of the Soap Box and we think the best place in Wash- from communities in Maryland, the District of Derby. ington to run this race would be on Columbia, and Virginia. For those of us who have lived in the Capitol Hill. Do you think we can get The winners of this local event will represent Washington metropolitan area for a approval to do that?’’ I said, ‘‘I can’t the Washington metropolitan area in the na- long period of time, we know that for a see why we would not.’’ tional race which will be held in Akron, OH, period of time this was run on the hill I then went to the Speaker, who at later this year. on Pennsylvania Avenue just after you that point in time was Tom Foley, and The soap box derby provides our young get to Branch Avenue if you are going said, ‘‘Mr. Speaker, what do you think people with an opportunity to gain valuable out of town, before it if you are coming about this?’’ And he said, ‘‘I think this skills such as engineering and aerodynamics. into town. It came a time when that is an excellent idea.’’ I think it may Furthermore, the derby promotes team work, a was no longer feasible and appropriate, have been Jim Howard, but am I cor- strong sense of accomplishment, sportsman- and in fact where they were not getting rect, JIM? In 1989? I am not? Glenn An- ship, leadership, and responsibility. These are the attendance that was necessary to derson. I went to Glenn Anderson from positive attributes which participants carry into make this a successful event. California and talked to him about it. adulthood. It is, I think, very appropriate that He said, ‘‘Sure, this sounds like a good The young people involved spend many we authorize the use of Constitution idea.’’ Of course it is sort of like saying months preparing for this race. The day they Avenue under the jurisdiction of the do you like apple pie. Who is going to actually compete provides them with a sense U.S. Capitol for this purpose. Is there say no? of achievement and comradery, not only for anything more American than the But the fact of the matter is, ever themselves but also for their families and Soap Box Derby? Young people being since we have been passing this resolu- friends. In addition, this worthwhile event pro- asked to use their own talents, their tion, which I think first started in 1990 vides the participants, tourists, and local resi- own initiative, their own inventiveness or 1991, in effecting this race here, it is dents with a safe and enjoyable day of activi- in coming to grips with a problem. one of the most successful because this ties. That is, how to get a vehicle that is not is a terrific setting. It excites the par- I again want to thank the committee for powered by a motor down a hill faster ticipants, and it is what America ought bringing the bill to the floor and I urge my col- than another vehicle. to be all about. leagues to support it. June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6047 Mr. MASCARA. Mr. Speaker, I yield strain the credibility of the public if SEC. 2. REFERENCES. such time as he may consume to the they are to believe that we think soap Any reference in a law, map, regulation, document, paper, or other record of the Unit- gentleman from Minnesota [Mr. OBER- boxes are for racing as opposed to giv- ed States to the United States courthouse STAR], the ranking member of the full ing speeches. referred to in section 1 shall be deemed to be committee. Mr. OBERSTAR. On that point, I a reference to the ‘‘E. Barrett Prettyman Mr. OBERSTAR. Mr. Speaker, I, too, thank the gentleman from Pennsylva- United States Courthouse’’. want to again compliment the chair- nia for yielding me the time, I com- The SPEAKER pro tempore. Pursu- man of the subcommittee, Mr. pliment the gentleman from Maryland, ant to the rule, the gentleman from GILCHREST, for his leadership in bring- and our dear colleague, Mr. HOYER, and Maryland [Mr. GILCHREST] and the gen- ing forth this legislation and for his urge the enactment of House Concur- tleman from Pennsylvania [Mr. MAS- sensitivity to its significance for young rent Resolution 153. CARA] each will control 20 minutes. people of the greater Washington area Mr. MASCARA. Mr. Speaker, I have The Chair recognizes the gentleman and for young people everywhere. I no further requests for time, and I from Maryland [Mr. GILCHREST]. think this clearly is a worthwhile fam- yield back the balance of my time. b 1445 ily event and someday we will probably Mr. GILCHREST. Mr. Speaker, I call this the Steny Hoyer Soap Box yield myself such time as I may Mr. GILCHREST. Mr. Speaker, I Derby Race for Mr. HOYER’s leadership consume. yield myself such time as I may and advocacy of this legislation time Mr. Speaker, I think the statements consume. and again. by the gentleman from Minnesota [Mr. Mr. Speaker, H.R. 3029 is a bill to des- ignate the U.S. courthouse located at I noted with great interest the gen- OBERSTAR], the gentleman from Penn- the intersection of 3rd and Constitu- tleman’s reference to the soap box sylvania [Mr. MASCARA], and the gen- tion Ave., NW., Washington, DC, as the derby being a family event. As a parent tleman from Maryland [Mr. HOYER] ‘‘E. Barrett Prettyman United States one time of a young aspiring scout certainly have hit the mark about this Courthouse.’’ Judge Prettyman was a when they made these matchbox cars particular tradition. We want it to con- native of Virginia, born in Lexington and raced them, I sure hope that the tinue. I want to thank the gentleman in 1896. He was the son of the Chaplain children are doing more of the work in from Maryland [Mr. HOYER] for his of the U.S. Senate during the Wilson the soap box than the parents are. sense of urgency to make sure that this administration. He attended Randolph Mr. HOYER. Mr. Speaker, will the resolution passed the House today. Macon University, and Georgetown gentleman yield? This is really a family-community af- University Law School. After gradua- Mr. OBERSTAR. I yield to the gen- fair where people can work together, tleman from Maryland. tion, he worked on newspapers, and and I think it will set a pretty good ex- practiced law with a District firm. He Mr. HOYER. Mr. Speaker, I have ample as we do this every year to not three daughters, they are now all served on the Federal bench for 26 only help build soap-box-derby-type ve- years, from his appointment in 1945 adults, but the gentleman brings to hicles with your children but also help mind all of the science projects that until his death in 1971. During that to hang out the clothes and do the time Judge Prettyman was regarded as they did that unfortunately their dishes and paint the barn or sweep the mother and I spent so much time at as- one of America’s leading legal scholars sidewalk, all those things that people and was a pioneer in the areas of judi- sisting them with. But we had a lot of can do collectively together, to make fun and we learned a lot. cial reform. He demonstrated an abil- families stronger. ity to be fair, firm, and thorough. Mr. OBERSTAR. Think of all the en- Mr. Speaker, I urge that we pass this ergy wasted on the learning curve by As a jurist, Judge Prettyman was resolution. known for his centrist positions. His the parents. But the children certainly Mr. Speaker, I yield back the balance most notable opinion concluded that learned a great deal. of my time. the State Department had the author- At a time when our full committee is The SPEAKER pro tempore (Mr. at a point of bringing to the House ity to ban U.S. citizens from entering COBLE). The question is on the motion certain areas of the world. His position floor a bill in a week or so that will re- offered by the gentleman from Mary- was upheld by the Supreme Court. strict the ability of young people to fly land [Mr. GILCHREST] that the House Judge Prettyman participated widely an airplane to avoid another tragedy as suspend the rules and agree to the con- in local civic matters, and served on a occurred in the case of the young girl current resolution, House Concurrent Presidential commission inquiry about whose airplane crashed, and she was Resolution 153. the U–2 incident. not at the controls, the instructor was The question was taken; and (two- I am pleased to note the sponsor of the pilot in control and in command of thirds having voted in favor thereof) the bill, our colleague, TOM DAVIS, tes- the aircraft, but we are going to be the rules were suspended and the con- tified before the Subcommittee on Pub- dealing with legislation to prevent that current resolution was agreed to. lic Buildings and Economic Develop- kind of tragedy, I note that this legis- A motion to reconsider was laid on ment, as well as a member of the sub- lation makes it possible for young peo- the table. committee, Ms. NORTON, a cosponsor of ple of that age group to pilot some- f the bill. thing that they could appropriately I support the bill and urge my col- handle and that they should handle and E. BARRETT PRETTYMAN U.S. leagues to pass the bill. to open wider the doors of opportunity COURTHOUSE Mr. Speaker, I reserve the balance of for youngsters 9 through 14 to race Mr. GILCHREST. Mr. Speaker, I my time. their homemade soap box cars. move to suspend the rules and pass the Mr. MASCARA. Mr. Speaker, I yield I may be the only one in this room bill (H.R. 3029) to designate the U.S. myself such time as I may consume. that can still remember what a soap Mr. Speaker, Ms. NORTON and Mr. courthouse in Washington, DC, as the box really is. Where I grew up in north- DAVIS have introduced legislation to ‘‘E. Barrett Prettyman United States ern Minnesota, boxes of wood were honor the distinguished career of Fed- Courthouse’’. shipped around the country that con- eral judge E. Barrett Prettyman. He The Clerk read as follows: tained soap and we did in fact make served the public on the Federal bench cars out of these old soap boxes. They H.R. 3029 for 26 years, and as chief judge here in were quite sturdy pieces of wood to put Be it enacted by the Senate and House of Rep- the District from 1953 to 1960. Not only a set of wheels on them and set one of resentatives of the United States of America in was he regarded as an outstanding Congress assembled, the younger kids on it and push them legal scholar but also he was a leader along the street. Nothing quite so SECTION 1. DESIGNATION OF COURTHOUSE. in judicial reform. Judge Prettyman The United States courthouse located at fancy, I am sure, as is going to be en- 3rd Street and Constitution Avenue, North- was a strong advocate for increasing tered in the races here but it does bring west, in Washington, District of Columbia, attention to the juvenile justice sys- back for me some nostalgia. shall be designated and known as the ‘‘E. tem here in the District. Mr. HOYER. If the gentleman will Barrett Prettyman United States Court- In addition to focusing on the needs yield further, we are, however, going to house’’. of juvenile offenders, Judge Prettyman H6048 CONGRESSIONAL RECORD — HOUSE June 10, 1996 championed the cause of the indigent speakers. I just want to say that for me ed States to the Federal building referred to and founded a program at Georgetown this is a very touching moment. Judge in section 1 shall be deemed to be a reference Law School to better train lawyers for Prettyman has been an inspiration to to the ‘‘Sammy L. Davis Federal Building’’. the indigent. generations of young attorneys, aspir- The SPEAKER pro tempore. Pursu- This bill honors the life and contribu- ing young men and women who sought ant to the rule, the gentleman from tions of an outstanding jurist and pub- a career in the service of the law and in Maryland [Mr. GILCHREST] and the gen- lic servant and deserves our support. service of the public, and because he tleman from Pennsylvania [Mr. MAS- Mr. Speaker, I reserve the balance of was such an inspiration himself, it is CARA] each will control 20 minutes. my time. very appropriate that we dedicate a The Chair recognizes the gentleman Mr. Speaker, I yield such time as she place to carry his name so that as from Maryland [Mr. GILCHREST]. may consume to the gentlewoman from many young people in the future walk Mr. GILCHREST. Mr. Speaker, I the District of Columbia [Ms. NORTON], into that building and see that name, yield myself such time as I may a cosponsor of the bill. they will be inspired as we are by the consume. Ms. NORTON. Mr. Speaker, I thank words of Marshall and Webster that sit Mr. Speaker, H.R. 3186 is a bill to des- the gentleman for yielding me this above this Chamber. ignate the Federal building in Over- time. There should always be a person who land, MO, as the ‘‘Sammy L. Davis Mr. Speaker, I was pleased to intro- Federal Building.’’ Sammy Davis is a duce the bill to name the U.S. District serves as a role model for career of pub- lic service, for giving of oneself to the citizen who distinguished himself in Court in the Circuit Court of Appeals the face of mortal danger. In November building for the late Chief Judge E. needs and the purposes of the broad public good as Judge E. Barrett 1967, while stationed in Cai Lay, Viet- Barrett Prettyman. The same bill had nam, as a cannoneer with the 9th In- earlier been introduced by Senator Prettyman did during his career of service to the District of Columbia, but fantry Division, then Private First JOHN WARNER in the Senate. I am very Class Davis participated in a fierce pleased that the chair of the Sub- in a larger sense to the service of the law and of all Americans. ground attack. He personally directed committee on the District of Columbia fire at enemy positions with a ma- was also a cosponsor in introducing the Mr. Speaker, I urge the passage of this legislation. chinegun, to allow cover for his bill with me. guncrew to position artillery for direct Judge Prettyman, a native of Vir- Mr. MASCARA. Mr. Speaker, I have fire. When his comrades were killed ginia, graduated from Georgetown Uni- no further requests for time, and I manning this artillery piece, Private versity Law School, where I still teach yield back the balance of my time. a course. He remained associated with Mr. GILCHREST. Mr. Speaker, I First Class Davis took up a position on Georgetown all of his professional life. yield myself such time as I may the howitzer and fired at point blank I assure my colleagues that the univer- consume to thank the gentlewoman range into enemy positions. After sity takes great pride that he is being from the District of Columbia [Ms. being injured by a mortar attack, he put forward today to be honored in this NORTON] for her effort in this legisla- then rescued his wounded comrades manner. tion and the gentleman from Penn- who were trapped across a river, by Judge Prettyman served on the Fed- sylvania [Mr. MASCARA], and again the floating an air mattress to the banks of eral bench for 26 years. He was Chief gentleman from Minnesota [Mr. OBER- the far side and pulled three men to Judge of the United States Circuit STAR] for his valued words for an es- safety. He continued his efforts despite Court from 1953 to 1960. Judge teemed jurist, and I urge my colleagues wounds suffered during this attack, Prettyman was widely regarded as one to vote for the legislation. and joined another howitzer crew and of this country’s leading legal scholars Mr. Speaker, I have no further speak- fired upon enemy positions until that and a pioneer for judicial reform. He is ers at this time, and I yield back the force broke contact and fled. His ef- particularly remembered for the way balance of my time. forts and valor resulted in his receiving he worked to improve the efficiency of The SPEAKER pro tempore (Mr. the Congressional Medal of Honor. Mr. the Judiciary. COBLE). The question is on the motion Davis is currently retired, due to dis- Judge Prettyman also championed offered by the gentleman from Mary- ability. the cause of the indigent and land [Mr. GILCHREST] that the House The building being named in honor of Prettyman fellows work to this day on suspend the rules and pass the bill, Mr. Davis is the U.S. Army Publica- that issue out of Georgetown Univer- H.R. 3029. tions Distribution Center, which serves sity, where he established a program to The question was taken; and (two- as the center for distribution of tech- better assist indigent defendants. thirds having voted in favor thereof) nical and supply publications, recruit- Naming the courts after Judge the rules were suspended and the bill ing materials, forms and testing mate- Prettyman is considered in this city, was passed. rial, and classified and accountable and I believe by those who know the A motion to reconsider was laid on publications. judge’s work, a fitting tribute to one of the table. Mr. Speaker, young Mr. Davis, with his faith, had the courage to do what the most outstanding jurists and legal f scholars to hold the bench in this city. he did, and because of his courage he I strongly urge my colleagues to sup- SAMMY L. DAVIS FEDERAL gives us renewed hope on a fairly regu- port this measure. BUILDING lar basis that the dedication to this Mr. MASCARA. Mr. Speaker, I yield Mr. GILCHREST. Mr. Speaker, I country is always worth it. such time as he may consume to the move to suspend the rules and pass the Mr. Speaker, I support this bill and gentleman from Minnesota [Mr. OBER- bill (H.R. 3186) to designate the Federal urge my colleagues to support this bill. STAR], the ranking member of the full building located at 1655 Woodson Road Mr. Speaker, I reserve the balance of committee. in Overland, MO, as the ‘‘Sammy L. my time. Mr. OBERSTAR. Mr. Speaker, I Davis Federal Building.’’ Mr. MASCARA. Mr. Speaker, I yield thank the gentleman for yielding me The Clerk read as follows: myself such time as I may consume. this time. Again I want to compliment Mr. Speaker, I support H.R. 3186 in- H.R. 3186 our subcommittee chairman, the gen- troduced by Mr. CLAY of Missouri to Be it enacted by the Senate and House of Rep- tleman from Maryland, Mr. GILCHREST, recognize the volunteer work, the com- resentatives of the United States of America in munity service, and the heroic acts of for taking the leadership and moving Congress assembled, this legislation and especially the Dis- Mr. Sammy L. Davis. SECTION 1. DESIGNATION. As a young man in Vietnam, Mr. trict delegate, the gentlewoman from The Federal building located at 1655 the District of Columbia, ELEANOR Woodson Road in Overland, Missouri, shall Davis risked his life under fire, to aid HOLMES NORTON, for sponsoring this be known and designated as the ‘‘Sammy L. his fallen comrades. For his efforts he legislation in honor of Judge E. Barrett Davis Federal Building’’. was awarded the Congressional Medal Prettyman. SEC. 2. REFERENCES. of Honor. In his later life and career, His career and times of service have Any reference in a law, map, regulation, Mr. Davis remained devoted to examin- already been well stated by previous document, paper, or other record of the Unit- ing and lecturing on issues concerning June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6049 POW’s and other matters of impor- The SPEAKER pro tempore (Mr. trial judge in the United States by the tance to veterans. COBLE). The question is on the motion Association of Trial Lawyers of Amer- It is fitting and proper to join Mr. offered by the gentleman from Mary- ica. CLAY in honoring Mr. Davis by des- land [Mr. GILCHREST] that the House Judge Nealon currently serves as a ignating the Federal building in Over- suspend the rules and pass the bill, senior judge and remains active in land, MO As the ‘‘Sammy L. Davis Fed- H.R. 3186. civic affairs in Scranton. He and his eral Building’’. The question was taken; and (two- wife are the proud parents of 10 chil- Mr. Speaker, I reserve the balance of thirds having voted in favor thereof) dren and 26 grandchildren. my time. the rules were suspended and the bill This bill has the support of the com- Mr. MASCARA. Mr. Speaker, I yield was passed. munity of Scranton, and its able Con- such time as he may consume to the A motion to reconsider was laid on gressman, Congressman JOE MCDADE, gentleman from Minnesota [Mr. OBER- the table. who took the time to appear before the STAR], the ranking member of the full f Subcommittee on Public Buildings and committee. Economic Development in support of Mr. OBERSTAR. Mr. Speaker, I WILLIAM J. NEALON UNITED this legislation. I support the bill and thank the gentleman for yielding me STATES COURTHOUSE urge my colleagues to support its pas- this time. It is not often that we have Mr. GILCHREST. Mr. Speaker, I sage. the privilege in this Chamber to recog- move to suspend the rules and pass the Mr. Speaker, I reserve the balance of nize in a very appropriate way a Con- bill (H.R. 3364), to designate a United my time. gressional Medal of Honor winner, a States courthouse in Scranton, PA, as Mr. MASCARA. Mr. Speaker, I yield true hero. These are people whose rec- the ‘‘William J. Nealon United States myself such time as I may consume. ognition is usually given posthumously Courthouse’’, as amended. Mr. Speaker, Judge William J. because they have made the ultimate The Clerk read as follows: Nealon is not only an outstanding ju- rist, a committed community leader, a sacrifice. H.R. 3364 But in the case of Sammy L. Davis, marine, and devoted father of 10 chil- Be it enacted by the Senate and House of Rep- dren but also he has made significant he is among us, not only among us but resentatives of the United States of America in he is using his, in a sense, platform, his Congress assembled, social contributions to local colleges, hospitals, and youth organizations. great distinction that he won at ex- SECTION 1. DESIGNATION. traordinary risk to himself, to serve The Federal building and United States This bill has overwhelming support by the needs of the community in the courthouse located at 235 North Washington various judicial organizations, the broadest possible sense. A motivational Avenue in Scranton, Pennsylvania, shall be local newspaper, Senator SPECTER and speaker, he talks about the plight of known and designated as the ‘‘William J. Senator SANTORUM, and the mayor of prisoners of war; talks about other is- Nealon Federal Building and United States Scranton. sues of interest to veterans. He has Courthouse’’. It is most fitting and proper to honor given himself a purpose and a career in SEC. 2. REFERENCES. the distinguished career of Judge Wil- life greater than any that could have Any reference in a law, map, regulation, liam J. Nealon by designating the Fed- been imagined for him. document, paper, or other record of the Unit- eral Building and United States Court- ed States to the Federal building and United b house in Scranton, PA, in his honor. 1500 States courthouse referred to in section 1 I urge support for H.R. 3364. And having the distinction of being shall be deemed to be a reference to the ‘‘William J. Nealon Federal Building and Mr. Speaker, I yield such time as he one of these truly special people whom United States Courthouse’’. may consume to the gentleman from our country has recognized with its Amend the title so as to read: ‘‘A bill to Minnesota [Mr. OBERSTAR], the ranking highest distinction, he merits very spe- designate the Federal building and United member of the full committee. cial recognition. States courthouse located at 235 North Mr. OBERSTAR. Mr. Speaker, again, I salute the gentleman from Missouri Washington Avenue in Scranton, Pennsylva- I greatly appreciate the Chair of our [Mr. CLAY], our colleague, for having nia, as the ‘William J. Nealon Federal Build- subcommittee moving this legislation introduced this legislation, for urging ing and United States Courthouse’.’’ to honor Judge William J. Nealon and the designation of the Federal building The SPEAKER pro tempore. Pursu- the gentleman from Pennsylvania [Mr. in Overland, MO, in honor of Sammy L. ant to the rule, the gentleman from MCDADE] for sponsoring the legisla- Davis. It is indeed appropriate, and it Maryland [Mr. GILCHREST] and the gen- tion. It has received the strong support is a modest step that we can take to tleman from Pennsylvania [Mr. MAS- on both sides of the aisle in our com- honor this hero. CARA] each will control 20 minutes. mittee because of the person who we There is nothing, however, that we The Chair recognizes the gentleman are recognizing in this very unique can do, not naming and no words, that from Maryland [Mr. GILCHREST]. way. can ever hope to reach the height that Mr. GILCHREST. Mr. Speaker, I Appointed to the Federal bench by he has achieved in his own service in yield myself such time as I may President Kennedy, he was the young- Vietnam in the defense of the life of consume. est Federal judge in the country at the others. Mr. Speaker, H.R. 3364, as amended, time, but he comes from an absolutely I urge the enactment of this legisla- is a bill to designate the Federal build- impeccable background which was very tion. ing and United States Courthouse in well expressed by Chairman GILCHREST. Mr. MASCARA. Mr. Speaker, having Scranton, PA as the ‘‘William J. The bill has overwhelming bipartisan no further requests for time, I yield Nealon Federal Building and United support and has widespread endorse- back the balance of my time. States Courthouse.’’ Judge Nealon is a ment of the Pennsylvania Bar Associa- Mr. GILCHREST. Mr. Speaker, once noted jurist, who is a native of Scran- tion, Northeastern Pennsylvania Trial again, I thank the gentleman from ton, PA. He was born in Scranton, at- Lawyers Association, numerous civic Pennsylvania [Mr. MASCARA] for his ef- tended local schools, and was grad- and charitable organizations. It is won- fort and the gentleman from Minnesota uated from Villanova and received his derful that a person could spend so [Mr. OBERSTAR] for his eloquent words. law degree from Catholic University. much time on the Federal bench and be Some 25 years ago, the Vietnam war di- President Kennedy appointed Judge so widely and warmly acclaimed. vided this country, but it is people like Nealon to the Federal bench in 1962 It is a very special way in which we Mr. Davis who have strengthened the after 2 years service on the Lacka- can pay tribute to years of dedication Union in their efforts since then. wanna County Court of Common Pleas. to the law and to service of the public Mr. Speaker, I urge my colleagues to He became the youngest Federal judge by dedicating a building to the honor vote for this legislation, and I thank in the country at that time. Judge of Judge William J. Nealon. Mr. Davis for his contribution to this Nealon has served as chief judge for the For me, coming from northern Min- country. Middle District of Pennsylvania from nesota, where for years we shipped iron Mr. Speaker, I yield back the balance 1976 to 1989. In 1983, Judge Nealon was ore and taconite to the steel mills of of my time. honored as the outstanding Federal Pennsylvania, Scranton was a name H6050 CONGRESSIONAL RECORD — HOUSE June 10, 1996 much revered and respected and be- the gentleman from Maryland [Mr. the University of Omaha. He honors his loved. So, I take a very special pleasure GILCHREST] that the House suspend the Czech heritage as vice president and in participating in moving this legisla- rules and pass the bill, H.R. 3364, as general counsel of the Western Bohe- tion through subcommittee, full com- amended. mian Fraternal Association, and con- mittee and now through the floor link- The question was taken. tinues to serve as counsel to the law ing our two regions of the country Mr. GILCHREST. Mr. Speaker, on firm of Kutak, Rock, in Omaha. through this very unique and distin- that I demand the yeas and nays. This bill has the support of the city guished judge. I urge the passage of the The yeas and nays were ordered. of Omaha, and the congressional dele- legislation. The SPEAKER pro tempore. Pursu- gation. Congressman BARRETT, a co- Mr. MASCARA. Mr. Speaker, I have ant to clause 5 of rule I and the Chair’s sponsor of the bill, appeared before the no further requests for time, and I prior announcement, further proceed- subcommittee on Public Buildings and yield back the balance of my time. ings on this motion will be postponed. Economic Development in support of Mr. GILCHREST. Mr. Speaker, I f the bill, and brought statements from again thank the gentleman from Penn- other members, and former members ROMAN L. HRUSKA UNITED sylvania [Mr. MASCARA] and the gen- Charles Thone and Hal Daub, the cur- STATES COURTHOUSE tleman from Minnesota [Mr. OBERSTAR] rent Mayor of Omaha. for their support in this legislation, Mr. GILCHREST. Mr. Speaker, I I support this bill and I urge my col- and I also thank the gentleman from move to suspend the rules and pass the leagues to pass the bill. Pennsylvania [Mr. MCDADE], and I hope bill (H.R. 3400) to designate the U.S. Mr. Speaker, I reserve the balance of this honors the people of Scranton, PA, courthouse to be constructed at a site my time. Mr. MASCARA. Mr. Speaker, I yield in the most positive way. on 18th Street between Dodge and myself such time as I may consume. Mr. MCDADE. Mr. Speaker, I urge my col- Douglas Streets in Omaha, NE, as the Roman L. Hruska United States Court- Mr. Speaker, it is fitting and proper leagues to support H.R. 3364, a bill to name to honor the career and public service the U.S. Courthouse and Federal building in house, as amended. The Clerk read as follows: of Senator Roman L. Hruska by des- Scranton, PA, after Senior Judge William J. ignating the Federal building and Nealon. H.R. 3400 courthouse under construction in I want to express my gratitude to Public Be it enacted by the Senate and House of Rep- Omaha, NE as the Roman L. Hruska Buildings and Economic Development Sub- resentatives of the United States of America in Federal Building and United States Congress assembled, committee Chairman WAYNE GILCHREST and Courthouse. ranking Democrat JIM TRAFICANT for their lead- SECTION 1. DESIGNATION. Senator Hruska’s distinguished ca- ership in moving this bill through the commit- The Federal building and United States reer spanned 24 years, including 2 years tee and on to the House floor. courthouse to be constructed at a site on 18th Street between Dodge and Douglas of service, from 1952–54, in the House of To my colleagues who may not be familiar Representatives where he was known with Judge Nealon, I want to say that I intro- Streets in Omaha, Nebraska, shall be known and designated as the ‘‘Roman L. Hruska for his steady, unpretentious style and duced this legislation because Judge Nealon Federal Building and United States Court- diligent hard work. is an extraordinary public servant who richly house’’. While on the Senate Judiciary Com- deserves this fitting tribute. SEC. 2. REFERENCES. mittee Senator Hruska became an Judge Nealon has served the middle district Any reference in a law, map, regulation, early advocate of examining the causes of Pennsylvania for the past 34 years, longer document, paper, or other record of the Unit- and prevention of violence in American than any judge in the history of the district ed States to the Federal building and United society. Determination and attention since its inception in 1901. He currently serves States courthouse referred to in section 1 to detail became the hallmarks of his as a senior judge, after serving as chief judge shall be deemed to be a reference to the legislative work. of the court from 1976 to 1989. President Ken- ‘‘Roman L. Hruska Federal Building and H.R. 3400 deserves our support and I United States Courthouse’’. nedy appointed Judge Nealon as the U.S. Dis- urge passage of this bill. trict Judge for the middle district of Pennsylva- The SPEAKER pro tempore. Pursu- Mr. Speaker, I yield such time as he nia on December 15, 1962, making him at that ant to the rule, the gentleman from may consume to the gentleman from time the youngest Federal judge in the coun- Maryland [Mr. GILCHREST] and the gen- Minnesota [Mr. OBERSTAR], the ranking try. tleman from Pennsylvania [Mr. MAS- member of the full committee. Judge Nealon was honored in 1983 by the CARA] each will control 20 minutes. Mr. OBERSTAR. Mr. Speaker, I com- Association of Trial Lawyers of America as the The Chair recognizes the gentleman pliment Chairman GILCHREST and our Outstanding Federal Trial Judge in the United from Maryland [Mr. GILCHREST]. ranking member of the subcommittee, States. In 1979, he received the Distinguished Mr. GILCHREST. Mr. Speaker, I Mr. TRAFICANT, on bringing this legis- Judicial Service Award from the Pennsylvania yield myself such time as I may lation forward to bring tribute to a Trial Lawyers Association and has been hon- consume. former colleague of ours in the House ored as an outstanding trial judge by the Mr. Speaker, Roman Hruska was and a former U.S. Senator, Roman Pennsylvania Defense Institute. born in David City, NE in 1903. He at- Hruska, who had a truly distinguished The people of northeastern Pennsylvania tended local schools, and was grad- career both here and in the other body. have been enriched by Judge Nealon's long uated from the University of Nebraska He was a person most respected for his record of community service. He has served Omaha campus, and Creighton Law public integrity and for the great dig- as a volunteer for numerous educational, med- School. He commenced the practice of nity that he brought to the office of ical, youth, and human services organizations. law in Omaha, and for 8 years served on U.S. Senator. He and his wife, Jean, are the parents of 10 the Douglas County Board of Commis- It has already been mentioned in the children and 26 grandchildren. sioners. In 1952 he was elected to the course of previous debate, his unpre- Designation of the courthouse and Federal 83d Congress, and in 1954 was elected to tentious style, his diligent hard work, building, which is currently undergoing a major the U.S. Senate to serve the unexpired his focus on causes and prevention of expansion and renovation, is an appropriate term of Senator Hugh Butler. Senator violence in American society, but he honor for Judge Nealon, a man who has dis- Hruska served with distinction in the did it all with great dignity and great tinguished himself in the Federal judiciary and Senate until his retirement in 1976. seriousness of purpose. Not a show in his community. He is a man who truly per- During his service in the Senate, he horse as we say, but a workhorse, and sonifies integrity, fairness, good citizenship, rose to be ranking member of the Judi- a very serious workhorse who can be a and possesses an unyielding commitment to ciary Committee, where he reviewed model for others coming after him and his profession, community, and family. more than 300 nominees for the Federal those now serving in both the House I urge passage of H.R. 3364. bench, including nominees to the Su- and the Senate. Mr. GILCHREST. Mr. Speaker, I have preme Court. It is entirely fitting and appropriate no further requests for time, and I Following his retirement from the to designate this Federal building and yield back the balance of my time. Senate, Senator Hruska continued his courthouse now under construction in The SPEAKER pro tempore. The public service on educational, and civic Omaha, NE, in honor of Senator question is on the motion offered by boards, including service as regent at Roman L. Hruska. June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6051 Mr. MASCARA. Mr. Speaker, I would Mr. GILCHREST. Mr. Speaker, I IDEA IMPROVEMENT ACT OF 1996 like to acknowledge the diligence and want to thank the gentleman from Mr. GOODLING. Mr. Speaker, I move hard work of the gentleman from Minnesota [Mr. OBERSTAR], the gen- to suspend the rules and pass the bill Maryland [Mr. GILCHREST] and the gen- tleman from Ohio [Mr. TRAFICANT], and (H.R. 3268) to amend the Individuals tleman from Ohio [Mr. TRAFICANT], our the gentleman from Pennsylvania [Mr. with Disabilities Education Act, to re- ranking member, both of whom who MASCARA] for their able assistance in authorize and make improvements to have been in assistance to me in my naming this Federal building and that Act, and for other purposes, as new assignment to the Subcommittee courthouse after such a distinguished amended. on Public Buildings and Economic De- jurist and fine American. I want to The Clerk read as follows: velop. thank the gentleman from Nebraska H.R. 3268 Mr. Speaker, having no further re- [Mr. BARRETT] for his contribution to Be it enacted by the Senate and House of Rep- quests for time, I yield back the bal- this legislation. resentatives of the United States of America in ance of my time. Mr. BEREUTER. Mr. Speaker, this Member Congress assembled, Mr. GILCHREST. Mr. Speaker, I is pleased to be an original cosponsor of H.R. SECTION 1. SHORT TITLE. yield such time as he may consume to 3400, legislation to designate the new court- This Act may be cited as the ‘‘IDEA Im- the gentleman from Nebraska [Mr. house in Omaha as the Roman L. Hruska provement Act of 1996’’. BARRETT]. U.S. Courthouse and urges his colleagues to TITLE I—AMENDMENTS TO THE INDIVID- b 1515 support this bill. UALS WITH DISABILITIES EDUCATION It is most appropriate that the new Omaha ACT Mr. BARRETT of Nebraska. Mr. courthouse be named after Senator Hruska SEC. 101. AMENDMENTS TO THE INDIVIDUALS Speaker, I am pleased to be here today since he is highly respected for his expertise WITH DISABILITIES EDUCATION to support H.R. 3400, a bill a name the in judicial policy matters. During his long and ACT. new U.S. courthouse in Omaha, NE, Parts A through D of the Individuals with distinguished career he served his State and Disabilities Education Act (20 U.S.C. 1400 et after Roman Hruska—a great Nebras- his country in several capacities. While he is kan, public servant, and personal seq.) are amended to read as follows: a native of David City in the First Congres- ‘‘PART A—GENERAL PROVISIONS friend. sional District, he began his public service ca- Roman Hruska got his start in public ‘‘SEC. 601. SHORT TITLE; TABLE OF CONTENTS; reer in Omaha on the Douglas County Board FINDINGS; PURPOSES. service in his local county’s board of of CommissionersÐserving as its chairman. commissioners. He then served in the ‘‘(a) SHORT TITLE.—This title may be cited Later he was elected to the House of Rep- as the ‘Individuals with Disabilities Edu- House of Representatives, representing resentatives in 1952, and then to the Senate cation Act’. Nebraska’s second district. And after where he served from 1954 to 1976. He was ‘‘(b) TABLE OF CONTENTS.—The table of serving only 1 year in the House, he the ranking Republican on the Senate Judici- contents for this title is as follows: was elected to fill a vacancy in the ary Committee. He also was the chairman of ‘‘PART A—GENERAL PROVISIONS Senate. Senator Hruska served in the a Presidential commission to revise the Fed- ‘‘Sec. 601. Short title; table of contents; Senate from 1954 to 1976, 22 years. eral appellate court system. Additionally, he findings; purposes. It was during Senator Hruska’s ten- served on commissions to reform the Federal ‘‘Sec. 602. Definitions. ure in the Senate that he influenced ‘‘Sec. 603. Office of Special Education criminal code and to study the causes and Programs. the Nation’s judiciary system. As the prevention of violence. ranking member on the Senate Judici- ‘‘Sec. 604. Abrogation of State sovereign Mr. Speaker, for the foregoing reasons and immunity. ary Committee, Senator Hruska had many others, naming the new courthouse after ‘‘Sec. 605. Requirements for prescribing the opportunity to serve on special Senator Roman Hruska would serve as a con- regulations. commissions to revise the Federal ap- tinuing tribute to his lifetime of service to Ne- ‘‘Sec. 606. Employment of individuals pellate court system, reform the Fed- braska and his devotion to improving the judi- with disabilities. eral criminal code, and to study the cial system. This Member strongly urges the ‘‘PART B—ASSISTANCE FOR EDUCATION OF ALL causes and prevention of violence. passage of H.R. 3400. CHILDREN WITH DISABILITIES On a personal level, it was Roman Mr. GILCHREST. Mr. Speaker, I urge ‘‘Sec. 611. Authorization; allotment; use Hruska who encouraged me to enter my colleagues to vote for the bill, and of funds; authorization of ap- public service. He was influential in my propriations. I yield back the balance of my time. ‘‘Sec. 612. State requirements. decision to seek the chairmanship of The SPEAKER pro tempore (Mr. the Nebraska Republican Party, and ‘‘Sec. 613. Local educational agency re- COBLE). The question is on the motion quirements. later to represent a district in the Ne- offered by the gentleman from Mary- ‘‘Sec. 614. Evaluations, reevaluations, braska legislature. And after 12 years land [Mr. GILCHREST] that the House individualized education pro- in the State legislature, I was ready to suspend the rules and pass the bill, grams, and educational place- go home. However, Roman was there, H.R. 3400, as amended. ments. once again, to urge me to run for my The question was taken. ‘‘Sec. 615. Procedural safeguards. ‘‘Sec. 616. Withholding and judicial re- current seat in the House of Represent- Mr. GILCHREST. Mr. Speaker, on atives. He has been a mentor to me, view. that I demand the yeas and nays. ‘‘Sec. 617. Administration. not only by his words, but also by his The yeas and nays were ordered. ‘‘Sec. 618. Program information. actions. His reputation for hard work The SPEAKER pro tempore. Pursu- ‘‘Sec. 619. Preschool grants. and integrity was earned, and is widely ant to clause 5 of rule I and the Chair’s ‘‘PART C—INFANTS AND TODDLERS WITH recognized by many Nebraskans. prior announcement, further proceed- DISABILITIES Senator Hruska, through his work ings on this motion will be postponed. ‘‘Sec. 631. Findings and policy. and dedication to an effective judiciary f ‘‘Sec. 632. Definitions. has influenced many Nebraskans in all ‘‘Sec. 633. General authority. walks of life. And in the words of Oma- GENERAL LEAVE ‘‘Sec. 634. Eligibility. ha’s current mayor, ‘‘There is an abun- Mr. GILCHREST. Mr. Speaker, I ask ‘‘Sec. 635. Requirements for Statewide dance of Nebraskan legal professionals unanimous consent that Members have system. ‘‘Sec. 636. Individualized family service whose lives have been profoundly af- 5 legislative days in which to revise plan. fected by Senator Hruska, and whose and extend their remarks on the bills ‘‘Sec. 637. State application and assur- career choices have been inspired by and resolutions just debated: House ances. him.’’ Concurrent Resolution 153, House Con- ‘‘Sec. 638. Uses of funds. Realizing Congress does not lightly current Resolution 172, H.R. 3029, H.R. ‘‘Sec. 639. Procedural safeguards. select names to designate Federal 3186, H.R. 3364, as amended, and H.R. ‘‘Sec. 640. Payor of last resort. buildings, I think H.R. 3400 would 3400, as amended. ‘‘Sec. 641. State interagency coordinat- ing council. honor an influential Nebraskan and in- The SPEAKER pro tempore. Is there ‘‘Sec. 642. Federal administration. spire us all to seek the same goals of objection to the request of the gen- ‘‘Sec. 643. Allocation of funds. integrity and honesty in our lives. I tleman from Maryland? ‘‘Sec. 644. Authorization of appropria- urge my colleagues to support this bill. There was no objection. tions. H6052 CONGRESSIONAL RECORD — HOUSE June 10, 1996

‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE the public school system, often at great dis- Hispanic, Asian-American, or American In- EDUCATION OF CHILDREN WITH DISABILITIES tance from their residence and at their own dian. ‘‘Sec. 651. Purpose of part. expense. ‘‘(D) Taken together as a group, minority ‘‘Sec. 652. Eligibility for financial assist- ‘‘(3) Since the enactment and implementa- children are comprising an ever larger per- ance. tion of the Education for All Handicapped centage of public school students. Large city ‘‘Sec. 653. Comprehensive plan. Children Act of 1975, this Act has been suc- school populations are overwhelmingly mi- ‘‘Sec. 654. Peer review. cessful in ensuring children with disabilities nority, e.g., for fall 1993, the figure for Miami ‘‘Sec. 655. Eligible applicants. and the families of such children access to a was 84 percent; Chicago, 89 percent; Philadel- ‘‘Sec. 656. Applicant and recipient re- free appropriate public education and in im- phia, 78 percent; Baltimore, 84 percent; Hous- sponsibilities. proving educational results for children with ton, 88 percent; and Los Angeles, 88 percent. ‘‘Sec. 657. Indirect costs. disabilities. ‘‘(E) Recruitment efforts within special ‘‘Sec. 658. Program evaluation. ‘‘(4) However, the implementation of this education at the level of preservice, continu- ‘‘SUBPART 1—NATIONAL RESEARCH AND Act has been impeded by low expectations, ing education, and practice must focus on IMPROVEMENT ACTIVITIES and an insufficient focus on applying bringing larger numbers of minorities into ‘‘Sec. 661. General authority to make replicable research on proven methods of the profession in order to provide appro- awards. teaching and learning for children with dis- priate practitioner knowledge, role models, ‘‘Sec. 662. Priorities. abilities. and sufficient manpower to address the ‘‘Sec. 663. National assessment. ‘‘(5) 20 years of research and experience has clearly changing demography of special edu- ‘‘Sec. 664. Authorization of appropria- demonstrated that the education of children cation. tions. with disabilities can be made more effective ‘‘(F) The limited English proficient popu- by— ‘‘SUBPART 2—PROFESSIONAL DEVELOPMENT lation is the fastest growing in our Nation, ‘‘(A) having high expectations for such ‘‘Sec. 671. Purpose. and the growth is occurring in many parts of children and ensuring their access in the ‘‘Sec. 672. Finding. our Nation. In the Nation’s 2 largest school general curriculum to the maximum extent ‘‘Sec. 673. National activities. districts, limited English students make up possible; ‘‘Sec. 674. Professional development for almost half of all students initially entering ‘‘(B) ensuring that families of such chil- personnel serving low-incidence school at the kindergarten level. Studies dren have meaningful opportunities to par- populations. have documented apparent discrepancies in ticipate in the education of their children at ‘‘Sec. 675. Leadership personnel. school and at home; the levels of referral and placement of lim- ‘‘Sec. 676. Service obligation. ‘‘(C) coordinating this Act with other ited English proficient children in special ‘‘Sec. 677. Outreach. local, educational service agency, State, and education. The Department of Education has ‘‘SUBPART 3—STATE PROGRAM IMPROVEMENT Federal school improvement efforts in order found that services provided to limited Eng- GRANTS FOR CHILDREN WITH DISABILITIES to ensure that such children benefit from lish proficient students often do not respond ‘‘Sec. 681. Purpose. such efforts and that special education can primarily to the pupil’s academic needs. ‘‘Sec. 682. Eligibility and collaborative become a service for such children rather These trends pose special challenges for spe- process. than a place where they are sent; cial education in the referral, assessment, ‘‘Sec. 683. State improvement plans. ‘‘(D) providing appropriate special edu- and services for our Nation’s students from ‘‘Sec. 684. Use of funds. cation and related services and aids and sup- non-English language backgrounds. ‘‘Sec. 685. Minimum State allotments. ports in the regular classroom to such chil- ‘‘(8)(A) Greater efforts are needed to pre- ‘‘Sec. 686. Authorization of appropria- dren, whenever appropriate; vent the intensification of problems con- tions. ‘‘(E) supporting high-quality, intensive nected with mislabeling and high dropout ‘‘SUBPART 4—PARENT TRAINING professional development for all personnel rates among minority children with disabil- ‘‘Sec. 691. Grants for parent training and who work with such children in order to en- ities. information centers. sure that they have the skills and knowledge ‘‘(B) More minority children continue to be ‘‘Sec. 692. Technical assistance for par- necessary to enable them— served in special education than would be ex- ent training and information ‘‘(i) to meet developmental goals and, to pected from the percentage of minority stu- centers. the maximum extent possible, those chal- dents in the general school population. ‘‘Sec. 693. Authorization of appropria- lenging expectations that have been estab- ‘‘(C) Poor African-American children are tions. lished for all children; and 3.5 times more likely to be identified by ‘‘(c) FINDINGS.—The Congress finds the fol- ‘‘(ii) to be prepared to lead productive, their teacher as mentally retarded than lowing: independent, adult lives, to the maximum their white counterpart. ‘‘(1) Disability is a natural part of the extent possible; ‘‘(D) Although African-Americans rep- human experience and in no way diminishes ‘‘(F) providing incentives for whole-school resent 12 percent of elementary and second- the right of individuals to participate in or approaches and early intervention to reduce ary enrollments, they constitute 28 percent contribute to society. Improving educational the need to label children as disabled in of total enrollments in special education. results for children with disabilities is an es- order to address their learning needs; and ‘‘(E) The drop out rate is 68 percent higher sential element of our national policy of en- ‘‘(G) focusing resources on teaching and for minorities than for whites. suring equality of opportunity, full partici- learning while reducing paperwork and re- ‘‘(F) More than 50 percent of minority stu- pation, independent living, and economic quirements that do not assist in improving dents in large cities drop out of school. self-sufficiency for individuals with disabil- educational results. ‘‘(9)(A) The opportunity for full participa- ities. ‘‘(6) While States, local educational agen- tion in awards for grants and contracts; ‘‘(2) Before the date of the enactment of cies, and educational service agencies are re- boards of organizations receiving funds the Education for All Handicapped Children sponsible for providing an education for all under this Act; and peer review panels; and Act of 1975 (Public Law 94–142)— children with disabilities, it is in the na- training of professionals in the area of spe- ‘‘(A) the special educational needs of chil- tional interest that the Federal Government cial education by minority individuals, orga- dren with disabilities were not being fully have a role in assisting State and local ef- nizations, and historically Black colleges met; forts to educate children with disabilities in and universities is essential if we are to ob- ‘‘(B) more than one-half of the children order to improve results for such children tain greater success in the education of mi- with disabilities in the United States did not and to ensure equal protection of the law. receive appropriate educational services that ‘‘(7)(A) The Federal Government must be nority children with disabilities. would enable such children to have full responsive to the growing needs of an in- ‘‘(B) In 1989, of the 661,000 college and uni- equality of opportunity; creasingly more diverse society. A more eq- versity professors, 4.6 percent were African- ‘‘(C) 1,000,000 of the children with disabil- uitable allocation of resources is essential American and 3.1 percent were Hispanic. Of ities in the United States were excluded en- for the Federal Government to meet its re- the 3,600,000 teachers, prekindergarten tirely from the public school system and did sponsibility to provide an equal educational through high school, 9.4 percent were Afri- not go through the educational process with opportunity for all individuals. can-American and 3.9 percent were Hispanic. their peers; ‘‘(B) America’s racial profile is rapidly ‘‘(C) Students from minority groups com- ‘‘(D) there were many children with dis- changing. Between 1980 and 1990, the rate of prise more than 50 percent of K–12 public abilities throughout the United States par- increase in the population for white Ameri- school enrollment in seven States yet minor- ticipating in regular school programs whose cans was 6 percent, while the rate of increase ity enrollment in teacher training programs disabilities prevented such children from for racial and ethnic minorities was much is less than 15 percent in all but six States. having a successful educational experience higher: 53 percent for Hispanics, 13.2 percent ‘‘(D) As the number of African-American because their disabilities were undetected; for African-Americans, and 107.8 percent for and Hispanic students in special education and Asians. increases, the number of minority teachers ‘‘(E) because of the lack of adequate serv- ‘‘(C) By the year 2000, this Nation will have and related service personnel produced in our ices within the public school system, fami- 275,000,000 people, nearly one of every three colleges and universities continues to de- lies were often forced to find services outside of whom will be either African-American, crease. June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6053

‘‘(E) Ten years ago, 12.5 percent of the ‘‘(F) training or technical assistance for ‘‘(8) FREE APPROPRIATE PUBLIC EDU- United States teaching force in public ele- professionals (including individuals provid- CATION.—The term ‘free appropriate public mentary and secondary schools were mem- ing education and rehabilitation services), education’ means special education and re- bers of a minority group. Minorities com- employers, or other individuals who provide lated services that— prised 21.3 percent of the national population services to, employ, or are otherwise sub- ‘‘(A) have been provided at public expense, at that time and were clearly underrep- stantially involved in the major life func- under public supervision and direction, and resented then among employed teachers. tions of such child. without charge; Today, the elementary and secondary teach- ‘‘(3) CHILD WITH A DISABILITY.— ‘‘(B) meet the standards of the State edu- ing force is 3 to 5 percent minority, while ‘‘(A) IN GENERAL.—The term ‘child with a cational agency; one-third of the students in public schools disability’ means a child— ‘‘(C) include an appropriate preschool, ele- are minority children. ‘‘(i) with mental retardation, hearing im- mentary, or secondary school education in ‘‘(F) As recently as 1991, Historically Black pairments (including deafness), speech or the State involved; and Colleges and Universities enrolled 44 percent language impairments, visual impairments ‘‘(D) are provided in conformity with the of the African-American teacher trainees in (including blindness), serious emotional dis- individualized education program required the Nation. However, in 1993, Historically turbance, orthopedic impairments, autism, under section 614(d). Black Colleges and Universities received traumatic brain injury, other health impair- ‘‘(9) INDIAN.—The term ‘Indian’ means an only 4 percent of the discretionary funds for ments, or specific learning disabilities; and individual who is a member of an Indian special education and related services per- ‘‘(ii) who, by reason thereof, needs special tribe. sonnel training under this Act. education and related services. ‘‘(10) INDIAN TRIBE.—The term ‘Indian ‘‘(G) While African-American students con- ‘‘(B) CHILD AGED 3 TO 9.—The term ‘child tribe’ means any Federal or State Indian stitute 28 percent of total enrollment in spe- with a disability’ for a child aged 3 to 9, in- tribe, band, rancheria, pueblo, colony, or cial education, only 11.2 percent of individ- clusive, may, at the discretion of the State community, including any Alaskan native uals enrolled in preservice training programs and the local educational agency, include a village or regional village corporation (as de- for special education are African-American. child— fined in or established under the Alaska Na- ‘‘(H) In 1986–87, of the degrees conferred in ‘‘(i) experiencing developmental delays, as tive Claims Settlement Act). education at the B.A., M.A., and Ph.D levels, defined by the State and as measured by ap- only 6, 8, and 8 percent, respectively, were propriate diagnostic instruments and proce- ‘‘(11) INDIVIDUALIZED EDUCATION PROGRAM.— awarded to African-American or Hispanic dures, in one or more of the following areas: The term ‘individualized education program’ students. physical development, cognitive develop- or ‘IEP’ means a written statement for each ‘‘(10) Minorities and underserved persons ment, communication development, social or child with a disability that is developed, re- are socially disadvantaged because of the emotional development, or adaptive develop- viewed, and revised in accordance with sec- lack of opportunities in training and edu- ment; and tion 614(d) and that includes— cational programs, undergirded by the prac- ‘‘(ii) who, by reason thereof, needs special ‘‘(A) a statement of the child’s present lev- tices in the private sector that impede their education and related services. els of educational performance, including— full participation in the mainstream of soci- ‘‘(4) EDUCATIONAL SERVICE AGENCY.—The ‘‘(i) how the child’s disability affects the ety. term ‘educational service agency’— child’s involvement and progress in the gen- ‘‘(d) PURPOSES.—The purposes of this title ‘‘(A) means a regional public multiservice eral curriculum; or are— agency— ‘‘(ii) for preschool children, as appropriate, ‘‘(1) to ensure that all children with dis- ‘‘(i) authorized by State law to develop, how the disability affects the child’s partici- abilities have available to them a free appro- manage, and provide services or programs to pation in appropriate activities; priate public education that emphasizes spe- local educational agencies; and ‘‘(B) a statement of measurable annual cial education and related services designed ‘‘(ii) recognized as an administrative agen- goals, including benchmarks or short-term to meet their unique needs and prepare them cy for purposes of the provision of special objectives, related to— for employment and independent living; education and related services provided ‘‘(i) meeting the child’s needs that result ‘‘(2) to ensure that the rights of children within public elementary and secondary from the child’s disability to enable the with disabilities and parents of such children schools of the State; and child to be involved in and progress in the are protected; ‘‘(B) includes any other public institution general curriculum; and ‘‘(3) to assist States, localities, education or agency having administrative control and ‘‘(ii) meeting each of the child’s other edu- service agencies, and Federal agencies to direction over a public elementary or sec- cational needs that result from the child’s provide for the education of all children with ondary school. disability; disabilities; and ‘‘(5) ELEMENTARY SCHOOL.—The term ‘ele- ‘‘(C) a statement of how the classroom was ‘‘(4) to assess, and ensure the effectiveness mentary school’ means a day or residential adapted before the student was referred for of, efforts to educate children with disabil- school which provides elementary education, identification as a child with a disability; ities. as determined under State law, policy, or ‘‘(D) a justification of the extent, if any, to ‘‘SEC. 602. DEFINITIONS. procedure. which the child will not be educated with ‘‘As used in this title: ‘‘(6) EQUIPMENT.—The term ‘equipment’ in- nondisabled children; ‘‘(1) ASSISTIVE TECHNOLOGY DEVICE.—The cludes— ‘‘(E) a statement of the special education term ‘assistive technology device’ means any ‘‘(A) machinery, utilities, and built-in and related services and supplementary aids item, piece of equipment, or product system, equipment and any necessary enclosures or and services to be provided to the child, or whether acquired commercially off the shelf, structures to house such machinery, utili- on behalf of the child, and any program modified, or customized, that is used to in- ties, or equipment; and modifications or support for school personnel crease, maintain, or improve functional ca- ‘‘(B) all other items necessary for the func- necessary for the child— pabilities of a child with a disability. tioning of a particular facility as a facility ‘‘(i) to progress toward the attainment of ‘‘(2) ASSISTIVE TECHNOLOGY SERVICE.—The for the provision of educational services, in- the annual goals described in subparagraph term ‘assistive technology service’ means cluding items such as instructional equip- (B); and any service that directly assists a child with ment and necessary furniture, printed, pub- ‘‘(ii) to be involved and progress in the gen- a disability in the selection, acquisition, or lished, and audio-visual instructional mate- eral curriculum in accordance with subpara- use of an assistive technology device. Such rials, telecommunications, sensory, and graph (A) and to participate in extra- term includes— other technological aids and devices, and curricular and other nonacademic activities; ‘‘(A) the evaluation of the needs of such books, periodicals, documents, and other re- ‘‘(F)(i) a statement of any individual modi- child, including a functional evaluation of lated materials. fications in the administration of State or the child in the child’s customary environ- ‘‘(7) EXCESS COSTS.—The term ‘excess costs’ districtwide assessments of student achieve- ment; means those costs which are in excess of the ment that are needed in order for the child ‘‘(B) purchasing, leasing, or otherwise pro- average annual per student expenditure in a to participate in such assessment; and viding for the acquisition of assistive tech- local educational agency during the preced- ‘‘(ii) if the individualized education pro- nology devices by such child; ing school year for an elementary or second- gram team determines that the child will ‘‘(C) selecting, designing, fitting, customiz- ary school student, as may be appropriate, not participate in a particular State or dis- ing, adapting, applying, maintaining, repair- and which shall be computed after deduct- trictwide assessment of student achievement ing, or replacing of assistive technology de- ing— (or part of such an assessment), a statement vices; ‘‘(A) amounts received— of— ‘‘(D) coordinating and using other thera- ‘‘(i) under part B of this title; ‘‘(I) why that assessment is not appro- pies, interventions, or services with assistive ‘‘(ii) under part A of title I of the Elemen- priate for the child; and technology devices, such as those associated tary and Secondary Education Act of 1965; or ‘‘(II) how the child will be assessed; with existing education and rehabilitation ‘‘(iii) under part A of title VII of such Act; ‘‘(G) the projected date for the beginning of plans and programs; and the services and modifications described in ‘‘(E) training or technical assistance for ‘‘(B) any State or local funds expended for subparagraph (E), and the anticipated fre- such child, or, where appropriate, the family programs that would qualify for assistance quency, location, and duration of those serv- of such child; and under any such part. ices and modifications; H6054 CONGRESSIONAL RECORD — HOUSE June 10, 1996 ‘‘(H)(i) beginning at age 14, and updated an- istrative agency for its public elementary or ices shall be for diagnostic and evaluation nually, a statement of the transition service secondary schools; purposes only) as may be required to assist a needs of the child under the applicable com- ‘‘(B) any other public institution or agency child with a disability to benefit from spe- ponents of the child’s IEP that focuses on having administrative control and direction cial education, and includes the early identi- the child’s courses of study (such as partici- of a public elementary or secondary school; fication and assessment of disabling condi- pation in advanced-placement courses or a or tions in children. vocational education or school-to-work pro- ‘‘(C) an educational service agency. ‘‘(21) SECONDARY SCHOOL.—The term ‘sec- gram); ‘‘(15) NATIVE LANGUAGE.—The term ‘native ondary school’ means a day or residential ‘‘(ii) beginning at age 16 (or younger, if de- language’, when used with reference to an in- school which provides secondary education, termined appropriate by the IEP Team), a dividual of limited English proficiency, as determined under State law, policy, or statement of needed transition services for means the language normally used by the in- procedure, except that it does not include the child, including, when appropriate, a dividual, or in the case of a child, the lan- any education provided beyond grade 12. statement of the interagency responsibilities guage normally used by the parents of the ‘‘(22) SECRETARY.—The term ‘Secretary’ or any needed linkages; and child, and includes American Sign Language. means the Secretary of Education. ‘‘(iii) beginning at least one year before the ‘‘(16) NONPROFIT.—The term ‘nonprofit’ as ‘‘(23) SPECIAL EDUCATION.—The term ‘spe- child reaches the age of majority under applied to a school, agency, organization, or cial education’ means specially designed in- State law, a statement that the child has institution means a school, agency, organi- struction, at no cost to parents, to meet the been informed of his or her rights under this zation, or institution owned and operated by unique needs of a child with a disability, in- title, if any, that will transfer to the child one or more nonprofit corporations or asso- cluding— on reaching the age of majority under sec- ciations no part of the net earnings of which ‘‘(A) instruction conducted in the class- tion 615(m); and inures, or may lawfully inure, to the benefit room, in the home, in hospitals and institu- ‘‘(I) a statement of— of any private shareholder or individual. tions, and in other settings; and ‘‘(i) how the child’s progress toward the an- ‘‘(17) PARENT.—The term ‘parent’ includes ‘‘(B) instruction in physical education. nual goals described in subparagraph (B) will a legal guardian or surrogate parent. ‘‘(24) SPECIFIC LEARNING DISABILITY.— be measured; and ‘‘(18) PARENT ORGANIZATION.—The term ‘‘(A) IN GENERAL.—The term ‘specific learn- ‘‘(ii) how the child’s parents will be regu- ‘parent organization’ means a private non- ing disability’ means a disorder in one or larly informed (by such means as periodic re- profit organization (but not including an in- more of the basic psychological processes in- port cards), at least as often as parents are stitution of higher education) that— volved in understanding or in using lan- informed of their nondisabled children’s ‘‘(A) has a board of directors— guage, spoken or written, which disorder progress, of— ‘‘(i) the majority of whom are parents of may manifest itself in imperfect ability to ‘‘(I) their child’s progress toward the an- children with disabilities; listen, think, speak, read, write, spell, or do nual goals described in subparagraph (B); and ‘‘(ii) that includes— mathematical calculations. ‘‘(II) the extent to which that progress is ‘‘(I) individuals working in the fields of ‘‘(B) DISORDERS INCLUDED.—Such term in- sufficient to enable the child to achieve the special education, related services, and early cludes such conditions as perceptual disabil- objectives by the end of the year. intervention; and ities, brain injury, minimal brain dysfunc- ‘‘(12) INDIVIDUALIZED EDUCATION PROGRAM ‘‘(II) individuals with disabilities; and tion, dyslexia, and developmental aphasia. TEAM.—The term ‘individualized education ‘‘(iii) the parent and professional members ‘‘(C) DISORDERS NOT INCLUDED.—Such term program team’ or ‘IEP Team’ means a group of which are broadly representative of the does not include a learning problem that is of individuals composed of— population to be served; or primarily the result of visual, hearing, or ‘‘(A) the parents of a child with a disabil- ‘‘(B)(i) represents the interests of individ- motor disabilities, of mental retardation, of ity; uals with disabilities and has established a emotional disturbance, or of environmental, ‘‘(B) at least one regular education teacher special governing committee which meets cultural, or economic disadvantage. of such child (if the child is, or may be, par- the requirements of subparagraph (A); and ‘‘(25) STATE.—The term ‘State’ means each ticipating in the regular education environ- ‘‘(ii) has a memorandum of understanding of the 50 States, the District of Columbia, ment); between the special governing committee the Commonwealth of Puerto Rico, and each ‘‘(C) at least one special education teacher, and the board of directors of the organiza- of the territories. or where appropriate, at least one special tion which clearly outlines the relationship ‘‘(26) STATE EDUCATIONAL AGENCY.—The education provider of such child; between the board and the committee and term ‘State educational agency’ means the ‘‘(D) a representative of the local edu- the decisionmaking responsibilities and au- State board of education or other agency or cational agency who— thority of each. officer primarily responsible for the State ‘‘(i) is qualified to provide, or supervise the ‘‘(19) PARENT TRAINING AND INFORMATION supervision of public elementary and second- provision of, specially designed instruction CENTER.—The term ‘parent training and in- ary schools, or, if there is no such officer or to meet the unique needs of children with formation center’ means a center that— agency, an officer or agency designated by disabilities; ‘‘(A) provides training and information the Governor or by State law. ‘‘(ii) is knowledgeable about the general that meets the training and information ‘‘(27) SUPPLEMENTARY AIDS AND SERVICES.— curriculum; and needs of parents of children with disabilities The term ‘supplementary aids and services’ ‘‘(iii) is knowledgeable about the availabil- living in the area served by the center; and means, aids, services, and other supports ity of resources of the local educational ‘‘(B) assists parents— that are provided in regular education class- agency; ‘‘(i) to better understand the nature of es or other education-related settings to en- ‘‘(E) whenever appropriate, the child with their children’s disabilities and their edu- able children with disabilities to be educated a disability; and cational and developmental needs; with nondisabled children to the maximum ‘‘(F) at the discretion of the parent or the ‘‘(ii) to communicate effectively with per- extent appropriate in accordance with sec- agency, other individuals who have special sonnel responsible for providing special edu- tion 612(a)(4). expertise or knowledge regarding the abili- cation, early intervention, and related serv- ‘‘(28) TERRITORY.—The term ‘territory’ ties and disability or disabilities of the child, ices; means American Samoa, the Commonwealth including, as appropriate, related services ‘‘(iii) to participate in decisionmaking of the Northern Mariana Islands, Guam, and personnel who are or who will be working processes and the development of the IEP; the Virgin Islands. with the child. ‘‘(iv) to obtain appropriate information ‘‘(29) TRANSITION SERVICES.—The term ‘‘(13) INSTITUTION OF HIGHER EDUCATION.— about the range of options, programs, serv- ‘transition services’ means a coordinated set The term ‘institution of higher education’— ices, and resources available to assist chil- of activities for a child with a disability ‘‘(A) has the meaning given that term in dren with disabilities and their families; that— section 1201(a) of the Higher Education Act ‘‘(v) to understand the programs under this ‘‘(A) are designed within an outcome-ori- of 1965; and title for the education of, and the provision ented process, which promotes movement ‘‘(B) also includes any community college of early intervention services to, children from school to post-school activities, includ- receiving funding from the Secretary of the with disabilities; and ing post-secondary education, vocational Interior under the Tribally Controlled Com- ‘‘(vi) to participate in school reform activi- training, integrated employment (including munity College Assistance Act of 1978. ties. supported employment), continuing and ‘‘(14) LOCAL EDUCATIONAL AGENCY.—The ‘‘(20) RELATED SERVICES.—The term ‘relat- adult education, adult services, independent term ‘local educational agency’ means— ed services’ means transportation, and such living, or community participation; ‘‘(A) a public board of education or other developmental, corrective, and other sup- ‘‘(B) are based upon the individual child’s public authority legally constituted within a portive services (including speech-language needs, taking into account the child’s pref- State for either administrative control or di- pathology and audiology services, psycho- erences and interests; and rection of, or to perform a service function logical services, physical and occupational ‘‘(C) include instruction, related services, for, public elementary or secondary schools therapy, recreation, including therapeutic community experiences, the development of in a city, county, township, school district, recreation, social work services, counseling employment and other post-school adult liv- or other political subdivision of a State, or services, including rehabilitation counseling, ing objectives, and, when appropriate, acqui- for a combination of school districts or coun- orientation and mobility services, and medi- sition of daily living skills and functional ties as are recognized in a State as an admin- cal services, except that such medical serv- vocational evaluation. June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6055

‘‘SEC. 603. OFFICE OF SPECIAL EDUCATION PRO- ‘‘(A) IN GENERAL.—Except as provided in the remaining States in accordance with this GRAMS. subparagraph (B), an item of correspondence paragraph. ‘‘(a) ESTABLISHMENT.—There shall be, with- published and disseminated under paragraph ‘‘(B) BASIS FOR ALLOTMENT.—Except as pro- in the Office of Special Education and Reha- (1) may not be used in the following: vided in subparagraph (D), the Secretary bilitative Services in the Department of ‘‘(i) An administrative or due process ac- shall allot to each State an amount equal to Education, an Office of Special Education tion commenced under section 615. the sum of the following amounts: Programs which shall be the principal agen- ‘‘(ii) A compliance review or other action ‘‘(i) The amount equal to— cy in such Department for administering and relating to a State educational agency con- ‘‘(I) 85 percent of the remaining amount de- carrying out this title and other programs ducted by the Department of Education. and activities concerning the education and scribed in subparagraph (A); multiplied by ‘‘(iii) A compliance review or other action ‘‘(II) the child population percentage of the training of children with disabilities. relating to a local educational agency or ‘‘(b) DIRECTOR.—The Office established State (as determined under subparagraph other agency conducted by a State edu- under subsection (a) shall be headed by a Di- (C)(i)). cational agency. rector who shall be selected by the Secretary ‘‘(ii) The amount equal to— ‘‘(B) EXCEPTIONS.—A restriction on the use and shall report directly to the Assistant ‘‘(I) 15 percent of the remaining amount de- of an item of correspondence under subpara- Secretary for Special Education and Reha- scribed in subparagraph (A); multiplied by bilitative Services. graph (A) shall not apply if the item of cor- ‘‘(II) the child poverty percentage of the ‘‘(c) VOLUNTARY AND UNCOMPENSATED respondence— State (as determined under subparagraph SERVICES.—Notwithstanding section 1342 of ‘‘(i) is directly related to the particular (C)(ii)). fact situation, practice, or policy at issue title 31, United States Code, the Secretary is ‘‘(C) DETERMINATION OF CHILD POPULATION under clause (i) or (iii) of subparagraph (A); authorized to accept voluntary and uncom- PERCENTAGE AND CHILD POVERTY PERCENT- ‘‘(ii)(I) was originally directed to one of pensated services in furtherance of the pur- AGE.— the parties to the action under subparagraph poses of this title. ‘‘(i) CHILD POPULATION PERCENTAGE.—The (A)(i); or ‘‘SEC. 604. ABROGATION OF STATE SOVEREIGN child population percentage shall be deter- ‘‘(II) was originally directed to the particu- IMMUNITY. mined by comparing— lar local educational agency or other agency ‘‘(a) IN GENERAL.—A State shall not be im- ‘‘(I) the number of children aged 3 to 21, in- under subparagraph (A)(iii); or mune under the eleventh amendment to the clusive, in the State who are of the same age ‘‘(iii) was originally directed to the par- Constitution of the United States from suit as children with disabilities for whom the ticular State educational agency under sub- in Federal court for a violation of this title. State ensures the availability of a free ap- ‘‘(b) REMEDIES.—In a suit against a State paragraph (A)(ii). propriate public education; to for a violation of this title, remedies (includ- ‘‘SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH ‘‘(II) the number of such children in the re- ing remedies both at law and in equity) are DISABILITIES. maining States. available for such a violation to the same ex- ‘‘The Secretary shall assure that each re- ‘‘(ii) CHILD POVERTY PERCENTAGE.—The tent as such remedies are available for such cipient of assistance under this Act shall child poverty percentage shall be determined a violation in the suit against any public en- make positive efforts to employ and advance tity other than a State. in employment qualified individuals with by comparing— ‘‘(c) EFFECTIVE DATE.—The provisions of disabilities in programs assisted under this ‘‘(I) the number of children aged 3 to 21, in- subsections (a) and (b) apply with respect to Act. clusive, in the State living in poverty who are of the same age as children with disabil- violations that occur in whole or part after ‘‘PART B—ASSISTANCE FOR EDUCATION the date of the enactment of the Education ities for whom the State ensures the avail- OF ALL CHILDREN WITH DISABILITIES of the Handicapped Act Amendments of 1990. ability of a free appropriate public edu- ‘‘SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF ‘‘SEC. 605. REQUIREMENTS FOR PRESCRIBING cation; to FUNDS; AUTHORIZATION OF APPRO- REGULATIONS. ‘‘(II) the number of such children in the re- PRIATIONS. ‘‘(a) PUBLIC-COMMENT PERIOD.—The Sec- maining States. ‘‘(a) AUTHORIZATION.—The Secretary of retary shall provide a public-comment period ‘‘(D) TRANSITION FORMULA.—For each of the of at least 90 days on any regulation pro- Education shall provide grants to States and fiscal years 1997 through 2005, the Secretary provide amounts to the Secretary of the In- posed under part B or part C of this title on shall allot the remaining amount to the re- terior for the purpose of providing special which an opportunity for public comment is maining States in accordance with the fol- education and related services to children otherwise required by law. lowing: with disabilities in accordance with this ‘‘(b) PROTECTIONS PROVIDED TO CHILDREN.— ‘‘(i) FISCAL YEAR 1997.—For fiscal year 1997, part. The Secretary may not implement, or pub- the Secretary shall allot to each remaining ‘‘(b) ALLOTMENT AMONG STATES.— lish in final form, any regulation prescribed State the sum of— ‘‘(1) RESERVATION FOR THE TERRITORIES.— pursuant to this title which would proce- ‘‘(I) 10 percent multiplied by the amount ‘‘(A) IN GENERAL.—Of the amount appro- durally or substantively lessen the protec- determined for such State under subpara- tions provided to children with disabilities priated pursuant to subsection (e) to carry out this part for a fiscal year, the Secretary graph (B); and under this title, as embodied in regulations ‘‘(II) 90 percent multiplied by the amount in effect on July 20, 1983 (particularly as shall allot not more than one percent among the territories in accordance with this para- determined for such State under subpara- such protections relate to parental consent graph (E). to initial evaluation or initial placement in graph. ISCAL YEAR 1998 ‘‘(B) BASIS FOR ALLOTMENT.—The Secretary ‘‘(ii) F .—For fiscal year 1998, special education, least restrictive environ- the Secretary shall allot to each remaining ment, related services, timeliness, attend- shall allot to each territory an amount that State the sum of— ance of evaluation personnel at individual- bears the same proportion to the amount ap- ‘‘(I) 20 percent multiplied by the amount ized education program meetings, or quali- propriated pursuant to subsection (e) for a determined for such State under subpara- fications of personnel), except to the extent fiscal year as the number of individuals aged graph (B); and that such regulation reflects the clear and 3 to 21, inclusive, residing in such territory unequivocal intent of the Congress in legis- bears to the aggregate number of such indi- ‘‘(II) 80 percent multiplied by the amount lation. viduals residing in all such territories. determined for such State under subpara- ‘‘(c) CORRESPONDENCE FROM DEPARTMENT ‘‘(C) PROHIBITION ON CONSOLIDATION OF graph (E). OF EDUCATION DESCRIBING INTERPRETATIONS GRANTS.—Section 501 of Public Law 95–134 (48 ‘‘(iii) FISCAL YEAR 1999.—For fiscal year OF THIS PART.— U.S.C. 1469a; relating to the consolidation of 1999, the Secretary shall allot to each re- ‘‘(1) IN GENERAL.—The Secretary shall, on a one or more grants provided to certain terri- maining State the sum of— quarterly basis, publish in the Federal Reg- tories) shall not apply with respect to ‘‘(I) 30 percent multiplied by the amount ister, and widely disseminate to interested amounts provided to a territory under a determined for such State under subpara- entities through various additional forms of grant under this part. graph (B); and communication, a list of correspondence ‘‘(2) SECRETARY OF THE INTERIOR.—Of the ‘‘(II) 70 percent multiplied by the amount from the Department of Education received amount appropriated pursuant to subsection determined for such State under subpara- by individuals during the previous quarter (e) to carry out this part for a fiscal year, graph (E). that describes the interpretations of the De- the Secretary shall provide to the Secretary ‘‘(iv) FISCAL YEAR 2000.—For fiscal year partment of Education of this Act or the reg- of the Interior an amount equal to 1.226 per- 2000, the Secretary shall allot to each re- ulations implemented pursuant to this Act. cent to carry out subsection (d) (relating to maining State the sum of— ‘‘(2) ADDITIONAL INFORMATION.—For each special education and related services for In- ‘‘(I) 40 percent multiplied by the amount item of correspondence published in a list dian children with disabilities). determined for such State under subpara- under paragraph (1), the Secretary shall ‘‘(3) STATES.— graph (B); and identify the topic addressed by the cor- ‘‘(A) IN GENERAL.—After determining the ‘‘(II) 60 percent multiplied by the amount respondence and shall include such other amount to be allotted to the territories determined for such State under subpara- summary information as the Secretary de- under paragraph (1) and the amount to be graph (E). termines to be appropriate. provided to the Secretary of the Interior ‘‘(v) FISCAL YEAR 2001.—For fiscal year 2001, ‘‘(3) RESTRICTIONS ON USE OF CORRESPOND- under paragraph (2) for a fiscal year, the Sec- the Secretary shall allot to each remaining ENCE.— retary shall allot the remaining amount to State the sum of— H6056 CONGRESSIONAL RECORD — HOUSE June 10, 1996 ‘‘(I) 50 percent multiplied by the amount under subparagraph (D), and (bb) the amount quirement under paragraph (3)(G) is met, the determined for such State under subpara- equal to 10 percent of the amount received amount allotted to Puerto Rico for that fis- graph (B); and by the State for fiscal year 1996. cal year shall be equal to— ‘‘(II) 50 percent multiplied by the amount ‘‘(ii) ADJUSTMENT.—If amounts are allotted ‘‘(i) subject to clause (ii), the sum of— determined for such State under subpara- to one or more States under clause (i) for a ‘‘(I) the amount determined for Puerto graph (E). fiscal year, the Secretary shall reduce, on a Rico under subparagraph (A); and ‘‘(vi) FISCAL YEAR 2002.—For fiscal year proportional basis, the amounts allotted to ‘‘(II) the amount equal to 10 percent of 2002, the Secretary shall allot to each re- the remaining States for which the amount such amount determined for Puerto Rico maining State the sum of— determined under subparagraph (D) is an under subparagraph (A); or ‘‘(I) 60 percent multiplied by the amount amount that is greater than the amount re- ‘‘(ii) if the amount determined for Puerto determined for such State under subpara- ceived by such States under this section for Rico under clause (i) is greater than the graph (B); and fiscal year 1996. amount determined for Puerto Rico under ‘‘(II) 40 percent multiplied by the amount ‘‘(G) MINIMUM ALLOTMENT.—For each fiscal paragraph (3), the amount determined for determined for such State under subpara- year for which one of the conditions of sub- Puerto Rico under paragraph (3). graph (E). paragraph (F) is met (or such subparagraph ‘‘(C) ADJUSTMENT IN AMOUNTS TO REMAINING ‘‘(vii) FISCAL YEAR 2003.—For fiscal year does not apply) and subject to the availabil- STATES.—If the amount allotted to Puerto 2003, the Secretary shall allot to each re- ity of appropriations, for fiscal year 1997 and Rico for a fiscal year is determined under maining State the sum of— each subsequent fiscal year, the amount al- subparagraph (A) or (B)(i), the Secretary ‘‘(I) 70 percent multiplied by the amount lotted to each remaining State (described in shall reallot to the remaining States (as de- determined for such State under subpara- subparagraph (A)) shall not be less than an scribed in paragraph (3)(A)), on a propor- graph (B); and amount equal to one-third of one percent of tional basis, any amount not otherwise allot- ‘‘(II) 30 percent multiplied by the amount the remaining amount (described in subpara- ted to Puerto Rico. determined for such State under subpara- graph (A)) for the fiscal year. ‘‘(5) USE OF MOST RECENT POPULATION graph (E). ‘‘(H) MAXIMUM ALLOTMENT.— DATA.—For the purpose of providing grants ‘‘(viii) FISCAL YEAR 2004.—For fiscal year ‘‘(i) IN GENERAL.—For fiscal year 1997 and under this part, the Secretary shall use the 2004, the Secretary shall allot to each re- each subsequent fiscal year, the amount al- most recent population data and data on maining State the sum of— lotted to each remaining State (described in children aged 3 to 21, inclusive, living in pov- ‘‘(I) 80 percent multiplied by the amount subparagraph (A)) under this paragraph shall erty that are available and satisfactory to determined for such State under subpara- not be more than an amount equal to the Secretary. graph (B); and ‘‘(I) the sum of— ‘‘(c) USE OF FUNDS BY STATE.— ‘‘(II) 20 percent multiplied by the amount ‘‘(aa) the number of children with disabil- ‘‘(1) RESERVATION FOR STATE ACTIVITIES.— determined for such State under subpara- ities in the State, aged 6 through 21, who are ‘‘(A) IN GENERAL.—Subject to subparagraph graph (E). receiving special education and related serv- (D), a State may reserve not more than 25 ‘‘(ix) FISCAL YEAR 2005.—For fiscal year ices, as determined under clause (ii); and percent of the amount allotted to the State 2005, the Secretary shall allot to each re- ‘‘(bb) if the State is eligible for a grant under paragraph (1) or (3) of subsection (b) maining State the sum of— under section 619, the number of such chil- for a fiscal year for administration and other ‘‘(I) 90 percent multiplied by the amount dren in the State, aged 3 through 5; multi- State-level activities in accordance with determined for such State under subpara- plied by subparagraphs (B) and (C). graph (B); and ‘‘(II) 40 percent of the average per-pupil ex- ‘‘(B) STATE ADMINISTRATION.— ‘‘(II) 10 percent multiplied by the amount penditure in public elementary and second- ‘‘(i) IN GENERAL.—For the purpose of ad- determined for such State under subpara- ary schools in the United States. ministering programs under this part, in- graph (E). ‘‘(ii) DETERMINATION OF NUMBER OF CHIL- cluding the coordination of activities under ‘‘(E) BASE AMOUNT FOR 1996.— DREN.—The number of children with disabil- this part with, and providing technical as- ‘‘(i) IN GENERAL.—Subject to clause (ii), the ities receiving special education and related sistance to, other programs that provide amount determined under this subparagraph services in any fiscal year shall be equal to services to children with disabilities— for a State is the amount that bears the the number of such children receiving spe- ‘‘(I) each territory may use up to 3 percent same proportion to the remaining amount cial education and related services on De- of the amount allotted to the territory for a (described in subparagraph (A)) for the fiscal cember 1 of the fiscal year preceding the fis- fiscal year, or $35,000, whichever is greater; year under subparagraph (D) as the amount cal year for which the determination is and received by the State under this section for made. ‘‘(II) each remaining State may use up to 3 fiscal year 1996 bears to the aggregate of the ‘‘(iii) AVERAGE PER PUPIL EXPENDITURE.— percent of the amount allotted to the State amounts received by the remaining States For purposes of clause (i)(II), the term ‘aver- for a fiscal year, or $450,000, whichever is (described in subparagraph (A)) under this age per pupil expenditure’, in the United greater. section for fiscal year 1996. States, means the aggregate current expend- ‘‘(ii) USE OF AMOUNTS FOR ADMINISTRATION ‘‘(ii) REDUCTION IN AMOUNT.—If the State itures, during the second fiscal year preced- OF PART C.—If the State educational agency received an amount under this section for ing the fiscal year for which the computa- is the lead agency for the State under part C, fiscal year 1996 on the basis of children aged tion is made (or, if satisfactory data for such amounts described in clause (i) may also be 3 to 5, inclusive, in such State, but the State year are not available at the time of com- used for the administration of part C. does not make a free appropriate public edu- putation, then during the most recent pre- ‘‘(C) OTHER STATE-LEVEL ACTIVITIES.—A cation available to all children with disabil- ceding fiscal year for which satisfactory data State shall use any amounts reserved under ities aged 3 to 5, inclusive, in the State at are available) of all local educational agen- subparagraph (A) for a fiscal year that are the time a determination is made under sub- cies in the United States (which, for pur- not used for administration under subpara- paragraph (C), the Secretary shall reduce, on poses of this subparagraph, means the fifty graph (B) for such fiscal year— a proportional basis, the amount under States and the District of Columbia), as the ‘‘(i) for support and direct services, includ- clause (i) for purposes of allotting amounts case may be, plus any direct expenditures by ing technical assistance and personnel devel- under such subparagraph. the State for operation of such agencies opment and training; ‘‘(F) INCREASE IN ALLOTMENT AMOUNT DUR- (without regard to the source of funds from ‘‘(ii) for administrative costs of monitoring ING TRANSITION YEARS.— which either of such expenditures are made), and complaint investigation, but only to the ‘‘(i) IN GENERAL.— For each of the fiscal divided by the aggregate number of children extent that such costs exceed the costs in- years 1997 through 2005, if the amount deter- in average daily attendance to whom such curred for those activities during fiscal year mined for a State under subparagraph (D) is agencies provided free public education dur- 1985; an amount that is less than the amount re- ing such preceding year. ‘‘(iii) to establish and implement the medi- ceived by the State under this section for fis- ‘‘(4) SPECIAL RULE WITH RESPECT TO PUERTO ation process required by section 615(d), in- cal year 1996 and— RICO.— cluding providing for the costs of mediators ‘‘(I) the amount of the difference between ‘‘(A) IN GENERAL.—Except as provided sub- and support personnel; such two amounts is less than an amount paragraph (B) and notwithstanding para- ‘‘(iv) to assist local educational agencies in equal to 10 percent of the amount received graph (3), the amount allotted to Puerto meeting personnel shortages; by the State for fiscal year 1996, then the Rico for a fiscal year shall bear the same or ‘‘(v) to develop a State improvement plan amount allotted to the State for the fiscal lower proportion to the remaining amount under part D; year shall be equal to the amount received (described in paragraph (3)(A)) as the amount ‘‘(vi) for activities at the State and local by the State for fiscal year 1996; or received by Puerto Rico under this section levels to meet the performance goals estab- ‘‘(II) the amount of the difference between for fiscal year 1996 bears to the aggregate of lished by the State under section 612(a)(14) such two amounts is equal to or greater than the amounts received by the remaining and to support implementation of the State an amount equal to 10 percent of the amount States (as described in paragraph (3)(A)) improvement plan under part D if the State received by the State for fiscal year 1996, under this section for fiscal year 1996. receives funds under that part; or then the amount allotted to the State for ‘‘(B) INCREASE IN ALLOTMENT AMOUNT DUR- ‘‘(vii) to supplement other amounts used to the fiscal year shall be equal to the sum of ING CERTAIN FISCAL YEARS.—For each fiscal develop and implement a Statewide coordi- (aa) the amount determined for the State year for which the minimum allotment re- nated services system designed to improve June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6057 results for children and families, including clusive, to whom the agency was providing organizations, and other private and Federal children with disabilities and their families, special education and related services on De- service providers; but not to exceed one percent of the amount cember 1 of the fiscal year for which the ‘‘(C) includes an assurance that there are received by the State under this section funds were appropriated, equal to the per- public hearings, adequate notice of such (such system shall be coordinated with and, child amount the agency received under that hearings, and an opportunity for comment to the extent appropriate, build on the sys- subpart for fiscal year 1994. afforded to members of tribes, tribal govern- tem of coordinated services developed by the ‘‘(iii) DETERMINATION OF NUMBER OF CHIL- ing bodies, and affected local school boards State under part C). DREN.—The number of children counted before the adoption of the policies, pro- ‘‘(D) REPORT ON USE OF AMOUNTS.—The under clause (i)(I) shall not exceed the num- grams, and procedures described in subpara- State shall, as part of the information re- ber of children aged 3 to 21, inclusive, for graph (A); quired to be submitted under section 612, whom the agency received amounts in fiscal ‘‘(D) includes an assurance that the Sec- submit a description of— year 1994 under subpart 2 of part D of chapter retary of the Interior will provide such infor- ‘‘(i) how amounts reserved under subpara- 1 of title I of the Elementary and Secondary mation as the Secretary of Education may graph (A) will be used to meet the require- Education Act of 1965 (as such subpart was in require to comply with section 618; ments of this part; effect on the day before the date of the en- ‘‘(E) includes an assurance that the Sec- ‘‘(ii) how such amounts will be allocated actment of the Improving America’s Schools retary of the Interior and the Secretary of among the activities described in subpara- Act of 1994). Health and Human Services have entered graphs (B) and (C) to meet State priorities ‘‘(D) REALLOCATION OF AMOUNTS.—If a into a memorandum of agreement, to be pro- based on input from local educational agen- State educational agency determines that a vided to the Secretary of Education, for the cies; and local educational agency is adequately pro- coordination of services, resources, and per- ‘‘(iii) what percentage of such amounts, if viding a free appropriate public education to sonnel between their respective Federal, any, will be distributed to local educational all children with disabilities residing in the State, and local offices and with State and agencies by formula. area served by that agency with State and local educational agencies and other entities ‘‘(2) SUBGRANTS TO LOCAL EDUCATIONAL local funds, the State educational agency to facilitate the provision of services to In- AGENCIES AND CERTAIN STATE AGENCIES.— may reallocate any portion of amounts re- dian children with disabilities residing on or ‘‘(A) IN GENERAL.—The State shall provide ceived under a grant under this part that are near reservations (such agreement shall pro- at least 75 percent of the amount received not needed by that local agency to other vide for the apportionment of responsibil- under a grant for a fiscal year to local edu- local educational agencies in the State that ities and costs including, but not limited to, cational agencies in the State that have es- are not adequately providing special edu- child find, evaluation, diagnosis, remedi- tablished their eligibility under section 613, cation and related services to all children ation or therapeutic measures, and (where and to State agencies that received funds with disabilities residing in the areas they appropriate) equipment and medical or per- under section 614A(a) (as such section was in serve. sonal supplies as needed for a child to remain ‘‘(d) USE OF AMOUNTS BY SECRETARY OF THE effect on the day before the date of the en- in school or a program); and INTERIOR.— actment of the IDEA Improvement Act of ‘‘(F) includes an assurance that the De- ‘‘(1) PROVISION OF AMOUNTS FOR ASSIST- 1996) for fiscal year 1996 and have established partment of the Interior will cooperate with their eligibility under section 613, for use in ANCE.— the Department of Education in its exercise accordance with this part. ‘‘(A) IN GENERAL.—The Secretary of Edu- of monitoring and oversight of this applica- ‘‘(B) METHODS OF DISTRIBUTION.—A State cation shall provide amounts to the Sec- tion, and any agreements entered into be- may provide amounts under subparagraph retary of the Interior to meet the need for tween the Secretary of the Interior and (A) to local educational agencies and State assistance for the education of children with other entities under this part, and will fulfill agencies described under such subparagraph disabilities on reservations aged 5 to 21, in- its duties under this part. on the basis of— clusive, enrolled in elementary and second- ‘‘(i) school-age population; ary schools for Indian children operated or Section 616(a) shall apply to the information ‘‘(ii) school enrollment; funded by the Secretary of the Interior. The described in this paragraph. ‘‘(iii) numbers of children with disabilities amount of such payment for any fiscal year ‘‘(3) PAYMENTS FOR EDUCATION AND SERV- receiving a free appropriate public edu- shall be equal to 80 percent of the amount al- ICES FOR INDIAN CHILDREN WITH DISABILITIES cation; lotted under subsection (b)(2) for that fiscal AGED 3 TO 5.— ‘‘(iv) allocations for previous fiscal years; year. ‘‘(A) IN GENERAL.—With funds appropriated ‘‘(v) any two or more of the factors de- ‘‘(B) CALCULATION OF NUMBER OF CHIL- under subsection (e), the Secretary of Edu- scribed in clauses (i) through (iv); or DREN.—In the case of Indian students ages 3 cation shall make payments to the Secretary ‘‘(vi) poverty, in combination with one or to 5, inclusive, who are enrolled in programs of the Interior to be distributed to tribes or more of the factors described in clauses (i) affiliated with Bureau of Indian Affairs tribal organizations (as defined under section through (iv). (hereafter in this subsection referred to as 4 of the Indian Self-Determination and Edu- ‘‘(C) FORMER CHAPTER 1 STATE AGENCIES.— ‘BIA’) schools and that are required by the cation Assistance Act) or consortia of the ‘‘(i) IN GENERAL.—To the extent necessary States in which such schools are located to above to provide for the coordination of as- for each of the fiscal years 1997, 1998, and attain or maintain State accreditation, and sistance for special education and related 1999, the State shall use amounts that are which schools have such accreditation prior services for children with disabilities aged 3 available under paragraph (1)(A) to ensure to the date of enactment of the Individuals to 5, inclusive, on reservations served by ele- that each State agency that received with Disabilities Education Act Amend- mentary and secondary schools for Indian amounts in fiscal year 1994 under subpart 2 ments of 1991, the school shall be allowed to children operated or funded by the Depart- of part D of chapter 1 of title I of the Ele- count those children for the purpose of dis- ment of the Interior. The amount of such mentary and Secondary Education Act of tribution of the funds provided under this payments under subparagraph (B) for any fis- 1965 (as such subpart was in effect on the day paragraph to the Secretary of the Interior. cal year shall be equal to 20 percent of the before the date of the enactment of the Im- The Secretary of the Interior shall be re- amount allotted under subsection (b)(2). proving America’s Schools Act of 1994) re- sponsible for meeting all of the requirements ‘‘(B) DISTRIBUTION OF FUNDS.—The Sec- ceives, from the combination of funds under of this part for these children, in accordance retary of the Interior shall distribute the paragraph (1)(A) and funds provided under with paragraph (2). total amount of the payment under subpara- subparagraph (A), an amount equal to— ‘‘(C) ADDITIONAL REQUIREMENT.—With re- graph (A) by allocating to each tribe or trib- ‘‘(I) the number of children with disabil- spect to all other children aged 3 to 21, inclu- al organization an amount based on the ities, aged 6 to 21, inclusive, to whom the sive, on reservations, the State educational number of children with disabilities, ages 3 agency was providing special education and agency shall be responsible for ensuring that to 5, inclusive, residing on reservations as re- related services on December 1 of the fiscal all of the requirements of this part are im- ported annually divided by the total of such year for which the funds were appropriated, plemented. children served by all tribes or tribal organi- subject to the methods of distribution under ‘‘(2) SUBMISSION OF INFORMATION.—The Sec- zations. subparagraph (B); multiplied by retary of Education may provide the Sec- ‘‘(C) SUBMISSION OF INFORMATION.—To re- ‘‘(II) the per-child amount provided under retary of the Interior amounts under para- ceive a payment under this paragraph, the such subpart for fiscal year 1994. graph (1) for a fiscal year only if the Sec- tribe or tribal organization shall submit ‘‘(ii) ADDITIONAL USE OF AMOUNTS.—The retary of the Interior submits to the Sec- such figures to the Secretary of the Interior State may use amounts described in clause retary of Education information that— as required to determine the amounts to be (i) to ensure that each local educational ‘‘(A) demonstrates that the Department of allocated under subparagraph (B). This infor- agency that received fiscal year 1994 funds the Interior meets the appropriate require- mation shall be compiled and submitted to under that subpart for children who had ments, as determined by the Secretary of the Secretary of Education. transferred from a State-operated or State- Education, of sections 612 (including mon- ‘‘(D) USE OF FUNDS.—The funds received by supported school or program assisted under itoring and evaluation activities) and 613; a tribe or tribal organization shall be used to that subpart receives, from the combination ‘‘(B) includes a description of how the Sec- assist in child find, screening, and other pro- of funds available under paragraph (1)(A) and retary of the Interior will coordinate the cedures for the early identification of chil- funds provided under subparagraph (A), an provision of services under this part with dren aged 3 to 5, inclusive, parent training, amount for each such child, aged 3 to 21, in- local educational agencies, tribes and tribal and the provision of direct services. These H6058 CONGRESSIONAL RECORD — HOUSE June 10, 1996 activities may be carried out directly or retary’s responsibilities described in this the disability of a child means that edu- through contracts or cooperative agreements subsection; cation in regular classes with the use of sup- with the BIA, local educational agencies, and ‘‘(C) develop and recommend policies con- plementary aids and services cannot be other public or private nonprofit organiza- cerning effective inter- and intra-agency col- achieved satisfactorily. tions. The tribe or tribal organization is en- laboration, including modifications to regu- ‘‘(B) ADDITIONAL REQUIREMENT.— couraged to involve Indian parents in the de- lations, and the elimination of barriers to ‘‘(i) IN GENERAL.—The State’s method of velopment and implementation of these ac- inter- and intra-agency programs and activi- distributing funds shall not result in place- tivities. The above entities shall, as appro- ties; ments that violate the requirements of sub- priate, make referrals to local, State, or ‘‘(D) provide assistance and disseminate in- paragraph (A). Federal entities for the provision of services formation on best practices, effective pro- ‘‘(ii) EXCEPTION.—If the State does not or further diagnosis. gram coordination strategies, and rec- have policies and procedures to ensure com- ‘‘(E) BIENNIAL REPORT.—To be eligible to ommendations for improved educational pro- pliance with clause (i), the State shall pro- receive a grant pursuant to subparagraph gramming for Indian infants, toddlers, chil- vide the Secretary an assurance that it will (A), the tribe or tribal organization shall dren, and youth with disabilities; and revise the funding mechanism as soon as fea- provide to the Secretary of the Interior a bi- ‘‘(E) provide assistance in the preparation sible to ensure that such mechanism does ennial report of activities undertaken under of information required under paragraph not result in such placements. this paragraph, including the number of con- (2)(D). ‘‘(5) PROCEDURAL SAFEGUARDS.— tracts and cooperative agreements entered ‘‘(6) ANNUAL REPORTS.— ‘‘(A) IN GENERAL.—Children with disabil- ities and their parents are afforded the pro- into, the number of children contacted and ‘‘(A) IN GENERAL.—The advisory board es- cedural safeguards required by section 615. receiving services for each year and the esti- tablished under paragraph (5) shall prepare ‘‘(B) ADDITIONAL PROCEDURAL SAFE- mated number of children needing services and submit to the Secretary of the Interior GUARDS.—Procedures to assure that testing during the 2 years following the one in which and to the Congress an annual report con- and evaluation materials and procedures uti- the report is made. The Secretary of the In- taining a description of the activities of the lized for the purposes of evaluation and terior shall include a summary of this infor- advisory board for the preceding year. placement of children with disabilities will mation on a biennial basis in the report to ‘‘(B) AVAILABILITY.—The Secretary of the Interior shall make available to the Sec- be selected and administered so as not to be the Secretary of Education required under racially or culturally discriminatory. Such this subsection. The Secretary of Education retary of Education the report described in subparagraph (A). materials or procedures shall be provided may require any additional information and administered in the child’s native lan- from the Secretary of the Interior. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— For the purpose of carrying out this part (ex- guage or mode of communication, unless it ‘‘(F) PROHIBITIONS.—None of the funds allo- clearly is not feasible to do so, and no single cated under this paragraph may be used by cept for section 619; relating to preschool grants), there are authorized to be appro- procedure shall be the sole criterion for de- the Secretary of the Interior for administra- termining an appropriate educational pro- tive purposes, including child count and the priated to the Secretary such sums as may be necessary. gram for a child. provision of technical assistance. ‘‘(6) EVALUATION.—Children with disabil- ‘‘(4) PLAN FOR COORDINATION OF SERVICES.— ‘‘SEC. 612. STATE REQUIREMENTS. ities are evaluated in accordance with sub- The Secretary of the Interior shall develop ‘‘(a) IN GENERAL.—A State shall be eligible sections (a) through (c) of section 614. and implement a plan for the coordination of to receive a grant under this part for a fiscal ‘‘(7) CONFIDENTIALITY.—Agencies in the services for all Indian children with disabil- year if, except as provided in subsection (c), State comply with section 617(c) (relating to ities residing on reservations covered under the State submits to the Secretary informa- the confidentiality of records and informa- this Act. Such plan shall provide for the co- tion that demonstrates to the satisfaction of tion). ordination of services benefiting these chil- the Secretary that the State has in effect ‘‘(8) TRANSITION FROM PART C TO PRESCHOOL dren from whatever source, including tribes, policies and procedures to ensure that it PROGRAMS.—Children participating in early- the Indian Health Service, other BIA divi- meets each of the following requirements: intervention programs assisted under part C, sions, and other Federal agencies. In devel- ‘‘(1) FREE APPROPRIATE PUBLIC EDU- and who will participate in preschool pro- oping such a plan, the Secretary of the Inte- CATION.— grams assisted under this part, experience a rior shall consult with all interested and in- ‘‘(A) IN GENERAL.—A free appropriate pub- smooth transition to those preschool pro- volved parties. It shall be based upon the lic education is available to all children with grams in a manner consistent with section needs of the children and the system best disabilities residing in the State between the 637(a)(7). By the third birthday of such a suited for meeting those needs, and may in- ages of 3 and 21, inclusive. child, an individualized education program volve the establishment of cooperative ‘‘(B) LIMITATION.—Subparagraph (A) shall or, if consistent with sections 614(d)(1)(B) agreements between the BIA, other Federal not apply with respect to children with dis- and 636(d), an individualized family service agencies, and other entities. Such plan shall abilities aged 3 to 5 and children with dis- plan, has been developed and is being imple- also be distributed upon request to States, abilities aged 18 to 21 to the extent that such mented for the child. The local educational State and local educational agencies, and application to those children would be incon- agency will participate in transition plan- other agencies providing services to infants, sistent with State law or practice, or the ning conferences by the designated lead toddlers, children, and youth with disabil- order of any court, relating to the provision agency under section 637(a)(7). ities, to tribes, and to other interested par- of public education to children in such age ‘‘(9) CHILDREN IN PRIVATE SCHOOLS.— ties. ranges. ‘‘(A) IN GENERAL.—To the extent consistent ‘‘(5) ESTABLISHMENT OF ADVISORY BOARD.— ‘‘(2) CHILD FIND.—All children with disabil- with the number and location of children To meet the requirements of section ities residing in the State, including children with disabilities in the State who are en- 612(a)(18), the Secretary of the Interior shall with disabilities attending private schools, rolled in private elementary and secondary establish, not later than 6 months after the regardless of the severity of such disabilities, schools, provision is made for the participa- date of the enactment of the IDEA Improve- and who are in need of special education and tion of such children in the program assisted ment Act of 1996, under the Bureau of Indian related services, are identified, located, and or carried out under this part by providing Affairs (BIA), an advisory board composed of evaluated and that a practical method is de- for such children special education and relat- individuals involved in or concerned with the veloped and implemented to determine ed services, except if the Secretary has ar- education and provision of services to Indian which children with disabilities are cur- ranged for services to such children under infants, toddlers, children, and youth with rently receiving needed special education subsection (f). disabilities, including Indians with disabil- and related services. ‘‘(B) CHILDREN PLACED IN, OR REFERRED TO, ities, Indian parents or guardians of such ‘‘(3) INDIVIDUALIZED EDUCATION PROGRAM.— PRIVATE SCHOOLS BY PUBLIC AGENCIES.— children, teachers, service providers, State An individualized education program, or an ‘‘(i) IN GENERAL.—Children with disabilities and local educational officials, representa- individualized family service plan that meets in private schools and facilities are provided tives of tribes or tribal organizations, rep- the requirements of section 636(d), is devel- special education and related services, in ac- resentatives from State Interagency Coordi- oped, reviewed, and revised for each child cordance with an individualized education nating Councils in States having reserva- with a disability in accordance with section program, at no cost to their parents, if they tions, and other members representing the 614(d). are placed in, or referred to, such schools or various divisions and entities of the BIA. ‘‘(4) LEAST RESTRICTIVE ENVIRONMENT.— facilities by the State or a local educational The chairperson shall be selected by the Sec- ‘‘(A) IN GENERAL.—To the maximum extent agency in order to comply with this part or retary of the Interior. The advisory board appropriate— with any other provision of law requiring the shall— ‘‘(i) children with disabilities, including provision of special education and related ‘‘(A) assist in the coordination of services children in public or private institutions or services to all children with disabilities in within BIA and with other local, State, and other care facilities, are educated with chil- the State. Federal agencies in the provision of edu- dren who are not disabled; and ‘‘(ii) ADDITIONAL REQUIREMENTS.—In all cation for infants, toddlers, children, and ‘‘(ii) special classes, separate schooling, or cases described in clause (i)— youth with disabilities; other removal of children with disabilities ‘‘(I) children with disabilities are placed in, ‘‘(B) advise and assist the Secretary of the from the regular educational environment or referred to, only those private schools and Interior in the performance of the Sec- occurs only when the nature or severity of facilities that the State educational agency June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6059 determines meet standards that apply to (iii). Such agreement or mechanism shall in- under this part without first affording that State and local educational agencies; and clude the following: agency reasonable notice and an opportunity ‘‘(II) children served in such private ‘‘(i) AGENCY FINANCIAL RESPONSIBILITY.—An for a hearing. schools or facilities retain access to a free identification of, or a method for defining, ‘‘(13) COMPREHENSIVE SYSTEM OF PERSONNEL appropriate public education in accordance the financial responsibility of each agency DEVELOPMENT.—The State has established with this part. for providing services described in subpara- and implemented, consistent with the pur- ‘‘(C) PAYMENT FOR EDUCATION OF CHILDREN graph (B)(i) to ensure a free appropriate pub- poses of this title and section 635(a)(7), a PLACED IN PRIVATE SCHOOLS WITHOUT CONSENT lic education to children with disabilities comprehensive system of personnel develop- OF OR REFERRAL BY THE PUBLIC AGENCY.— provided that the financial responsibility of ment that is designed to ensure an adequate ‘‘(i) IN GENERAL.—If the parents of a child each public agency described in subpara- supply of qualified special education and re- with a disability that had previously re- graph (B), including the State Medicaid lated services personnel necessary to carry ceived special education and related services agency and other public insurers of children out this part, including— under the authority of a public agency have with disabilities, shall precede the financial ‘‘(A) a statewide, coordinated personnel-de- enrolled their child in a private elementary responsibility of the local education agency velopment plan that meets the personnel de- or secondary school without the consent of (or the State agency responsible for develop- velopment requirements of a State improve- or referral by the public agency, as a result ing the child’s IEP). ment plan under section 683; or of mediation described in section 615(d), or as ‘‘(ii) CONDITIONS AND TERMS OF REIMBURSE- ‘‘(B) a personnel-development plan, devel- a result of a decision rendered under the pro- MENT.—The conditions, terms, and proce- cedural safeguards of section 615, the public dures under which a local educational agen- oped in consultation with parents of children agency may be required to reimburse the cy shall be reimbursed by other agencies. with disabilities, State and local educational parents for the cost of the enrollment, ex- ‘‘(iii) INTERAGENCY DISPUTES.—Procedures agencies, institutions of higher education, cept that the cost of the reimbursement may for resolving interagency disputes (including and professional associations that— be reduced or denied— procedures under which local education ‘‘(i) addresses current and projected needs ‘‘(I) if, at least 10 school days prior to the agencies may initiate proceedings) under the for special education and related services removal of the child from the public school, agreement or other mechanism to secure re- personnel throughout the State; the parents did not give a written statement imbursement from other agencies or other- ‘‘(ii) addresses the need for the pre-service of their concerns to the public agency and wise implement the provisions of the agree- and in-service preparation of personnel notice that they intend to place their child ment or mechanism. throughout the State, including regular edu- in a private school at public expense; ‘‘(iv) COORDINATION OF SERVICES PROCE- cation personnel, to provide educational ‘‘(II) if, prior to the removal of the child DURES.—Policies and procedures for agencies services to children with disabilities; from the public school, the parents did not to determine and identify the interagency ‘‘(iii) includes a system or procedures for make the child available for an initial as- coordination responsibilities of each agency recruiting, preparing, and retaining qualified sessment and evaluation by the local edu- to promote the coordination and timely and personnel, including personnel with disabil- cational agency prior to enrollment in the appropriate delivery of services described in ities and personnel from groups that are private school; or subparagraph (B)(i). underrepresented in the field of special edu- ‘‘(III) at the discretion of the judge. ‘‘(B) OBLIGATION OF PUBLIC AGENCY.— cation and related services; and ‘‘(ii) EXCEPTION.—Notwithstanding the no- ‘‘(i) IN GENERAL.—If any public agency ‘‘(iv) is integrated, to the maximum extent tice requirement in clause (i)(I), the cost of other than an educational agency is other- possible, with other professional develop- the reimbursement may not be reduced or wise obligated under Federal or State law, or ment plans and activities. denied for failure to provide such notice if— assigned responsibility under State policy or ‘‘(14) PERSONNEL STANDARDS.— ‘‘(I) the parent is illiterate or cannot write pursuant to subparagraph (A), to provide or ‘‘(A) IN GENERAL.—The State educational in English; pay for any services that are also considered agency has established and maintains stand- ‘‘(II) compliance with clause (i)(I) would special education or related services (such ards to ensure that personnel necessary to likely result in physical or serious emotional as, but not limited to, services described in carry out this part are appropriately and harm to the child; sections 602(1) relating to assistive tech- adequately prepared and trained. ‘‘(III) the school prevented the parent from nology devices, 602(2) relating to assistive ‘‘(B) STANDARDS DESCRIBED.—Such stand- providing such notice; or technology services, 602(20) relating to relat- ards shall— ‘‘(IV) the parent had not received notice, ed services, 602(27) related to supplementary ‘‘(i) be consistent with any State-approved pursuant to section 615(d), of the notice re- aids and services, and 602(29) relating to or State-recognized certification, licensing, quirement in clause (i)(I). transition services) that are necessary for registration, or other comparable require- ‘‘(10) STATE EDUCATIONAL AGENCY RESPON- ensuring a free appropriate public education ments that apply to the professional dis- SIBLE FOR GENERAL SUPERVISION.— to children with disabilities within the cipline in which those personnel are provid- ‘‘(A) IN GENERAL.—The State educational State, such public agency shall fulfill that ing special education or related services; agency is responsible for ensuring that— obligation or responsibility, either directly ‘‘(ii) to the extent the standards described ‘‘(i) the requirements of this part are met; or through contract or other arrangement. in subparagraph (A) are not based on the and ‘‘(ii) REIMBURSEMENT FOR SERVICES BY PUB- highest requirements in the State applicable ‘‘(ii) all educational programs for children LIC AGENCY.—If a public agency other than with disabilities in the State, including all an educational agency fails to provide or pay to a specific profession or discipline, the such programs administered by any other for the special education and related services State is taking steps to require retraining or State or local agency— described in clause (i), the local educational hiring of personnel that meet appropriate ‘‘(I) are under the general supervision of agency (or State agency responsibility for professional requirements in the State; and individuals in the State who are responsible developing the child’s IEP) shall provide or ‘‘(iii) allow paraprofessionals and assist- for educational programs for children with pay for such services to the child. Such local ants who are appropriately trained and su- disabilities; and education agency or State agency may then pervised, in accordance with State law, regu- ‘‘(II) meet the educational standards of the claim reimbursement for the services from lations, or written policy, in meeting the re- State educational agency. the public agency that failed to provide or quirements of this part to be used to assist ‘‘(B) LIMITATION.—Subparagraph (A) shall pay for such services and such public agency in the provision of special education and re- not limit the responsibility of agencies in shall reimburse the local education agency lated services to children with disabilities the State other than the State educational or State agency pursuant to the terms of the under this part. agency to provide, or pay for some or all of interagency agreement described in subpara- ‘‘(C) EXCEPTION.—If the State determines the costs of, a free appropriate public edu- graph (A)(i) according to the procedures es- that, within a geographic area of the State cation for any child with a disability in the tablished in such agreement pursuant to sub- there is a shortage of an appropriate number State. paragraph (A)(ii). and type of personnel to provide the special ‘‘(11) OBLIGATIONS RELATED TO AND METH- ‘‘(C) SPECIAL RULE.—The requirements of education and related services to children ODS OF ENSURING SERVICES.— subparagraph (A) may be met through— with disabilities within such area, and the ‘‘(A) ESTABLISHING RESPONSIBILITY FOR ‘‘(i) State statute or regulation; appropriate public agency has taken steps to SERVICES.—The Chief Executive Officer or ‘‘(ii) signed agreements between respective recruit and hire such personnel, the State designee of the officer shall ensure that an agency officials that clearly identify the re- may, subject to public comment and review, interagency agreement or other mechanism sponsibilities of each agency relating to the temporarily suspend the standards of sub- for interagency coordination is in effect be- provision of services; or paragraph (B)(ii)— tween each public agency described in sub- ‘‘(iii) other appropriate methods as deter- ‘‘(i) consistent with State law, for the pur- paragraph (B) and the appropriate edu- mined by the Chief Executive Officer or des- pose of recruiting and hiring for such short- cational agency within the State, in order to ignee of the officer. age areas the most qualified available indi- ensure that all services described in subpara- ‘‘(12) PROCEDURAL REQUIREMENTS RELATING viduals who are making progress in applica- graph (B)(i) that are needed to ensure a free TO LOCAL EDUCATIONAL AGENCY ELIGIBILITY.— ble coursework; and appropriate public education are provided, The State educational agency will not make ‘‘(ii) for a period not to exceed 3 years. including the provision of such services dur- a final determination that a local edu- ‘‘(15) PERFORMANCE GOALS AND INDICA- ing the pendency of any dispute under clause cational agency is not eligible for assistance TORS.—The State— H6060 CONGRESSIONAL RECORD — HOUSE June 10, 1996

‘‘(A) has established goals for the perform- ‘‘(A) IN GENERAL.—The State has estab- submits to the Secretary such modifications ance of children with disabilities in the lished and maintains an advisory panel for as the State deems necessary. This section State that— the purpose of providing policy guidance shall apply to a modification to an applica- ‘‘(i) will promote the purposes of this title, with respect to special education and related tion to the same extent and in the same as stated in section 601(d); and services for children with disabilities in the manner as this section applies to the origi- ‘‘(ii) are consistent, to the maximum ex- State. nal plan. tent appropriate, with other goals and stand- ‘‘(B) MEMBERSHIP.—Such advisory panel ‘‘(3) MODIFICATIONS REQUIRED BY THE SEC- ards established by the State; shall consist of members appointed by the RETARY.—The Secretary may require a State ‘‘(B) has established performance indica- Governor, or any other official authorized to amend its application at any time as a re- tors the State will use to assess progress to- under State law to make such appointments, sult of the Secretary’s compliance reviews ward achieving those goals that, at a mini- that is representative of the State popu- under parts B and C. The Secretary shall re- mum, address the performance of children lation and that is composed of individuals in- duce or shall not provide any further pay- with disabilities on assessments, drop-out volved in, or concerned with, the education ments to the State educational agency until rates, and graduation rates; of children with disabilities, including— the Secretary is satisfied that the State edu- ‘‘(C) will, every two years, report to the ‘‘(i) parents of children with disabilities; cational agency is complying with that re- Secretary and the public on the progress of ‘‘(ii) individuals with disabilities; quirement. the State, and of children with disabilities in ‘‘(iii) teachers; ‘‘(d) APPROVAL BY THE SECRETARY.— the State, toward meeting the goals estab- ‘‘(iv) representatives of institutions of ‘‘(1) IN GENERAL.—If the Secretary deter- lished under subparagraph (A); and higher education that prepare special edu- mines that a State is eligible to receive a ‘‘(D) based on its assessment of that cation and related services personnel; grant under this part, the Secretary shall progress, will revise its State improvement ‘‘(v) State and local education officials; notify the State of that determination. plan under part D as may be needed to im- ‘‘(vi) administrators of programs for chil- ‘‘(2) NOTICE AND HEARING.—The Secretary prove its performance, if the State receives dren with disabilities; shall not make a final determination that a assistance under such part. ‘‘(vii) representatives of other State agen- State is not eligible to receive a grant under ‘‘(16) PARTICIPATION IN ASSESSMENTS.— cies involved in the financing or delivery of this part until after providing the State— ‘‘(A) IN GENERAL.—Children with disabil- related services to children with disabilities; ‘‘(A) with reasonable notice; and ities are included in general State and dis- ‘‘(viii) at least one representative of a vo- ‘‘(B) with an opportunity for a hearing. trict-wide assessment programs, with appro- cational, community, or business organiza- ‘‘(e) ASSISTANCE UNDER OTHER FEDERAL priate accommodations, where necessary. As tion concerned with the provision of transi- PROGRAMS.—Nothing in this title permits a appropriate, the State or local educational tion services to children with disabilities; State to reduce medical and other assistance agency— and available, or to alter eligibility, under titles ‘‘(i) develops guidelines for the participa- ‘‘(ix) representatives from the State juve- tion of children with disabilities in alternate nile and adult corrections agencies. V and XIX of the Social Security Act with respect to the provision of a free appropriate assessments for those children who cannot ‘‘(C) SPECIAL RULE.—A majority of the participate in State and district-wide assess- members of the panel shall be individuals public education for children with disabil- ment programs; and with disabilities or parents of children with ities within the State. ‘‘(ii) develops and, beginning not later than disabilities. ‘‘(f) BY-PASS FOR CHILDREN IN PRIVATE July 1, 1999, conducts those alternate assess- ‘‘(D) DUTIES.—The advisory panel shall— SCHOOLS.— ments. ‘‘(i) advise the State educational agency of ‘‘(1) IN GENERAL.—If, on the date of enact- ‘‘(B) REPORTS.—The State educational unmet needs within the State in the edu- ment of the Education of the Handicapped agency makes available to the public, and cation of children with disabilities; Act Amendments of 1983, a State educational reports to the public with the same fre- ‘‘(ii) comment publicly on any rules or reg- agency is prohibited by law from providing quency and in the same detail as it reports ulations proposed by the State regarding— for the participation in special programs of on the assessment of nondisabled children, ‘‘(I) the education of children with disabil- children with disabilities enrolled in private the following: ities; and elementary and secondary schools as re- ‘‘(i) The number of children with disabil- ‘‘(II) the procedures for distribution of quired by subsection (a)(9), the Secretary ities participating in regular assessments. amounts received by the State under a grant shall, notwithstanding such provision of law, ‘‘(ii) The number of those children partici- under this part; arrange for the provision of services to such pating in alternate assessments. ‘‘(iii) advise the State educational agency children through arrangements which shall ‘‘(iii) The performance of those children on in developing evaluations and reporting on be subject to the requirements of such sub- regular assessments (beginning not later data to the Secretary under section 618; section. than July 1, 1997) and on alternate assess- ‘‘(iv) advise the State educational agency ‘‘(2) PAYMENTS.— ments (not later than July 1, 1999), if doing in developing corrective action plans to ad- ‘‘(A) DETERMINATION OF AMOUNTS.—If the so would be statistically sound and would dress findings identified in Federal monitor- Secretary arranges for services pursuant to not result in the disclosure of performance ing reports under this part; and this subsection, the Secretary, after con- results identifiable to individual children. ‘‘(v) advise the State educational agency in sultation with the appropriate public and ‘‘(17) SUPPLEMENTATION OF STATE, LOCAL, developing and implementing policies relat- private school officials, shall pay to the pro- AND OTHER FEDERAL FUNDS.— ing to the coordination of services for chil- vider of such services for a fiscal year an ‘‘(A) IN GENERAL.—The State ensures that dren with disabilities. amount per child that does not exceed the amounts provided under a grant to the State ‘‘(b) STATE EDUCATIONAL AGENCY AS PRO- amount determined by dividing— under this part, except as provided in sub- VIDER OF FREE APPROPRIATE PUBLIC EDU- ‘‘(i) the total amount received by the State paragraph (B), will be used to supplement CATION OR DIRECT SERVICES.—If the State under this part for such fiscal year; by State, local, and other Federal funds (includ- educational agency provides free appropriate ‘‘(ii) the number of children with disabil- ing funds not under the direct control of public education to children with disabil- ities served in the prior year, as reported to State or local educational agencies) ex- ities, or provides direct services to such chil- the Secretary by the State under section 618. pended for special education and related dren, such agency— ‘‘(B) WITHHOLDING OF CERTAIN AMOUNTS.— services, and not to supplant those funds. ‘‘(1) shall comply with any additional re- Pending final resolution of any investigation ‘‘(B) WAIVER.—The Secretary may waive, quirements of section 613(a), as if such agen- or complaint that could result in a deter- in whole or in part, the requirements of sub- cy were a local educational agency; and mination under this subsection, the Sec- paragraph (A) if the Secretary determines ‘‘(2) may use amounts that are otherwise retary may withhold from the allocation of that the State has provided clear evidence available to such agency under this part to the affected State educational agency the that all children with disabilities in the serve those children without regard to sec- amount the Secretary estimates would be State have available a free appropriate pub- tion 613(a)(2)(A)(i) (relating to excess costs). necessary to pay the cost of services de- lic education or that, such a waiver would ‘‘(c) EXCEPTION FOR PRIOR STATE PLANS.— scribed in subparagraph (A). allow the State to improve the delivery of ‘‘(1) IN GENERAL.—If a State has on file ‘‘(C) PERIOD OF PAYMENTS.—The period special education and related services to with the Secretary policies and procedures under which payments are made under sub- children with disabilities in the State. that demonstrate that such State meets any paragraph (A) shall continue until the Sec- ‘‘(18) PUBLIC PARTICIPATION.—Prior to the requirement of subsection (a), including any retary determines that there will no longer adoption of any policies and procedures policies and procedures filed under this part be any failure or inability on the part of the needed to comply with this section (includ- as in effect before the date of the enactment State educational agency to meet the re- ing any amendments to such policies and of the IDEA Improvement Act of 1996, the quirements of subsection (a)(9). procedures), the State ensures that there are Secretary shall consider such State to have ‘‘(3) NOTICE AND HEARING.— public hearings, adequate notice of the hear- met such requirement for purposes of receiv- ‘‘(A) IN GENERAL.—The Secretary shall not ings, and an opportunity for comment avail- ing a grant under this part. take any final action under this subsection able to the general public, including individ- ‘‘(2) MODIFICATIONS MADE BY STATE.—Sub- until the State educational agency affected uals with disabilities and parents of children ject to paragraph (3), an application submit- by such action has had an opportunity, for at with disabilities. ted by a State in accordance with this sec- least 45 days after receiving written notice ‘‘(19) STATE ADVISORY PANEL.— tion shall remain in effect until the State thereof, to submit written objections and to June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6061

appear before the Secretary or the Sec- and implement a coordinated services sys- ‘‘(d) LOCAL EDUCATIONAL AGENCY COMPLI- retary’s designee to show cause why such ac- tem. ANCE.— tion should not be taken. ‘‘(B) EXCEPTION.—Notwithstanding the re- ‘‘(1) IN GENERAL.—If the State educational ‘‘(B) REVIEW OF ACTION.—If a State edu- striction in subparagraph (A)(iii), a local agency, after reasonable notice and an op- cational agency is dissatisfied with the Sec- education agency may reduce the level of ex- portunity for a hearing, finds that a local retary’s final action after a proceeding under penditures where such reduction is attrib- educational agency or State agency that has subparagraph (A), such agency may, not utable to— been determined to be eligible under this later than 60 days after notice of such ac- ‘‘(i) the departure, by retirement or other- section is failing to comply with any require- tion, file with the United States court of ap- wise, of special education personnel; ment described in subsection (a), the State peals for the circuit in which such State is ‘‘(ii) a decrease in the enrollment of chil- educational agency shall reduce or shall not located a petition for review of that action. dren with disabilities; provide any further payments to the local A copy of the petition shall be forthwith ‘‘(iii) the termination of the obligation of educational agency or State agency until the transmitted by the clerk of the court to the the agency, consistent with this part, to pro- State educational agency is satisfied that Secretary. The Secretary thereupon shall vide a program of special education to a par- the local educational agency or State agen- file in the court the record of the proceed- ticular child with a disability that is an ex- cy, as the case may be, is complying with ings on which the Secretary based the Sec- ceptionally costly program, as determined that requirement. retary’s action, as provided in section 2112 of by the State educational agency, because the ‘‘(2) ADDITIONAL REQUIREMENT.—Any State title 28, United States Code. child— agency or local educational agency in re- ‘‘(C) REVIEW OF FINDINGS OF FACT.—The ‘‘(I) has left the jurisdiction of the agency; ceipt of a notice described in paragraph (1) findings of fact by the Secretary, if sup- ‘‘(II) has reached the age at which the obli- shall, by means of public notice, take such ported by substantial evidence, shall be con- gation of the agency to provide a free appro- measures as may be necessary to bring the clusive, but the court, for good cause shown, priate public education to the child has ter- pendency of an action pursuant to this sub- may remand the case to the Secretary to minated; or section to the attention of the public within take further evidence, and the Secretary ‘‘(III) no longer needs such program of spe- the jurisdiction of such agency. may thereupon make new or modified find- cial education; or ‘‘(3) CONSIDERATION.—In carrying out its ings of fact and may modify the Secretary’s ‘‘(iv) the termination of costly expendi- responsibilities under paragraph (1), the previous action, and shall file in the court tures for long-term purchases, such as the State educational agency shall consider any the record of the further proceedings. Such acquisition of equipment or the construction decision made in a hearing held under sec- new or modified findings of fact shall like- of school facilities. tion 615 that is adverse to the local edu- wise be conclusive if supported by substan- ‘‘(3) INFORMATION FOR STATE EDUCATIONAL cational agency or State agency involved in tial evidence. AGENCY.—The local educational agency shall that decision. provide the State educational agency with ‘‘(D) JURISDICTION OF COURT OF APPEALS; ‘‘(e) JOINT ESTABLISHMENT OF ELIGI- information necessary to enable the State REVIEW BY UNITED STATES SUPREME COURT.— BILITY.— educational agency to carry out its duties Upon the filing of a petition under subpara- ‘‘(1) IN GENERAL.—A State educational graph (B), the United States court of appeals under this part, including, with respect to agency may require a local educational shall have jurisdiction to affirm the action paragraphs (14) and (15) of section 612(a), in- agency to establish its eligibility jointly of the Secretary or to set it aside, in whole formation relating to the performance of with another local educational agency if the or in part. The judgment of the court shall children with disabilities participating in State educational agency determines that be subject to review by the Supreme Court of programs carried out under this part. the local educational agency would be ineli- the United States upon certiorari or certifi- ‘‘(4) PUBLIC INFORMATION.—The local edu- gible under this section because the local cation as provided in section 1254 of title 28, cational agency shall make available to par- educational agency would not be able to es- United States Code. ents of children with disabilities and to the tablish and maintain programs of sufficient general public all documents relating to the size and scope to effectively meet the needs ‘‘SEC. 613. LOCAL EDUCATIONAL AGENCY RE- eligibility of such agency under this part. QUIREMENTS. of children with disabilities. ‘‘(b) EXCEPTION FOR PRIOR LOCAL PLANS.— ‘‘(2) AMOUNT OF PAYMENTS.—If a State edu- ‘‘(a) IN GENERAL.—A local educational ‘‘(1) IN GENERAL.—If a local educational cational agency requires the joint establish- agency shall be eligible for assistance under agency or State agency has on file with the ment of eligibility under paragraph (1), the this part for any fiscal year if, except as pro- State educational agency policies and proce- total amount of funds made available to the vided in subsection (b), such agency submits dures that demonstrate that such local edu- affected local educational agencies shall be to the State educational agency information cational agency, or such State agency, as the equal to the sum of the payments that each that demonstrates to the satisfaction of the case may be, meets any requirement of sub- such local educational agency would have re- State educational agency the following: section (a), including any policies and proce- ceived under section 611(c) if such agencies ‘‘(1) CONSISTENCY WITH STATE POLICIES.— dures filed under this part as in effect before were eligible for such payments. The local educational agency, in providing the date of the enactment of IDEA Improve- ‘‘(3) REQUIREMENTS.—Local educational for the education of children with disabil- ment Act of 1996, the State educational agen- agencies that establish joint eligibility ities within its jurisdiction, has in effect cy shall consider such local educational under this subsection shall— policies, procedures, and programs that are agency or State agency, as the case may be, ‘‘(A) adopt policies and procedures that are consistent with the State policies and proce- to have met such requirement for purposes of consistent with the State’s policies and pro- dures established under section 612. receiving assistance under this part. cedures under section 612(a); and ‘‘(2) USE OF AMOUNTS.— ‘‘(2) MODIFICATION MADE BY LOCAL EDU- ‘‘(B) be jointly responsible for implement- ‘‘(A) IN GENERAL.—Amounts provided to CATIONAL AGENCY.—Subject to paragraph (3), ing programs that receive assistance under the local educational agency under this an application submitted by a local edu- this part. part— cational agency in accordance with this sec- ‘‘(4) REQUIREMENTS FOR EDUCATIONAL SERV- ‘‘(i) shall be used only to pay the excess tion shall remain in effect until the such ICE AGENCIES.— costs of providing special education and re- agency submits to the State educational ‘‘(A) IN GENERAL.—If an educational service lated services to children with disabilities; agency such modifications as the local edu- agency is required by State law to carry out ‘‘(ii) shall be used to supplement State, cational agency deems necessary. programs under this part, the joint respon- local, and other Federal funds and not to ‘‘(3) MODIFICATIONS REQUIRED BY STATE sibilities given to local educational agencies supplant such funds; EDUCATIONAL AGENCY.—The State edu- under this subsection shall— ‘‘(iii) except as provided in subparagraph cational agency may require a local edu- ‘‘(i) not apply to the administration and (B), may not be used to reduce the level of cational agency to amend its application at disbursement of any payments received by expenditures for the education of children anytime as a result of the compliance re- that educational service agency; and with disabilities made by the local edu- views of the State educational agency under ‘‘(ii) be carried out only by that edu- cational agency from State or local funds parts B and C. This paragraph shall apply to cational service agency. below the level of those expenditures for the a modification to an application to the same ‘‘(B) ADDITIONAL REQUIREMENT.—Notwith- preceding fiscal year; extent and in the same manner as this sec- standing any other provision of this sub- ‘‘(iv) may be used, notwithstanding clause tion applies to the original plan. section, an educational service agency shall (i) or any other provision of this part, for the ‘‘(c) NOTIFICATION OF LOCAL EDUCATIONAL costs of special education and related serv- AGENCY OR STATE AGENCY IN CASE OF INELI- provide for the education of children with ices provided in a regular class or other edu- GIBILITY.—If the State educational agency disabilities in the least restrictive environ- cation related setting to a child with a dis- determines that a local educational agency ment, as required by section 612(a)(4). ability in accordance with the child’s indi- or State agency is not eligible under this ‘‘(f) COORDINATED SERVICES SYSTEM.— vidualized education program, even if one or section, the State educational agency shall ‘‘(1) IN GENERAL.—A local educational more nondisabled children benefit from notify such local educational agency or agency may not use more than 5 percent of those services; and State agency, as the case may be, of that de- the amount such agency receives under this ‘‘(v) may be used, in accordance with sub- termination and shall provide such local edu- part for any fiscal year, in combination with section (f) and notwithstanding clause (i) or cational agency or State agency with reason- other amounts (which shall include amounts any other provision of this part, to develop able notice and an opportunity for a hearing. other than education funds), to develop and H6062 CONGRESSIONAL RECORD — HOUSE June 10, 1996 implement a coordinated services system de- and procedural safeguards described in this ‘‘(ii) are provided and administered in the signed to improve results for children and part; and child’s native language or other mode of families, including children with disabilities ‘‘(2) the agency meets such other condi- communication, unless it is clearly not fea- and their families. tions of this section as the Secretary deter- sible to do so; and ‘‘(2) ACTIVITIES.—In implementing a co- mines to be appropriate. ‘‘(B) any standardized tests that are given ordinated services system under this sub- ‘‘SEC. 614. EVALUATIONS, REEVALUATIONS, INDI- to the child— section, a local educational agency may VIDUALIZED EDUCATION PRO- ‘‘(i) have been validated for the specific carry out activities which include— GRAMS, AND EDUCATIONAL PLACE- purpose for which they are used; ‘‘(A) improving the effectiveness and effi- MENTS. ‘‘(ii) are administered by qualified person- ciency of service delivery, including develop- ‘‘(a) EVALUATIONS AND REEVALUATIONS.— nel; and ing strategies that promote accountability ‘‘(1) INITIAL EVALUATIONS.— ‘‘(iii) are administered in accordance with for results; ‘‘(A) IN GENERAL.—A State educational any instructions provided by the producer of ‘‘(B) service coordination and case manage- agency, other State agency, or local edu- such tests; and ment that facilitates the linkage of individ- cational agency shall conduct an initial ‘‘(C) the child is assessed in all areas of ualized education programs under this part evaluation, in accordance with this para- suspected disability. and individualized family service plans under graph and subsection (b), before the initial ‘‘(4) DETERMINATION OF ELIGIBILITY.—Upon part C with individualized service plans provision of special education and related completion of administration of tests and under multiple Federal and State programs, services to a child with a disability under other evaluation materials— such as title I of the Rehabilitation Act of this part. ‘‘(A) the determination of whether the 1973 (vocational rehabilitation), title XIX of ‘‘(B) PROCEDURES.—Such initial evaluation child is a child with a disability as defined in the Social Security Act (Medicaid), and title shall consist of procedures— section 602(3) or section 602(3)(B) will be XVI of the Social Security Act (supple- ‘‘(i) to determine whether a child is a child made by a team of qualified professionals mental security income); with a disability (as defined in section and the parent of the child in accordance ‘‘(C) developing and implementing inter- 602(3)); and with paragraph (5); and agency financing strategies for the provision ‘‘(ii) to determine the educational needs of ‘‘(B) a copy of the evaluation report and of education, health, mental health, and so- such child. the documentation of determination of eligi- cial services, including transition services ‘‘(C) PARENTAL CONSENT.— bility will be given to the parent. and related services under this title; and ‘‘(i) IN GENERAL.—The agency proposing to ‘‘(5) SPECIAL RULE FOR ELIGIBILITY DETER- ‘‘(D) interagency personnel development conduct an initial evaluation to determine if MINATION.—In making a determination of eli- for individuals working on coordinated serv- the child qualifies as a child with a disability gibility under paragraph (4)(A), a child shall ices. as defined in section 602(3)(A) or 602(3)(B) not be determined to be a child with a dis- ‘‘(3) COORDINATION WITH CERTAIN PROJECTS shall obtain an informed consent from the ability based on any of the following: UNDER ELEMENTARY AND SECONDARY EDU- parent of such child before the evaluation is ‘‘(A) Lack of instruction, including in- CATION ACT OF 1965.—If a local educational conducted. Parental consent for evaluation struction in reading or math. agency is carrying out a coordinated services shall not be construed as consent for place- ‘‘(B) Limited English proficiency. project under title XI of the Elementary and ment for receipt of special education and re- ‘‘(C) Cultural or environmental factors. Secondary Education Act of 1965 and a co- lated services. ‘‘(D) Economic disadvantage. ordinated services project under this part in ‘‘(ii) REFUSAL.—If the parents of such child ‘‘(c) REEVALUATION PROCEDURES.— the same schools, such agency shall use refuse consent for the evaluation, the agency ‘‘(1) IN GENERAL.—As part of any reevalua- amounts under this subsection in accordance may continue to pursue an evaluation by tion to assess a child under this section, the with the requirements of that title. utilizing the mediation and due process pro- individualized education program team and ‘‘(g) DIRECT SERVICES BY THE STATE EDU- cedures under section 615(e). other qualified professionals, as appropriate, CATIONAL AGENCY.— ‘‘(2) REEVALUATIONS.—A local educational shall— ‘‘(1) IN GENERAL.—A State educational agency shall ensure that a reevaluation of ‘‘(A) review existing evaluation data on the agency shall use the payments that would each child with a disability is conducted— child, including current classroom-based as- otherwise have been available to a local edu- ‘‘(A) if conditions warrant a reevaluation sessments and teacher and related services cational agency or to a State agency to pro- or if the child’s parent or teacher requests a providers observation; and vide special education and related services reevaluation, but at least once every 3 years; ‘‘(B) on the basis of that review and input directly to children with disabilities residing and from the child’s parents, identify what addi- in the area served by that local agency, or ‘‘(B) in accordance with subsections (b) and tional data, if any, are needed to determine— for whom that State agency is responsible, if (c). ‘‘(i) whether the child continues to have a the State educational agency determines ‘‘(b) EVALUATION PROCEDURES.— disability, as described in section 602(3)(A)(i) that the local education agency or State ‘‘(1) NOTICE.—The local educational agency or section 602(3)(B); agency, as the case may be— shall provide notice to the parents of a child ‘‘(ii) the child’s present levels of perform- ‘‘(A) has not provided the information with a disability, in accordance with sub- ance and educational needs; and needed to establish the eligibility of such sections (b)(3), (b)(4), and (c) of section 615, ‘‘(iii)(I) whether the child continues to agency under this section; that describes any evaluation procedures need special education and related services; ‘‘(B) is unable to establish and maintain such agency proposes to conduct. and programs of free appropriate public edu- ‘‘(2) CONDUCT OF EVALUATION.—In conduct- ‘‘(II) if so, any additions or modifications cation that meet the requirements of sub- ing the evaluation, the local educational to the special education and related services section (a); agency shall— to enable the child to meet the objectives set ‘‘(C) is unable or unwilling to be consoli- ‘‘(A) use a variety of assessment tools and out in the individualized education program dated with one or more local educational strategies to gather relevant functional and of the child and to participate, as appro- agencies in order to establish and maintain developmental information, including infor- priate, in the general curriculum. such programs; or mation provided by the parent, that may as- ‘‘(2) TESTS AND OTHER EVALUATION MATE- ‘‘(D) has one or more children with disabil- sist in determining whether the child is a RIALS.—The local educational agency shall ities who can best be served by a regional or child with a disability and the content of the administer such tests and other evaluation State program or service delivery system de- child’s individualized education program, in- materials as may be needed to produce the signed to meet the needs of such children. cluding information related to enabling the data identified by the IEP Team under para- ‘‘(2) MANNER AND LOCATION OF EDUCATION child to be involved in and progress in the graph (1)(B). AND SERVICES.—The State educational agen- general curriculum or, for preschool chil- ‘‘(3) REQUIREMENTS IF ADDITIONAL DATA NOT cy may provide special education and related dren, to participate in appropriate activities; NEEDED.—If the IEP Team and other quali- services under paragraph (1) in such manner ‘‘(B) not use any single procedure as the fied professionals, as appropriate, determines and at such locations (including regional or sole criterion for determining whether a that no additional data are needed to deter- State centers) as the State agency considers child is a child with a disability or determin- mine whether the child continues to be a appropriate. Such education and services ing an appropriate educational program for child with a disability, the local educational shall be provided in accordance with this the child; and agency— part. ‘‘(C) use technically sound instruments ‘‘(A) shall notify the child’s parents of— ‘‘(h) STATE AGENCY ELIGIBILITY.—Any that may assess the relative contribution of ‘‘(i) that determination and the reasons for State agency that desires to receive a cognitive and behavioral factors, in addition it; and subgrant for any fiscal year under section to physical or developmental factors. ‘‘(ii) the right of such parents to request an 611(c) shall demonstrate to the satisfaction ‘‘(3) ADDITIONAL REQUIREMENTS.—Each assessment to determine whether the child of the State educational agency that— local educational agency shall ensure that— continues to be a child with a disability; and ‘‘(1) all children with disabilities who are ‘‘(A) tests and other evaluation materials ‘‘(B) shall not be required to conduct such participating in programs and projects fund- used to assess a child under this section— an assessment unless requested to by the ed under this part receive a free appropriate ‘‘(i) are selected and administered so as not child’s parents. public education, and that those children to be discriminatory on a racial or cultural ‘‘(d) INDIVIDUALIZED EDUCATION PRO- and their parents are provided all the rights basis; and GRAMS.— June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6063

‘‘(1) REQUIREMENT THAT PROGRAM BE IN EF- ‘‘(IV) the child’s anticipated needs as oth- ‘‘(e) EDUCATIONAL PLACEMENTS.—Each FECT.— erwise appropriate. local educational agency or State edu- ‘‘(A) IN GENERAL.—At the beginning of each ‘‘(B) CERTAIN CHILDREN WITH DISABILITIES.— cational agency shall ensure that the par- school year, each local educational agency, ‘‘(i) IN GENERAL.—In the case of a child ents of each child with a disability are mem- or State educational agency, as the case may with a disability who has demonstrated a bers of any group that makes decisions on be, shall have in effect, for each child with a pattern of behavior that significantly im- the educational placement of their child. disability in its jurisdiction, an individual- pairs the education of the child, or the edu- ‘‘SEC. 615. PROCEDURAL SAFEGUARDS. ized education program, as defined in section cation of the classmates of the child, and the ‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any 602(11). ability of the teacher of the child to teach, if State educational agency or local edu- ‘‘(B) PROGRAM FOR CHILD AGED 3 TO 5.—In such teacher initiates or requests an IEP cational agency that receives assistance the case of a child with a disability aged 3 to meeting, then the appropriate authority under this part shall establish and maintain 5, inclusive, an individualized family service shall convene an IEP meeting to review the procedures in accordance with this section to plan that contains the material described in child’s educational program, related serv- assure that children with disabilities and section 636, and that is developed in accord- ices, supplementary aids and services, and their parents are guaranteed procedural safe- ance with this section, may serve as the IEP placement. guards with respect to the provision of free of the child if using that plan as the IEP is— appropriate public education by such agen- ‘‘(ii) REVIEW OF IEP.—In carrying out a re- cies. ‘‘(i) consistent with State policy; and view of the IEP of the child, the IEP Team ‘‘(b) TYPES OF PROCEDURES.—The proce- ‘‘(ii) agreed to by the agency and the shall determine— child’s parents. dures required by this section shall include— ‘‘(I) the appropriateness of the current IEP ‘‘(2) DEVELOPMENT OF IEP.— ‘‘(1) an opportunity for the parents of a of the child; ‘‘(A) IN GENERAL.—An individualized edu- child with a disability to examine all records ‘‘(II) whether or not special education and cation program team shall develop the IEP relating to such child and to participate in related services have been appropriately pro- described in paragraph (1). In developing meetings with respect to the identification, vided to the child; such IEP, the IEP Team, subject to subpara- evaluation, and educational placement of the ‘‘(III) whether or not other supplementary graph (B), shall— child, and the provision of a free appropriate aids or services, including teacher training, ‘‘(i) consider the child’s strengths and the public education to such child, and to obtain parents’ concerns for enhancing their child’s are needed to address the behavior of the an independent educational evaluation of the education; child; and child; ‘‘(ii) consider the results of the initial ‘‘(IV) subject to clauses (iii) and (iv), ‘‘(2) procedures to protect the rights of the evaluation or most recent reevaluation; whether or not the placement of the child child whenever the parents of the child are ‘‘(iii) in the case of a child whose behavior should be changed. not known, the agency cannot, after reason- impedes his or her learning or that of others, ‘‘(iii) DETERMINATION OF CHANGE IN PLACE- able efforts, locate the parents, or the child consider, when appropriate, strategies, in- MENT.—Prior to proposing a change in the is a ward of the State, including the assign- cluding positive behavior management inter- placement of the child, the IEP Team shall ment of an individual (who shall not be an ventions and strategies to help the child be- first consider and then document the follow- employee of the State educational agency, have in an appropriate and responsible man- ing: the local educational agency, or any other ner conducive to learning; ‘‘(I) The cumulative record over a reason- agency that is involved in the education or ‘‘(iv) in the case of a child with limited able period of time describing the frequent care of the child) to act as a surrogate for English proficiency, consider the language behaviors exhibited by the child that signifi- the parents; needs of the child as such needs relate to the cantly impairs the education of the child, ‘‘(3) written prior notice to the parents of child’s IEP; the education of the classmates of the child, the child whenever such agency— ‘‘(v) in the case of a child who is blind or and the ability of the teacher of the child to ‘‘(A) proposes to initiate or change; or visually impaired, provide for instruction in teach. ‘‘(B) refuses to initiate or change; braille and the use of braille unless all mem- ‘‘(II) Documentation of the efforts made to the identification, evaluation, or educational bers of the IEP Team concur that, after an address the behavior of the child, the use of placement of the child, in accordance with evaluation of the child’s reading and writing supplementary services or strategies (includ- subsection (c), or the provision of a free ap- skills, needs, and appropriate reading and ing the use of behavior management plans) propriate public education to the child; writing media (including an evaluation of that have been implemented over a reason- ‘‘(4) procedures designed to assure that the the child’s future needs for instruction in able period of time and have failed to address notice required by paragraph (3) is in the na- braille or the use of braille), instruction in the behavior of the child in a manner that tive language of the parents, unless it clear- braille or the use of braille is not appropriate would enable the child to remain in the cur- ly is not feasible to do so; for the child; rent educational placement of the child ‘‘(5) an opportunity for mediation in ac- ‘‘(vi) consider the communication needs of without significantly impairing the edu- cordance with subsection (e); the child, and in the case of a child who is cation of the child, the education of the ‘‘(6) an opportunity to present complaints deaf, hard-of-hearing, blind, or communica- classmates of the child, and the ability of with respect to any matter relating to the tively disabled, consider the language and the teacher of the child to teach. identification, evaluation, or educational communication needs of the child; and ‘‘(III) The training made available to the placement of the child, or the provision of a ‘‘(vii) consider whether the child requires teacher or teachers of the child. free appropriate public education to such assistive technology services or devices. ‘‘(iv) EXPEDITED DUE PROCESS HEARING.—If child; ‘‘(B) REQUIREMENT WITH RESPECT TO REGU- the IEP Team determines that a change in ‘‘(7) procedures that require the parent of a LAR EDUCATION TEACHER.—The regular edu- placement of the child is appropriate, and child with a disability, or the attorney rep- cation teacher of the child, as a member of the parents of the child disagree with such resenting the child, to provide notice (which the IEP Team, shall, to the extent appro- determination, then either party may re- shall remain confidential)— priate, participate in the development of the quest an expedited due process hearing in ac- ‘‘(A) to the State educational agency or IEP of the child, including the determination cordance with section 615(f)(2). local educational agency, as the case may be, of appropriate positive behavior-manage- ‘‘(C) REQUIREMENT WITH RESPECT TO REGU- in the complaint filed under paragraph (6); ment interventions and strategies consistent LAR EDUCATION TEACHER.—The regular edu- and with subparagraph (A)(iii) of this paragraph, cation teacher of the child, as a member of ‘‘(B) that shall include— and the determination of supplementary aids the IEP Team, shall, to the extent appro- ‘‘(i) the name of the child, the address of and services, program modifications, and priate, participate in the review and revision the residence of the child, and the name of support for school personnel consistent with of the IEP of the child. the school at which the child is attending; section 602(11)(E). ‘‘(4) FAILURE TO MEET TRANSITION OBJEC- ‘‘(ii) a description of the nature of the ‘‘(3) REVIEW AND REVISION OF IEP.— TIVES.—If a participating agency, other than problem of the child relating to such pro- ‘‘(A) IN GENERAL.—The local educational the local educational agency, fails to provide posed initiation or change, including facts agency shall ensure that, subject to subpara- the transition services described in the IEP relating to such problem; and graph (C), the IEP Team— in accordance with section 602(11)(F)(ii), the ‘‘(iii) the proposed resolution of the prob- ‘‘(i) reviews each IEP at least once a year local educational agency shall reconvene the lem; and to determine whether the annual goals for IEP Team to identify alternative strategies ‘‘(8) procedures that require the State edu- the child are being achieved; and to meet the transition objectives for the cational agency to develop a model form to ‘‘(ii) revises the IEP to address— child set out in that program. assist parents in filing a complaint in ac- ‘‘(I) any lack of expected progress toward ‘‘(5) RULE OF CONSTRUCTION.—Nothing in cordance with paragraph (7). the annual goals and in the general curricu- this subsection shall be construed— ‘‘(c) CONTENT OF PRIOR WRITTEN NOTICE.— lum, where appropriate; ‘‘(A) to decrease the amount of informa- The notice required by subsection (b)(3) shall ‘‘(II) the results of any reevaluation con- tion that a parent receives concerning the include— ducted under this section; progress of the child of such parent; or ‘‘(1) a description of the action proposed or ‘‘(III) information about the child provided ‘‘(B) to increase the amount of paperwork refused by the agency; to, or by, the parents, as described in section for the teachers, related services personnel, ‘‘(2) an explanation of why the agency pro- 602(11)(F)(ii); or and administrators of such child. poses or refuses to take the action; H6064 CONGRESSIONAL RECORD — HOUSE June 10, 1996 ‘‘(3) a description of any other options that shall be held in a location that is convenient such decision. The officer conducting such the agency considered and the reasons why to the parties to the dispute. review shall make an independent decision those options were rejected; ‘‘(E) An agreement reached by the parties upon completion of such review. ‘‘(4) a description of each evaluation proce- to the dispute in the mediation process shall ‘‘(h) SAFEGUARDS.—Any party to a hearing dure, test, record, or report the agency used be set forth in a written mediation agree- conducted pursuant to subsection (f), or an as a basis for the proposed or refused action; ment. appeal conducted pursuant to subsection (g), ‘‘(5) a description of any other factors that ‘‘(F) Discussions that occur during the me- shall be accorded— are relevant to the agency’s proposal or re- diation process shall be confidential and may ‘‘(1) the right to be accompanied and ad- fusal; and not be used as evidence in any subsequent vised by counsel and by individuals with spe- ‘‘(6) a statement that the parents of a child due process hearings or civil proceedings, cial knowledge or training with respect to with a disability have protection under the and the parties to the mediation process may the problems of children with disabilities; procedural safeguards of this title and, if be required to sign a confidentiality pledge ‘‘(2) the right to present evidence and this notice is not an initial referral for eval- prior to the commencement of such process. confront, cross-examine, and compel the at- uation, the means by which a copy of a de- ‘‘(G) The State shall determine whether or tendance of witnesses; scription of the procedural safeguards can be not attorneys may attend or otherwise par- ‘‘(3) the right to a written, or, at the op- obtained. ticipate in the mediation process after offer- tion of the parents, electronic verbatim ‘‘(d) PROCEDURAL SAFEGUARDS NOTICE.— ing the opportunity for parents and rep- record of such hearing; and ‘‘(1) IN GENERAL.—A copy of the procedural resentatives of school districts to participate ‘‘(4) the right to written, or, at the option safeguards available to the parents of a child in the mediation process prior to any due of the parents, electronic findings of fact and with a disability shall be given to the par- process filing without attorneys present. decisions (which findings and decisions shall ents, at a minimum— ‘‘(f) IMPARTIAL DUE PROCESS HEARING.— be made available to the public consistent ‘‘(A) upon initial referral for evaluation; ‘‘(1) IN GENERAL.—Whenever a complaint with the requirements of section 617(c) (re- ‘‘(B) upon each notification of an individ- has been received under section 614(d)(3)(B), lating to the confidentiality of data, infor- ualized education program meeting and upon or subsection (b)(6) or (k) of this section, the mation, and records) and shall also be trans- reevaluation of the child; and parents involved in such complaint shall mitted to the advisory panel established pur- ‘‘(C) upon registration of a complaint have an opportunity for an impartial due suant to section 612(a)(18)). under subsection (b)(6). process hearing which shall be conducted by ‘‘(i) ADMINISTRATIVE PROCEDURES.— ‘‘(2) CONTENTS.—The procedural safeguards the State educational agency or by the local ‘‘(1) IN GENERAL.—A decision made in a notice shall include a full explanation of the educational agency, as determined by State hearing conducted pursuant to subsection (f) procedural safeguards written in the native law or by the State educational agency. shall be final, except that any party involved language of the parents, unless not feasible ‘‘(2) DISCLOSURE OF EVALUATIONS AND REC- in such hearing may appeal such decision to do so, and written in an easily under- OMMENDATIONS.— under the provisions of subsection (g) and standable manner, available under this sec- ‘‘(A) IN GENERAL.—At least 10 school days paragraph (2) of this subsection. tion and under regulations promulgated by prior to a hearing conducted pursuant to ‘‘(2) RIGHT TO BRING CIVIL ACTION.— the Secretary relating to— paragraph (1), each party shall disclose to all ‘‘(A) IN GENERAL.—Any party aggrieved by ‘‘(A) independent educational evaluation; other parties all evaluations and rec- the findings and decision made under sub- ‘‘(B) prior written notice; ommendations based on the offering party’s section (f) who does not have the right to an ‘‘(C) parental consent; evaluations which the party intends to use appeal under subsection (g), and any party ‘‘(D) access to educational records; at the hearing. aggrieved by the findings and decision under ‘‘(E) opportunity to present complaints; ‘‘(B) PROHIBITION.—Any party which fails this subsection, shall have the right to bring ‘‘(F) the child’s placement during pendency to meet the requirement of subparagraph (A) a civil action with respect to the complaint of due process proceedings; shall be barred from introducing such eval- presented pursuant to this section, which ac- ‘‘(G) procedures for students who are sub- uations and recommendations at such hear- tion may be brought in any State court of ject to placement in an interim alternative ing. competent jurisdiction or in a district court educational setting; ‘‘(3) LIMITATION ON CONDUCT OF HEARING.—A of the United States without regard to the ‘‘(H) requirements for unilateral placement hearing conducted pursuant to paragraph (1) amount in controversy. by parents of children in private schools at may not be conducted by an employee of the ‘‘(B) ADDITIONAL REQUIREMENTS.—In any public expense; State educational agency or the local edu- action brought under this paragraph the ‘‘(I) mediation; cational agency involved in the education or court— ‘‘(J) due process hearings, including re- care of the child. ‘‘(i) shall receive the records of the admin- quirements for disclosure of evaluation re- ‘‘(4) ADDITIONAL REQUIREMENTS WITH RE- istrative proceedings; sults and recommendations; SPECT TO HEARINGS FOR CERTAIN CHILDREN ‘‘(ii) shall hear additional evidence at the ‘‘(K) State-level appeals (if applicable in WITH DISABILITIES.—A hearing conducted pur- request of a party; and that State); suant to paragraph (1) that is based upon a ‘‘(iii) basing its decision on the preponder- ‘‘(L) civil actions; and complaint received under section 614(d)(3)(B) ance of the evidence, shall grant such relief ‘‘(M) attorney’s fees. shall, in addition to the requirements con- as the court determines is appropriate. ‘‘(e) MEDIATION.— tained in this subsection, comply with the ‘‘(3) JURISDICTION OF DISTRICT COURTS; AT- ‘‘(1) IN GENERAL.—Any State educational following additional requirements: TORNEYS’ FEES.— agency or local educational agency that re- ‘‘(A) In determining whether or not the de- ‘‘(A) IN GENERAL.—The district courts of ceives assistance under this part shall ensure cision by the IEP Team to change the place- the United States shall have jurisdiction of that procedures are established and imple- ment of the child is justified and appro- actions brought under this section without mented to allow parties to disputes involving priate, the hearing officer shall, at a mini- regard to the amount in controversy. the provision of free appropriate public edu- mum, review the information under clause ‘‘(B) AWARD OF ATTORNEYS’ FEES.—In any cation to children with disabilities by any (iii) of such section. action or proceeding brought under this sec- such State educational agency or local edu- ‘‘(B) The child shall remain in the current tion, the court, in its discretion, may award cational agency to resolve such disputes educational placement of the child until the reasonable attorneys’ fees as part of the through a mediation process. hearing officer reaches a final decision under costs to the parents of a child or youth with ‘‘(2) REQUIREMENTS.—Such procedures shall this subsection. a disability who is the prevailing party. meet the following requirements: ‘‘(C) The hearing officer shall make a de- ‘‘(C) DETERMINATION OF AMOUNT OF ATTOR- ‘‘(A) The procedures shall ensure that the termination of findings and reach a final de- NEYS’ FEES.—Fees awarded under this para- mediation process— cision not later than 20 days after the first graph shall be based on rates prevailing in ‘‘(i) is voluntary on the part of the parents day of the hearing, or, at the discretion of the community in which the action or pro- and may be terminated by either party after the hearing officer, not later than 30 days ceeding arose for the kind and quality of a good faith effort has been made by the after such first day of the hearing. services furnished. No bonus or multiplier party terminating the mediation process; ‘‘(D) The placement of the child, including may be used in calculating the fees awarded and the placement of the child during any due under this subsection. ‘‘(ii) is conducted by a qualified and impar- process or judicial proceeding, shall be deter- ‘‘(D) PROHIBITION OF ATTORNEYS’ FEES AND tial mediator who is trained in effective me- mined in accordance with the final decision RELATED COSTS FOR CERTAIN SERVICES.—(i) diation techniques. of the hearing officer under this subsection, Attorneys’ fees may not be awarded and re- ‘‘(B) The State shall maintain a list of in- unless the parents and the State or local lated costs may not be reimbursed in any ac- dividuals who are qualified mediators and educational agency agree otherwise. tion or proceeding under this subsection for knowledgeable in laws and regulations relat- ‘‘(g) APPEAL.—If the hearing required by services performed subsequent to the time of ing to the provision of special education and subsection (f) is conducted by a local edu- a written offer of settlement to a parent if— related services. cational agency, any party aggrieved by the ‘‘(I) the offer is made within the time pre- ‘‘(C) The State shall bear the cost of the findings and decision rendered in such a scribed by Rule 68 of the Federal Rules of mediation process. hearing may appeal such findings and deci- Civil Procedure or, in the case of an adminis- ‘‘(D) Each session in the mediation process sion to the State educational agency. Such trative proceeding, at any time more than shall be scheduled in a timely manner and agency shall conduct an impartial review of ten days before the proceeding begins; June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6065 ‘‘(II) the offer is not accepted within 10 ‘‘(iii) the child causes serious injury while termination of the hearing officer may initi- days; and at school or at a school function under the ate a due process hearing as described in sub- ‘‘(III) the court or administrative hearing jurisdiction of a State or a local educational section (f). officer finds that the relief finally obtained agency. ‘‘(6) DETERMINATION THAT BEHAVIOR WAS by the parents is not more favorable to the ‘‘(2) AUTHORITY OF HEARING OFFICER.—A NOT MANIFESTATION OF DISABILITY.— parents than the offer of settlement. hearing officer under this section may, to ‘‘(A) IN GENERAL.—If the result of the re- ‘‘(ii) Attorneys’ fees may not be awarded the same extent as a court, order a change in view described in paragraph (4) is a deter- relating to any meeting of the IEP Team un- the placement of a child with a disability to mination that the behavior of the child with less such meeting is convened as a result of an appropriate interim alternative edu- a disability was not a manifestation of such a judicial action or proceeding. cational setting for not more than 45 school child’s disability, the relevant disciplinary ‘‘(E) EXCEPTION TO PROHIBITION ON ATTOR- days if— procedures applicable to children without NEYS’ FEES AND RELATED COSTS.—Notwith- ‘‘(A) the maintenance of the current place- disabilities may be applied in the same man- standing subparagraph (D), an award of at- ment of such child is substantially likely to ner in which they would be applied to chil- torneys’ fees and related costs may be made result in injury to the child or to others; and dren without disabilities. If the parents do to a parent who is the prevailing party and ‘‘(B) the hearing officer— not agree with such application, a due proc- who was substantially justified in rejecting ‘‘(i) determines that the public agency has ess hearing, as described in subsection (f), the settlement offer. demonstrated by substantial evidence that may be initiated. Any determination under ‘‘(F) REDUCTION IN AMOUNT OF ATTORNEYS’ the requirement of subparagraph (A) has paragraph (4) that a child’s behavior was not FEES.—Except as provided in subparagraph been met; a manifestation of a disability shall be re- (G), whenever the court finds that— ‘‘(ii) considers the appropriateness of the viewed by a hearing officer under subsection ‘‘(i) the parent, during the course of the ac- child’s current placement; and (f), whether or not the child’s parents re- tion or proceeding, unreasonably protracted ‘‘(iii) considers whether the public agency quest a hearing, before educational services the final resolution of the controversy; has made reasonable efforts to minimize the to the child may be terminated under this ‘‘(ii) the amount of the attorneys’ fees oth- risk of harm including the use of supple- paragraph. During the pendency of such due erwise authorized to be awarded unreason- mentary aids and services. process procedures, the child shall continue ably exceeds the hourly rate prevailing in ‘‘(3) DETERMINATION OF SETTING.—The al- the community for similar services by attor- ternative educational setting described in to receive educational services in the alter- neys of reasonably comparable skill and ex- paragraph (1) or paragraph (2) shall be deter- native educational setting. perience; mined by the individualized education pro- ‘‘(B) SPECIAL RULE.—Where application of ‘‘(iii) the time spent and legal services fur- gram team. the relevant disciplinary procedures in sub- paragraph (A) would result in the expulsion nished were excessive considering the nature ‘‘(4) MANIFESTATION DETERMINATION RE- of the action or proceeding; VIEW.— of the child without the receipt of edu- ‘‘(iv) the attorney representing the parent ‘‘(A) IN GENERAL.—If a change in placement cational services, the child may be expelled did not provide to the school district the ap- or disciplinary proceeding, including expul- only if— propriate information in the due process sion, is contemplated as a result of an action ‘‘(i) the child carries a weapon to school or complaint in accordance with subsection described in paragraph (1) or paragraph (2)— to a school function under the jurisdiction of (b)(7); or ‘‘(i) not later than 3 school days after the a State or local educational agency; or ‘‘(v) the amount of attorneys’ fees re- date on which such action has been taken ‘‘(ii) the child possesses or uses illegal quested is not consistent with the extent of the parents shall be notified of such action; drugs or sells or solicits the sale of medica- the success of the parents; and tions or illegal drugs while at school or a school function under the jurisdiction of a the court shall reduce, accordingly, the ‘‘(ii) not later than 15 school days after the State or local educational agency. amount of the attorneys’ fees awarded under date on which such action has been taken a ‘‘(7) EXPEDITED HEARING.—The State or this subsection. review shall be conducted of the relationship local educational agency shall arrange for an ‘‘(G) EXCEPTION TO REDUCTION IN AMOUNT OF between the child’s disability and the behav- expedited hearing in any case described in ATTORNEYS’ FEES.—The provisions of sub- ior described in paragraph (1). this subsection when requested by the par- paragraph (F) shall not apply in any action ‘‘(B) INDIVIDUALS TO CARRY OUT REVIEW.—A ent. or proceeding if the court finds that the review described in subparagraph (A) shall be ‘‘(8) ADDITIONAL REQUIREMENTS.— State or local educational agency unreason- conducted by the IEP Team and other quali- ‘‘(A) MAINTENANCE OF ALTERNATIVE EDU- ably protracted the final resolution of the fied personnel. CATIONAL SETTING.— If the parent of a child action or proceeding or there was a violation ‘‘(C) CONDUCT OF REVIEW.— described in this section requests a hearing of this section. ‘‘(i) IN GENERAL.—In carrying out a review pursuant to subsection (f), the child shall re- ‘‘(j) MAINTENANCE OF CURRENT EDU- described in subparagraph (A), the individ- main in the alternative educational setting CATIONAL PLACEMENT.—Except as provided in uals described in subparagraph (B) shall con- subsection (k), during the pendency of any sider appropriate factors, including— in which such child was placed during the proceedings conducted pursuant to this sec- ‘‘(I) the appropriateness of the child’s pendency of any proceedings under this sub- tion, unless the State or local educational placement; section, unless the parents and the State or agency and the parents otherwise agree, the ‘‘(II) the consistency of the implementa- local educational agency agree otherwise. child shall remain in the then current edu- tion of the child’s entire IEP, including the ‘‘(B) PROTECTIONS FOR CHILDREN NOT YET cational placement of such child, or, if ap- technical soundness of the behavior strate- ELIGIBLE FOR SPECIAL EDUCATION AND RELAT- plying for initial admission to a public gies used; ED SERVICES.— school, shall, with the consent of the par- ‘‘(III) evaluation and diagnostic results, ‘‘(i) IN GENERAL.—A child who has not been ents, be placed in the public school program which may include any such results supplied determined to be eligible for special edu- until all such proceedings have been com- by the parents or guardian of the child; and cation and related services under this part pleted. ‘‘(IV) observations of the child. and who has engaged in behavior that vio- ‘‘(k) PLACEMENT IN ALTERNATIVE EDU- ‘‘(ii) ADDITIONAL REQUIREMENTS.—The IEP lated any rule or code of conduct of the local CATIONAL SETTING.— Team may determine that the behavior of educational agency, including any behavior ‘‘(1) AUTHORITY OF SCHOOL PERSONNEL.— the child was not a manifestation of such described in paragraph (1), may assert any of School personnel under this section may, to child’s disability only if the IEP Team first the protections provided for in this part if the same extent as a court, order a change in determines that the disability— the local educational agency had knowledge the placement of a child with a disability— ‘‘(I) did not impair the ability of the child (as determined in accordance with this sub- ‘‘(A) to an appropriate interim alternative to understand the impact and consequences paragraph) that the child was a child with a educational setting, another setting, or sus- of the behavior; and disability before the behavior that pension, for not more than 10 school days (to ‘‘(II) did not impair the ability of the child precipitated the disciplinary action oc- the extent such alternatives would be ap- to control the behavior. curred. plied to children without disabilities); and ‘‘(5) DETERMINATION THAT BEHAVIOR WAS ‘‘(ii) BASIS OF KNOWLEDGE.—A local edu- ‘‘(B) to an appropriate interim alternative MANIFESTATION OF DISABILITY.—If the result cational agency shall be deemed to have educational setting for the same amount of of the review described in paragraph (4) is a knowledge that a child is a child with a dis- time that a child without a disability would determination that the behavior of the child ability if— be subject to discipline, but for not more with a disability was a manifestation of such ‘‘(I) the parent of the child has expressed than an additional 45 school days if— child’s disability and the parents of such concern in writing (unless the parent is illit- ‘‘(i) the child carries a weapon to school or child agree with such determination, the erate or has a disability that prevents com- to a school function under the jurisdiction of educational placement of such child may be pliance with the requirements contained in a State or a local educational agency; changed. If the parents do not agree with this subclause) to personnel of the appro- ‘‘(ii) the child possesses or uses illegal such determination or with such changed priate educational agency that the child is in drugs or sells or solicits the sale of medica- educational placement, an immediate appeal need of special education and related serv- tions or illegal drugs while at school or a may be made to a hearing officer to deter- ices; school function under the jurisdiction of a mine whether the child’s placement should ‘‘(II) the behavior of the child dem- State or local educational agency; or be changed. Any party aggrieved by the de- onstrates the need for such services; H6066 CONGRESSIONAL RECORD — HOUSE June 10, 1996 ‘‘(III) the parent of the child has requested be exhausted to the same extent as would be shall be forthwith transmitted by the clerk an evaluation of the child pursuant to sec- required had the action been brought under of the court to the Secretary. The Secretary tion 614; or this part. thereupon shall file in the court the record ‘‘(IV) the teacher of the child, or other per- ‘‘(m) TRANSFER OF PARENTAL RIGHTS AT of the proceedings upon which the Sec- sonnel of the local educational agency, has AGE OF MAJORITY.— retary’s action was based, as provided in sec- expressed concern about the behavior of the ‘‘(1) IN GENERAL.—A State that receives tion 2112 of title 28, United States Code. child to the director of special education of amounts from a grant under this part may ‘‘(2) JURISDICTION; REVIEW BY UNITED such agency or to other personnel of the provide that, when a child with a disability STATES SUPREME COURT.—Upon the filing of agency. reaches the age of majority under State law such petition, the court shall have jurisdic- ‘‘(iii) CONDITIONS THAT APPLY IF NO BASIS OF (except for a child with a disability who has tion to affirm the action of the Secretary or KNOWLEDGE.— been determined to be incompetent under to set it aside, in whole or in part. The judg- ‘‘(I) IN GENERAL.—If a local educational State law)— ment of the court shall be subject to review agency does not have knowledge that a child ‘‘(A) the public agency shall provide any by the Supreme Court of the United States is a child with a disability (in accordance notice required by this section to both the upon certiorari or certification as provided with clause (ii)) prior to taking disciplinary individual and the parents; in section 1254 of title 28, United States measures against the child, the child may be ‘‘(B) all other rights accorded to parents Code. subjected to the same disciplinary measures under this part transfer to the child; ‘‘(3) STANDARD OF REVIEW.—The findings of as measures applied to children without dis- ‘‘(C) the agency shall notify the individual fact by the Secretary, if supported by sub- abilities, who engaged in comparable behav- and the parents of the transfer of rights; and stantial evidence, shall be conclusive, but iors consistent with paragraph (2). ‘‘(D) all rights accorded to parents under the court, for good cause shown, may remand ‘‘(II) LIMITATIONS.—If a request is made for this part transfer to children who are incar- the case to the Secretary to take further evi- an evaluation of a child during the time pe- cerated in an adult or juvenile Federal, dence, and the Secretary may thereupon riod in which the child is subjected to dis- State, or local correctional institution. make new or modified findings of fact and ciplinary measures under paragraph (1), the ‘‘(2) SPECIAL RULE.—If, under State law, a may modify the Secretary’s previous action, evaluation shall be conducted in an expe- child with a disability who has reached the and shall file in the court the record of the dited manner. If the child is determined to age of majority under State law is deter- further proceedings. Such new or modified be a child with a disability, taking into con- mined not to have the ability to provide in- findings of fact shall likewise be conclusive sideration information from the evaluation formed consent with respect to the edu- if supported by substantial evidence. conducted by the agency and information cational program of the child, the State ‘‘SEC. 617. ADMINISTRATION. provided by the parents, the agency shall shall establish procedures for appointing the provide special education and related serv- parent of the child, or another appropriate ‘‘(a) RESPONSIBILITIES OF SECRETARY.—In ices in accordance with the provisions of this individual, to represent the educational in- carrying out this part, the Secretary shall— part, except that, pending the results of the terests of the child throughout the period of ‘‘(1) cooperate with, and (directly or by evaluation, the child shall remain in the edu- eligibility of the child under this part. grant or contract) furnish technical assist- cational placement determined by school au- ‘‘SEC. 616. WITHHOLDING AND JUDICIAL REVIEW. ance necessary to, the State in matters re- thorities. ‘‘(a) WITHHOLDING OF PAYMENTS.— lating to— ‘‘(C) REFERRAL TO AND ACTION BY LAW EN- ‘‘(1) IN GENERAL.—Whenever the Secretary, ‘‘(A) the education of children with disabil- FORCEMENT AND JUDICIAL AUTHORITIES.— after reasonable notice and opportunity for ities; and Nothing in this part shall be construed to hearing to the State educational agency in- ‘‘(B) carrying out this part; and prohibit an agency from reporting a crime volved (and to any local educational agency ‘‘(2) provide short-term training programs committed by a child with a disability to ap- or State agency affected by any failure de- and institutes. propriate authorities or to prevent State law scribed in subparagraph (B)), finds— ‘‘(b) RULES AND REGULATIONS.—In carrying enforcement and judicial authorities from ‘‘(A) that there has been a failure by the out the provisions of this part, the Secretary exercising their responsibilities with regard State to comply substantially with any pro- shall issue regulations under this Act only to to the application of Federal and State law vision of this part; or the extent that such regulations are nec- to crimes committed by a child with a dis- ‘‘(B) that there is a failure to comply with essary to ensure that there is compliance ability. any condition of a local educational agency’s with the specific requirements of this Act. ‘‘(9) DEFINITIONS.—For purposes of this sub- or State agency’s eligibility under this part; section, the following definitions apply: ‘‘(c) CONFIDENTIALITY.—The Secretary shall ‘‘(A) ILLEGAL DRUG.—The term ‘illegal the Secretary shall, after notifying the State take appropriate action, in accordance with drug’— educational agency, withhold any further the provisions of section 444 of the General ‘‘(i) means a controlled substance within payments to the State under this part. Education Provisions Act (20 U.S.C. 1232g), the meaning of any of paragraphs (1) through ‘‘(2) NATURE OF WITHHOLDING.—If the Sec- to assure the protection of the confidential- (5) of section 202 of the Controlled Sub- retary withholds further payments under ity of any personally identifiable data, infor- stances Act (21 U.S.C 812); but paragraph (1), the Secretary may determine mation, and records collected or maintained ‘‘(ii) does not include a controlled sub- that such withholding will be limited to pro- by the Secretary and by State and local edu- stance within the meaning of paragraphs (1) grams or projects, or portions thereof, af- cational agencies pursuant to the provisions through (5) of section 202 of such Act if— fected by the failure, or that the State edu- of this part. ‘‘(I) such controlled substance is legally cational agency shall not make further pay- ‘‘(d) PERSONNEL.—The Secretary is author- possessed or used under the supervision of a ments under this part to specified local edu- ized to hire qualified personnel necessary to licensed health care professional; or cational agencies or State agencies affected conduct data collection and evaluation ac- ‘‘(II) such controlled substance is legally by the failure. Until the Secretary is satis- tivities authorized by subsection (a) and sec- possessed or used under any other authority fied that there is no longer any failure to tion 618 without regard to the provisions of under such Act or under any other provision comply with the provisions of this part, as title 5, United States Code, relating to ap- of Federal law. specified in subparagraph (A) or (B) of para- pointments in the competitive service and ‘‘(B) SERIOUS INJURY.—The term ‘serious graph (1), no further payments shall be made without regard to chapter 51 and subchapter injury’ means an injury that involves sub- to the State under this part, or payments by III of chapter 53 of such title relating to clas- stantial risk of death, extreme physical pain, the State educational agency under this part sification and general schedule pay rates, ex- obvious or protracted disfigurement, loss of shall be limited to local educational agencies cept that no more than twenty such person- the use of bodily members or organs, broken and State agencies whose actions did not nel shall be employed at any time. cause or were not involved in the failure, as bones, or significant endangerment to an in- ‘‘SEC. 618. PROGRAM INFORMATION. dividual’s emotional health or safety that is the case may be. Any State educational the result of a physical or verbal assault. agency, State agency, or local educational ‘‘(a) IN GENERAL.—Each State that receives ‘‘(C) WEAPON.—The term ‘weapon’ has the agency that has received notice under para- assistance under this part, and the Secretary meaning given the term ‘dangerous weapon’ graph (1) shall, by means of a public notice, of the Interior, shall provide data, which under paragraph (2) of the first subsection (g) take such measures as may be necessary to may be based on a sampling of data, each of section 930 of title 18, United States Code. bring the pendency of an action pursuant to year to the Secretary on— ‘‘(l) RULE OF CONSTRUCTION.—Nothing in this subsection to the attention of the public ‘‘(1) the number of children, categorized by this part shall be construed to restrict or within the jurisdiction of such agency. race, ethnicity, gender, and disability, who limit the rights, procedures, and remedies ‘‘(b) JUDICIAL REVIEW.— are receiving— available under the Constitution, the Ameri- ‘‘(1) IN GENERAL.—If any State is dissatis- ‘‘(A) a free appropriate public education; or cans with Disabilities Act, title V of the Re- fied with the Secretary’s final action with ‘‘(B) early intervention services because— habilitation Act of 1973, or other Federal respect to the eligibility of the State under ‘‘(i) such children have developmental laws protecting the rights of children with section 612, such State may, not later than 60 delays; or disabilities, except that before the filing of a days after notice of such action, file with the ‘‘(ii) such children have a diagnosed phys- civil action under such laws seeking relief United States court of appeals for the circuit ical or mental condition that has a high that is also available under this part, the in which such State is located a petition for probability of resulting in developmental procedures under subsections (f) and (g) shall review of that action. A copy of the petition delay; June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6067 ‘‘(2) the progress of the State, and of the authorization of appropriations under sub- lished by the State under section 612(a)(14) children with disabilities in the State, to- section (m), the Secretary shall allot to each and to support implementation of the State ward meeting the goals established under eligible State the amount it received for fis- improvement plan under part D if the State section 612(14); cal year 1996 under this section (as this sec- receives funds under that part; or ‘‘(3) the types of early intervention serv- tion was in effect on the day before the date ‘‘(5) to supplement other funds used to de- ices provided to such children; of the enactment of the IDEA Improvement velop and implement a Statewide coordi- ‘‘(4) the number of children with disabil- Act of 1996). nated services system designed to improve ities, categorized by race, ethnicity, gender, ‘‘(2) INSUFFICIENT FUNDS.— results for children and families, including and disability— ‘‘(A) IN GENERAL.—If the amount appro- children with disabilities and their families, ‘‘(A) participating in regular education priated under subsection (m) for a fiscal year but not to exceed one percent of the amount programs; is insufficient to make the full allotments received by the State under this section for ‘‘(B) in separate classes, separate schools described in paragraph (1), the Secretary a fiscal year. or facilities, or public or private residential shall— ‘‘(j) SUBGRANTS TO LOCAL EDUCATIONAL facilities; ‘‘(i) first, reduce the allocation to any AGENCIES.— ‘‘(C) who have been otherwise removed State whose number of children aged 3 to 5, ‘‘(1) REQUIREMENT TO MAKE SUBGRANTS.— from the regular education environment; and inclusive, is less than the number of such Each State that receives a grant under this ‘‘(D) in various early intervention settings; children in such State in fiscal year 1995 by section for any fiscal year shall distribute at ‘‘(5) for each year of age from age 14 to 21, the same percentage by which such number least 75 percent of the grant funds to local the number of children with disabilities, cat- of children declined from the number of chil- educational agencies in the State, and to egorized by race, ethnicity, gender, and dis- dren in fiscal year 1995; and State agencies that received funds under sec- ability, who, because of program completion ‘‘(ii) second, if necessary, ratably reduce tion 614A(a) (as such section was in effect on or for other reasons, stopped receiving spe- the allocations of all States, including those the day before the date of the enactment of cial education, and the reasons why such allocations reduced under clause (i). the IDEA Improvement Act of 1996) for fiscal children stopped receiving such special edu- ‘‘(B) AVAILABILITY OF ADDITIONAL FUNDS.— year 1996, that have established their eligi- cation; If additional funds become available to make bility under section 613. ‘‘(6)(A) the number of children with disabil- allocations under this section, the alloca- ‘‘(2) METHODS OF DISTRIBUTION.—A State ities, categorized by race, ethnicity, gender, tions that were reduced under subparagraph may distribute funds under paragraph (1) on and disability, who, under section 615(k), are (A) shall be increased on the same basis as the basis of— removed to an interim alternative edu- such allocations were reduced. ‘‘(A) total school age population; cational setting; ‘‘(d) ALLOTMENT OF REMAINING FUNDS.— ‘‘(B) school enrollment; ‘‘(B) the acts or items precipitating such After making allotments under subsection ‘‘(C) numbers of children with disabilities removals; and (c), the Secretary shall allot any remaining aged 3 to 5, inclusive, receiving a free appro- ‘‘(C) the number of children with disabil- funds to eligible States on the basis of their priate public education; ities who are expelled from school without relative population of children aged 3 to 5, ‘‘(D) allocations for previous fiscal years; receiving services; and inclusive. ‘‘(E) any two or more of the factors de- ‘‘(7) any other information required by the ‘‘(e) SPECIAL RULE WITH RESPECT TO PUER- scribed in subparagraphs (A) through (D); or Secretary. TO RICO.—Notwithstanding any other provi- ‘‘(F) poverty, in combination with one or ‘‘(b) DISPROPORTIONALITY.— sion of this subsection, the amount allotted more of the factors described in subpara- ‘‘(1) IN GENERAL.—Each State that receives to Puerto Rico for a fiscal year shall bear graphs (A) through (D). assistance under this part, and the Secretary the same or lower proportion to the amount ‘‘(k) PART C INAPPLICABLE.—Part C of this of the Interior, shall provide for the collec- appropriated pursuant to subsection (m) as Act does not apply to any child with a dis- tion and examination of data to determine if the amount received by Puerto Rico under ability receiving a free appropriate public significant disproportionality based on race this section for fiscal year 1996 bears to the education, in accordance with this part, with is occurring in the State with respect to— aggregate of the amounts received by all funds received under this section. ‘‘(A) the identification of children as chil- States under this section for fiscal year 1996. ‘‘(l) PROHIBITION ON CONSOLIDATION OF ‘‘(f) DETERMINATION OF POPULATION FIG- dren with disabilities, including the identi- GRANTS FOR TERRITORIES.—The provisions of URES.—For the purpose of providing grants fication of children as children with disabil- section 501 of Public Law 95–134 (48 U.S.C. under this section, the Secretary shall use ities in accordance with a particular impair- 1469a; relating to the consolidation of one or the most recent population data that are ment described in section 602(3); and more grants provided to certain territories) available and satisfactory to the Secretary. ‘‘(B) the placement in particular edu- shall not apply with respect to amounts pro- ‘‘(g) RESERVATION FOR STATE ACTIVITIES.— cational settings of such children. vided to a territory under a grant under this A State may reserve not more than 25 per- ‘‘(2) REVIEW AND REVISION OF POLICIES, section. cent of the amount allotted to the State PRACTICES, AND PROCEDURES.—In the case of a ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— under this section for a fiscal year for ad- determination of significant For the purpose of carrying out this section, ministration and other State-level activities disproportionality with respect to the identi- there are authorized to be appropriated to in accordance with subsections (h) and (i). the Secretary such sums as may be nec- fication of children as children with disabil- ‘‘(h) STATE ADMINISTRATION.— essary. ities, or the placement in particular edu- ‘‘(1) IN GENERAL.—A State may use up to 3 cational settings of such children, in accord- percent of the amount allotted to the State ‘‘PART C—INFANTS AND TODDLERS WITH ance with paragraph (1), the State or the under this section for a fiscal year for the DISABILITIES Secretary of the Interior, as the case may be, purpose of administering this section, in- ‘‘SEC. 631. FINDINGS AND POLICY. shall provide for the review and, if appro- cluding the coordination of activities under ‘‘(a) FINDINGS.—The Congress finds that priate, revision of the policies, procedures, this part with, and providing technical as- there is an urgent and substantial need— and practices used in such identification or sistance to, other programs that provide ‘‘(1) to enhance the development of infants placement to ensure that such policies, pro- services to children with disabilities. and toddlers with disabilities and to mini- cedures, and practices comply with the re- ‘‘(2) USE OF AMOUNTS FOR ADMINISTRATION mize their potential for developmental quirements of this Act. OF PART C.—If the State educational agency delay; ‘‘SEC. 619. PRESCHOOL GRANTS. is the lead agency for the State under part C, ‘‘(2) to reduce the educational costs to our ‘‘(a) IN GENERAL.—The Secretary shall pro- amounts described in paragraph (1) may also society, including our Nation’s schools, by vide grants under this section to assist be used for the administration of such part minimizing the need for special education States to provide special education and re- C. and related services after infants and tod- lated services, in accordance with this part— ‘‘(i) OTHER STATE-LEVEL ACTIVITIES.—Each dlers with disabilities reach school age; ‘‘(1) to children with disabilities aged 3 to State shall use any funds it retains under ‘‘(3) to minimize the likelihood of institu- 5, inclusive; and subsection (g) and does not use for adminis- tionalization of individuals with disabilities ‘‘(2) at the State’s discretion, to 2-year-old tration under subsection (h)— and maximize the potential for their inde- children with disabilities who will turn 3 ‘‘(1) for support services (including estab- pendently living in society; during the school year. lishing and implementing the mediation ‘‘(4) to enhance the capacity of families to ‘‘(b) ELIGIBILITY.—A State shall be eligible process required by section 615(d)), which meet the special needs of their infants and for a grant under this section if such State— may benefit children with disabilities young- toddlers with disabilities; and ‘‘(1) is eligible under section 612 to receive er than 3 or older than 5 as long as those ‘‘(5) to enhance the capacity of State and a grant under this part; and services also benefit children with disabil- local agencies and service providers to iden- ‘‘(2) makes a free appropriate public edu- ities aged 3 to 5, inclusive; tify, evaluate, and meet the needs of histori- cation available to all children with disabil- ‘‘(2) for direct services for children eligible cally underrepresented populations, particu- ities, aged 3 to 5, inclusive, residing in the for services under this section; larly minority, low-income, inner-city, and State. ‘‘(3) to develop a State improvement plan rural populations. ‘‘(c) AMOUNT.— under part D; ‘‘(b) POLICY.—It is therefore the policy of ‘‘(1) IN GENERAL.—From the amount appro- ‘‘(4) for activities at the State and local the United States to provide financial assist- priated for any fiscal year pursuant to the levels to meet the performance goals estab- ance to States— H6068 CONGRESSIONAL RECORD — HOUSE June 10, 1996 ‘‘(1) to develop and implement a statewide, ‘‘(viii) nutritionists; the extent to which such sources disseminate comprehensive, coordinated, multidisci- ‘‘(ix) family therapists; such information to parents of infants and plinary, interagency system of early inter- ‘‘(x) orientation and mobility specialists; toddlers. vention services for infants and toddlers and ‘‘(6) A central directory which includes in- with disabilities and their families; ‘‘(xi) pediatricians and other physicians; formation on early intervention services, re- ‘‘(2) to facilitate the coordination of pay- ‘‘(G) to the maximum extent appropriate, sources, and experts available in the State ment for early intervention services from are provided in natural environments, in- and research and demonstration projects Federal, State, local, and private sources (in- cluding the home, and community settings being conducted in the State. cluding public and private insurance cov- in which children without disabilities par- ‘‘(7) A comprehensive system of personnel erage); and ticipate; and development, including the training of para- ‘‘(3) to enhance their capacity to provide ‘‘(H) are provided in conformity with an in- professionals and the training of primary re- quality early intervention services and ex- dividualized family service plan adopted in ferral sources respecting the basic compo- pand and improve existing early intervention accordance with section 636. nents of early intervention services available services being provided to infants and tod- ‘‘(5) INFANT OR TODDLER WITH A DISABIL- in the State, that is consistent with the dlers with disabilities and their families. ITY.—The term ‘infant or toddler with a dis- comprehensive system of personnel develop- ‘‘SEC. 632. DEFINITIONS. ability’— ment described in section 612(a)(13) (or with ‘‘As used in this part: ‘‘(A) means an individual under 3 years of the personnel development requirements for ‘‘(1) AT-RISK INFANT OR TODDLER.—The age who needs early intervention services be- State improvement plans under section 683) term ‘at-risk infant or toddler’ means an in- cause the individual— and may include— dividual under 3 years of age who would be at ‘‘(i) is experiencing developmental delays, ‘‘(A) implementing innovative strategies risk of experiencing a substantial devel- as measured by appropriate diagnostic in- and activities for the recruitment and reten- opmental delay if early intervention services struments and procedures in one or more of tion of early education service providers; were not provided to the individual. the areas of cognitive development, physical ‘‘(B) promoting the preparation of early ‘‘(2) COUNCIL.—The term ‘council’ means a development, communication development, intervention providers who are fully and ap- State interagency coordinating council es- social or emotional development, and adapt- propriately qualified to provide early inter- tablished under section 641. ive development; or vention services under this part; ‘‘(3) DEVELOPMENTAL DELAY.—The term ‘de- ‘‘(ii) has a diagnosed physical or mental ‘‘(C) training personnel to work in rural velopmental delay’, when used with respect condition which has a high probability of re- and inner city areas; and to an individual residing in a State, has the sulting in developmental delay; and ‘‘(D) training personnel to coordinate tran- meaning given such term by the State under ‘‘(B) may also include, at a State’s discre- sition services for infants and toddlers section 635(a)(1). tion, at-risk infants and toddlers. served under this part from an early inter- ‘‘(4) EARLY INTERVENTION SERVICES.—The ‘‘SEC. 633. GENERAL AUTHORITY. vention program under this part to preschool term ‘early intervention services’ means de- ‘‘The Secretary shall, in accordance with or other appropriate services. velopmental services which— this part, make grants to States (from their ‘‘(8) Policies and procedures relating to the ‘‘(A) are provided under public supervision; allocations under section 643) to assist each establishment and maintenance of standards ‘‘(B) are provided at no cost except where State to maintain and implement a state- to ensure that personnel necessary to carry Federal or State law provides for a system of wide, comprehensive, coordinated, multi- out this part are appropriately and ade- payments by families, including a schedule disciplinary, interagency system to provide quately prepared and trained, including— of sliding fees; early intervention services for infants and ‘‘(A) the establishment and maintenance of ‘‘(C) are designed to meet the developmen- toddlers with disabilities and their families. standards which are consistent with any tal needs of an infant or toddler with a dis- ‘‘SEC. 634. ELIGIBILITY. State approved or recognized certification, ability in any one or more of the following ‘‘In order to be eligible for a grant under licensing, registration, or other comparable areas— section 633, a State shall demonstrate to the requirements which apply to the area in ‘‘(i) physical development; Secretary that the State— which such personnel are providing early ‘‘(ii) cognitive development; ‘‘(1) has adopted a policy that appropriate intervention services; and ‘‘(iii) communication development; early intervention services are available to ‘‘(B) subject to subsection (b), to the ex- ‘‘(iv) social or emotional development; or all infants and toddlers with disabilities in tent such standards are not based on the ‘‘(v) adaptive development; the State and their families, including In- highest requirements in the State applicable ‘‘(D) meet the standards of the State in dian infants and toddlers with disabilities to a specific profession or discipline, the which they are provided, including the re- and their families residing on a reservation steps the State is taking to require the re- quirements of this part; geographically located in the State; and training or hiring of personnel that meet ap- ‘‘(E) include— ‘‘(2) has in effect a statewide system that propriate professional requirements in the ‘‘(i) family training, counseling, and home meets the requirements of section 635. State; visits; ‘‘SEC. 635. REQUIREMENTS FOR STATEWIDE SYS- except that nothing in this part, including ‘‘(ii) special instruction; TEM. this paragraph, prohibits the use of para- ‘‘(iii) speech-language pathology and audi- ‘‘(a) IN GENERAL.—A statewide system de- professionals and assistants who are appro- ology services; scribed in section 633 shall include, at a min- priately trained and supervised, in accord- ‘‘(iv) occupational therapy; imum, the following components: ance with State law, regulations, or written ‘‘(v) physical therapy; ‘‘(1) A definition of the term ‘developmen- policy, to assist in the provision of early ‘‘(vi) psychological services; tal delay’ that will be used by the State in intervention services to infants and toddlers ‘‘(vii) service coordination services; carrying out programs under this part. with disabilities under this part. ‘‘(viii) medical services only for diagnostic ‘‘(2) A timely, comprehensive, multidisci- ‘‘(9) A single line of responsibility in a lead or evaluation purposes; plinary evaluation of the functioning of each agency designated or established by the Gov- ‘‘(ix) early identification, screening, and infant or toddler with a disability in the ernor for carrying out— assessment services; State, and a family-directed identification of ‘‘(A) the general administration and super- ‘‘(x) health services necessary to enable the needs of each family of such an infant or vision of programs and activities receiving the infant or toddler to benefit from the toddler, to appropriately assist in the devel- assistance under section 633, and the mon- other early intervention services; opment of the infant or toddler. itoring of programs and activities used by ‘‘(xi) social work services; ‘‘(3) For each infant or toddler with a dis- the State to carry out this part, whether or ‘‘(xii) vision services; ability in the State, an individualized family not such programs or activities are receiving ‘‘(xiii) assistive technology devices and service plan in accordance with section 636, assistance made available under section 633, assistive technology services; and including service coordination services in ac- to ensure that the State complies with this ‘‘(xiv) transportation and related costs cordance with such service plan. part; that are necessary to enable an infant or ‘‘(4) A comprehensive child find system, ‘‘(B) the identification and coordination of toddler and the infant’s or toddler’s family consistent with part B, including a system all available resources within the State from to receive another service described in this for making referrals to service providers Federal, State, local and private sources; paragraph; that includes timelines and provides for par- ‘‘(C) the assignment of financial respon- ‘‘(F) are provided by qualified personnel, ticipation by primary referral sources. sibility in accordance with section 637(a)(1) including— ‘‘(5) A public awareness program focusing to the appropriate agencies; ‘‘(i) special educators; on early identification of infants and tod- ‘‘(D) the development of procedures to en- ‘‘(ii) speech-language pathologists and dlers with disabilities, including the prepara- sure that services are provided to infants and audiologists; tion and dissemination by the lead agency toddlers and their families under this part in ‘‘(iii) occupational therapists; designated or established under paragraph (8) a timely manner pending the resolution of ‘‘(iv) physical therapists; to all primary referral sources, especially any disputes among public agencies or serv- ‘‘(v) psychologists; hospitals and physicians, of information for ice providers; ‘‘(vi) social workers; parents on the availability of early interven- ‘‘(E) the resolution of intra- and inter- ‘‘(vii) nurses; tion services, and procedures for determining agency disputes; and June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6069

‘‘(F) the entry into formal interagency ‘‘(d) CONTENT OF PLAN.—The individualized ‘‘(6) a description of State policies and pro- agreements that define the financial respon- family service plan shall be in writing and cedures that ensure that, prior to the adop- sibility of each agency for paying for early contain— tion by the State of any other policy or pro- intervention services (consistent with State ‘‘(1) a statement of the infant’s or toddler’s cedure necessary to meet the requirements law) and procedures for resolving disputes present levels of physical development, cog- of this part, there are public hearings, ade- and that include all additional components nitive development, communication develop- quate notice of the hearings, and an oppor- necessary to ensure meaningful cooperation ment, social or emotional development, and tunity for comment available to the general and coordination. adaptive development, based on objective public, including individuals with disabil- ‘‘(10) A policy pertaining to the contract- criteria; ities and parents of infants and toddlers with ing or making of other arrangements with ‘‘(2) a statement of the family’s resources, disabilities; service providers to provide early interven- priorities, and concerns relating to enhanc- ‘‘(7) a description of the policies and proce- tion services in the State, consistent with ing the development of the family’s infant or dures to be used— the provisions of this part, including the toddler with a disability; ‘‘(A) to ensure a smooth transition for tod- contents of the application used and the con- ‘‘(3) a statement of the major outcomes ex- dlers receiving early intervention services ditions of the contract or other arrange- pected to be achieved for the infant or tod- under this part to preschool or other appro- ments. dler and the family, and the criteria, proce- priate services, including a description of ‘‘(11) A procedure for securing timely reim- dures, and timelines used to determine the how— bursement of funds used under this part in degree to which progress toward achieving ‘‘(i) the families of such toddlers will be in- accordance with section 640(a). the outcomes is being made and whether cluded in the transition plans required by ‘‘(12) Procedural safeguards with respect to modifications or revisions of the outcomes subparagraph (C); and programs under this part, as required by sec- or services are necessary; ‘‘(ii) the lead agency designated or estab- tion 639. ‘‘(4) a statement of specific early interven- lished under section 635(a) will— ‘‘(13) A system for compiling data re- tion services necessary to meet the unique ‘‘(I) notify the local educational agency for quested by the Secretary under section 618 needs of the infant or toddler and the family, the area in which such a child resides that that relates to this part. including the frequency, intensity, and the child will shortly reach the age of eligi- ‘‘(14) A State interagency coordinating method of delivering services; bility for preschool services under part B, as council that meets the requirements of sec- ‘‘(5) a statement of the natural environ- determined in accordance with State law; tion 641. ments in which early intervention services ‘‘(II) in the case of such a child who may be ‘‘(15) Policies and procedures to ensure shall appropriately be provided, including a eligible for such preschool services, with the that, consistent with section 636(d)(5)— justification of the extent, if any, to which approval of the family of the child, convene ‘‘(A) to the maximum extent appropriate, such services will not be provided in a natu- a conference among the lead agency, the early intervention services are provided in ral environment; family, and the local educational agency at natural environments; and ‘‘(6) the projected dates for initiation of least 90 days (and at the discretion of all ‘‘(B) the provision of early intervention services and the anticipated duration of such such parties, up to 6 months) before the child services for any infant or toddler occurs in a services; is eligible for the preschool services, to dis- setting other than a natural environment ‘‘(7) the identification of the service coor- cuss any such services that the child may re- only when early intervention cannot be dinator from the profession most imme- ceive; and achieved satisfactorily for such infant or diately relevant to the infant’s or toddler’s ‘‘(III) in the case of such a child who may toddler in a natural environment. or family’s needs (or who is otherwise quali- not be eligible for such preschool services, ‘‘(b) MODIFICATION OF PERSONNEL REQUIRE- fied to carry out all applicable responsibil- with the approval of the family, make rea- MENT.—If a State determines that the re- ities under this part) who will be responsible sonable efforts to convene a conference quirement of subsection (a)(8)(B) would sig- for the implementation of the plan and co- among the lead agency, the family, and pro- nificantly inhibit the ability of the State to ordination with other agencies and persons; viders of other appropriate services for chil- contract with, or employ, an appropriate and dren who are not eligible for preschool serv- number and types of personnel to provide ‘‘(8) the steps to be taken to support the ices under part B, to discuss the appropriate early intervention services to infants and transition of the toddler with a disability to toddlers with disabilities in a geographic re- services that the child may receive; gion, the State may, subject to public notice preschool or other appropriate services. ‘‘(B) to review the child’s program options ‘‘(e) PARENTAL CONSENT.—The contents of and comment, temporarily suspend the re- for the period from the child’s third birthday the individualized family service plan shall quirement for the region, in a manner con- through the remainder of the school year; be fully explained to the parents and in- sistent with State law and for a period not and formed written consent from such parents exceeding 3 years, with respect to the most ‘‘(C) to establish a transition plan; and shall be obtained prior to the provision of qualified available individuals in shortage ‘‘(8) such other information and assurances early intervention services described in such areas who are making annual progress in ap- as the Secretary may reasonably require. plan. If such parents do not provide such plicable coursework. ‘‘(b) ASSURANCES.—The application de- consent with respect to a particular early scribed in subsection (a) shall contain the ‘‘SEC. 636. INDIVIDUALIZED FAMILY SERVICE intervention service, then the early inter- PLAN. following: vention services to which such consent is ob- ‘‘(a) ASSESSMENT AND PROGRAM DEVELOP- ‘‘(1) A satisfactory assurance that the tained shall be provided. MENT.—A statewide system described in sec- State will— tion 633 shall provide, at a minimum, for ‘‘SEC. 637. STATE APPLICATION AND ASSUR- ‘‘(A) make such reports in such form and ANCES. each infant or toddler with a disability, and containing such information as the Sec- ‘‘(a) APPLICATION.—A State desiring to re- the infant’s or toddler’s family, to receive— retary may require to carry out the Sec- ceive a grant under section 633 shall submit ‘‘(1) a multidisciplinary assessment of the retary’s functions under this part; and an application to the Secretary at such time unique strengths and needs of the infant or ‘‘(B) keep such records and afford such ac- and in such manner as the Secretary may toddler and the identification of services ap- cess thereto as the Secretary may find nec- reasonably require. Such application shall essary to assure the correctness and verifica- propriate to meet such needs; contain— ‘‘(2) a family-directed assessment of the re- tion of such reports and proper disbursement ‘‘(1) a designation of the lead agency in the sources, priorities, and concerns of the fam- of Federal funds under this part. State that will be responsible for the admin- ily and the identification of the supports and ‘‘(2) A satisfactory assurance that Federal istration of funds provided under section 633; services necessary to enhance the family’s funds made available under section 633 will ‘‘(2) a designation of a person responsible capacity to meet the developmental needs of be used to supplement and increase the level for assigning financial responsibility among the infant or toddler; and of State and local funds expended for infants appropriate agencies; ‘‘(3) a written individualized family service and toddlers with disabilities and their fami- ‘‘(3) information demonstrating eligibility plan developed by a multidisciplinary team, lies under this part and in no case to sup- of the State under section 634, including— including the parents, as required by sub- plant such State and local funds. ‘‘(A) information demonstrating to the section (e). ‘‘(3) Such other information and assur- Secretary’s satisfaction that the State has ‘‘(b) PERIODIC REVIEW.—The individualized ances as the Secretary may reasonably re- family service plan shall be evaluated once a in effect the statewide system required by quire by regulation. year and the family shall be provided a re- section 633; and ‘‘(c) STANDARD FOR DISAPPROVAL OF APPLI- view of the plan at 6-month intervals (or ‘‘(B) a description of services to be pro- CATION.—The Secretary may not disapprove more often where appropriate based on in- vided to infants and toddlers with disabil- such an application unless the Secretary de- fant or toddler and family needs). ities and their families through the system; termines, after notice and opportunity for a ‘‘(c) PROMPTNESS AFTER ASSESSMENT.—The ‘‘(4) a description of the uses for which hearing, that the application fails to comply individualized family service plan shall be funds will be expended in accordance with with the requirements of this section. developed within a reasonable time after the this part; ‘‘(d) SUBSEQUENT STATE APPLICATION.—If a assessment required by subsection (a)(1) is ‘‘(5) a description of the procedure used to State has on file with the Secretary a policy, completed. With the parents’ consent, early ensure that resources are made available procedure, or assurance that demonstrates intervention services may commence prior under this part for all geographic areas with- that the State meets a requirement of this to the completion of such assessment. in the State; section, including any policy or procedure H6070 CONGRESSIONAL RECORD — HOUSE June 10, 1996 filed under part H (as in effect before the initiate or change the identification, evalua- dlers with disabilities or children with dis- date of the enactment of the IDEA Improve- tion, placement, or the provision of appro- abilities aged 12 or younger, with knowledge ment Act of 1996), the Secretary shall con- priate early intervention services to the in- of, or experience with, programs for infants sider the State to have met the requirement fant or toddler with a disability. and toddlers with disabilities. At least one for purposes of receiving a grant under this ‘‘(7) Procedures designed to assure that the such member shall be a parent of an infant part. notice required by paragraph (6) fully in- or toddler with a disability or a child with a ‘‘(e) MODIFICATION OF APPLICATION.—An ap- forms the parents, in the parents’ native lan- disability aged 6 or younger. plication submitted by a State in accordance guage, unless it clearly is not feasible to do ‘‘(B) SERVICE PROVIDERS.—At least 20 per- with this section shall remain in effect until so, of all procedures available pursuant to cent of the members shall be public or pri- the State submits to the Secretary such this section. vate providers of early intervention services. modifications as the State determines nec- ‘‘(8) The right of parents to use mediation ‘‘(C) STATE LEGISLATURE.—At least one essary. This section shall apply to a modi- in accordance with section 615(e), except member shall be from the State legislature. fication of an application to the same extent that— ‘‘(D) PERSONNEL PREPARATION.—At least and in the same manner as this section ap- ‘‘(A) any reference in such section to a one member shall be involved in personnel plies to the original application. State educational agency shall be considered preparation. ‘‘SEC. 638. USES OF FUNDS. to be a reference to a State’s lead agency es- ‘‘(E) AGENCY FOR EARLY INTERVENTION ‘‘In addition to using funds provided under tablished or designated under section SERVICES.—At least one member shall be section 633 to maintain and implement the 635(a)(8); from each of the State agencies involved in statewide system required by such section, a ‘‘(B) any reference in such section to a the provision of, or payment for, early inter- State may use such funds— local educational agency shall be considered vention services to infants and toddlers with ‘‘(1) for direct early intervention services to be a reference to a local service provider disabilities and their families and shall have for infants and toddlers with disabilities, and or the State’s lead agency under this part, as sufficient authority to engage in policy plan- their families, under this part that are not the case may be; and ning and implementation on behalf of such otherwise funded through other public or pri- ‘‘(C) any reference in such section to the agencies. vate sources; provision of free appropriate public edu- ‘‘(F) AGENCY FOR PRESCHOOL SERVICES.—At ‘‘(2) to expand and improve on services for cation to children with disabilities shall be least one member shall be from the State infants and toddlers and their families under considered to be a reference to the provision educational agency responsible for preschool this part that are otherwise available; and of appropriate early intervention services to services to children with disabilities and ‘‘(3) to provide a free appropriate public infants and toddlers with disabilities. shall have sufficient authority to engage in education, in accordance with part B, to ‘‘(b) SERVICES DURING PENDENCY OF PRO- policy planning and implementation on be- children with disabilities from their third CEEDINGS.—During the pendency of any pro- half of such agency. birthday to the beginning of the following ceeding or action involving a complaint by ‘‘(G) AGENCY FOR INSURANCE.—At least one school year. the parents of an infant or toddler with a member shall be from the agency responsible disability, unless the State agency and the ‘‘SEC. 639. PROCEDURAL SAFEGUARDS. for the State governance of insurance, espe- parents otherwise agree, the infant or tod- ‘‘(a) MINIMUM PROCEDURES.—The proce- cially in the area of health insurance. dler shall continue to receive the appro- dural safeguards required to be included in a ‘‘(H) HEAD START AGENCY.—A representa- priate early intervention services currently statewide system under section 635(a)(10) tive from a Head Start agency or program in being provided or, if applying for initial serv- shall provide, at a minimum, the following: the State. ices, shall receive the services not in dispute. ‘‘(1) The timely administrative resolution ‘‘(I) A representative from a State agency of complaints by parents. Any party ag- ‘‘SEC. 640. PAYOR OF LAST RESORT. responsible for child care. ‘‘(a) NONSUBSTITUTION.—Funds provided grieved by the findings and decision regard- ‘‘(2) OTHER MEMBERS.—The council may in- under section 643 may not be used to satisfy ing an administrative complaint shall have clude other members selected by the Gov- a financial commitment for services which the right to bring a civil action with respect ernor, including a representative from the would have been paid for from another public to the complaint in any State court of com- Bureau of Indian Affairs, or where there is or private source but for the enactment of petent jurisdiction or in a district court of no BIA operated or funded school, from the this part, except that whenever considered the United States without regard to the Indian Health Service or the tribe/tribal necessary to prevent a delay in the receipt of amount in controversy. In any action council. appropriate early intervention services by an ‘‘(c) MEETINGS.—The council shall meet at brought under this paragraph, the court infant, toddler, or family in a timely fashion, shall receive the records of the administra- least quarterly and in such places as it funds provided under section 643 may be used deems necessary. The meetings shall be pub- tive proceedings, shall hear additional evi- to pay the provider of services pending reim- dence at the request of a party, and, basing licly announced, and, to the extent appro- bursement from the agency which has ulti- priate, open and accessible to the general its decision on the preponderance of the evi- mate responsibility for the payment. public. dence, shall grant such relief as the court de- ‘‘(b) REDUCTION OF OTHER BENEFITS.—Noth- ‘‘(d) MANAGEMENT AUTHORITY.—Subject to termines is appropriate. ing in this part shall be construed to permit the approval of the Governor, the council ‘‘(2) The right to confidentiality of person- the State to reduce medical or other assist- may prepare and approve a budget using ally identifiable information, including the ance available or to alter eligibility under funds under this part to conduct hearings right of parents to written notice of and title V of the Social Security Act (relating and forums, to reimburse members of the written consent to the exchange of such in- to maternal and child health) or title XIX of council for reasonable and necessary ex- formation among agencies consistent with the Social Security Act (relating to medic- penses for attending council meetings and Federal and State law. aid for infants or toddlers with disabilities) performing council duties (including child ‘‘(3) The right of the parents to determine within the State. care for parent representatives), to pay com- whether they, their infant or toddler, or ‘‘SEC. 641. STATE INTERAGENCY COORDINATING pensation to a member of the council if such other family members will accept or decline COUNCIL. member is not employed or must forfeit any early intervention service under this ‘‘(a) ESTABLISHMENT.— wages from other employment when per- part in accordance with State law without ‘‘(1) IN GENERAL.—A State that desires to forming official council business, to hire jeopardizing other early intervention serv- receive financial assistance under this part staff, and to obtain the services of such pro- ices under this part. shall establish a State interagency coordi- fessional, technical, and clerical personnel as ‘‘(4) The opportunity for parents to exam- nating council. may be necessary to carry out its functions ine records relating to assessment, screen- ‘‘(2) APPOINTMENT.—The council shall be under this part. ing, eligibility determinations, and the de- appointed by the Governor. In making ap- ‘‘(e) FUNCTIONS OF COUNCIL.— velopment and implementation of the indi- pointments to the council, the Governor ‘‘(1) DUTIES.—The council shall— vidualized family service plan. shall ensure that the membership of the ‘‘(A) advise and assist the lead agency des- ‘‘(5) Procedures to protect the rights of the council reasonably represents the population ignated or established under section 635(b)(8) infant or toddler whenever the parents of the of the State. in the performance of the responsibilities set child are not known or cannot be found or ‘‘(3) CHAIRPERSON.—The Governor shall out in such section, particularly the identi- the child is a ward of the State, including designate a member of the council to serve fication of the sources of fiscal and other the assignment of an individual (who shall as the chairperson of the Council, or shall re- support for services for early intervention not be an employee of the State or any per- quire the council to so designate such a programs, assignment of financial respon- son, or any employee of a person, providing member. Any member of the council who is sibility to the appropriate agency, and the early intervention services to the infant or a representative of the lead agency des- promotion of the interagency agreements; toddler or any family member of the infant ignated under section 635(b)(8) may not serve ‘‘(B) advise and assist the lead agency in or toddler) to act as a surrogate for the par- as the chairperson of the council. the preparation of applications and amend- ents. ‘‘(b) COMPOSITION.— ments thereto; ‘‘(6) Written prior notice to the parents of ‘‘(1) IN GENERAL.—The council shall be ‘‘(C) advise and assist the State edu- the infant or toddler with a disability when- composed as follows: cational agency regarding the transition of ever the State agency or service provider ‘‘(A) PARENTS.—At least 20 percent of the toddlers with disabilities to preschool and proposes to initiate or change or refuses to members shall be parents of infants or tod- other appropriate services; and June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6071 ‘‘(D) prepare and submit an annual report shall be used to assist States in child find, insufficient to pay the full amounts that all to the Governor and to the Secretary on the screening, and other procedures for the early States are eligible to receive under this sub- status of early intervention programs for in- identification of Indian children under 3 section for such year, the Secretary shall fants and toddlers with disabilities and their years of age and for parent training. Such ratably reduce the allocations to such States families operated within the State. funds may also be used to provide early for such year. ‘‘(2) AUTHORIZED ACTIVITY.—The council intervention services in accordance with this ‘‘(B) ADDITIONAL FUNDS.—If additional may advise and assist the lead agency and part. Such activities may be carried out di- funds become available for making payments the State educational agency regarding the rectly or through contracts or cooperative under this subsection for a fiscal year, allo- provision of appropriate services for children agreements with the BIA, local educational cations that were reduced under subpara- aged birth to 5, inclusive. agencies, and other public or private non- graph (A) shall be increased on the same ‘‘(f) CONFLICT OF INTEREST.—No member of profit organizations. The tribe, tribal organi- basis as such allocations were reduced. the council shall cast a vote on any matter zation, or consortia is encouraged to involve ‘‘(5) DEFINITIONS.—For the purpose of this which would provide direct financial benefit Indian parents in the development and im- subsection— to that member or otherwise give the ap- plementation of these activities. The above ‘‘(A) the terms ‘infants’ and ‘toddlers’ pearance of a conflict of interest under State entities shall, as appropriate, make referrals mean children under 3 years of age; and law. to local, State, or Federal entities for the ‘‘(B) the term ‘State’ means each of the 50 ‘‘SEC. 642. FEDERAL ADMINISTRATION. provision of services or further diagnosis. States, the District of Columbia, and the ‘‘Sections 616, 617, 618, and 620 shall, to the ‘‘(5) REPORTS.—To be eligible to receive a Commonwealth of Puerto Rico. extent not inconsistent with this part, apply grant under paragraph (2), a tribe, tribal or- ‘‘(d) REALLOTMENT OF FUNDS.—If a State to the program authorized by this part, ex- ganization, or consortia shall make a bien- elects not to receive its allotment under sub- cept that— nial report to the Secretary of the Interior of section (c), the Secretary shall reallot, ‘‘(1) any reference in such sections to a activities undertaken under this subsection, among the remaining States, amounts from State educational agency shall be considered including the number of contracts and coop- such State in accordance with such sub- to be a reference to a State’s lead agency es- erative agreements entered into, the number section. tablished or designated under section of children contacted and receiving services 635(a)(8); for each year, and the estimated number of ‘‘SEC. 644. AUTHORIZATION OF APPROPRIATIONS. ‘‘(2) any reference in such sections to a children needing services during the 2 years ‘‘For the purpose of carrying out this part, local educational agency, educational serv- following the year in which the report is there are authorized to be appropriated such ice agency, or a State agency shall be consid- made. The Secretary of the Interior shall in- sums as may be necessary for each of the fis- ered to be a reference to an early interven- clude a summary of this information on a bi- cal years 1997 through 2001. tion service provider under this part; and ennial basis to the Secretary of Education ‘‘(3) any reference to the education of chil- along with such other information as re- ‘‘PART D—NATIONAL ACTIVITIES TO IM- dren with disabilities or the education of all quired under section 611(f)(3)(D). The Sec- PROVE EDUCATION OF CHILDREN WITH children with disabilities shall be considered retary of Education may require any addi- DISABILITIES to be a reference to the provision of appro- tional information from the Secretary of the ‘‘SEC. 651. PURPOSE OF PART. priate early intervention services to infants Interior. ‘‘The purpose of this part is to support na- and toddlers with disabilities. ‘‘(6) PROHIBITED USES OF FUNDS.—None of tional, State, and local activities aimed at ‘‘SEC. 643. ALLOCATION OF FUNDS. the funds under this subsection may be used improving educational, early intervention, ‘‘(a) RESERVATION OF FUNDS FOR TERRI- by the Secretary of the Interior for adminis- and transitional services and opportunities TORIES.— trative purposes, including child count, and for children with disabilities. ‘‘(1) IN GENERAL.—From the sums appro- the provision of technical assistance. priated to carry out this part for any fiscal ‘‘(c) STATE ALLOTMENTS.— ‘‘SEC. 652. ELIGIBILITY FOR FINANCIAL ASSIST- ANCE. year, the Secretary may reserve up to one ‘‘(1) IN GENERAL.—Except as provided in percent for payments to Guam, American paragraphs (2), (3), and (4), from the funds re- ‘‘No State, State educational agency, local Samoa, the Virgin Islands, and the Common- maining for each fiscal year after the res- educational agency, educational service wealth of the Northern Mariana Islands in ervation and payments under subsections (a) agency, or other public institution or agency accordance with their respective needs. and (b), the Secretary shall first allot to may receive a grant, contract, or cooperative ‘‘(2) CONSOLIDATION OF FUNDS.—The provi- each State an amount that bears the same agreement under this part which relates ex- sions of Public Law 95–134, permitting the ratio to the amount of such remainder as the clusively to programs, projects, and activi- consolidation of grants to the territories, number of infants and toddlers in the State ties for children aged 3 to 5, inclusive, unless shall not apply to funds those areas receive bears to the number of infants and toddlers the State, or, in the case of an agency or in- under this part. in all States. stitution, the State in which the agency or ‘‘(b) PAYMENTS TO INDIANS.— ‘‘(2) MINIMUM ALLOTMENTS.—Except as pro- institution is located, is eligible to receive a ‘‘(1) IN GENERAL.—The Secretary shall, sub- vided in paragraphs (3) and (4), no State shall grant under section 619. ject to this subsection, make payments to receive an amount under this section for any ‘‘SEC. 653. COMPREHENSIVE PLAN. the Secretary of the Interior to be distrib- fiscal year that is less than the greatest of— ‘‘(a) IN GENERAL.—The Secretary shall de- uted to tribes, tribal organizations (as de- ‘‘(A) one-half of one percent of the remain- velop and implement a comprehensive plan fined under section 4 of the Indian Self-De- ing amount described in paragraph (1); or for ongoing activities conducted by the Sec- termination and Education Assistance Act), ‘‘(B) $500,000. retary under this part. or consortia of the above entities for the co- ‘‘(3) SPECIAL RULE FOR 1997 THROUGH 1999.— ordination of assistance in the provision of ‘‘(A) IN GENERAL.—Except as provided in ‘‘(b) USE OF KNOWLEDGE IN DEVELOPING early intervention services by the States to paragraph (4), no State may receive an PLAN.—To the maximum extent appropriate, infants and toddlers with disabilities and amount under this section for any of the fis- the Secretary shall ensure that the plan is their families on reservations served by ele- cal years 1997 through 1999 that is less than based upon the knowledge gained from re- mentary and secondary schools for Indian the sum of the amount such State received search on practices that have been proven ef- children operated or funded by the Depart- for fiscal year 1994 under— fective in improving the achievement of chil- ment of the Interior. The amount of such ‘‘(i) part H (as in effect on the day before dren with disabilities. payment for any fiscal year shall be 1.25 per- the date of the enactment of the IDEA Im- ‘‘(c) CONSULTATION.—In developing the cent of the aggregate of the amount avail- provement Act of 1996); and plan, the Secretary shall consult the follow- able to all States under this part for such fis- ‘‘(ii) subpart 2 of part D of chapter 1 of ing persons: cal year. title I of the Elementary and Secondary Edu- ‘‘(1) Individuals with disabilities. ‘‘(2) ALLOCATION.—For each fiscal year, the cation Act of 1965 (as in effect on the day be- ‘‘(2) Parents of children with disabilities. Secretary of the Interior shall distribute the fore the date of the enactment of the Im- ‘‘(3) Representatives of State and local entire payment received under paragraph (1) proving America’s Schools Act of 1994) for educational agencies and educational service by providing to each tribe, tribal organiza- children with disabilities under 3 years of agencies. tion, or consortium an amount based on the age. ‘‘(4) Private schools. number of infants and toddlers residing on ‘‘(B) EXCEPTION.—If, for fiscal year 1998 or ‘‘(5) Institutions of higher education. the reservation as determined annually di- 1999, the number of infants and toddlers in a ‘‘(6) Other Federal agencies. vided by the total of such children served by State, as determined under paragraph (1), is ‘‘(7) The National Council on Disability. all tribes, tribal organizations, or consortia. less than the number of infants and toddlers ‘‘(8) National organizations with an inter- ‘‘(3) INFORMATION.—To receive a payment so determined for fiscal year 1994, the est in, and expertise in, providing services to under this paragraph, the tribe, tribal orga- amount determined under subparagraph (A) children with disabilities and their families. nization, or consortia shall submit such in- for the State shall be reduced by the same ‘‘(9) Any other professionals determined formation to the Secretary of the Interior as percentage by which the number of such in- appropriate by the Secretary. is needed to determine the amounts to be al- fants and toddlers so declined. ‘‘(d) DEADLINE.—The plan shall be devel- located under paragraph (2). ‘‘(4) RATABLE REDUCTION.— oped not later than the date that is 12 ‘‘(4) USE OF FUNDS.—The funds received by ‘‘(A) IN GENERAL.—If the sums made avail- months after the date of the enactment of a tribe, tribal organization, or consortia able under this part for any fiscal year are the IDEA Improvement Act of 1996. H6072 CONGRESSIONAL RECORD — HOUSE June 10, 1996 ‘‘SEC. 654. PEER REVIEW. ments with, eligible entities to carry out re- ‘‘(8) projects which provide technical as- ‘‘(a) IN GENERAL.—The Secretary shall use search and improvement activities that fur- sistance to— a panel of experts who are competent, by vir- ther the purpose of this part and are consist- ‘‘(A) States— tue of their training, expertise, or experi- ent with the priorities established under sec- ‘‘(i) to link States to other technical as- ence, to evaluate an application under this tion 662. sistance resources, including special and part that requests more than $75,000 in Fed- ‘‘SEC. 662. PRIORITIES. general education resources; or eral financial assistance. ‘‘(a) IN GENERAL.—In making awards under ‘‘(ii) in gaining access to information, in- ‘‘(b) COMPOSITION OF PANEL.—A majority of this subpart, the Secretary may, without re- cluding information on research and best a panel described in subsection (a) shall be gard to the rule making procedures under practices; or composed of individuals who are not employ- section 553 of title 5, United States Code, ‘‘(B) State educational agencies, State lead ees of the Federal Government. limit such awards to, or otherwise give prior- agencies serving infants and toddlers with ‘‘(c) PAYMENT OF FEES AND EXPENSES OF ity to— disabilities under part C, and other organiza- CERTAIN MEMBERS.—The Secretary may use ‘‘(1) projects that address the improvement tions and agencies that play a critical role in available funds appropriated to carry out of the academic performance of children providing for the participation of children this part to pay the expenses and fees of with disabilities; with disabilities in State and local assess- panel members who are not employees of the ‘‘(2) projects that address one or more— ments; Federal Government. ‘‘(A) age ranges; ‘‘(9) activities to produce, and promote the ‘‘SEC. 655. ELIGIBLE APPLICANTS. ‘‘(B) disabilities; use of, knowledge to address the special ‘‘Except as otherwise provided in this part, ‘‘(C) grades in school; needs of children who have a high likelihood the persons who, and the agencies that, may ‘‘(D) types of educational placements or of needing special education and related apply for receipt of grants, contracts, or co- early intervention environments; services in order to reduce, through early operative agreements under this part are the ‘‘(E) types of services; or intervention, the need for special education following: ‘‘(F) content areas such as reading; services later in life; ‘‘(1) Institutions of higher education. ‘‘(3) projects that address the needs of chil- ‘‘(10) educational media activities includ- ‘‘(2) State educational agencies. dren based on the severity of their disability; ing— ‘‘(3) Local educational agencies. ‘‘(4) projects that address the needs of— ‘‘(A) through September 30, 1998, video de- ‘‘(4) Educational service agencies. ‘‘(A) low-achieving students; scription, open captioning, or closed caption- ‘‘(5) Other public agencies. ‘‘(B) underserved populations; ing; ‘‘(6) Private nonprofit organizations. ‘‘(C) children from low-income families; ‘‘(B) video description, open captioning, or ‘‘(7) Indian tribes and tribal organizations ‘‘(D) children with limited English pro- closed captioning of educational, news, and (as defined under section 4 of the Indian Self- ficiency; informational materials; Determination and Education Assistance ‘‘(E) unserved and underserved areas; ‘‘(C) through September 30, 1998, distribu- Act). ‘‘(F) particular types of geographic areas, tion of captioned and described materials ‘‘(8) For-profit organizations. such as inner-city or rural areas; or and videos; ‘‘SEC. 656. APPLICANT AND RECIPIENT RESPON- ‘‘(G) institutionalized children in juvenile ‘‘(D) distribution of captioned and de- SIBILITIES. and adult correctional institutions; scribed educational, news, and informational ‘‘(a) GENERAL REQUIREMENTS ON APPLI- ‘‘(5) any activity that is expressly author- materials and videos; and CANTS AND RECIPIENTS.—The Secretary may ized in this title; ‘‘(E) recording free educational materials, not make a grant to, or enter into a contract ‘‘(6) a large-scale longitudinal study de- including textbooks, for visually impaired or cooperative agreement with, a person or signed to provide information on the long- and print-disabled students in elementary, agency under this part unless— term impact of education agency discipli- secondary, post-secondary, and graduate ‘‘(1) the person or agency involves individ- nary procedures on children with disabil- schools; and uals with disabilities, and parents of children ities; ‘‘(11) projects to assist institutions of high- with disabilities, in planning, implementing, ‘‘(7) research and development projects in- er education in appropriately serving stu- and evaluating activities conducted under cluding— dents with disabilities, including deaf stu- the grant, contract, or agreement; ‘‘(A) projects that advance knowledge dents. ‘‘(2) the person or agency, where appro- about— ‘‘(b) DEFINITION.—As used in this section, the term ‘low-incidence disability’ means— priate, evaluates the potential for replica- ‘‘(i) teaching and learning practices, and ‘‘(1) a visual impairment, a hearing impair- tion and widespread adoption of such activi- assessment techniques, instruments, and ment, or simultaneous visual and hearing ties; and strategies, including behavioral strategies, impairments; ‘‘(3) the person or agency prepares their that lead to improved results for children ‘‘(2) a significant cognitive impairment; or findings and work product in a format useful with disabilities; ‘‘(3) any impairment for which a small for a specific audience specified by the Sec- ‘‘(ii) the developmental and learning char- number of personnel, with highly specialized retary, such as parents, administrators, acteristics of children with disabilities in a skills and knowledge, are needed nationwide teachers, early intervention personnel, relat- manner that will improve the design and ef- in order for all children with disabilities who ed services personnel, or individuals with fectiveness of interventions and instruction; have the impairment to receive early inter- disabilities. or ‘‘(b) ADDITIONAL REQUIREMENTS IMPOSED AT vention services or a free appropriate public ‘‘(iii) the coordination of education with DISCRETION OF SECRETARY.—The Secretary education. health and social services; may require that a person who, or agency ‘‘(c) REPORT.—If the Secretary awards a ‘‘(B) large-scale longitudinal studies de- that, is awarded a grant, contract, or cooper- grant, contract, or cooperative agreement signed to produce information on the long- ative agreement under this part— under this subpart prior to February 1, 1998 term impact of early intervention and edu- ‘‘(1) assume a portion of the cost of carry- with respect to an educational media activ- cation on results for individuals with disabil- ing out the grant, contract, or agreement; ity described in subparagraph (A) or (C) of ities; ‘‘(2) disseminate the findings and work subsection (a)(10), the Secretary, after con- ‘‘(C) model demonstration projects to product of the person or agency; and sulting with the chairman of the Federal apply and test research findings in typical ‘‘(3) collaborate with other such persons Communications Commission, shall submit service settings to determine the usability, and agencies. to the Committee on Economic and Edu- effectiveness, and general applicability of cational Opportunities of the House of Rep- ‘‘SEC. 657. INDIRECT COSTS. such research findings in such areas as im- ‘‘The Secretary— resentatives and the Committee on Labor proving instructional methods, curricula, and Human Resources of the Senate, not ‘‘(1) may not permit any recipient of Fed- and tools such as textbooks, media, and later than April 15, 1998, a report on the eral funds under this part to use more than other materials; and progress that the Federal Communications 25 percent of such funds for indirect costs; ‘‘(D) projects which apply research and Commission is making towards meeting the and other knowledge to improve educational re- requirements imposed on the Commission ‘‘(2) may further limit the extent to which sults for children with disabilities by— under section 713 of the Communications Act any such recipient may use such funds for ‘‘(i) synthesizing useful research and edu- of 1934 (47 U.S.C. 613). such costs. cational products; ‘‘SEC. 663. NATIONAL ASSESSMENT. ‘‘SEC. 658. PROGRAM EVALUATION. ‘‘(ii) ensuring that such research and prod- ‘‘(a) PURPOSE OF ASSESSMENT.—The Sec- ‘‘The Secretary may use funds appro- ucts are in appropriate formats for distribu- retary shall carry out a national assessment priated to carry out this part to evaluate tion to administrators, teachers, parents, of activities carried out with Federal funds any activity carried out under this part. and individuals with disabilities; or under this title in order— ‘‘Subpart 1—National Research and ‘‘(iii) making such research and products ‘‘(1) to determine the effectiveness of the Improvement Activities available through libraries, electronic net- title in achieving the purposes of the title; ‘‘SEC. 661. GENERAL AUTHORITY TO MAKE works, parent training projects, and other ‘‘(2) to provide information to the Presi- AWARDS. information sources, including the National dent, the Congress, the States, local edu- ‘‘The Secretary may make grants to, and Information Dissemination System under cational agencies, and the public on how to enter into contracts and cooperative agree- part D of title IX of Public Law 103–227; implement the title more effectively; and June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6073

‘‘(3) to provide the President and the Con- ‘‘(1) personnel responsible for serving chil- ‘‘(b) AUTHORIZED ACTIVITIES.— gress with information that will be useful in dren with disabilities, including general and ‘‘(1) IN GENERAL.—Individuals who may be developing legislation to achieve the pur- special education personnel, related services prepared pursuant to this section include poses of this title more effectively. personnel, and early intervention personnel, personnel who— ‘‘(b) CONSULTATION.—The Secretary shall have the knowledge and skills necessary to ‘‘(A) are currently prepared in the fields of plan, review, and conduct the national as- help such children— educational, related, or early intervention sessment under this section in consultation ‘‘(A) meet developmental goals and, to the services; and with researchers, State practitioners, local maximum extent possible, those challenging ‘‘(B) are studying— practitioners, parents of children with dis- expectations that have been established for ‘‘(i) to obtain degrees, certification, licen- abilities, individuals with disabilities, and all children; and sure, or endorsements in one or more of such other appropriate individuals. ‘‘(B) be prepared to lead productive, inde- fields; or ‘‘(c) SCOPE OF ASSESSMENT.—The national pendent adult lives to the maximum extent ‘‘(ii) to meet competency requirements in assessment shall examine how well schools, possible; one or more of such fields. local educational agencies, States, other re- ‘‘(2) there are adequate numbers of such ‘‘(2) SCHOLARSHIPS.—The Secretary may in- cipients of assistance under this title, and personnel to meet the needs of children with clude funds for scholarships, with necessary the Secretary are achieving the purposes of disabilities; and stipends and allowances, in awards under this title, including— ‘‘(3) the skills and knowledge of personnel this section. ‘‘(1) the performance of children with dis- responsible for serving children with disabil- ‘‘(c) APPLICATIONS.—Any application for abilities in general scholastic activities and ities reflect the best practices, as determined assistance under this section shall propose to assessments as compared to nondisabled through research and experience, particu- provide preparation that addresses a signifi- children; larly with respect to the inclusion of chil- cant need, as shown by letters from one or ‘‘(2) providing for the participation of chil- dren with disabilities in the regular edu- more States stating that the State— dren with disabilities in the general edu- cation environment. ‘‘(1) intends to accept successful comple- cation curriculum; ‘‘SEC. 672. FINDING. tion of the proposed personnel preparation as ‘‘(3) helping children with disabilities ‘‘The Congress finds that the conditions meeting State personnel standards for serv- make successful transitions from— noted in paragraphs (7) through (10) of sec- ing children with low-incidence disabilities, ‘‘(A) early intervention services to pre- tion 601(c) can be greatly improved by pro- or for serving infants and toddlers with dis- school education; viding opportunities for the full participa- abilities; and ‘‘(B) preschool education to elementary tion of minorities through the implementa- ‘‘(2) needs personnel in the area or areas in school; and tion of the following recommendations: which the applicant proposes to provide ‘‘(C) secondary school to adult life; ‘‘(1) Implementation of a policy to mobilize preparation, as identified in the State’s com- ‘‘(4) placing and serving children with dis- the Nation’s resources to prepare minorities prehensive system of personnel development abilities, including children from under- for careers in special education and related under part B or C, or in the State’s State im- served populations, in the least restrictive services. provement plan under subpart 3. environment appropriate; ‘‘(2) Focusing such policy on— ‘‘(d) DEFINITION.—For purposes of this sec- ‘‘(5) preventing children with disabilities, ‘‘(A) the recruitment of minorities into tion, the term ‘low-incidence disability’ has especially children with emotional disturb- teaching; and the meaning given such term in section ances and specific learning disabilities, from ‘‘(B) financially assisting Historically 662(b). dropping out of school; Black Colleges and Universities and other in- ‘‘SEC. 675. LEADERSHIP PERSONNEL. ‘‘(6) assessing the use of disciplinary meas- stitutions of higher education (whose minor- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary ures, and the effect of such use, with chil- ity student enrollment is at least 25 percent) may make grants to, and enter into con- dren with disabilities as compared to non- to prepare students for special education and tracts and cooperative agreements with, eli- disabled children; related service careers. gible entities to meet the purpose of this ‘‘(7) coordinating services provided under ‘‘SEC. 673. NATIONAL ACTIVITIES. subpart by preparing educational, related this title with each other, with other edu- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary service, and early intervention leadership cational and pupil services (including pre- may make grants to, and enter into con- personnel (including teacher-preparation fac- school services), and with health and social tracts and cooperative agreements with, eli- ulty, administrators, researchers, super- services funded from other sources; gible entities to support activities of na- visors, and principals) so that they are pre- ‘‘(8) addressing the participation of parents tional significance that— pared to help children with disabilities— of children with disabilities in the education ‘‘(1) have broad applicability; and ‘‘(1) meet developmental goals and, to the of their children; and ‘‘(2) will help ensure that the purpose of maximum extent possible, those challenging ‘‘(9) resolving disagreements between edu- this subpart is met. expectations that have been established for cation personnel and parents through activi- ‘‘(b) AUTHORIZED ACTIVITIES.—In carrying all children; and ties such as mediation. out this section, the Secretary may support ‘‘(2) be prepared to lead productive, inde- ‘‘(d) INTERIM AND FINAL REPORTS.—The any activity that is consistent with sub- Secretary shall submit to the President and pendent adult lives to the maximum extent section (a), including— possible. the Congress— ‘‘(1) the development, evaluation, dem- ‘‘(1) an interim report that summarizes the ‘‘(b) AUTHORIZED ACTIVITIES.— onstration, or dissemination of effective per- ‘‘(1) IN GENERAL.—In carrying out this sec- preliminary findings of the assessment not sonnel preparation practices for personnel to later than October 1, 1998; and tion, the Secretary may support any activity work with children with disabilities; that is consistent with subsection (a), in- ‘‘(2) a final report of the findings of the as- ‘‘(2) promoting the transferability of licen- sessment not later than October 1, 2000. cluding— sure and certification of teachers and admin- ‘‘(A) preparation of personnel at the ad- ‘‘SEC. 664. AUTHORIZATION OF APPROPRIATIONS. istrators among State and local jurisdic- vanced graduate, doctoral, or post-doctoral ‘‘(a) IN GENERAL.—There are authorized to tions; be appropriated to carry out this subpart levels; and ‘‘(3) developing and disseminating models ‘‘(B) professional development of leader- such sums as may be necessary for each of that prepare teachers with strategies, in- the fiscal years 1997 through 2001. ship personnel. cluding behavioral management techniques, ‘‘(2) SCHOLARSHIPS.—The Secretary may in- ‘‘(b) MINIMUM AMOUNTS.—Subject to sub- for addressing the conduct of children with section (c), the Secretary shall ensure that, clude funds for scholarships, with necessary disabilities that impedes their learning and for each fiscal year, at least the following stipends and allowances, in awards under that of others in the classroom; and amounts are provided under this subpart to this section. ‘‘(4) supporting Historically Black Colleges address the following needs: ‘‘(c) PREFERENCES.—In making awards and Universities and institutions of higher ‘‘(1) $12,832,000 to address the educational, under this section, the Secretary shall give education with minority enrollments of at related services, transitional, and early preference to projects at institutions of high- least 25 percent for the purpose of preparing intervention needs of children with deaf- er education that have successfully inte- personnel. blindness. grated the professional development of gen- ‘‘(2) $4,000,000 to address the postsecondary, ‘‘SEC. 674. PROFESSIONAL DEVELOPMENT FOR eral and special education personnel. PERSONNEL SERVING LOW-INCI- ‘‘SEC. 676. SERVICE OBLIGATION. vocational, technical, continuing, and adult DENCE POPULATIONS. ‘‘Each application for funds under section education needs of individuals with deafness. ‘‘(a) PROGRAM AUTHORIZED.—The Secretary ‘‘(c) RATABLE REDUCTION.—If the total may make grants to, and enter into con- 674 or 675 shall include an assurance that the amount appropriated to carry out this sub- tracts and cooperative agreements with, eli- applicant will ensure that individuals who part for any fiscal year is less than gible entities to meet the purpose of this are prepared under the proposed project will $135,600,000, the amounts listed in subsection subpart by supporting preparation for per- subsequently perform work related to their (b) shall be ratably reduced. sonnel who will provide educational and re- preparation or repay all or part of the cost of ‘‘Subpart 2—Professional Development lated services to children with low-incidence such preparation. ‘‘SEC. 671. PURPOSE. disabilities and personnel who will provide ‘‘SEC. 677. OUTREACH. ‘‘The purpose of this subpart is to help en- early intervention services to infants and ‘‘(a) PLAN FOR OUTREACH SERVICES.—The sure that— toddlers with disabilities. Secretary shall develop a plan for providing H6074 CONGRESSIONAL RECORD — HOUSE June 10, 1996 outreach services to the entities and popu- ‘‘(G) local educational agencies; ‘‘(C) how it will address the identified lations described in subsection (b) in order to ‘‘(H) general and special education teach- needs for in-service and pre-service prepara- increase the participation of such entities ers; tion to ensure that all personnel who work and populations in competitions for grants, ‘‘(I) the State educational agency; with children with disabilities (including contracts, and cooperative agreements under ‘‘(J) the State advisory panel established both professional and paraprofessional per- this subpart. under part B; and sonnel who provide early intervention serv- ‘‘(b) ENTITIES AND POPULATIONS DE- ‘‘(K) the State interagency coordinating ices, special education, general education, or SCRIBED.—The entities and populations re- council established under part C. related services) have the skills and knowl- ferred to in subsection (a) are— ‘‘(2) OPTIONAL PARTICIPANTS.—The collabo- edge necessary to meet the needs of children ‘‘(1) Historically Black Colleges and Uni- rative process may include, at the Gov- with disabilities, including a description of versities and other institutions of higher ernor’s discretion, representatives, appointed how— education whose minority student enroll- by the Governor, of— ‘‘(i) the State will prepare general edu- ment is at least 25 percent; ‘‘(A) individuals knowledgeable about vo- cation and special education personnel with ‘‘(2) eligible institutions, as defined in sec- cational education; the content knowledge and collaborative tion 312 of the Higher Education Act of 1965; ‘‘(B) the State agency for higher education; skills needed to meet the needs of children ‘‘(3) nonprofit and for-profit agencies at ‘‘(C) institutions of higher education; with disabilities, including how the State least 51 percent owned or controlled by one ‘‘(D) schools of education; will work with other States on common cer- or more minority individuals; and ‘‘(E) the State vocational rehabilitation tification criteria; ‘‘(4) underrepresented populations. agency; ‘‘(ii) the State will prepare professionals ‘‘(c) FUNDING.—For the purpose of imple- ‘‘(F) public agencies with jurisdiction in and paraprofessionals in the area of early menting the plan required under subsection the areas of health, mental health, social intervention with the content knowledge and (a), the Secretary shall, for each of the fiscal services, and juvenile justice; and collaborative skills needed to meet the needs years 1997 through 2002, expend 1 percent of ‘‘(G) any other individuals designated by of infants and toddlers with disabilities; the funds appropriated for the fiscal year in- the Governor. ‘‘(iii) the State will work with institutions volved for carrying out this subpart. ‘‘SEC. 683. STATE IMPROVEMENT PLANS. of higher education and other entities that ‘‘(d) DILIGENCE.—The Secretary shall exer- ‘‘(a) IN GENERAL.—A State that desires to prepare (on both a pre-service and an in-serv- cise the utmost authority, resourcefulness, receive a grant under this subpart shall sub- ice basis) personnel who work with children and diligence of the Secretary to meet the mit to the Secretary a State improvement with disabilities to ensure that such institu- requirements of this section. plan that is integrated, to the maximum ex- tions and entities develop the capacity to ‘‘(e) REPORT.—Not later than January 31 of tent possible, with State plans under the El- support professional development programs each year, beginning with fiscal year 1997 ementary and Secondary Education Act of which reflect actual education practices and and ending with fiscal year 2002, the Sec- 1965 and the Rehabilitation Act of 1973, as ap- techniques; retary shall submit to the Congress a final propriate. ‘‘(iv) the State’s requirements for licensure ‘‘(b) DETERMINING CHILD AND PROGRAM report on the progress toward meeting the of teachers and administrators, including NEEDS.— goals of this section during the preceding fis- certification and recertification, will be cal year. The report shall include— ‘‘(1) IN GENERAL.—Each State improvement plan shall identify those critical aspects of modified to support an adequate supply of ‘‘(1) a full explanation of any progress to- personnel with the necessary skills and ward meeting the goals of this section; and early intervention, general education, and special education programs (including pro- knowledge (including, where appropriate, ‘‘(2) a plan to meet the goals, if necessary. strategies for developing reciprocal certifi- ‘‘(f) UNDERREPRESENTED POPULATIONS DE- fessional development, based on an assess- ment of State and local needs) that must be cation agreements and common certification FINED.—For purposes of this section, the improved to enable children with disabilities requirements with other States); and term ‘underrepresented populations’ means ‘‘(v) the State will work to develop col- populations such as minorities, the poor, in- to meet the goals established by the State under section 612(a)(14). laborative agreements with other States for dividuals with limited English proficiency, the joint support and development of pro- and individuals with disabilities. ‘‘(2) REQUIRED ANALYSES.—To meet the re- quirement of paragraph (1), the State im- grams to prepare personnel for which there ‘‘Subpart 3—State Program Improvement provement plan shall include at least— is not sufficient demand within a single Grants for Children with Disabilities ‘‘(A) an analysis of all information, reason- State to justify support or development of ‘‘SEC. 681. PURPOSE. ably available to the State, on the perform- such a program of preparation; ‘‘The purpose of this subpart is to assist ance of children with disabilities in the ‘‘(D) how it will work in collaboration with States in reforming and improving their sys- State, including— other States, particularly neighboring tems for providing educational and early ‘‘(i) their performance on State assess- States, to address the lack of uniformity and intervention services, particularly their sys- ments and other performance indicators es- reciprocity in the credentialing of teachers tems for professional development, to im- tablished for all children, including drop-out and other personnel; prove the achievement of children with dis- rates and graduation rates; ‘‘(E) strategies that will address systemic abilities. ‘‘(ii) their participation in postsecondary problems identified in Federal compliance reviews, including shortages of qualified per- ‘‘SEC. 682. ELIGIBILITY AND COLLABORATIVE education and employment; and PROCESS. ‘‘(iii) how their performance on the assess- sonnel; and ‘‘(a) ELIGIBLE APPLICANTS.—A State may ments and indicators described in clause (i) ‘‘(F) how the State will assess, on a regular apply for a grant under this subpart for a compares to that of non-disabled children; basis, the extent to which the strategies im- grant period that is not less than one year, ‘‘(B) an analysis of State and local needs plemented under this subpart have been ef- but is not greater than 4 years. for professional development for personnel to fective; and ‘‘(b) CERTIFICATION THAT COLLABORATIVE serve children with disabilities that in- ‘‘(2) describe how the improvement strate- PROCESS HAS BEEN USED.—A State that de- cludes, at a minimum, relevant information gies under paragraph (1) will be coordinated sires to receive a grant under this subpart on current and anticipated personnel short- with public and private sector resources. shall certify to the Secretary that a collabo- ages, and on the extent of certification or re- ‘‘(d) REPORTING PROCEDURES.—Each State rative process with persons described in sub- training necessary to eliminate such short- that receives a grant under this subpart section (c) has been used in developing the ages, that is based, to the maximum extent shall submit performance reports to the Sec- State improvement plan described in section possible, on existing assessments of person- retary pursuant to a schedule to be deter- 683. nel needs; and mined by the Secretary, but not more fre- ‘‘(c) COLLABORATIVE PROCESS PARTICI- ‘‘(C) a summary of the information and quently that annually. PANTS.— analysis provided by the State to the Sec- ‘‘(e) PLAN APPROVAL.—The Secretary shall ‘‘(1) REQUIRED PARTICIPANTS.—The collabo- retary under parts B and C on the effective- approve a State improvement plan under rative process referred to in subsection (b) is ness of the State’s systems of early interven- this section if it— a State process for making decisions which tion, special education, and general edu- ‘‘(1) meets the requirements of this part; includes as participants, at a minimum, the cation in meeting the needs of children with ‘‘(2) has been developed in accordance with Governor of the State and representatives, disabilities. the requirements of section 682; and appointed by such Governor, of— ‘‘(c) IMPROVEMENT STRATEGIES.—Each ‘‘(3) in the opinion of the Secretary, has a ‘‘(A) parents of children with disabilities; State improvement plan shall— reasonable chance of achieving the purposes ‘‘(B) parents of nondisabled children; ‘‘(1) describe the strategies the State will of the grant. ‘‘(C) individuals with disabilities; use to address the needs identified under sub- ‘‘(f) PLAN AMENDMENTS.— ‘‘(D) organizations representing individuals section (b)(1), including— ‘‘(1) MODIFICATIONS MADE BY STATE.—Sub- with disabilities and their parents; ‘‘(A) how it will hold school districts and ject to paragraph (2), a plan submitted by a ‘‘(E) community-based and other nonprofit schools accountable for educational progress State in accordance with this section shall organizations related to the education and of children with disabilities; remain in effect until the State submits to employment of individuals with disabilities; ‘‘(B) how it will provide technical assist- the Secretary such modifications as the ‘‘(F) the lead State agency official or offi- ance to school districts and schools to im- State determines necessary. This section cials for part C; prove results for children with disabilities; shall apply to a modification to a plan to the June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6075 same extent and in the same manner as this ‘‘(2) assist students with disabilities to un- grant programs under the Individuals with section applies to the original plan. derstand their rights and responsibilities Disabilities Education Act),’’ and inserting ‘‘(2) MODIFICATIONS REQUIRED BY SEC- under section 615(j) on reaching the age of ‘‘Secretary,’’; and RETARY.—The Secretary may require a State majority; and (2) in subparagraph (B), by inserting ‘‘spe- to amend its State improvement plan at any ‘‘(3) establish cooperative partnerships cial education and related services under an time as a result of the Secretary’s compli- with parent organizations, and other organi- individualized education program, proce- ance reviews under parts B and C. The Sec- zations assisting families of children with dural safeguards,’’ after ‘‘civil rights,’’. retary may not provide further funding disabilities, in the community. SEC. 202. EFFECTIVE DATES. under this subpart to the State until such ‘‘(d) APPLICATION REQUIREMENTS.—Each ap- (a) PARTS A, B, AND C.—Except as provided amendments are made. plication for assistance under this section in subsection (b), parts A, B, and C of the In- ‘‘SEC. 684. USE OF FUNDS. shall identify with specificity the special ef- dividuals with Disabilities Education Act, as ‘‘(a) IN GENERAL.—A State that receives a forts that the applicant will undertake to— amended by title I, shall take effect on July grant under this subpart may use the grant ‘‘(1) ensure that the needs for training and 1, 1997. to carry out any activities that are described information of parents of underserved chil- (b) SECTION 605.—Section 605 of such Act, in the State improvement plan and that are dren with disabilities in the area to be served as amended by title I, shall take effect upon consistent with the purpose of this subpart. are effectively met; and the enactment of this Act. Such activities may include the awarding of ‘‘(2) work with community-based organiza- (c) PART D.—Part D of such Act, as amend- subgrants, but only if the subgrants are tions. ed by title I, shall take effect on October 1, made to local educational agencies. Any ‘‘(e) DISTRIBUTION OF FUNDS.— 1997. such local educational agency may award ‘‘(1) INITIAL AWARDS.— SEC. 203. REPEALERS. subgrants to any person. Such activities may ‘‘(A) IN GENERAL.—The Secretary shall (a) PART I.—Part I of the Individuals with also include the awarding of contracts to ap- make at least one award to a parent organi- Disabilities Education Act is hereby re- propriate entities. zation in each State, unless the Secretary pealed. ‘‘(b) USE OF FUNDS FOR PROFESSIONAL DE- does not receive an application from such an (b) PART H.—Effective July 1, 1997, part H VELOPMENT.—A State that receives a grant organization in each State of sufficient qual- of such Act is hereby repealed. under this subpart shall use not less than 75 ity to warrant approval. (c) PARTS E, F, AND G.—Effective October percent of the funds it receives under the ‘‘(B) SELECTION REQUIREMENT.—The Sec- 1, 1997, parts E, F, and G of such Act are grant for any fiscal year to ensure that there retary shall select among applications sub- hereby repealed. is a sufficient supply of personnel who have mitted by parent organizations in a State in The SPEAKER pro tempore. Pursu- the skills and knowledge necessary to enable a manner that ensures the most effective as- ant to the rule, the gentleman from sistance to parents, including parents in children with disabilities to meet devel- Pennsylvania [Mr. GOODLING] and the opmental goals and to meet the needs of urban and rural areas, in the State. ‘‘(2) ADDITIONAL AWARDS.— gentleman from Michigan [Mr. KILDEE] such children, including working with other each will control 20 minutes. States on common certification criteria. ‘‘(A) IN GENERAL.—The Secretary may The Chair recognizes the gentleman ‘‘(c) GRANTS TO TERRITORIES.—The provi- make additional awards to community-based sions of Public Law 95–134, permitting the parent organizations in each State. from Pennsylvania [Mr. GOODLING]. consolidation of grants to the territories, ‘‘(B) SELECTION REQUIREMENT.—The Sec- Mr. GOODLING. Mr. Speaker, I yield shall not apply to funds received under this retary may make additional awards in a myself such time as I may consume. subpart. manner that ensures that parents of children Mr. Speaker, I rise in support of H.R. with disabilities in low-income, high-den- ‘‘SEC. 685. MINIMUM STATE ALLOTMENTS. 3268, the IDEA Improvement Act, sity, and rural areas have access to parent which amends the Individuals with Dis- ‘‘A State that receives a grant under this training and information centers that pro- subpart shall receive an amount that is— vide appropriate training and information. abilities Education Act. ‘‘(1) not less than $200,000, in the case of ‘‘SEC. 692. TECHNICAL ASSISTANCE FOR PARENT This bill will take major steps to- the 50 States, the District of Columbia, and TRAINING AND INFORMATION CEN- ward better education for children with the Commonwealth of Puerto Rico; and TERS. disabilities and, as a result, will in- ‘‘(2) not less than $40,000, in the case of a ‘‘(a) PROGRAM AUTHORIZED.—The Secretary crease the ability of these children to territory. may provide technical assistance for devel- become productive, fully participating ‘‘SEC. 686. AUTHORIZATION OF APPROPRIATIONS. oping, assisting, and coordinating parent citizens in their communities. This leg- ‘‘There are authorized to be appropriated training and information programs carried to carry out this subpart such sums as may out by parent training and information cen- islation will improve special education be necessary for each of the fiscal years 1997 ters receiving assistance under section 691. by doing the following: through 2001. ‘‘(b) AUTHORIZED ACTIVITIES.—The Sec- Placing an emphasis on what is best ‘‘Subpart 4—Parent Training retary may provide technical assistance to a educationally for children with disabil- parent training and information center ities instead of burdensome paperwork ‘‘SEC. 691. GRANTS FOR PARENT TRAINING AND under this section in areas such as— INFORMATION CENTERS. requirements; giving teachers more ‘‘(1) effective coordination of parent train- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary flexibility and schools lower costs; en- ing efforts; may make grants to, and enter into con- hancing parental input; and making ‘‘(2) dissemination of information; tracts and cooperative agreements with, par- ‘‘(3) evaluation by the center of itself; schools safer for students and teachers. ent organizations to support parent training ‘‘(4) promotion of the use of technology, in- There are many important changes and information centers to carry out activi- cluding assistive technology devices and to IDEA in this legislation. I might add ties under this subpart. assistive technology services; that after 11⁄2 years of work by the ‘‘(b) REQUIRED ACTIVITIES.—A parent train- ‘‘(5) reaching underserved populations; committee, the disabilities community ing and information center that receives as- ‘‘(6) including children with disabilities in sistance under this section shall— and the education community asked if general education programs; ‘‘(1) assist parents to understand the avail- they could recommend some changes to ‘‘(7) facilitation of transitions from— ability of, and how effectively to use, proce- the legislation. ‘‘(A) early intervention services to pre- dural safeguards under this title, including We told them they could have a week school; the use of alternative methods of dispute res- ‘‘(B) preschool to school; and to suggest changes to the legislation if olution, such as mediation; ‘‘(C) secondary school to postsecondary en- they brought together all of the leaders ‘‘(2) serve the parents of children with the vironments; and of the disability and education commu- full range of disabilities; and ‘‘(8) promotion of alternative methods of nities. I did not know what they would ‘‘(3) annually report to the Secretary on— dispute resolution. ‘‘(A) the number of parents to whom it pro- recommend, but they managed to put vided information and training in the most ‘‘SEC. 693. AUTHORIZATION OF APPROPRIATIONS. together a strong package of sugges- recently concluded fiscal year; and ‘‘There are authorized to be appropriated tions under the leadership of Madeline ‘‘(B) the effectiveness of strategies used to to carry out this subpart such sums as may Will and Patti Smith. This legislation reach and serve parents of children with dis- be necessary for each of the fiscal years 1997 includes the vast majority of the abilities, including underserved parents of through 2001.’’. changes recommended by that large children with disabilities. TITLE II—MISCELLANEOUS PROVISIONS group of education, disability, and par- ‘‘(c) OPTIONAL ACTIVITIES.—A parent train- SEC. 201. AMENDMENT TO ESEA TO COORDINATE ent organizations, who worked to- ing and information center that receives as- IDEA AND SCHOOLWIDE PROGRAMS. sistance under this section may— Section 1114(a)(4) of the Elementary and gether closely in the past weeks to rec- ‘‘(1) provide information to teachers and Secondary Education Act of 1965 (20 U.S.C. ommend improvements to our legisla- other professionals who provide special edu- 6314(a)(4)) is amended— tion prior to our committee markup. cation and related services to children with (1) in subparagraph (A), by striking ‘‘Sec- I have strong letters of support for disabilities; retary (other than formula or discretionary the bill from groups like the National H6076 CONGRESSIONAL RECORD — HOUSE June 10, 1996 School Boards Association and the Na- for students, and take important steps to re- plans often have no link to the general tional Association of Elementary duce the litigiousness of IDEA. We urge your education curriculum. Therefore, chil- School Principals. They term this leg- support for this legislation. For further in- dren remain in special education be- islation an ‘‘excellent step’’ and a bill formation, please contact William Bruno, Di- cause they lose contact with what rector of Federal Programs. which ‘‘contains many improvements Sincerely, other children their age are learning and reforms that will improve services SAMMY J. QUINTANA, and can no longer keep up. This legisla- for students with disabilities.’’ President. tion will ensure that the general cur- I include those for the RECORD: THOMAS A. SHANNON, riculum is part of every child’s edu- NATIONAL ASSOCIATION OF Executive Director. cation plan or justifies why it is not. ELEMENTARY SCHOOL PRINCIPALS, Mr. Speaker, the changes in the The bill will assure parents’ ability Alexandria, VA, June 5, 1996. IDEA Improvement Act will have a to participate in key decision-making Hon. RANDY CUNNINGHAM, positive, measurable impact on the meetings about their children’s edu- House of Representatives, lives of millions of students with dis- cation and ensure that they will have Washington, DC. abilities. When enacted, the bill will better access to their child’s school DEAR REPRESENTATIVE CUNNINGHAM: On be- half of the National Association of Elemen- help children with disabilities learn records. They will also be updated no tary School Principals, I am writing to urge more and learn better, which should be less regularly than the parents of non- you to work to bring H.R. 3268, the Idea Im- the ultimate test of any education law. disabled students through parent- provement Act of 1996, to the House floor as Students with disabilities will now be teacher conferences and report cards. soon as possible. We believe it would be bene- expected, to the maximum extent pos- The bill ensures that States will offer ficial to bring the bill up for floor consider- sible, to meet the same high edu- mediation services to resolve disputes. ation under suspension of the rules. cational expectations that have been This change will encourage parents and NAESP supports the bill that emerged set for all students by States and local schools to work out differences in a from the Economic and Educational Oppor- less adversarial manner. Currently, if tunities Committee because we consider it to schools. be an improvement over current law. We be- There will be an emphasis on what the parents and the school cannot re- lieve that IDEA is a well-intended law that works instead of filling out paperwork. solve their differences in the IEP meet- needs to be updated to address the realities No longer will teachers be forced to ing they have no choice but to file for of today’s schools. H.R. 3268 is an excellent complete massive piles of unnecessary, a due process hearing and attorneys be- step in that direction, particularly with re- federally required forms and data col- come involved. Providing mediation spect to its school safety provisions. lection sheets. These changes will early in the process will cut the costs We hope you will do what you can to foster mean more time for teachers to dedi- related to litigation. the timely consideration of IDEA by the full Local principals and school adminis- House of Representatives. Thank you for cate to their students, and fewer re- your attention to this matter. sources wasted on process for its own trators will be given more flexibility. Sincerely, sake. There will be simplified accounting and SALLY N. MCCONNELL, The IDEA Improvement Act will help flexibility in local planning. No longer Director of Government Relations. cut costly referrals to special edu- will accounting rules prevent even in- cation by emphasizing basic academics cidental benefits to other, nondisabled NASBA, in the general education classroom. In children for fear of lost Federal fund- June 7, 1996. the 1993–94 school year, 2.44 million of ing. Hon. WILLIAM F. GOODLING, our Nation’s 4.79 million special edu- The bill will make schools safer for House of Representatives, Washington, DC. cation children were there because all students, disabled and nondisabled, DEAR REPRESENTATIVE GOODLING: The Na- tional School Boards Association (NSBA), on they have learning disabilities. Many and for their teachers. We will enable behalf of the more than 95,000 local school of these problems could be addressed schools to quickly remove violent stu- board members, believes the Individuals with with better academics in the early dents and those who bring weapons or Disabilities Education Act (IDEA) is a valu- grades. drugs to school, regardless of their dis- able law that has provided millions of stu- Under our bill, following every eval- ability status. dents with disabilities the opportunities uation of a child for special education The bill will ensure that such chil- they need to achieve their potential. H.R. services, school personnel will need to dren can quickly be moved to alter- 3268 reauthorizing IDEA contains many im- consider whether the child’s problems native placements for 45 days, during provements and reforms that will improve which time the child’s teachers, prin- services for students with disabilities and are the result of lack of previous in- make special education programs work more struction. Too often, children whose cipal, and parents can decide what effectively across the country. It is also problems come from a lack of reading changes, if any, should be made to the carefully crafted compromise legislation skills enter special education because child’s IEP and placement. that incorporates many recommendations of they were not properly taught how to The legislation will also ensure that both parents groups and educators. For these read in their primary years. disability status will not affect the reasons, NSBA urges members of Congress to The IDEA Improvement Act will school’s general disciplinary proce- vote for the legislation. eliminate many of the financial incen- dures. In discipline cases, the child’s H.R. 3268 addresses many of the key school tives for overidentifying children as individualized education program team safety provisions raised by NSBA, and local educators across the country. H.R. 3268 will disabled. The change in the Federal will determine whether the child’s ac- make it significantly easier for school offi- formula, which I will talk about short- tions were a result of their disability. cials to protect the safety of all students and ly, will reduce the Federal bonus for If it was not, schools will need to take school personnel. Specifically, H.R. 3268 will identifying additional children as dis- the same action with disabled children make additional behavioral interventions abled. The legislation will also ensure as they would with any other child. available to students; and in the modest that States do not use placement-driv- Part C, the infants and toddlers pro- number of cases where such interventions en funding formulas that tie funds to gram, has been changed to strengthen are not successful, dangerous students could the physical location of the child. the intent of past Congress to promote be educated in more appropriate placements. early intervention services to infants The legislation also contains several provi- These formulas currently drive over- sions designed to provide schools with great- identification and costs. and toddlers in natural environment er flexibility in administering the law, and The legislation will also help ensure settings. Under this bill, State policies to provide additional funding sources for fi- that assignment to special education is and procedures implementing this pro- nancing special education services. For ex- not permanent. Children are often re- gram will direct the provision of serv- ample, H.R. 3268 will make more resources ferred to special education in early ices in natural settings. This require- available for educating students by reform- grades and then never leave. Once iden- ment will not mean that all services, ing the overly adversarial dispute resolution tified and placed in special education such as physical therapy, must be pro- process. As this legislation proceeds toward these children remain there through- vided in the child’s home. Rather, if enactment, NSBA also will work to secure additional changes that are needed to con- out their primary and secondary edu- the infant’s or toddler’s IFSP team trol the costs of IDEA. cation. Part of the problem lies with chooses to provide services in a re- H.R. 3268 will help improve school safety the child not keeping pace academi- stricted setting the child’s individual- for all students, result in improved services cally with his peers. Special education ized family services plan will need to June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6077 justify why this location is most appro- I would also like to thank Mr. quired forms and data collection sheets. priate. GREENWOOD, Mr. GUNDERSON, Mr. TAL- These changes will mean more time for teach- Early intervention services were not ENT, Mr. SOUDER, Mr. RIGGS, Mr. CLAY, ers to dedicate to their students, and fewer re- intended to be provided using a medi- Mr. KILDEE, and Mr. MILLER, and all sources wasted on process for its own sake. cal model. Early intervention services others who have worked in a bipartisan The IDEA Improvement Act will help cut should enhance the learning and devel- manner to improve the IDEA, and par- costly referrals to special education by empha- opment of the infant or toddler with a ticularly the staffs headed by Todd sizing basic academics in the general edu- disability, and the ability of the family Jones on our side and Sarah Davis on cation classroom. In the 1993±94 school year, to meet the special needs of their child. the other side. 2.44 million of our Nation's 4.79 million special To accomplish this the family must be The IDEA Improvement Act is the education children were there because they trained to provide as many of the most important change to America’s have learning disabilities. Many of these prob- child’s services as possible. special education system since the pas- lems could be addressed with better academ- Center or clinic based programs are sage of Public Law 94–142 in 1975. Over- ics in the early grades. very expensive. This emphasis on natu- all, America’s special education system The IDEA Improvement Act has addressed ral settings, besides being the most ap- as has been structured has not accom- this issue in several ways. First, following propriate location for providing serv- plished what has been necessary to every evaluation of a child for special edu- ices to infants and toddlers, will lower educate our children with disabilities. cation services, school personnel will need to the costs for the States as they imple- There is broad agreement on the need consider whether the child's problems are the ment these changes. This issue of to change. Results are important. Ac- result of lack of previous instruction. Too where services will be provided and the countability is important. I believe often, children whose primary problems result costs relating to the different choices this bill will help give America’s chil- from a lack of reading skills enter special edu- is one which will continue to be worked dren with disabilities what they were cation because their problem was not properly out as we proceed to conference. promised 21 years ago: the real oppor- addressed with basic academics. This change Finally, I would like to talk about tunity to receive a quality education. I will result in fewer children being improperly the formula which will determine the ask that my statement be included in identified as disabled because their actual Federal appropriation each State will the RECORD. need, lack of skills, will be noted and ad- receive. Let me say first of all—no Mr. Speaker, thank you for permitting me to dressed in a general education setting. State will lose funds for 3 years. Forty- present for consideration H.R. 3268, the IDEA Second, the bill's discretionary training pro- six States lose no funds through the Improvement Act, which amends the Individ- gram will provide necessary training for gen- first 6 years of the transition to the uals With Disabilities Education Act. This bill eral education teachers that is not being pro- new formula. This bill phases in the will take major steps toward better education vided today. Current federal training grant pro- process from allocating funds to the for children with disabilities, and as a result grams ultimately focus their resources on pre- States based on a child count of chil- will increase the ability of these children to be- service for special education teachers, be- dren with disabilities to a population- come productive, fully participating citizens in cause universities that receive the grants are based formula for a factor for poverty. their communities. deciding what the priorities for training are. The new formula is based 85 percent on This legislation will improve special edu- While such training is important, where local the number of children in the State cation by: placing an emphasis on what is teachers and schools are given the oppor- and 15 percent on State poverty statis- best educationally for children with disabilities tunity to decide what priorities are most impor- tics. instead of burdensome paperwork require- tant, they consistently cite in-service training, This is a major step in the move to ments; giving teachers more flexibility and particularly for general education teachers, reduce the overidentification of chil- schools lower costs; enhancing parental input; and pre-service training for early grade gen- dren as disabled, particularly African- and making schools safer for students and eral education and reading teachers. This bill American males who have been pushed teachers. will refocus Federal efforts by putting the deci- into the special education system in There are many important changes to IDEA sion making power with States and local disproportionate numbers. The Clinton in this legislation. It includes the vast majority schools, who are in a better position to recog- administration recognized the problem of the changes recommended by a large nize and serve their local needs. This will with the current system in its bill, sug- group of education, disability, and parent orga- mean teachers with better skills in the critical gesting a population-based formula nizations, who worked together closely in the early grades, which will lead to better taught with new funding. Many of my Demo- past weeks to recommend improvements to children and ultimately, fewer special edu- crat colleagues also recognized the im- our legislation prior to our committee markup. cation referrals. portance of this change when they in- That cooperation itself is historic. Never before Third, the IDEA Improvement Act will elimi- troduced that bill last year as H.R. have so many groups with such divergent nate many of the financial incentives for over- 1986. viewpoints come together on behalf of children identifying children as disabled. The change in In 1994, the Department of Edu- with disabilities. I hope the result is an ongo- the Federal formula, which I will talk about cation’s inspector general rec- ing dialog and continuing effort to meet the shortly, will reduce the Federal bonus for iden- ommended changing the formula in a needs of our children. tifying additional children as disabled. Hope- manner similar to the way we have I have strong letters of support for the bill fully, States will follow suit, moving toward changed it in this bill. They called the from the National School Boards Association similar formulas. The legislation will also en- current formula a bounty system that and the National Association of Elementary sure that States do not use placement-drive encourages putting children in special School Principals. They term this legislation an funding formulas that tie funds to physical lo- education when they should not be. ``excellent step'' and a bill which ``contains cation of the child. Such incentives encourage Before I conclude, I want to note that many improvements and reforms that will im- children to be placed in more restrictive set- this legislation represents over a year prove services for students with disabilities.'' I tings, from which they are less likely to ever of hard work by the members of this would ask that they be entered in the RECORD. leave. They also encourage placement in spe- committee. The changes in the IDEA Improvement Act cial education in the first place, particularly will have a real and positive impact on the children with mild disabilities that might best b 1530 lives of millions of students with disabilities. be served in general education classrooms But I would like to thank one col- When enacted, the bill will help children with with more assistance, instead of separate league in particular for his dedication disabilities learn more and learn better, which classrooms. to the bill. The subcommittee chair- should be the ultimate test of any education The legislation will also help ensure that as- man, the gentleman from California, law. Students with disabilities will now be ex- signment to special education is not perma- Mr. DUKE CUNNINGHAM, has led this bill pected, to the maximum extent possible, to nent. Children are often referred to special through its yearlong journey to a vote meet the same high educational expectations education in early grades and then never today. He has dedicated many hours to which have been set for all students by States leave. Part of the problem lies with the child crafting an outstanding piece of intri- and local schools. There will be an emphasis not keeping pace academically with their cate and comprehensive legislation. on what works instead of filling out paperwork. peers. Special education plans often have no Mr. CUNNINGHAM has my sincere No longer will teachers be forced to complete link to the general curriculum. Therefore, chil- thanks. massive piles of unnecessary, federally re- dren remain in special education because they H6078 CONGRESSIONAL RECORD — HOUSE June 10, 1996 lose contact with what other children their age provided in the child's home. Rather, if the in- child or special expertise is required to be on are learning and can no longer keep up. This fant's or toddler's IFSP team chooses to pro- the IEP team, not special knowledge or spe- legislation will ensure that the general curricu- vide services in a more restrictive setting, the cial expertise; properly placing one of Mr. MIL- lum is part of every child's individualized edu- child's individualized family services plan will LER's markup amendments within the proce- cation program [IEP] or justified why it is not. need to justify why this location is most appro- dural safeguards section; making the language The bill will assure parents' ability to partici- priate. in Mrs. MINK's amendment consistent with the pate in key decision-making meetings about Early intervention services were not in- terms used in the bill; ensuring that the profes- their children's education and they will have tended to be provided using a medical model. sional standards suspension provision only ap- better access to school records. They will also Early intervention services should enhance the plies to the highest standard provision, not to be updated no less regularly than the parents learning and development of the infant or tod- all professional standards; ensuring that the of nondisabled students through parent-teach- dler with a disability, and the ability of the fam- Secretary has the authority to actually make er conferences and report cards. Parents will ily to meet the special needs of their child. awards and grants under part D, subpart 1; be in a better position to know about their Center or clinic based programs are very ex- and making technical and cross-reference child's education, and will be able to ensure pensive. This emphasis on natural settings, changes to implement the intent of the bill. that their views are part of the IEP team's de- besides being the most appropriate location Before I conclude, I want to note that this cision making process. for providing services to infants and toddlers, legislation represents over a year of hard work The bill ensures that States will offer medi- will lower the costs for the States as they im- by the members of this committee. But I would ation services to resolve disputes. Mediation plement these changes. The issue of where like to thank one colleague in particular for his has proved successful in the nearly three- services will be provided and the costs relating dedication to this bill. Subcommittee Chairman quarters of the States that have adopted it. to the different choices is one which will con- DUKE CUNNINGHAM has led this bill through its This change will encourage parents and tinue to be worked out as we proceed to con- year long journey to our vote today. He has schools to work out differences in a less ad- ference. dedicated many hours to crafting an outstand- versarial manner. The bill will also eliminate Finally, I would like to talk about the formula ing piece of intricate and comprehensive legis- attorney's fees for participating in IEP meet- which will determine how much of the Federal lation. Mr. CUNNINGHAM has my sincere ings, unless they have been ordered to by a appropriation each State will receive. Let me thanks. court or hearing officer. The purpose of this say first of all no State will lose funds for 2 I also want to thank Mr. GREENWOOD, Mr. change is to return IEP meetings to their origi- years; 49 States lose no funds through the GUNDERSON, Mr. TALENT, Mr. SOUDER, Mr. nal purpose, discussing the child's needs. first 5 years of the transition to the new for- RIGGS, Mr. CLAY, Mr. KILDEE, Mr. MILLER, and Our legislation will reduce litigation under mula. This bill moves from allocating funds to all the others who have worked in a bipartisan IDEA by ensuring that schools have proper the States based on a child count of children manner to improve the IDEA. notice of a parent's concerns prior to a due with disabilities to a population-based formula The IDEA Improvement Act is the most im- process action commencing. In cases where with a factor for poverty. The new formula is portant change to the America's special edu- parents and schools disagree with the child's based 85 percent on the number in the State cation system since the passage of Public IEP, the school will have real notice of the and 15 percent on State poverty statistics. Law 94±142 in 1975. Overall, America's spe- parent's concerns prior to due process. We This is a major step in the move to reduce the cial education system as it has been struc- hope that this will lead to earlier resolution of overidentification of children as disabled, par- tured has not accomplished what is necessary such disputes without actual due process or ticularly African-American males who have to educate our children with disabilities. There litigation. been pushed into the special education sys- is broad agreement on the need to change. Local principals and school administrators tem in disproportionate numbers. Results are important. Accountability is impor- will be given more flexibility. There will be sim- The Clinton administration recognized the tant. I believe this bill will help give America's plified accounting and flexibility in local plan- problem with the current system in its bill, sug- children with disabilities what they were prom- ning. No longer will accounting rules prevent gesting a population-based formula with future ised 21 years ago: the real opportunity to re- even incidental benefits to other, nondisabled funding. Many of my Democrat colleagues ceive a quality public education. children for fear of lost Federal funding. also recognized the importance of this change Mr. Speaker, I reserve the balance of The bill will make schools safer for all stu- when they introduced that bill last year as my time. dents, disabled and nondisabled, and for their H.R. 1986. In 1994, the Department of Edu- Mr. KILDEE. Mr. Speaker, I yield teachers. Expanding upon current procedures cation's Inspector General recommended myself such time as I may consume. for students with firearms, we will enable changing the formula exactly as we have Mr. Speaker, I rise today in support schools to quickly remove violent students and changed it in this bill. They called the current of H.R. 3268, the IDEA Improvement those who bring weapons or drugs to school, formula a bounty system that encourages put- Act of 1996, and urge my colleagues in regardless of their disability status. The bill will ting children in special education when they the House to do the same. ensure that such children can quickly be should not be. This is a relatively young law. In moved to alternative placements for 45 days, Obviously, when a change this large is un- fact, we have recently celebrated the during which time the child's teachers, prin- dertaken, some States will gain in the count 20th anniversary of the historic enact- cipal, and parents can decide what changes, and others will be reduced. In an effort to hold ment of this bill. It seems almost im- if any, should be made to the child's IEP and the negative impact on States to a minimum, possible to imagine, Mr. Speaker, that placement. the first 10-percent of the funds which a State just two short decades ago children The legislation will also ensure that disability would lose will be held harmless. In effect this were routinely excluded from one of status will not affect the school's general dis- means that during the transition to the new our most important institutions in this ciplinary procedures where appropriate. In dis- formula, any State which loses 10 percent or country, public schools. IDEA and the cipline cases, the child's individualized edu- less will see no reduction in funding. Those improvements we are proposing to cation program team will determine whether States that would lose more than 10 percent make in this reauthorization are the child's actions were a manifestation of his are held harmless for that 10 percent. For ex- among the proudest legacies of this or her disability. If they were not, schools will ample, if a State's 1996 allocation were to be Congress and our committee. And let need to take the same action with disabled $120 million, and the transition formula would me say to my good friend, the gen- children as they would with any other child. allocate $104 million to the State in 2002, that tleman from Pennsylvania [Mr. GOOD- This would include expulsion in weapons and State would still receive $116 million; that is, LING], that although this has been drug cases where that is permitted by local or the $104 million allocation plus 10 percent of sometimes a very difficult process, it State law. the 1996 allocation, which amounts to $12 mil- has been a very productive process, and Part C, the infants and toddlers program, lion. I want to thank the gentleman for his has been changed to strengthen the intent of Aside from the part C and funding formula patience and his determination, that past Congresses to promote early intervention changes, there are several other small and we designed a reauthorization bill that services to infants and toddlers in natural envi- technical changes in today's bill from the bill could gain bipartisan support. ronments. Under this bill, State policies and reported out of committee last month. These I would also like to thank my sub- procedures implementing this program will di- include: noting the role of education service committee chairman, the gentleman rect the provision of services in natural set- agencies in the findings and purposes, and from California, Mr. DUKE tings. This requirement will not mean that all updating some of the statistics used in the CUNNINGHAM, who is tireless in his de- services, such as physical therapy, must be findings; ensuring that knowledge about the sire to find common ground between a June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6079 myriad of conflicting viewpoints and I want to thank the chairman for his out follow-up services if the behavior relates to approaches. great work on this bill, and I want to weapons or drugs or was found to be unre- Finally, I would like to express my thank also the subcommittee chair- lated to the child's disability. gratitude to the participants of the man, the gentleman from California, The result of the House provisions as it re- IDEA consensus group for their re- Mr. DUKE CUNNINGHAM, and I want to lates to disciplinary measures is that students markable devotion to the children and thank their staff also, especially, Sally whose actions are found to be unrelated to families served by this law. This law is Lovejoy, Todd Jones, and Doris Husted, their disability may be expelled without serv- as virtuous as it is because of them, along with Sarah Davis and Melissia ices for weapons and illegal drug cases if so and I thank them for the hundreds of Benton on our staff. Their prodigious provided by State law. hours they committed to helping us effort really has been instrumental and Federal law is supporting the expulsion of fashion a proposal which we have be- essential in writing this bill. We at school-age students from school indefinitely fore us today. times had points in this bill where we without providing some type of alternative I would like to say a word about one thought we could go no further, but be- services. Without special services, the out- of the improvements in this bill. When cause of their patience and their tenac- comes for children with disabilities in this situ- this bill is signed into law it will re- ity and that of DUKE CUNNINGHAM and ation are much worse than for children without quire new interagency agreements that the good work between our staffs, we disabilities. When we sanction this in Federal will provide a means of improving re- were able to write a bill that we can be law, we are supporting the cessation of edu- lated services to disabled students by proud of, and I want to thank all those cation services to students with disabilities sharing costs across the widest possible involved in that. who are the most vulnerable. fiscal base. There are many Federal, Madam Speaker, I yield such time as The question is are we mandating a disserv- State, county, and municipal agencies he may consume to the gentleman ice to students and/or to society when we per- that could provide related services for from Missouri [Mr. CLAY]. mit school-age students to be thrown into the disabled students, but currently do not. (Mr. CLAY asked and was given per- streets without any alternative placement? Are The principal reason why all appro- mission to revise and extend his re- we simply creating a worse criminal law prob- priate agencies do not provide such marks.) lem later? services is that those served by special Mr. CLAY. Madam Speaker, today, we de- Although there has been a frequent ref- education are considered the sole re- bate the Individuals With Disabilities Education erence to the minuscule number of student af- sponsibility of the public school sys- Act which mandates a free appropriate public fected by this change, our concern is that any tem. I think that it makes both fiscal education for children with disabilities and pro- number is too many. I intend to carefully follow the implementa- and programmatic sense to involve all vides Federal funding to State and local edu- tion of this legislation and carefully follow the services providers while maintaining cation agencies in helping to meet this goal. result of this provision. the current seamless delivery systems IDEA is the main Federal law intended to sup- An additional issue that I will address is the in schools. port and improve early intervention and spe- streamlining of the special purpose programs Public school systems now shoulder cial education for infants, toddlers, children, under IDEA. Currently, under IDEA, there are the fiscal responsibility for special edu- and youth with disabilities. The centerpiece of 14 special purpose programs that authorize cation. As the cost of health care has IDEA is the Grants to States Program that as- discretionary grants to support early interven- continued to rise, the absence of an ef- sists States to serve school age children with tion and special education research, dem- fective cost-sharing mechanism has un- disabilities. onstration projects, teacher training, and infor- fairly focused attention on the costs of The legislation we debate today is com- mation dissemination. The House bill would special education. Relying on local prehensive. However, the two issues which I consolidate these 14 programs into 4. school budgets for the cost of health, will address in my time allotted are first, ces- The concern is that support for certain vital mental health, and social services sation of services for disabled students, and functions might be lost in the transition to the causes needless conflict with parents second, the streamlining of special purpose four new progams. The Federal role in the over the scope of services and the cuts programs under IDEA. area of early intervention and special edu- in programs for both disabled and non- The first issue is the cessation of services cation research and development, without disabled students. for disabled students. In other words, the question, has led to improved outcomes for According to a recent editorial in issue is whether a disabled school-age stu- children with disabilities. Although specific pro- Education Week, special education dent can be expelled from school indefinitely gram headings will disappear in the new legis- costs now are about $35 billion nation- without educational services for certain unac- lation, that should not suggest that our work is ally. By some estimates a full 6 billion ceptable behavior. The cessation of edu- done in these areas. The education of stu- of those costs could be shared. That is cational services to children with disabilities is dents with disabilities will not improve without only a fraction of total local, State, one of the most controversial changes to a strong Federal role that advances the knowl- and Federal spending on health care IDEA. Current law allows schools to use dis- edge base and tools of educators. and social and mental health services, ciplinary procedures on children with disabil- I urge my colleagues to very carefully con- but it is a huge amount for local ities, including expulsion, but these procedures sider this legislation. schools. cannot result in a cessation of services. This Mr. GOODLING. Madam Speaker, I And before I yield, I want to thank is an issue which received considerable and yield 6 minutes to the ‘‘DUKE’’ from the administration for providing the contentious debate and discussion during de- California, Mr. CUNNINGHAM, the sub- blueprint for this proposal. Impor- liberations on this legislation. committee chairman who piloted this tantly, the bill will refocus the provi- To set this issue in perspective, current law through his subcommittee. sion of services under IDEA towards permits the school to suspend a child for up Mr. CUNNINGHAM. That is the Cali- improving educational results by pro- to 10 school days whenever a student poses fornia DUKE, not the Louisiana Duke, moting greater participation in the an immediate threat to the safety of others. Madam Speaker. general curriculum an the assessments Further, if a child with a disability is deter- Madam Speaker, can our colleagues that measure student progress and by mined to have brought a firearm to school, the imagine having a child with disabil- affirming that school reform efforts child may be placed in an interim alternative ities and no place to go, that the school must include children with disabilities. education setting in accordance with State refuses to teach that child, and they The bill also promotes improvements law, for not more than 45 days. have no hope that that child will have in teaching and learning in two ways: The Senate reported bill contains language a bite at the American dream? Well through a strong commitment to pro- which permits the child to be placed in an in- over 21 years ago, Madam Speaker, viding teachers and families with the terim alternative educational setting for 35 there was a program established to ad- tools and training they will need to im- days if a child with a disability has a dan- dress this problem, IDEA. And it is prove achievement; and, second, by re- gerous weapon in his/her possession, en- said, well, why fix a program that is ducing administrative burdens at all gages in the illegal use, possession, or dis- working good? First of all, IDEA was levels and increasing administrative tribution of drugs, or engages in behavior that up for reauthorization. And today we flexibility. We are sending a signal to results in or is substantially likely to result in live in a computer age. We do not use schools that we want better results for serious bodily injury. The Senate provision typewriters. It is time for a new ap- children, not unread paperwork. could result in the student being expelled with- proach, and like each bill that comes H6080 CONGRESSIONAL RECORD — HOUSE June 10, 1996 before us, the direction that we set lawyer there, the school has got to Third, we believe we must restore fairness forth was to try and do this in a bipar- have one, and that takes dollars away to the distribution of Federal money under tisan manner. from the system. So at this first due IDEA. While the current formula was written I want to thank my colleague, the process meeting, we try and encourage for a good reason, problems have arisen. The gentleman from Michigan [Mr. KIL- mediation where two people or two Department of Education inspector general DEE]. When he was the chairman of my groups can sit down and save the focus found that some States over identify children subcommittee, he was very fair and and save the dollars to go back into the into special education, and get more than their worked very closely with me, as he education of children. fair share of Federal money. That's not right. does now as ranking member. Madam Speaker, I know there are a So we gradually transition away from that un- Second, I would like to thank the couple of other speakers that wanted fair formula, toward one based upon popu- gentleman from Pennsylvania [Mr. to speak. And I know the gentlewoman lation, a small poverty factor, and a hold harm- GOODLING]. As chairman, he led well. from Maryland [Mrs. MORELLA] did. I less for several affected States. I agree that He did not micromanage. He gave me will submit the rest of this for the Congress should provide more funding for the reins that I needed to be able to go RECORD. In this bill, we replace confu- local schools to meet this mandate. And I forth. sion with clarity and simplicity. I have joined several other Members in request- I would like to thank especially the think it is a great improvement. I ing it. California legislature and all the prin- could not have done that without the And fourth, is the issue of discipline. Under cipals and superintendents that I had gentleman from Michigan [Mr. KIL- the law today, there is disagreement and con- meetings and hearings with on this DEE], through his guidance. And I could fusion among schools and families, over how bill. On IDEA, I had more meetings not have done it without the leadership and when to discipline children with disabil- than I have had on national security. of my chairman, the gentleman from ities. This is particularly tough in the most dif- My colleagues cannot realize the dif- Pennsylvania [Mr. GOODLING]. We have ficult and violent cases. But we replace confu- ferent interest groups that come into prepared here to thank the staffs and sion with clarity and simplicity. We ensure safe play. And to get a consensus of teach- the different people; the other Mem- classrooms and safe schools. And we main- ers, of schools, and parents on a bill bers have already done that so I will tain agreed-upon procedural safeguards for like this has been very, very difficult not say that again. But I will submit it children with disabilities. and very trying. for the RECORD. We have made many other improvements in But we have done it. And I think that I urge all Members to support the the IDEA Improvement Act, such as consoli- the reauthorization and the improve- IDEA Improvement Act. dating and focusing programs, and reforming ment of this act is going to help chil- Mr. Speaker and Chairman GOODLING, professional development for teachers. We dren. thank you for recognizing me in support of my have simplified our schools's administration of First priority was to help schools bill, the IDEA Improvement Act. special education. achieve more of their budgetary ac- This legislation is based upon one principle: But everything we have done returns to this counts toward special-education chil- That children with disabilities deserve a fight- one principle: That children with disabilities de- dren. Many of the procedures that ing chance to grow up and achieve the Amer- serve an excellent education, so they have a schools were forced to go through, ican dream. And to have that fighting chance, fighting chance at the American dream. along with lawsuits and the dollars children need an excellent education. Because in America, children with learning going to lawyers and paperwork, were So a year and a half ago, we set out to disabilities should discover the world of read- taking away from the actual dollars make the Nation's special education law bet- ing. Children with emotional disturbances that we wanted to focus to kids. So we ter. America has had a national special edu- should acquire the confidence they need set forth and tried to resolve that prob- cation law for 21 years. By many measures, it through learning and achievement. Children lem. has succeeded. Children who were regarded who were once thought to be helpless should We wanted to allow schools to func- as helpless now receive an education. Fami- grow to become active, working, and produc- tion well, and serve not only special lies who were powerless to get schooling for tive citizens of our communities. In America, education children, but all children their children now get it. And schools who the best Nation on Earth, we can and do work better, so that those dollars were not lacked direction in how to provide special edu- together to make things better. taken away. In many cases today, we cation now have it. I would like to thank my chairman, BILL would have lengthy litigation. In Cali- But we can do better. It's taken many meet- GOODLING, for his leadership, and for working fornia there is one case where over $1 ings, and a lot of time. But with the agreement closely together with me on this bill. My Youth million dollars was taken away from of Republicans and Democrats, families and Subcommittee's ranking member, DALE KIL- the school system through unwise liti- educators, we have done better for our DEE, proved his friendship again, as a friend of gation. We resolved that problem, and schools and for our Nation's children. To- mine and a friend of our Nation's children. we got the consensus of both the parent gether, we have developed the first com- I also would like to recognize: Todd Jones, groups and the schools. That was dif- prehensive reform of our Nation's special edu- Doris Husted, and Sally Lovejoy from the com- ficult. cation law. We have made it better for our mittee majority staff, Frank Purcell of my per- Madam Speaker, I do not know if our children with disabilities. And we have im- sonal staff, Sara Platt Davis of the committee colleagues have ever taken a dirt clod proved schools' ability to run the program. minority staff, Steve Aleman from CRS, legis- and thrown it at a wasps’ nest. But all Chairman GOODLING has outlined this legis- lative counsels Susan Fleishmann and Mark the little wasps, when you do that, lation in detail. Let me highlight four areas Synnes and all the representatives of schools, start dancing around, and they are which I find particularly important. teachers, and families of children with disabil- going to sting. When we take a look at First, we believe it is important for schools ities, whose time and contributions to this ef- the challenges present in IDEA and the and families to focus on quality education, in- fort made the IDEA Improvement Act possible. problems that we have gone through in stead of bureaucratic paperwork. So we have Thank you. bringing this bill to the floor, I think made several improvements in the IEP, the In- I urge all Members to support the IDEA Im- we have done a pretty good job. dividualized Education Program that is re- provement Act. We found that school boards did not quired for every child with a disability. For the Mr. KILDEE. Madam Speaker, I yield know what their responsibilities were, first time, the IEP must focus on the edu- 5 minutes to the gentleman from Mon- teachers did not know what their re- cational progress of the child, not merely list tana [Mr. WILLIAMS]. sponsibilities were, and parents did not pre-programmed services. Mr. WILLIAMS. Madam Speaker, I always know what the law entailed and Second, we believe it is important to make appreciate the opportunity to speak in were trying to overprescribe special- every special education dollar count. Every support of this important legislation. I education requirements to the schools. dollar that pays for attorneys or unnecessary appreciate all of the hard work that In the end, it resulted in a lot of law- paperwork is a dollar that cannot buy a book, has been done on both sides of the aisle suits to the schools. pay a teacher, or educate a child. So where to make this reauthorization a biparti- So what did we do? We said in the there is disagreement between families and san effort. I think it is very important first due process meeting between a schools over how to best educate a child with that we make changes to this law, and parent and a school that a lawyer can- a disability, we strongly encourage them to I know there are some positive changes not be present. Because if there is a work it out through mediation. in this bill. I would just like to take a June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6081 second and remind folks of the progress disabilities in these areas. It is critical b 1545 that the Individuals With Disabilities for Montana to have its State alloca- Mr. GOODLING. Madam Speaker, I Education Act has made during the tion based on the number of students encourage my colleague, the gen- past 20 years. with disabilities so that there is some tleman from Montana [Mr. WILLIAMS], In 1974, before the passage of IDEA, incentive to reach out to this popu- to look at the new formula, and hope- there were 70,655 children living in lation and find those kids in desperate fully, since that is the direction the ad- State institutions compared to 4,000 need of services. ministration wanted to go, we can do children in 1994. In 1994, the average I have heard the argument that this something different than the Senate State institution expenditure was formula may create some situations of has done. $82,256 per child. So it is clear that this overidentification in some areas or Madam Speaker, I yield 2 minutes to law is saving the Government and tax- populations. But, it just does not make the gentlewoman from Maryland [Mrs. payers an awful lot of money. sense to me. If a State identifies a MORELLA]. The number of students with disabil- child with disabilities, they must then Mrs. MORELLA. Madam Speaker, I ities completing high school with a di- serve that child, and the Federal Gov- thank the gentleman for yielding me ploma or certificate increased from 55 ernment is not giving them nearly the time. percent in 1984 10 years ago to 64 per- enough money to provide those serv- Madam Speaker, I rise in praise of cent in 1992. ices. ILL GOODLING, RANDY According to a Harris poll, 44 percent Congressmen B I also have concerns that time is run- CUNNINGHAM, and DALE KILDEE, and all of all people with disabilities have ning short on getting this legislation of the members of the Committee on some college education today, com- through conference committee. The Economic and Educational Opportuni- pared to only 29 percent in 1986. Forty- Senate is adamantly opposed to this ties for moving IDEA to the House seven percent of people without dis- change and we do not have the time to floor. This is a very important piece of abilities have some college education. engage in a formula fight. legislation that must be reauthorized Fifty-seven percent of youth with I am also still very concerned to see disabilities are competitively employed this year. IDEA has made it possible this Congress moving in the direction for millions of children and youth with within 5 years of leaving school today, of ceasing educational services for dis- compared to an employment rate of disabilities to gain an education. IDEA abled children under certain cir- has enabled millions of children to only 33 percent for older people with cumstances. Cessation of services for disabilities who have not benefited grow up to become productive and con- any student with disabilities is simply tributing members of society. from IDEA. not necessary to ensure the goal of So it is clear this law is having a tre- Let me share with you the story of school safety. The bill before us today mendous positive effect on the lives of Cecilia Pauley. Cecilia was born with already allows for the following actions individuals with disabilities, and I am Down’s syndrome. She has loving par- to be taken for students who have en- supportive of continuing to make ents and brothers and sisters who give gaged in serious misconduct involving changes that strengthen the IEP proc- her their time and attention, and have weapons, drugs, or misbehavior causing ess and involve regular education helped her with her school work. serious injury: Students can be imme- teachers and parents; coordinating edu- Cecilia attends a regular high school diately suspended from school for up to cation with health and social services; in Montgomery County, MD. She has 10 school days—2 weeks; school person- ensuring mediation is available to par- been an inspiration to other students nel can order a change in placement of ents; and reducing some of the Federal at the school. She works in the school the child to an interim alternative burden on local school districts. nurse’s office, and next year she will placement for an additional 45 school By and large, I feel that we have start college. Cecilia gives many days—9 weeks. During this time, the made a great deal of progress on this speeches to large groups, and she in- school can review the child’s place- legislation and I appreciate the biparti- spires others to work up to their poten- ment, services, recommend changes in san work that has been done to this tial. Without IDEA, Cecilia could not placement after the 45-day period con- end to strengthen the personnel stand- have succeeded. cludes, or subject the child to other ards provisions, eliminate the part H Last week, I spoke at the graduation disciplinary procedures. demonstration proposal, and strength- of two students at Stephen Knolls en the manifestation determination I support these provisions, but fail to School in Montgomery County, MD—a process. I do, still have a couple of con- see how the cessation of educational school for multiply disabled. Anthony cerns that I hope can be resolved dur- services will result in anything other Barbaro and Laurie Springer and their ing conference. than harming our students with dis- families were uplifted by such caring Specifically I am still uncomfortable abilities. education. They learned life skills. with the formula change and I would It is important to consider the real Principal Jane Jackson and staff are like to go on record in support of cur- life impact that cessation will have on committed to the program. rent law. these children as we consider changing As a former teacher, I remember the Twenty years ago, when this law was a long-standing Federal commitment days when, only two decades ago, dis- adopted, Congress found that 1 million to educating children with disabilities. abled children were unserved and un- children with disabilities were partici- Students with disabilities who are derserved. At a time when we, as a Na- pating in regular school programs, but expelled or suspended under current tion, are upgrading our system of edu- because their disabilities were unde- law are typically kids with learning cation to make our students more com- tected, they were prevented from hav- disabilities or emotional problems. Re- petitive globally, we cannot afford to ing a successful school experience. search tells us that these are kids lower our standards for any segment of This was the critical reason that whose long-term prospects are very our student population. Congress decided to base the IDEA for- grim if they are separated from all edu- Again, I commend Mr. CUNNINGHAM mula on the numbers of students iden- cational services. and Mr. GOODLING for their excellent tified with disabilities, a law guaran- The majority of kids with these dis- work in bringing this bill to the House teeing the free and appropriate edu- abilities who drop out of school are ar- floor. cation for these children, must have rested. Their prospects for employment Mr. KILDEE. Madam Speaker, I yield some mechanism for ensuring that are poor. And, the odds are stacked myself such time as I may consume. children with disabilities are identified against them for ever succeeding in the Madam Speaker, I would like to also and served. long-run. thank people from the department who In my State, 7 percent of the popu- If we really care about our commu- played a very important role in this: lation is Native American. With 50,000 nities, and safe schools, we should be Judy Heuman, Tom Hehir, Carol native people and nearly 8,000 native investing in continuing the services Cichowski, Paul Riddle, Patricia children spread throughout 7 reserva- these individuals need to become good Leahy, Theta Zwesa, Susan Craig, Judy tions in very remote locations, it is ex- citizens, not cutting off any chance of Wurtzel, Connie Garner, and Susan tremely difficult to find children with beating the odds. Leonard. H6082 CONGRESSIONAL RECORD — HOUSE June 10, 1996 Madam Speaker, I yield 3 minutes to education that this reauthorization bill the disruptive disabled student in the IEP the gentleman from Indiana [Mr. ROE- will bring to them. I encourage more process. The purpose is to ensure that chil- MER]. movement toward a newer formula dren with behavioral problems receive the Mr. ROEMER. Madam Speaker, I that is fair to all children. proper support and services. It is imperative, thank the gentleman for yielding time Mr. GOODLING. Madam Speaker, I however, that children with disabilities not be to me. yield myself 30 seconds. considered disruptive based on a lack of un- Madam Speaker, I too would like to I would indicate, Madam Speaker, derstanding of the nature of the disability or its join in some of the accolades and in that the gentleman’s State of Indiana effect on behavior, disruption caused by de- commending the gentleman from Penn- will not lose any money for 5 years vices, accessibility, auxiliary aides, or services sylvania [Mr. GOODLING] and the gen- under this bill, and probably will ulti- used by the child, a failure to provide services, tleman from California [Mr. mately not lose any money because of including behavioral management, or behavior CUNNINGHAM] on the Republican side, increasing appropriations. What we are inherent to the disability itself, such as sei- and the gentleman from Michigan [Mr. trying to do in this bill is stop over- zures. KILDEE] and the gentleman from Cali- identification of children with disabil- I have been particularly concerned about fornia [Mr. CLAY] on the Democratic ities and just serve those who really changes affecting due process rights of chil- side; for this, truly, is legislation that have disabilities. With this bill, we will dren under IDEA, those core protections that has taken educational opportunities to eliminate the financial incentives for make this law work and provide the key bal- equality for maybe young people that placing children into special education ance of interests between parents and school were not being served and were vir- when they do not actually have disabil- districts. While I am pleased that a number of tually being ignored. This is important ities. It is unfair to those children who, changes were accepted by the majority that legislation because this legislation will as I indicated earlier, are often black increase my comfort level, including my bring the sense of not just empathy to male children. amendments increasing due process protec- so many disabled young people, but ef- But to ensure that education is not tions for children who face cessation of serv- ficiency to so many of these young peo- disrupted, this bill provides that 49 ices as a result of disciplinary actions, I re- ple seeking an education, seeking to States lose nothing for 5 years and main troubled about several remaining issues. better themselves. probably nothing ever as we increase First and foremost is that the bill authorizes Madam Speaker, we would think that the amount of money appropriated States to cease services for disabled children with all these accolades, that this under this bill. as a disciplinary measure, albeit on a highly would be perfect legislation. I do not Mr. MILLER of California. Madam Speaker, restricted basis. This is wrong and the vast think that this body has ever dealt I would like to express my qualified support for majority of education and disability groups with perfect legislation. I would just H.R. 3268, the IDEA Improvement Act of agree. In California, the legislature recently point out one particular area of deep 1996. While this bill makes some important passed a law that requires the provision of concern to me and why I think we need changes in the 20-year-old law providing spe- educational services to all expelled students. If to continue to move this legislation in cial education and related services to 5.8 mil- the California Legislature can conclude that conference into a more fair manner in lion disabled children and youth, I have some this sound educational and social policy does terms of the funding formula. serious reservations about several aspects of not compromise school safety then Congress Historically we have based our fund- the bill. Nonetheless, I believe it is very impor- should. Unfortunately, the Senate bill gives us ing formula under IDEA on the basis of tant to move this legislation forward with the no leeway to change this provision. targeting it to those individuals who hopes that some of my remaining concerns Second, I believe that when an offense that are disabled. When we marked this bill will be satisfactorily resolved in conference will result in serious disciplinary action is the up in committee, a State like Indiana with the Senate. least bit subjective, only an objective partyÐa lost about 22 percent of its funds not I would like to especially thank Chairman hearing officerÐshould have the authority to because we had a number of disabled GOODLING for the spirit of bipartisanship that order a change in placement. The bill allows people move out of our State and go to marked the latter days of our negotiations over a principal to change a disabled child's place- more populous States. We still have this bill. The majority came a very long way in ment for up to 55 schooldays under the loose- the same number of disabled; but many accommodating concerns that I shared with ly defined category serious injury, which of these moneys now are being moved other members of the minority on the Opportu- means, among other things a verbal assault. to more populous States because the nities Committee as well as with the parent, Not only does this definition need to be tight- formula has shifted from targeted to disability, and education groups that have ened up, but the decision to change place- people with disabilities to targeted to such a vital stake in the future of IDEA. ment should certainly be that of a hearing offi- States with bigger populations. This legislation contains a number of provi- cer rather than a school official. Madam Speaker, while I recognize sions, many of which were taken from the ad- There are other areas I would like to see the chairman, in improving this bill ministration bill, that will improve IDEA and addressed in conference. For example, I am and going from about a 22 percent loss bring the education of disabled children into not convinced that a change in the interstate in the State of Indiana, he now has in- the 21st century. These include requirements formula is merited or will resolve problems corporated the hold-harmless provi- that schools hold disabled students to the with overidentification. I do think that schools sion, we now go to about 11 percent highest possible standards and that they be need to have a certain stake in child-find and loss. I would encourage him, and I hope accountable for educational results. The edu- that the current child-based formula provides to work with him in conference so that cation of disabled children must be part and this. I am also concerned about provisions al- I might represent my State in commit- parcel of school reform. The bill also strength- lowing personnel standards to be waived, and tee, in conference, and work to improve ens and improves provisions relating to the would prefer to see the issue of personnel the formula so that it is judicious, it is evaluation of disabled children and develop- shortages to be handled with measures to in- fair to disabled children whether they ment of their individualized education pro- crease the capacity of States to meet person- live in South Bend, IN, or Sacramento, grams, [IEP] to promote the participation of nel needs. I am also very concerned that criti- CA. We have to make sure they get the child in the general curriculum while ensur- cal technological research and development these services. ing that the range of necessary services to ad- for disabled children will come to a halt with Madam Speaker, just as a final exam- dress that child's needs remain available. I be- the bill's ending discretionary authorities for ple, if we were doing wetlands legisla- lieve that provisions making the classroom such activities. tion on the House floor, we would not teacher a fuller participant in the design as We will have the opportunity to address target the wetlands legislation to the well as the implementation of the child's pro- most of these issues in conference, and it is most populous States or base it upon gram are particularly valuable. with this confidence that I urge my colleagues population. We would say where are In this regard, amendments added in com- to support this bill. the wetlands? Are they in Indiana, or mittee by Mrs. MINK and Mr. GREENWOOD are Mr. GILMAN. Madam Speaker, I rise today are more of them in the South or the well-crafted responses to concerns about dis- in support of the Individuals with Disabilities North? This formula should not be ruptive disabled students that should ensure Education Improvement Act [IDEA] and com- based upon population, because each that the classroom teacher's concerns are mend its sponsor, the distinguished chairman and every one of these disabled chil- taken into consideration. These amendments of the Subcommittee on Early Childhood, dren deserves the equal opportunity to rightfully place the responsibility for addressing Youth and Families, Mr. CUNNINGHAM, and the June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6083 distinguished chairman of the Committee on 3268, which reauthorizes the Individuals With the Individuals With Disabilities Education Im- Economic and Educational Opportunities, Mr. Disabilities Education Act. This is not a perfect provement Act [IDEA] and commend Chair- GOODLING, for all of their diligent work in bring- bill. There are some provisions that I have man GOODLING and Subcommittee Chairman ing this important bipartisan legislation to the concerns about, however, the bill does go a CUNNINGHAM for their thoughtful, fair, and im- floor. long way to improve the current act and I be- portant work on this issue. I am pleased that This measure effectively incorporates nu- lieve will in the end improve educational serv- this bill received strong bipartisan support from merous initiatives that have been proposed by ices for children with disabilities. the committee and that a broad coalition of in- educators and school board members in my Since the enactment of the Education for All terested groups was able to work together in district. This bill seeks to give the classroom Handicapped Children Act in 1975, IDEA's the development of this legislation. teacher the ability to maintain adequate dis- predecessor, we have made tremendous I believe in the right of a child with a disabil- cipline with regard to special education stu- strides in improving education for children with ity to a free, appropriate public education and dents. While previous law prohibited a school disabilities. This act, among other things, has I believe IDEA needed revision to assure the from suspending or expelling a disabled stu- stressed the importance of inclusion or goals of our laws are achieved in a way that dent for more than 10 days, except in the situ- mainstreaming children with disabilities into preserves opportunity for all and better reflects ation where the student has brought a gun to the regular classroom. the advances that have been made in the school, this bill provides for removal to an al- As more children with disabilities have been area of special education. Also, we needed ternative placement for students who bring included in regular classroom instruction, how- change so States can better manage the regu- weapons to school, bring illegal drugs to ever, regular education teachers have not al- latory and financial burden of the current law school or illegally distribute legal drugs in ways been given the appropriate training, sup- so our resources can be more effectively fo- schools, students who engage in assault or plementary aids and services, and support to cused on educational needs. battery, and students, who by proof of sub- best meet the educational needs of disabled Unfortunately, schools have had to spend stantial evidence present a danger to himself children in their classrooms. In addition, regu- valuable time and resources dealing with dis- or others. I believe that this bill effectively ad- lar education teachers have had very little cipline and litigation problems that are wasting dresses that issue of classroom safety, while input into the educational plan for disabled valuable education dollars and preventing a still maintaining protection for the students children, known as an Individualized Education fair and consistent approach to schools' efforts against arbitrary placement changes. Plan [IEP] required for each child covered to develop personal discipline in students. Furthermore this measure requires States to under IDEA. H.R. 3268 will help address these issues in a make mediation available to school authorities Ways to manage a child's behavior or even positive way to benefit all students in the Na- and parents who disagree over a disabled stu- punish a child appropriatelyÐif necessaryÐ tion's schools. have not been clearly spelled out for regular dent's educational plan, instead of forcing the Mr. CASTLE. Madam Speaker, the Individ- education teachers. Can they use techniques parties to move their dispute into the court. It uals With Disabilities Act has been in exist- used with other children? Are there special is our hope that an increase in the use of me- ence since 1975 to ensure that all children techniques to use for a particular disabled diation will reduce the acrimony involved in have access to a free and appropriate public child? Many of these questions go unan- these disputes and will save money that has education. Prior to the enactment of IDEA, dis- swered and the regular education teacher in the past been spent on attorney fees. Fur- abled children were often denied adequate often feels helpless to keep control over his/ thermore it is my hope that the new formula public education. her classroom and appropriately deal with the changes phased in over 10 years will reduce Some studies have found that more than child with a disability should the child act out, over-identification and promote the effective one-half of the children with disabilities in the as all children tend to do from time to time. use of government resources. United States did not receive appropriate edu- This bill recognizes these problems that cational services prior to enactment of IDEA, Accordingly, Mr. Speaker, I urge my col- have developed as the educational setting for and 1 million children with disabilities were ex- leagues to support this worthy measure to re- disabled children has changed, and makes cluded entirely from public schools. IDEA has form our Nation's special education programs. several key changes to IDEA which will assure successfully helped States provide quality Mr. FAWELL. Madam Speaker, I rise in sup- that the regular education teacher is a much education to millions of disabled students port of H.R. 3268, the Individuals with Disabil- greater participant in the development of a across America. This legislation is critically im- ities Education Act Improvement Act of 1996. child's education plan, so teachers do not feel portant to millions of disabled children in In 1975, the original version of the Individ- that their hands are tied when it comes to chil- America, not to mention their families, their uals with Disabilities Education Act [IDEA] was dren with disabilities. signed into law. This comprehensive statute, First, the bill includes the regular education friends, and their teachers. ensuring the right of children with disabilities classroom teacher as a member of the IEP The bill updates IDEA for modern times, to a free, appropriate public education, has team, and requires that this teacher participate preserving its strengths and strengthening its guaranteed that over 5 million children with in the development of the child's IEP. Second, weaknesses. For example, the bill makes disabilities are provided the services they the bill includes an amendment I authored IDEA more efficient by reducing redtape, while need to reach their educational goals. which further clarifies that regular education maintaining protections for disabled children. It H.R. 3268 makes changes to provisions in teachers must be included in the development makes schools safer by allowing schools to IDEA which will improve the academic of specific part of the IEP, including a behav- treat disabled children the same as non- achievement of students by helping teachers ioral management plan of a child, supple- disabled students where their behavior is not identify classroom placements which most fit mentary aids and services needed for that related to the child's disability. It increases pa- children's needs. The legislation will make child to participate in a regular classroom, and rental involvement in key decisionmaking necessary changes in provisions governing other support for school personnel to assure meetings about their child's education and mediation and attorney's fees, ensuring that appropriate services to a disabled child in a placement. It provides teachers with the dollars for IDEA go to the education of chil- regular classroom. knowledge and training to effectively support dren, not to court fees. Finally, another amendment added in com- students' learning. It gives States more flexibil- The IDEA Improvement Act has bipartisan mittee requires that if a child with a disability ity in using resources. And it reduces the num- support and incorporates a majority of rec- has a pattern of severe disruptions within the ber of formal disputes by establishing ommendations formulated by a broad group of classroom, the regular education teacher can premeditation systems where parties try to re- disability organizations, education groups, par- convene an IEP team meeting and discuss solve their disagreements without lawyers. ent representatives, and others. I am pleased what can be done, whether it is additional sup- The bill also tries to address the problem of at the support for this historic civil rights law port and services in the classroom, or a children being improperly and overly identified and the House's commitment to providing change in placement for the child. as disabled by modifying the funding formula teachers and families with the tools and train- These are important changes that will go a for part B, which is the centerpiece of IDEA. ing they need to help disabled students suc- long way in assuring that all those involved in The current formula gives funds to States on ceed in school. the education of disabled children, special the basis of the number of students who have I commend Chairman BILL GOODLING, and education teachers, parents, administrators, been identified as disabled. The proposed for- Subcommittee Chairman DUKE CUNNINGHAM and regular education teachers will be in- mula gives funds to States based on the num- for their hard work on this bill, and urge the cluded in the effort to provide the best edu- ber of school-aged children in the State and House's support. cation possible for children with disabilities. State poverty statistics. The new formula is Mrs. MINK of Hawaii. Madam Speaker, I Mrs. JOHNSON of Connecticut. Madam phased in over 10 years. This formula change rise today to express my support for H.R. Speaker, I rise in strong support of H.R. 3268, is intended to discourage the overidentification H6084 CONGRESSIONAL RECORD — HOUSE June 10, 1996 of children with disabilities. I understand and ing situations that they were never educated marks on H.R. 3268, IDEA Improvement support this policy objective. The proposed to deal with. I have every confidence that to- Act of 1996. formula is more rational and meritorious than day's teachers can deal with these situations, The SPEAKER pro tempore. Is there allowing local schools to identify disabled stu- but we need to recognize that they need and objection to the request of the gen- dents. want the proper training to do so. tleman from Pennsylvania? I was concerned, however, that this formula I am confident that classrooms can be bet- There was no objection. would hurt States that legitimately had higher ter life-learning environments when they con- f rates of disability. Fortunately, the Committee tain many different children with many unique ANTARCTIC ENVIRONMENTAL on Economic and Educational Opportunities qualities and talents. However, a solid system PROTECTION ACT OF 1996 recognized the importance of protecting of professional skills development is the key to Mr. WALKER. Madam Speaker, I States, including small States like Delaware. making these classrooms good learning and move to suspend the rules and pass the The formula has been modified to prevent teaching environments for everyone involved. bill (H.R. 3060) to implement the Proto- States from facing significant funding reduc- This kind of comprehensive professional de- col on Environmental Protection to tions which could have hampered their ability velopment is important on many levels. Our the Antarctic Treaty. to provide a free and appropriate public edu- committee has had to balance questions of The Clerk read as follows: cation to disabled children. how to discipline children with disabilities in H.R. 3060 The committee had an important opportunity this bill, but I believe that this would not be Be it enacted by the Senate and House of Rep- to improve IDEA and build on its previous suc- such a prevalent issue if we had the resources resentatives of the United States of America in cesses, and it worked in a bipartisan manner to train teachers appropriately. Children whose Congress assembled, to achieve this goal. I want to commend the needs are understood and accounted for, and SECTION 1. SHORT TITLE. committee leadership and staff for its excellent teachers who are trained to manage special This Act may be cited as the ‘‘Antarctic work in drafting this bill, and I urge my col- difficulties that arise, will need for the dis- Environmental Protection Act of 1996’’. leagues to give this bill their support. cipline provisions of this bill. I think we would TITLE I—AMENDMENTS TO THE Mr. SAWYER. Madam Speaker, I would like all like to see that happen. ANTARCTIC CONSERVATION ACT OF 1978 to begin by thanking Chairman GOODLING and Along with professional development, an- SEC. 101. FINDINGS AND PURPOSE. Chairman CUNNINGHAM for their thoughtful other key to making this bill work well is the Section 2 of the Antarctic Conservation work on this bill. IDEA is one law where com- ability to assess children's needs properly. I Act of 1978 (16 U.S.C. 2401) is amended to read as follows: mon ground has always been possible, but offered an amendment at the full committee ‘‘SEC. 2. FINDINGS AND PURPOSE. never easy. Today, we are closer to that com- level that was designed to add to the definition ‘‘(a) FINDINGS.—The Congress finds that mon ground than many thought probable a of evaluation in this bill to ensure that chil- the Antarctic Treaty and the Protocol on month ago. All of those who have had a hand dren's needs are properly assessed with tech- Environmental Protection to the Antarctic in bringing us to this point deserve to be com- nically sound instruments in all areas of their Treaty establish a firm foundation for the mended. suspected disability before any decisions are comprehensive protection of the Antarctic When the markup of this bill was originally made about how and where they can learn environment, the continuation of inter- scheduled in our committee, I was concerned national cooperation, and the freedom of sci- best. I am grateful that with a small amount of entific investigation in Antarctica. that we would have come away with a bill that rewording, the chairman and I were able to ‘‘(b) PURPOSE.—The purpose of this Act is no one was happy with, and I hoped that a come to an agreement on this amendment. It to provide legislative authority to imple- postponement would give us time to reach bi- is now a part of the bill before us today. This ment, with respect to the United States, the partisan consensus. I sent a letter to Chair- was a fine example of bipartisanship and a Protocol on Environmental Protection to man GOODLING explaining my concern. Chair- willingness to find common ground. the Antarctic Treaty.’’. man GOODLING did postpone the markup from I know that this bill is not perfect in every- SEC. 102. DEFINITIONS. its originally scheduled time and today, after Section 3 of the Antarctic Conservation one's eyes, and I know that many of us have Act of 1978 (16 U.S.C. 2402) is amended to read many hours of productive negotiations among deep reservations about the Federal Govern- as follows: the various groups with an interest in this bill ment sanctioning cessation of educational ‘‘SEC. 3. DEFINITIONS. as well as among those of us on the commit- services for any child. However, I think most ‘‘For purposes of this Act— tee, we have a bill which is in many ways bet- of us now agree that it is a strong piece of ‘‘(1) the term ‘Administrator’ means the ter than some thought possible. legislation that will go far to improve and en- Administrator of the Environmental Protec- I am particularly pleased that the chairman hance education for disabled children and tion Agency; ‘‘(2) the term ‘Antarctica’ means the area decided to continue the authorization for a dis- learning environments for all children. cretionary grant program for professional de- south of 60 degrees south latitude; Thank you again to everyone who worked to ‘‘(3) the term ‘Antarctic Specially Pro- velopment as well as the requirement that make certain that the good that this law has tected Area’ means an area identified as such States establish a comprehensive system of done for disabled children over the past 20 pursuant to Annex V to the Protocol; professional development. Although there are years will continue. ‘‘(4) the term ‘Director’ means the Director a few specific points that I hope we can clarify Mr. KILDEE. Madam Speaker, I have of the National Science Foundation; in conference negotiations with the Senate, it no further requests for time, and I ‘‘(5) the term ‘harmful interference’ is important that we have included these two yield back the balance of my time. means— provisions. Mr. GOODLING. Madam Speaker, I ‘‘(A) flying or landing helicopters or other I have always believed that a strong system aircraft in a manner that disturbs concentra- have no further requests for time, and tions of birds or seals; of professional development will fortify this bill. I yield back the balance of my time. ‘‘(B) using vehicles or vessels, including With changing technologies, methods of The SPEAKER pro tempore (Ms. hovercraft and small boats, in a manner that teaching, and the emerging and changing GREENE of Utah). The question is on disturbs concentrations of birds or seals; needs of today's children, a strong system of the motion offered by the gentleman ‘‘(C) using explosives or firearms in a man- professional development is essential. We from Pennsylvania [Mr. GOODLING] that ner that disturbs concentrations of birds or need to focus on developing and maintaining the House suspend the rules and pass seals; a force of qualified personnel to teach children ‘‘(D) willfully disturbing breeding or the bill, H.R. 3268, as amended. molting birds or concentrations of birds or with a wide range of special needs. Especially The question was taken; and (two- seals by persons on foot; recognizing the considerable shortages of thirds having voted in favor thereof) ‘‘(E) significantly damaging concentra- qualified special education teachers in some the rules were suspended and the bill, tions of native terrestrial plants by landing areas of this country, it is crucial that we take as amended was passed. aircraft, driving vehicles, or walking on the lead at the national level by placing a high A motion to reconsider was laid on them, or by other means; and priority on providing for quality systems of pro- the table. ‘‘(F) any activity that results in the sig- nificant adverse modification of habitats of fessional teacher development. f But professional development is not only im- any species or population of native mammal, GENERAL LEAVE native bird, native plant, or native inverte- portant to maintaining a quality special edu- brate; cation teaching force. Training and retraining Mr. GOODLING. Madam Speaker, I ‘‘(6) the term ‘historic site or monument’ is also necessary for teachers whose class- ask unanimous consent that all Mem- means any site or monument listed as a his- room management problems are complicated. bers may have 5 legislative days within toric site or monument pursuant to Annex V Teachers in today's classrooms are address- which to revise and extend their re- to the Protocol; June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6085 ‘‘(7) the term ‘impact’ means impact on the ‘‘(23) the term ‘vessel subject to the juris- ‘‘(4) to engage in any taking or harmful in- Antarctic environment and dependent and diction of the United States’ includes any terference in Antarctica; or associated ecosystems; ‘vessel of the United States’ and any ‘vessel ‘‘(5) to receive, acquire, transport, offer for ‘‘(8) the term ‘import’ means to land on, subject to the jurisdiction of the United sale, sell, purchase, import, export, or have bring into, or introduce into, or attempt to States’ as those terms are defined in section custody, control, or possession of, any native land on, bring into or introduce into, any 303 of the Antarctic Marine Living Resources bird, native mammal, or native plant which place subject to the jurisdiction of the Unit- Convention Act of 1984 (16 U.S.C. 2432).’’. the person knows, or in the exercise of due ed States, including the 12-mile territorial SEC. 103. PROHIBITED ACTS. care should have known, was taken in viola- sea of the United States, whether or not such Section 4 of the Antarctic Conservation tion of this Act. act constitutes an importation within the Act of 1978 (16 U.S.C. 2403) is amended to read ‘‘(c) EXCEPTION FOR EMERGENCIES.—No act meaning of the customs laws of the United as follows: described in subsection (a) (1), (2), (3), (4), (5), States; ‘‘SEC. 4. PROHIBITED ACTS. (7), (12), or (13) or in subsection (b) shall be ‘‘(9) the term ‘native bird’ means any mem- ‘‘(a) IN GENERAL.—It is unlawful for any unlawful if the person committing the act ber, at any stage of its life cycle (including person— reasonably believed that the act was com- eggs), of any species of the class Aves which ‘‘(1) to introduce any prohibited product mitted under emergency circumstances in- is indigenous to Antarctica or occurs there onto land or ice shelves or into water in Ant- volving the safety of human life or of ships, seasonally through natural migrations, and arctica; aircraft, or equipment or facilities of high includes any part of such member; ‘‘(2) to dispose of any waste onto ice-free value, or the protection of the environ- ‘‘(10) the term ‘native invertebrate’ means land areas or into fresh water systems in ment.’’. any terrestrial or freshwater invertebrate, at Antarctica; SEC. 104. ENVIRONMENTAL IMPACT ASSESS- any stage of its life cycle, which is indige- ‘‘(3) to dispose of any prohibited waste in MENT. nous to Antarctica, and includes any part of Antarctica; The Antarctic Conservation Act of 1978 is such invertebrate; ‘‘(4) to engage in open burning of waste; amended by inserting after section 4 the fol- ‘‘(11) the term ‘native mammal’ means any ‘‘(5) to transport passengers to, from, or lowing new section: member, at any stage of its life cycle, of any within Antarctica by any seagoing vessel not ‘‘SEC. 4A. ENVIRONMENTAL IMPACT ASSESS- species of the class Mammalia, which is in- required to comply with the Act to Prevent MENT. digenous to Antarctica or occurs there sea- Pollution from Ships (33 U.S.C. 1901 et seq.), ‘‘(a) FEDERAL ACTIVITIES.—(1)(A) The obli- sonally through natural migrations, and in- unless the person has an agreement with the gations of the United States under Article 8 cludes any part of such member; vessel owner or operator under which the of and Annex I to the Protocol shall be im- ‘‘(12) the term ‘native plant’ means any owner or operator is required to comply with plemented by applying the National Environ- terrestrial or freshwater vegetation, includ- Annex IV to the Protocol; mental Policy Act of 1969 (42 U.S.C. 4321 et ing bryophytes, lichens, fungi, and algae, at ‘‘(6) who organizes, sponsors, operates, or seq.) to proposals for Federal agency activi- any stage of its life cycle (including seeds promotes a nongovernmental expedition to ties in Antarctica, as specified in this sec- and other propagules), which is indigenous to Antarctica, and who does business in the tion. Antarctica, and includes any part of such United States, to fail to notify all members ‘‘(B) The obligations contained in section vegetation; of the expedition of the environmental pro- 102(2)(C) of the National Environmental Pol- ‘‘(13) the term ‘non-native species’ means tection obligations of this Act, and of ac- icy Act of 1969 (42 U.S.C. 4332(2)(C)) shall any species of animal or plant which is not tions which members must take, or not take, apply to all proposals for Federal agency ac- indigenous to Antarctica and does not occur in order to comply with those obligations; tivities occurring in Antarctica and affect- there seasonally through natural migrations; ‘‘(7) to damage, remove, or destroy a his- ing the quality of the human environment in ‘‘(14) the term ‘person’ has the meaning toric site or monument; Antarctica or dependent or associated given that term in section 1 of title 1, United ‘‘(8) to refuse permission to any authorized ecosystems, only as specified in this section. States Code, and includes any person subject officer or employee of the United States to For purposes of the application of such sec- to the jurisdiction of the United States and board a vessel, vehicle, or aircraft of the tion 102(2)(C) under this subsection, the term any department, agency, or other instrumen- United States, or subject to the jurisdiction ‘significantly affecting the quality of the tality of the Federal Government or of any of the United States, for the purpose of con- human environment’ shall have the same State or local government; ducting any search or inspection in connec- meaning as the term ‘more than a minor or ‘‘(15) the term ‘prohibited product’ means tion with the enforcement of this Act or any transitory impact’. any substance banned from introduction regulation promulgated or permit issued ‘‘(2)(A) Unless an agency which proposes to onto land or ice shelves or into water in Ant- under this Act; conduct a Federal activity in Antarctica de- arctica pursuant to Annex III to the Proto- ‘‘(9) to forcibly assault, resist, oppose, im- termines that the activity will have less col; pede, intimidate, or interfere with any au- than a minor or transitory impact, or unless ‘‘(16) the term ‘prohibited waste’ means thorized officer or employee of the United a comprehensive environmental evaluation any substance which must be removed from States in the conduct of any search or in- is being prepared in accordance with sub- Antarctica pursuant to Annex III to the Pro- spection described in paragraph (8); paragraph (C), the agency shall prepare an tocol, but does not include materials used for ‘‘(10) to resist a lawful arrest or detention initial environmental evaluation in accord- balloon envelopes required for scientific re- for any act prohibited by this section; ance with Article 2 of Annex I to the Proto- search and weather forecasting; ‘‘(11) to interfere with, delay, or prevent, col. ‘‘(17) the term ‘Protocol’ means the Proto- by any means, the apprehension, arrest, or ‘‘(B) If the agency determines, through the col on Environmental Protection to the Ant- detention of another person, knowing that preparation of the initial environmental arctic Treaty, signed October 4, 1991, in Ma- such other person has committed any act evaluation, that the proposed Federal activ- drid, and all annexes thereto, including any prohibited by this section; ity is likely to have no more than a minor or future amendments thereto to which the ‘‘(12) to violate any regulation issued under transitory impact, the activity may proceed United States is a party; this Act, or any term or condition of any if appropriate procedures are put in place to ‘‘(18) the term ‘Secretary’ means the Sec- permit issued to that person under this Act; assess and verify the impact of the activity. retary of Commerce; or ‘‘(C) If the agency determines, through the ‘‘(19) the term ‘Specially Protected Spe- ‘‘(13) to attempt to commit or cause to be preparation of the initial environmental cies’ means any native species designated as committed any act prohibited by this sec- evaluation or otherwise, that a proposed a Specially Protected Species pursuant to tion. Federal activity is likely to have more than Annex II to the Protocol; ‘‘(b) ACTS PROHIBITED UNLESS AUTHORIZED a minor or transitory impact, the agency ‘‘(20) the term ‘take’ means to kill, injure, BY PERMIT.—It is unlawful for any person, shall prepare and circulate a comprehensive capture, handle, or molest a native mammal unless authorized by a permit issued under environmental evaluation in accordance or bird, or to remove or damage such quan- this Act— with Article 3 of Annex I to the Protocol, tities of native plants that their local dis- ‘‘(1) to dispose of any waste in Antarctica and shall make such comprehensive environ- tribution or abundance would be signifi- (except as otherwise authorized by the Act mental evaluation publicly available for cantly affected; to Prevent Pollution from Ships) including— comment. ‘‘(21) the term ‘Treaty’ means the Ant- ‘‘(A) disposing of any waste from land into ‘‘(3) Any agency decision under this section arctic Treaty signed in Washington, DC, on the sea in Antarctica; and on whether a proposed Federal activity, to December 1, 1959; ‘‘(B) incinerating any waste on land or ice which paragraph (2)(C) applies, should pro- ‘‘(22) the term ‘United States’ means the shelves in Antarctica, or on board vessels at ceed, and, if so, whether in its original or in several States of the Union, the District of points of embarcation or debarcation, other a modified form, shall be based on the com- Columbia, the Commonwealth of Puerto than through the use at remote field sites of prehensive environmental evaluation as well Rico, American Samoa, the Virgin Islands, incinerator toilets for human waste; as other considerations which the agency, in Guam, the Commonwealth of the Northern ‘‘(2) to introduce into Antarctica any mem- the exercise of its discretion, considers rel- Mariana Islands, and any other common- ber of a nonnative species; evant. wealth, territory, or possession of the United ‘‘(3) to enter or engage in activities within ‘‘(4) For the purposes of this section, the States; and any Antarctic Specially Protected Area; term ‘Federal activity’ includes all activities H6086 CONGRESSIONAL RECORD — HOUSE June 10, 1996 conducted under a Federal agency research sole and exclusive statutory obligations of which implement those annexes, including program in Antarctica, whether or not con- the Federal agencies with regard to assessing section 4(b) (2), (3), (4), and (5) of this Act. ducted by a Federal agency. the environmental impacts of proposed Fed- The Director shall designate as native spe- ‘‘(b) FEDERAL ACTIVITIES CARRIED OUT eral activities occurring in Antarctica. cies— JOINTLY WITH FOREIGN GOVERNMENTS.—(1) ‘‘(g) DECISIONS ON PERMIT APPLICATIONS.— ‘‘(A) each species of the class Aves; For the purposes of this subsection, the term The provisions of this section requiring envi- ‘‘(B) each species of the class Mammalia; ‘Antarctic joint activity’ means any Federal ronmental impact assessments (including and activity in Antarctica which is proposed to initial environmental evaluations and com- ‘‘(C) each species of plant, be conducted, or which is conducted, jointly prehensive environmental evaluations) shall which is indigenous to Antarctica or which or in cooperation with one or more foreign not apply to Federal actions with respect to occurs there seasonally through natural mi- governments. Such term shall be defined in issuing permits under section 5. grations. regulations promulgated by such agencies as ‘‘(h) PUBLICATION OF NOTICES.—Whenever ‘‘(2) The Director, with the concurrence of the President may designate. the Secretary of State makes a determina- the Administrator, shall issue such regula- ‘‘(2) Where the Secretary of State, in co- tion under paragraph (2) of subsection (b) of tions as are necessary and appropriate to im- operation with the lead United States agen- this section, or receives a draft comprehen- plement Annex III to the Protocol and the cy planning an Antarctic joint activity, de- sive environmental evaluation in accordance provisions of this Act which implement that termines that— with Annex I, Article 3(3) to the Protocol, Annex, including section 4(a) (1), (2), (3), and ‘‘(A) the major part of the joint activity is the Secretary of State shall cause timely no- (4), and section 4(b)(1) of this Act. being contributed by a government or gov- tice thereof to be published in the Federal ‘‘(3) The Director shall issue such regula- ernments other than the United States; Register.’’. tions as are necessary and appropriate to im- ‘‘(B) one such government is coordinating SEC. 105. PERMITS. plement Article 15 of the Protocol with re- the implementation of environmental im- Section 5 of the Antarctic Conservation spect to land areas and ice shelves in Antarc- pact assessment procedures for that activity; Act of 1978 (16 U.S.C. 2404) is amended— tica. and (1) in subsection (a) by striking ‘‘section ‘‘(4) The Director shall issue such addi- ‘‘(C) such government has signed, ratified, 4(a)’’ and inserting in lieu thereof ‘‘section tional regulations as are necessary and ap- or acceded to the Protocol, 4(b)’’; propriate to implement the Protocol and this the requirements of subsection (a) of this (2) in subsection (c)(1)(B) by striking ‘‘Spe- Act, except as provided in subsection (b). EGULATIONS TO BE ISSUED BY THE section shall not apply with respect to that cial’’ and inserting in lieu thereof ‘‘Species’’; ‘‘(b) R SECRETARY OF THE DEPARTMENT IN WHICH THE activity. and COAST GUARD IS OPERATING.—The Secretary ‘‘(3) In all cases of Antarctic joint activity (3) in subsection (e)— of the Department in which the Coast Guard other than those described in paragraph (2), (A) by striking ‘‘or native plants to which is operating shall issue such regulations as the requirements of subsection (a) of this the permit applies,’’ in paragraph (1)(A)(i) are necessary and appropriate, in addition to section shall apply with respect to that ac- and inserting in lieu thereof ‘‘native plants, regulations issued under the Act to Prevent tivity, except as provided in paragraph (4). or native invertebrates to which the permit Pollution from Ships (33 U.S.C. 1901 et seq.), ‘‘(4) Determinations described in paragraph applies, and’’; to implement Annex IV to the Protocol and (2), and agency actions and decisions in con- (B) by striking paragraph (1)(A) (ii) and the provisions of this Act which implement nection with assessments of impacts of Ant- (iii) and inserting in lieu thereof the follow- that Annex, and, with the concurrence of the arctic joint activities, shall not be subject to ing new clause: Director, such regulations as are necessary judicial review. ‘‘(ii) the manner in which the taking or and appropriate to implement Article 15 of ‘‘(c) NONGOVERNMENTAL ACTIVITIES.—(1) harmful interference shall be conducted The Administrator shall, within 2 years after (which manner shall be determined by the the Protocol with respect to vessels. ‘‘(c) TIME PERIOD FOR REGULATIONS.—The the date of the enactment of the Antarctic Director to be humane) and the area in regulations to be issued under subsection (a) Environmental Protection Act of 1996, pro- which it will be conducted;’’; (1) and (2) of this section shall be issued mulgate regulations to provide for— (C) by striking ‘‘within Antarctica (other within 2 years after the date of the enact- ‘‘(A) the environmental impact assessment than within any specially protected area)’’ in ment of the Antarctic Environmental Pro- of nongovernmental activities, including paragraph (2)(A) and inserting in lieu thereof tection Act of 1996. The regulations to be is- tourism, for which the United States is re- ‘‘or harmful interference within Antarctica’’; sued under subsection (a)(3) of this section quired to give advance notice under para- (D) by striking ‘‘specially protected spe- shall be issued within 3 years after the date graph 5 of Article VII of the Treaty; and cies’’ in paragraph (2) (A) and (B) and insert- of the enactment of the Antarctic Environ- ‘‘(B) coordination of the review of informa- ing in lieu thereof ‘‘Specially Protected Spe- mental Protection Act of 1996.’’. tion regarding environmental impact assess- cies’’; ment received from other Parties under the (E) by striking ‘‘; and’’ at the end of para- SEC. 107. SAVING PROVISIONS. Protocol. graph (2)(A)(i)(II) and inserting in lieu there- Section 14 of the Antarctic Conservation ‘‘(2) Such regulations shall be consistent of ‘‘, or’’; Act of 1978 is amended to read as follows: with Annex I to the Protocol. (F) by adding after paragraph (2)(A)(i)(II) ‘‘SEC. 14. SAVING PROVISIONS. ‘‘(d) DECISION TO PROCEED.—(1) No decision the following new subclause: ‘‘(a) REGULATIONS.—All regulations pro- shall be taken to proceed with an activity ‘‘(III) for unavoidable consequences of sci- mulgated under this Act prior to the date of for which a comprehensive environmental entific activities or the construction and op- the enactment of the Antarctic Environ- evaluation is prepared under this section un- eration of scientific support facilities; and’’; mental Protection Act of 1996 shall remain less there has been an opportunity for con- (G) by striking ‘‘with Antarctica and’’ in in effect until superseding regulations are sideration of the draft comprehensive envi- paragraph (2)(A)(ii)(II) and inserting in lieu promulgated under section 6. ronmental evaluation at an Antarctic Treaty thereof ‘‘within Antarctica are’’; and ‘‘(b) PERMITS.—All permits issued under Consultative Meeting, except that no deci- (H) by striking subparagraphs (C) and (D) this Act shall remain in effect until they ex- sion to proceed with a proposed activity of paragraph (2) and inserting in lieu thereof pire in accordance with the terms of those shall be delayed through the operation of the following new subparagraph: permits.’’. this paragraph for more than 15 months from ‘‘(C) A permit authorizing the entry into TITLE II—AMENDMENTS TO ANTARCTIC the date of circulation of the draft com- an Antarctic Specially Protected Area shall PROTECTION ACT OF 1990 prehensive environmental evaluation pursu- be issued only— SEC. 201. FINDING AND PURPOSE. ant to Article 3(3) of Annex I to the Protocol. ‘‘(i) if the entry is consistent with an ap- Section 2 of the Antarctic Protection Act ‘‘(2) The Secretary of State shall circulate proved management plan, or of 1990 (16 U.S.C. 2461) is amended to read as the final comprehensive environmental eval- ‘‘(ii) if a management plan relating to the follows: uation, in accordance with Article 3(6) of area has not been approved but— ‘‘SEC. 2. FINDING AND PURPOSE. Annex I to the Protocol, at least 60 days be- ‘‘(I) there is a compelling purpose for such ‘‘(a) FINDING.—The Congress finds that the fore the commencement of the activity in entry which cannot be served elsewhere, and Protocol on Environmental Protection to Antarctica. ‘‘(II) the actions allowed under the permit the Antarctic Treaty prohibits indefinitely ‘‘(e) CASES OF EMERGENCY.—The require- will not jeopardize the natural ecological Antarctic mineral resource activities. ments of this section, and of regulations pro- system existing in such area.’’. ‘‘(b) PURPOSE.—The purpose of this Act is mulgated under this section, shall not apply SEC. 106. REGULATIONS. to provide legislative authority to imple- in cases of emergency relating to the safety Section 6 of the Antarctic Conservation ment, with respect to the United States, Ar- of human life or of ships, aircraft, or equip- Act of 1978 (16 U.S.C. 2405) is amended to read ticle 7 of the Protocol on Environmental ment and facilities of high value, or the pro- as follows: Protection to the Antarctic Treaty.’’. tection of the environment, which require an ‘‘SEC. 6. REGULATIONS. SEC. 202. PROHIBITION OF ANTARCTIC MINERAL activity to be undertaken without fulfilling ‘‘(a) REGULATIONS TO BE ISSUED BY THE DI- RESOURCE ACTIVITIES. those requirements. RECTOR.—(1) The Director shall issue such Section 4 of the Antarctic Protection Act ‘‘(f) EXCLUSIVE MECHANISM.—Notwithstand- regulations as are necessary and appropriate of 1990 (16 U.S.C. 2463) is amended by striking ing any other provision of law, the require- to implement Annex II and Annex V to the ‘‘Pending a new agreement among the Ant- ments of this section shall constitute the Protocol and the provisions of this Act arctic Treaty Consultative Parties in force June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6087 for the United States, to which the Senate (3) in subsection (b) by inserting ‘‘or the the Earth’s fresh water. This vast fro- has given advice and consent or which is au- Antarctic Protocol’’ after ‘‘MARPOL Proto- zen glacier influences sea level, global thorized by further legislation by the Con- col’’ both places it appears; tides, and atmospheric processes. gress, which provides an indefinite ban on (4) in subsection (c)(1) by inserting ‘‘, of Antarctica is not just a natural won- Antarctic mineral resource activities, it’’ Article 3 or Article 4 of Annex IV to the Ant- der but an almost boundless scientific and inserting in lieu thereof ‘‘It’’. arctic Protocol,’’ after ‘‘to the Convention’’; (5) in subsection (c)(2) by inserting ‘‘or the laboratory which has already yielded SEC. 203. ADDITIONAL AMENDMENTS. great insights on the nature of the (a) REPEALS.—Sections 5 and 7 of the Ant- Antarctic Protocol’’ after ‘‘which the arctic Protection Act of 1990 (16 U.S.C. 2464 MARPOL Protocol’’; world we inhabit. Antarctica is the and 2466) are repealed. (6) in subsection (c)(2)(A) by inserting ‘‘, ideal platform for scientific research (b) REDESIGNATION.—Section 6 of the Ant- Annex IV to the Antarctic Protocol,’’ after on complex questions of atmospheric arctic Protection Act of 1990 (16 U.S.C. 2465) ‘‘MARPOL Protocol’’; chemistry and thermodynamics which is redesignated as section 5. (7) in subsection (c)(2)(B)— will increase our understanding of TITLE III—AMENDMENTS TO THE ACT TO (A) by inserting ‘‘or the Antarctic Proto- global environmental phenomena such PREVENT POLLUTION FROM SHIPS col’’ after ‘‘to the MARPOL Protocol’’; and as climate change, ocean circulation, (B) by inserting ‘‘or Annex IV to the Ant- SEC. 301. AMENDMENTS. and stratospheric ozone depletion. Ant- arctic Protocol’’ after ‘‘of the MARPOL Pro- (a) DEFINITIONS.—Section 2 of the Act to tocol’’; arctica also can increase our under- Prevent Pollution from Ships (33 U.S.C. 1901) (8) in subsection (d)(1) by inserting ‘‘, Arti- standing of the forces of evolution and is amended— cle 5 of Annex IV to the Antarctic Protocol,’’ produce commercialization opportuni- (1) by redesignating paragraphs (1) through after ‘‘Convention’’; ties in the field of biochemistry (10) of subsection (a) as paragraphs (3) (9) in subsection (e)(1)— through biological breakthroughs such through (12), respectively; (A) by inserting ‘‘or the Antarctic Proto- (2) by inserting before paragraph (3), as so as the discovery of fish containing col’’ after ‘‘MARPOL Protocol’’; and redesignated by paragraph (1) of this sub- antifreeze proteins hundreds of times (B) by striking ‘‘that Protocol’’ and insert- section, the following new paragraphs: more effective than their synthetic ing in lieu thereof ‘‘those Protocols’’; and ‘‘(1) ‘Antarctica’ means the area south of chemical counterparts. (10) in subsection (e)(2) by inserting ‘‘, of 60 degrees south latitude; There is little question that the sci- Annex IV to the Antarctic Protocol,’’ after ‘‘(2) ‘Antarctic Protocol’ means the Proto- ‘‘MARPOL Protocol’’. entific value of Antarctica is directly col on Environmental Protection to the Ant- (f) PENALTIES.—Section 9 of the Act to Pre- tied to the pristine nature of its envi- arctic Treaty, signed October 4, 1991, in Ma- vent Pollution from Ships (33 U.S.C. 1908) is ronment. Conversely, much of the re- drid, and all annexes thereto, and includes amended— search done in the Antarctic is vital to any future amendments thereto which have (1) in subsection (a) by inserting ‘‘Annex the understanding of our global envi- entered into force;’’; and IV to the Antarctic Protocol,’’ after (3) by adding at the end the following new ronment. If we impose too onerous re- ‘‘MARPOL Protocol,’’; subsection: strictions on American researchers, (2) in subsection (b)(1) by inserting ‘‘Annex ‘‘(c) For the purposes of this Act, the re- our ability to understand the world’s IV to the Antarctic Protocol,’’ after quirements of Annex IV to the Antarctic environment will suffer. H.R. 3060 ‘‘MARPOL Protocol,’’; Protocol shall apply in Antarctica to all ves- (3) in subsection (b)(2) by inserting ‘‘Annex charts a middle course, one that I am sels over which the United States has juris- IV to the Antarctic Protocol,’’ after confident will preserve Antarctica as diction.’’. ‘‘MARPOL Protocol,’’; the Earth’s best environmental labora- (b) APPLICATION OF ACT.—Section 3(b)(1)(B) (4) in subsection (d) by inserting ‘‘Annex tory. of the Act to Prevent Pollution from Ships Madam Speaker, H.R. 3060 provides (33 U.S.C. 1902(b)(1)(B)) is amended by insert- IV to the Antarctic Protocol,’’ after ing ‘‘or the Antarctic Protocol’’ after ‘‘MARPOL Protocol,’’; the legislative authority necessary for ‘‘MARPOL Protocol’’. (5) in subsection (e) by inserting ‘‘, Annex the United States to implement the IV to the Antarctic Protocol,’’ after (c) ADMINISTRATION.—Section 4 of the Act 1991 Protocol on Environmental Pro- to Prevent Pollution from Ships (33 U.S.C. ‘‘MARPOL Protocol’’; and tection to the Antarctic Treaty. The 1903) is amended— (6) in subsection (f) by inserting ‘‘or the protocol represents an important addi- (1) by inserting ‘‘, Annex IV to the Ant- Antarctic Protocol’’ after ‘‘MARPOL Proto- col’’ both places it appears. tion to the uniquely successful system arctic Protocol,’’ after ‘‘the MARPOL Proto- of peaceful cooperation and scientific col’’ in the first sentence of subsection (a); The SPEAKER pro tempore. Pursu- research that has evolved under the (2) in subsection (b)(1) by inserting ‘‘, ant to the rule, the gentleman from Antarctic Treaty of 1959. Originally, 12 Annex IV to the Antarctic Protocol,’’ after Pennsylvania [Mr. WALKER] and the ‘‘the MARPOL Protocol’’; nations including the United States gentleman from California [Mr. BROWN] and the Soviet Union signed the land- (3) in subsection (b)(2)(A) by striking each will be recognized for 20 minutes. ‘‘within 1 year after the effective date of this mark treaty, which entered into force paragraph,’’; and The Chair recognizes the gentleman June 23, 1961, preserving Antarctica as (4) in subsection (b)(2)(A)(i) by inserting from Pennsylvania [Mr. WALKER]. a peaceful haven for scientific research ‘‘and of Annex IV to the Antarctic Protocol’’ Mr. WALKER. Madam Speaker, I at the height of the cold war. Since after ‘‘the Convention’’. yield myself such time as I may that time, 14 additional nations have (d) POLLUTION RECEPTION FACILITIES.—Sec- consume. acceded to the treaty, making up the tion 6 of the Act to Prevent Pollution from Madam Speaker, I rise today to bring Ships (33 U.S.C. 1905) is amended— current list of 26 consultative parties. before the House of Representatives In 1991 the consultative parties (1) in subsection (b) by inserting ‘‘or the H.R. 3060, the Antarctic Environmental Antarctic Protocol’’ after ‘‘the MARPOL agreed to strengthen the Antarctic’s Protocol’’; Protection Act of 1996. I, along with environmental protections through a (2) in subsection (e)(1) by inserting ‘‘or the Congresswoman CONNIE MORELLA, Con- Protocol on Environmental Protection. Antarctic Protocol’’ after ‘‘the Convention’’; gressman TOM DAVIS, Congressman The protocol builds upon the Antarctic (3) in subsection (e)(1)(A) by inserting ‘‘or GEORGE BROWN, and 16 other members Treaty in an effort to improve the trea- Article 9 of Annex IV to the Antarctic Proto- from the Science Committee, intro- ty’s protections for the Antarctic envi- col’’ after ‘‘the Convention’’; and duced H.R. 3060 on March 12, 1996, to ronment. The protocol reaffirms the (4) in subsection (f) by inserting ‘‘or the enable the United States to implement treaty’s use of Antarctica exclusively Antarctic Protocol’’ after ‘‘the MARPOL the 1991 Protocol on Environmental Protocol’’. for peaceful purposes and accords prior- (e) VIOLATIONS.—Section 8 of the Act to Protection to the Antarctic Treaty. ity to scientific research among the Prevent Pollution from Ships (33 U.S.C. 1907) Madam Speaker, Antarctica is a true permitted activities. is amended— environmental and scientific treasure. The protocol prohibits mineral re- (1) in the first sentence of subsection (a) by It is a wilderness of vast proportions, source activities, other than for sci- inserting ‘‘Annex IV to the Antarctic Proto- accounting for 10 percent of the total entific research, in Antarctica. Its an- col,’’ after ‘‘MARPOL Protocol,’’; land mass of the world, more than the nexes, which form an integral part of (2) in the second sentence of subsection United States and Mexico combined. the protocol, set out specific rules on (a)— From penguins to killer whales, Ant- (A) by inserting ‘‘or to the Antarctic Pro- environmental impact assessment, con- tocol’’ after ‘‘to the MARPOL Protocol’’; and arctica is also home to an abundance of servation of Antarctic fauna and flora, (B) by inserting ‘‘and Annex IV to the Ant- fish and wildlife. Equally important, waste disposal and management, the arctic Protocol’’ after ‘‘of the MARPOL Pro- Antarctica’s mile-deep sheet of ice and prevention of marine pollution, and tocol’’; snow stores an estimated 90 percent of area protection and management. H6088 CONGRESSIONAL RECORD — HOUSE June 10, 1996 The protocol, however, is not self- moving the bill expeditiously in com- House will move the United States executing. It requires each of the con- mittee and for his efforts in working closer to final ratification of the proto- sultative parties to enact instruments with the other committees of jurisdic- col and will help spur action by the re- of ratification to codify the terms of tion in order to bring the bill before maining nations which have not com- the protocol before it can enter into the House with dispatch. pleted ratification. force. The Antarctic Treaty has been a Madam Speaker, H.R. 3060 is a bipar- To date, 20 of the 26 consultative par- noteworthy success for more than 35 tisan bill that will ensure that a sen- ties have ratified the protocol. The six years in providing a framework for sible and comprehensive environmental nations which have yet to take action international collaboration in sci- protection regime is instituted to gov- are: Belgium, Finland, India, Japan, entific research. The Environmental ern all international activities con- Russia, and of course the United Protocol builds on the Antarctic Trea- ducted in Antarctica. The bill has been States. The United States took its first ty to extend and improve the treaty’s enthusiastically endorsed by those step to ratifying the protocol in 1992 effectiveness for ensuring the protec- most affected by its provisions and when the U.S. Senate gave its advice tion of the Antarctic environment. It closest to the issues involved. I urge and consent to ratification of the pro- designates Antarctica as a natural re- my colleagues to support passage of tocol. Now, the United States must serve, devoted to peace and science, this measure. enact the Antarctic Environmental and sets forth environmental protec- Madam Speaker, I reserve the bal- Protection Act of 1996 to become a tion principles and specific rules appli- ance of my time. party to the protocol. Passage of H.R. cable to all human activities on the Mr. WALKER. Madam Speaker, I 3060 will be a powerful incentive to Bel- continent. yield 5 minutes to the gentlewoman gium, Finland, India, Japan, and Rus- The need to protect the Antarctic en- from Maryland [Mrs. MORELLA]. Mrs. MORELLA. I thank the gen- sia to expeditiously ratify the protocol. vironment is fully understood by the scientists from many nations who con- tleman for yielding me the time. Madam Speaker, the two previous Madam Speaker, as an ardent long- duct research there in a broad range of Congresses failed to ratify the 1991 En- time supporter for the protection of areas in the physical and biological vironmental Protocol to the Antarctic the Antarctic Continent and its sur- sciences. Antarctica is especially im- Treaty. Time is running out. The 104th rounding seas, I am proud to be a very portant as a research platform for Congress has a historic opportunity to strong original cosponsor of H.R. 3060, studies of world climate and global en- protect the Earth’s largest remaining the Antarctic Environmental Protec- wilderness. The rest of the world is vironmental change. But it is also a tion Act. unique laboratory for research in spe- waiting to see if the United States is It is now 41⁄2 years since the United serious about protecting Antarctica. cialized areas of astronomy and astro- States signed the Antarctic Treaty and H.R. 3060 now has over 28 cosponsors, physics and in biology for studying the Antarctic Treaty consultative par- I want to thank, in particular, Con- such effects as adaptation of organisms ties opened for signature and protocol gresswoman MORELLA and Congress- under environmental extremes. Failure on environmental protection. This pro- man BROWN for their tireless support of to ratify the protocol could impair tocol, which was initiated by the Unit- this bill. This legislation has been a much of this research. ed States, has been under consideration truly bipartisan effort and is a testa- The Antarctic Treaty parties have by Congress during both the Bush ad- ment to what can be accomplished devised the Environmental Protocol to ministration and the early years of the when rhetoric is replaced by reason. provide a set of principles and proce- Clinton administration, but has not Madam Speaker, I am proud to say dures that will ensure that all nations been ratified by Congress. This bill that H.R. 3060 enjoys universal support. institute effective environmental safe- would do that. Today, all Members should have re- guards. The protocol has received I am extremely grateful for the en- ceived in their offices a letter from the broad support because it was developed couragement, prompt response and the League of Conservation Votes, the Ant- through consultation with the research leadership shown by Chairman, BOB arctic Project, World Wildlife Fund, community and with the nongovern- WALKER. I also want to thank the Greenpeace, Sierra Club, and the Ant- mental organizations that are advo- ranking member, GEORGE BROWN, and arctic and the Southern Ocean Coali- cates for the environment. the other cosponsors of this bill. tion, urging them to support the bill. The protocol was signed in 1991 and The bill reflect diligent work with The National Science Foundation and was approved by the Senate well over 3 the National Science Foundation, the the Department of State have also tes- years ago. It is time—it is past time for State Department and a group of four tified in support of enactment of H.R. the United States to move forward to environmental organizations which 3060. final ratification. monitor Antarctic activities to Madam Speaker, if you care about The remaining hurdle to ratification produce a bill which succinctly lays environmental research, environ- is the requirement to provide new leg- out the specifics for guaranteeing envi- mental conservation or simply support islative authority to enable enforce- ronmental protection of the Antarctic living up to U.S. international commit- ment by Federal agencies of all provi- and its reservation for purely scientific ments, you should support H.R. 3060. I sions of the protocol. There has been research. It has truly been a coopera- urge all my colleagues to join me in disagreement in the past about how tive effort among all interested par- voting for H.R. 3060. best to ensure that the provisions of ties. the Environmental Protocol are en- I think that the most spectacular b 1600 forced, while avoiding excessive disrup- benefit has been that the bill that we Madam Speaker, I reserve the bal- tion to the Antarctic research pro- see before us represents a no-reserva- ance of my time. gram. But as was confirmed by a hear- tions consensus. I want to personally Mr. BROWN of California. Madam ing before the Science Committee this thank Chairman WALKER, who has been Speaker, I yield myself such time as I past April, we now have in H.R. 3060 a so positive in leading this process for- may consume. bill which finds an acceptable com- ward. it does show we can work to- Madam Speaker, I rise in strong sup- promise for balancing environmental gether on a bipartisan basis. port of H.R. 3060, which will allow the protection concerns against the value Madam Speaker, many of us feel that United States to implement the Proto- of the scientific research program. Antarctica is very, very far away. I vis- col on Environmental Protection to H.R. 3060 has been endorsed by sci- ited there 2 years ago. After the long the Antarctic Treaty. entists, by environmentalists, and by flight to New Zealand, a brief stop to I am pleased that the Science Com- the Federal agencies responsible for ad- suit up at Christchurch, and then a mittee has acted on a bipartisan basis ministering the U.S. national program 2,400 mile flight to McMurdo Station, I to help preserve one of the last pristine in Antarctica. All recognize the impor- too, felt it was a long way from Wash- regions of the globe and to ensure that tance of protecting this unique world ington. However, the Antarctic sym- Antarctica’s enormous value as a sci- resource, while allowing the valuable bolize the essence of basic science re- entific laboratory is not degraded. I research carried out there to go for- search in which the United States as congratulate Chairman WALKER for ward. Passage of H.R. 3060 today by the clearly established a leadership role. June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6089 Presently, 20 countries out of the 26 GENERAL LEAVE Mr. BROWN of California. Madam of the Antarctic Treaty consultative Mr. BROWN of California. Madam Speaker, I have no further requests for parties have signed the protocol. Most Speaker, I ask unanimous consent that time, and I yield back the balance of of these countries signed the treaty at all Members have 5 legislative days to my time. Madrid on October 4, 1991. With passage revise and extend their remarks in con- Mr. WALKER. Madam Speaker, I of H.R. 3060 today and, hopefully, swift nection with the bill before us. yield back the balance of my time. agreement with the Senate bill that The SPEAKER pro tempore (Ms. The SPEAKER pro tempore. The passed the Commerce Committee last GREENE of Utah). Is there objection to question is on the motion offered by week, America will act as a beacon to the request of the gentleman from the gentleman from Pennsylvania (Mr. guide the remaining countries, Russia, California? WALKER) that the House suspend the Japan, India, Belgium and Finland, to There was no objection. rules and pass the bill, H.R. 3060. complete the action. Mr. SCHIFF. Madam Speaker, the bill be- The question was taken. This protocol reaffirms the treaty’s fore us today is H.R. 3060, the Antarctic Envi- Mr. WALKER. Madam Speaker, on reservation of the Antarctic as an area ronmental Protection Act of 1996. As chairman that I demand the yeas and nays. set aside for peaceful purposes and spe- of the Basic Research Subcommittee, our The yeas and nays were ordered. cifically for scientific research. It will committee has jurisdiction over the National The SPEAKER pro tempore. Pursu- protect fauna and flora from the effects Science Foundation, the agency who will be ant to clause 5 of rule I and the Chair’s most impacted by this bill. They strongly sup- of human activities, impose strict lim- prior announcement, further proceed- port this bill and my compliments to both sides its on the discharge of pollutants, and ings on this motion will be postponed. require environmental impact assess- of the aisle for all their hard work on crafting ments of all planned governmental and this legislation. f H.R. 3060 provides the legislative authority nongovernmental activities. It also necessary for the United States to implement RECESS protects the Antarctic from all activi- the 1991 Protocol on Environmental Protection ties except scientific research relating The SPEAKER pro tempore. Pursu- to the Antarctic Treaty. The protocol, which re- ant to clause 12 of rule I, the Chair de- to mineral resources for at least 50 sulted from a United States initiative, rep- years, unless the there is unanimous clares the House in recess until ap- resents an important addition to the uniquely proximately 5 p.m. agreement of the treaty parties. successful system of peaceful cooperation and Let me just briefly highlight a few of Accordingly (at 4 o’clock and 14 min- scientific research that has evolved under the the 136 exciting and unique scientific utes p.m.), the House stood in recess Antarctic Treaty. until approximately 5 p.m. experiments currently going on in Ant- The U.S. Senate gave its advice and con- arctica or dependent on it. These are sent to ratification of the protocol in 1992. All f activity supported by the National that remains for the United States to become Science Foundation. For example, a party to the protocol is to enact the nec- b 1700 there is research by an Augustana Col- essary implementing legislation. lege geologist involving a hunt for di- Implementation of the protocol has been a AFTER RECESS nosaurs and other animal remains from priority of both Republicans and Democrats The recess having expired, the House as early as the Triassic period. since the protocol was negotiated in 1991. was called to order by the Speaker pro Equally intriguing is research led by The protocol builds upon the Antarctic Treaty tempore (Mr. LAHOOD) at 5 p.m. the University of Wisconsin and the to improve the treaty's effectiveness for ensur- University of California at Berkeley ing the protection of the Antarctic environment. f and Irvine, with others, using the larg- I feel this bill reflects America's continued est neutrino detector on earth to look commitment to the protection of the Antarctic ANNOUNCEMENT BY THE SPEAKER for those high energy subatomic par- environment. I urge my colleagues to support PRO TEMPORE ticles that are spawned by supernovas the bill. The SPEAKER pro tempore. Pursu- or other sources beyond our galaxy. Mr. PORTER. Madam Speaker, I rise in ant to the provisions of clause 5 of rule The West Antarctic ice cover is being strong support of H.R. 3060. This bill will im- I, the chair will not put the question studied by the University of Texas at plement the Protocol on Environmental Protec- on each motion to suspend the rules on Austin, again with others, for its rapid tion to the Antarctic Treaty that the United which further proceedings were post- and dramatic changes that can lend in- States and 25 other countries agreed to in poned earlier today in the order in sight into our effort to learn about the 1991. The protocol builds upon the Antarctic which that motion was entertained. potential rise in sea level across the Treaty to extend and improve the treaty's ef- Votes will be taken in the following globe. fectiveness as a means for protecting the Ant- order: H.R. 3364, by the yeas and nays; Then, too, studies led by Johns Hop- arctic environment. H.R. 3400, by the yeas and nays; and kins University involve the launch of The Antarctic Continent is larger than the H.R. 3060, by the yeas and nays. one of the world’s largest solar tele- United States and Mexico combined and rep- The Chair will reduce to 5 minutes scopes beneath a huge balloon to help resents 10 percent of the Earth's land mass. the time for any electronic vote after understand magnetic fields at the sun’s Antarctica has a central role in regulating the the first such vote in this series. surface. Earth's environmental processes and pos- On a more commercial note, a Coast sesses an abundance of fish and wildlife. The f Guard ship is now being built in a part- unique nature of the region also provides a re- WILLIAM J. NEALON UNITED nership with the National Science search environment that is crucial to under- STATES COURTHOUSE Foundation. This is an unusual cooper- standing and monitoring global warming, ative adventure, and construction is ozone depletion and atmospheric pollution. The SPEAKER pro tempore. The now underway. The protocol reaffirms the status of the Ant- pending business is the question of sus- I urge the House to pass H.R. 3060 as arctica as an area reserved exclusively for pending the rules and passing the bill, a major step toward carrying out our peaceful purposes, including in particular sci- H.R. 3364, as amended. treaty obligations agreed to in 1991. entific research, and sets forth a comprehen- The Clerk read the title of the bill. With support from the House Commit- sive, legally binding system of environmental The SPEAKER pro tempore. The tee on Science, the Department of protection applicable to all human activities in question is on the motion offered by State, the National Science Founda- Antarctica. In addition, by ratifying this proto- the gentleman from Maryland [Mr. tion, and representatives from the Ant- col, the United States is providing international GILCHREST] that the House suspend the arctica Project, Greenpeace U.S., leadership. Of the 26 nations that signed the rules and pass the bill, H.R. 3364, as Greenpeace International, and the protocol, only 22 have ratified it. With the U.S. amended, on which the yeas and nays World Wildlife Fund, this legislation commitment, it is believed that the remaining are ordered. will establish and codify the work of three countries will soon become parties to the The vote was taken by electronic de- many nations in the Antarctic. protocol. vice, and there were—yeas 340, nays 0, Madam Speaker, I urge support of I urge all Members to support this impor- answered ‘‘present’’ 1, not voting 93, as this House for the legislation. tance legislation. follows: H6090 CONGRESSIONAL RECORD — HOUSE June 10, 1996 [Roll No. 222] Smith (MI) Taylor (MS) Wamp PERSONAL EXPLANATION Smith (TX) Taylor (NC) Ward YEAS—340 Smith (WA) Tejeda Watt (NC) Mr. CHRISTENSEN. Mr. Speaker, on Roll- Solomon Thompson Watts (OK) Abercrombie Fields (LA) Lucas call Vote No. 222 I was unavoidably detained. Souder Thornberry Weldon (FL) Andrews Fields (TX) Luther Spence Thornton Weldon (PA) Had I been present, I would have voted ``yea.'' Archer Flanagan Maloney Spratt Thurman Weller Armey Forbes Manton f Stark Tiahrt White Bachus Fowler Manzullo Stearns Torres Whitfield Baesler Fox Markey ANNOUNCEMENT BY THE SPEAKER Stockman Traficant Wicker Baldacci Frank (MA) Martinez Stokes Upton Williams PRO TEMPORE Ballenger Franks (CT) Mascara Studds Velazquez Wilson Barcia Franks (NJ) McCollum The SPEAKER pro tempore. (Mr. Stump Vento Wolf Barrett (NE) Frelinghuysen McCrery Stupak Visclosky Woolsey LAHOOD). Pursuant to provisions of Barrett (WI) Funderburk McHale Talent Volkmer Wynn clause 5 of rule I, the Chair announces Bartlett Gallegly McHugh Tanner Vucanovich Yates that he will reduce to a minimum of 5 Bass Ganske McIntosh Tate Walker Young (AK) minutes the period of time within Becerra Gejdenson McKeon Tauzin Walsh Zimmer Beilenson Gekas McKinney which a vote by electric device may be Bentsen Geren McNulty ANSWERED ‘‘PRESENT’’—1 taken on each additional motion to Bereuter Gilchrest Meek Chenoweth Berman Gillmor Meyers suspend the rules on which the Chair Bevill Gilman Mica NOT VOTING—93 has postponed further proceeding. Bilbray Gonzalez Millender- f Bilirakis Goodlatte McDonald Ackerman Filner Meehan Blute Goodling Miller (CA) Allard Flake Menendez Boehlert Goss Miller (FL) Baker (CA) Foglietta Metcalf ROMAN L. HRUSKA UNITED Boehner Graham Minge Baker (LA) Foley Moran STATES COURTHOUSE Bonior Green (TX) Mink Barr Ford Nadler Bono Greene (UT) Moakley Barton Frisa Ortiz The SPEAKER pro tempore. The Borski Greenwood Molinari Bateman Frost Owens pending business is the question of sus- Boucher Gunderson Mollohan Bishop Furse Packard pending the rules and passing the bill, Bliley Gephardt Payne (NJ) Brewster Gutierrez Montgomery H.R. 3400, as amended. Brown (CA) Gutknecht Moorhead Blumenauer Gibbons Pryce Bryant (TN) Hall (OH) Morella Bonilla Gordon Quillen The Clerk read the title of the bill. Bunn Hall (TX) Murtha Browder Hansen Rangel The SPEAKER pro tempore. The Bunning Hamilton Myers Brown (FL) Harman Reed question is on the motion offered by Burr Hancock Myrick Brown (OH) Hastings (FL) Richardson Burton Hastert Neal Brownback Hayes Rohrabacher the gentleman from Maryland [Mr. Buyer Hastings (WA) Nethercutt Bryant (TX) Hunter Roukema GILCHREST] that the House suspend the Callahan Hayworth Neumann Calvert Inglis Schaefer rules and pass the bill, H.R. 3400, as Chapman Istook Schiff Camp Hefley Ney amended, on which the yeas and nays Campbell Hefner Norwood Christensen Jefferson Schumer Canady Heineman Nussle Clyburn Johnson, Sam Skelton are ordered. Cardin Herger Oberstar Crapo Kennedy (RI) Smith (NJ) The Chair will remind Members that Castle Hilleary Obey Danner Lantos Stenholm this is a 5-minute vote. Chabot Hilliard Olver DeFazio Largent Thomas Chambliss Hinchey Orton DeLay Latham Torkildsen The vote was taken by electronic de- Chrysler Hobson Oxley Dellums Lincoln Torricelli vice, and there were—yeas 339, nays 4, Clay Hoekstra Pallone Deutsch Martini Towns not voting 91, as follows: Clayton Hoke Parker Doolittle Matsui Waters Clement Holden Pastor Ehrlich McCarthy Waxman [Roll No. 223] Clinger Horn Paxon Engel McDade Wise YEAS—339 Coble Hostettler Ensign McDermott Young (FL) Payne (VA) Abercrombie Clay Evans Coburn Houghton Fattah McInnis Zeliff Pelosi Andrews Clayton Everett Coleman Hoyer Peterson (FL) Archer Clement Ewing Collins (GA) Hutchinson Peterson (MN) b Armey Clinger Farr Collins (IL) Hyde 1729 Petri Bachus Coble Fawell Collins (MI) Jackson (IL) Pickett Messrs. LINDER, TIAHRT, and MOL- Baesler Coburn Fazio Combest Jackson-Lee Pombo Baldacci Coleman Fields (LA) Condit (TX) LOHAN changed their vote from ‘‘nay’’ Pomeroy Ballenger Collins (GA) Fields (TX) Conyers Jacobs Porter to ‘‘yea’’. Barcia Collins (IL) Flanagan Cooley Johnson (CT) Portman So (two-thirds having voted in favor Barrett (NE) Collins (MI) Foley Costello Johnson (SD) Poshard Barrett (WI) Combest Forbes Cox Johnson, E. B. thereof) the rules were suspended and Quinn Bartlett Condit Fowler Coyne Johnston the bill, as amended, was passed. Radanovich Bass Conyers Fox Cramer Jones Rahall The title of the bill was amended so Becerra Cooley Frank (MA) Crane Kanjorski Ramstad Beilenson Costello Franks (CT) Cremeans Kaptur as to read: ‘‘A bill to designate the Regula Bentsen Cox Franks (NJ) Cubin Kasich Federal building and United States Riggs Bereuter Coyne Frelinghuysen Cummings Kelly Rivers courthouse located at 235 North Wash- Berman Cramer Funderburk Cunningham Kennedy (MA) Roberts ington Avenue in Scranton, Pennsylva- Bevill Crane Gallegly Davis Kennelly Roemer Bilbray Cremeans Ganske de la Garza Kildee nia, as the ‘William J. Nealon Federal Rogers Bilirakis Cubin Gejdenson Deal Kim Ros-Lehtinen Building and United States Court- Bishop Cummings Gekas DeLauro King Rose house’.’’. Blute Cunningham Geren Diaz-Balart Kingston Roth Boehlert Davis Gilchrest Dickey Kleczka A motion to reconsider was laid on Roybal-Allard Boehner de la Garza Gillmor Dicks Klink the table. Royce Bonior Deal Gilman Dingell Klug Rush Bono DeLauro Gonzalez Dixon Knollenberg Sabo f Borski Deutsch Goodlatte Doggett Kolbe Salmon Boucher Diaz-Balart Goodling Dooley LaFalce Sanders Brewster Dickey Goss Dornan LaHood PERSONAL EXPLANATION Sanford Brown (CA) Dicks Graham Doyle LaTourette Sawyer Ms. MCCARTHY. Mr. Speaker, during Roll- Bryant (TN) Dingell Green (TX) Dreier Laughlin Saxton call Vote No. 222 on H.R. 3364 I was unavoid- Bunn Dixon Greene (UT) Duncan Lazio Scarborough Bunning Doggett Greenwood Dunn Leach ably detained. Had I been present, I would Schroeder Burr Dooley Gunderson Durbin Levin have voted ``yea.'' Scott Burton Dornan Gutierrez Edwards Lewis (CA) Seastrand Buyer Doyle Gutknecht Ehlers Lewis (GA) Sensenbrenner f Callahan Dreier Hall (OH) Emerson Lewis (KY) Serrano Camp Duncan Hall (TX) English Lightfoot Shadegg Campbell Dunn Hamilton Eshoo Linder Shaw PERSONAL EXPLANATION Canady Durbin Hancock Evans Lipinski Shays Cardin Edwards Hastert Everett Livingston Shuster Mr. MORAN. Mr. Speaker, during Rollcall Castle Ehlers Hastings (WA) Ewing LoBiondo Sisisky Vote No. 222 on H.R. 3364 I was unavoidably Chabot Emerson Hayworth Farr Lofgren Skaggs Chambliss English Hefley Fawell Longley detained. Had I been present, I would have Skeen Chrysler Eshoo Hefner Fazio Lowey Slaughter voted ``yea.'' June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6091 Heineman McIntosh Saxton Roukema Stenholm Waxman Bevill Gekas McKeon Herger McKeon Scarborough Schaefer Taylor (NC) Wise Bilbray Geren McKinney Hilleary McKinney Schroeder Schiff Thomas Young (FL) Bilirakis Gilchrest McNulty Hilliard McNulty Scott Schumer Torkildsen Zeliff Bishop Gillmor Meek Hinchey Meek Seastrand Skelton Torricelli Blumenauer Gilman Meyers Hobson Meyers Sensenbrenner Smith (NJ) Towns Blute Gonzalez Mica Hoekstra Mica Serrano Boehlert Goodlatte Millender- Hoke Millender- Shadegg b 1738 Boehner Goodling McDonald Holden McDonald Shaw Bonior Goss Miller (CA) Horn Miller (CA) Shays So (two-thirds having voted in favor Bono Graham Miller (FL) Hostettler Miller (FL) Shuster thereof) the rules were suspended and Borski Green (TX) Minge Hoyer Minge Sisisky the bill, as amended, was passed. Boucher Greene (UT) Mink Hutchinson Mink Skaggs Brewster Greenwood Moakley Hyde Moakley Skeen The result of the vote was announced Brown (CA) Gunderson Molinari Jackson (IL) Molinari Slaughter as above recorded. Brownback Gutierrez Mollohan Jackson-Lee Mollohan Smith (MI) The title of the bill was amended so Bryant (TN) Gutknecht Montgomery (TX) Montgomery Smith (TX) as to read: ‘‘A bill to designate the Bunn Hall (OH) Moorhead Jacobs Moorhead Smith (WA) Bunning Hall (TX) Moran Johnson (CT) Moran Solomon Federal building and United States Burr Hamilton Morella Johnson (SD) Morella Souder courthouse to be constructed at a site Burton Hancock Murtha Johnson, E. B. Murtha Spence on 18th Street between Dodge and Buyer Hastert Myers Johnston Myers Spratt Callahan Hastings (WA) Myrick Jones Myrick Stark Douglas Streets in Omaha, Nebraska, Camp Hayworth Neal Kanjorski Neal Stearns as the ‘Roman L. Hruska Federal Campbell Hefley Nethercutt Kaptur Nethercutt Stockman Building and United States Court- Canady Hefner Neumann Kasich Neumann Stokes house’.’’ Cardin Heineman Ney Kelly Ney Studds Castle Herger Norwood Kennedy (MA) Norwood Stump A motion to reconsider was laid on Chabot Hilleary Nussle Kennelly Nussle Stupak the table. Chambliss Hilliard Oberstar Kildee Oberstar Talent Christensen Hinchey Obey Kim Obey Tanner f Chrysler Hobson Olver King Olver Tate Clay Hoekstra Orton Kingston Orton Tauzin PERSONAL EXPLANATION Clayton Hoke Oxley Kleczka Oxley Taylor (MS) Clement Holden Pallone Klink Pallone Tejeda Ms. MCCARTHY. Mr. Speaker, during roll- Clinger Horn Parker Klug Parker Thompson call vote No. 223 on H.R. 3400 I was unavoid- Coble Hostettler Pastor Knollenberg Pastor Thornberry ably detained. Had I been present, I would Coburn Houghton Paxon Kolbe Paxon Thornton Coleman Hoyer Payne (NJ) LaHood Payne (VA) Thurman have voted ``yea.'' Collins (GA) Hutchinson Payne (VA) LaTourette Peterson (FL) Tiahrt f Collins (IL) Hyde Pelosi Laughlin Peterson (MN) Traficant Collins (MI) Jackson (IL) Peterson (FL) Lazio Petri Upton PERSONAL EXPLANATION Combest Jackson-Lee Peterson (MN) Leach Pickett Velazquez Condit (TX) Petri Levin Pombo Vento Mr. CHRISTENSEN. Mr. Speaker, on rollcall Conyers Jacobs Pickett Lewis (CA) Pomeroy Visclosky No. 223, I was unavoidable detained, had I Costello Johnson (CT) Pombo Lewis (GA) Porter Volkmer Cox Johnson (SD) Pomeroy Lewis (KY) Portman Vucanovich been present, I would have voted ``yea.'' Coyne Johnson, E. B. Porter Lightfoot Poshard Walker f Cramer Johnston Portman Linder Quinn Walsh Crane Jones Poshard Lipinski Rahall Wamp Cremeans Kanjorski Quinn Livingston Ramstad Ward PERSONAL EXPLANATION Cubin Kaptur Radanovich LoBiondo Regula Waters Mr. MCDERMOTT. Mr. Speaker, during roll- Cummings Kasich Rahall Lofgren Riggs Watt (NC) Cunningham Kelly Ramstad Longley Rivers Watts (OK) call votes No. 222 and 223 on H.R. 3364 and Danner Kennedy (MA) Regula Lowey Roberts Weldon (FL) 3400 I was unavoidably detained. Had I been Davis Kennelly Riggs Lucas Roemer Weldon (PA) present, I would have voted ``yea.'' de la Garza Kildee Rivers Luther Rogers Weller Deal Kim Roberts Maloney Ros-Lehtinen White f DeLauro King Roemer Manton Rose Whitfield Deutsch Kingston Rogers Manzullo Roth Wicker PERSONAL EXPLANATION Diaz-Balart Kleczka Ros-Lehtinen Markey Roybal-Allard Wilson Dickey Klink Rose Martinez Royce Wolf Ms. FURSE. Mr. Speaker, on rollcall 222 Dicks Klug Roth Martini Rush Woolsey and 223 I was delayed by the flight coming in. Dingell Knollenberg Roybal-Allard Mascara Sabo Wynn If I had been present, I would have voted Dixon Kolbe Royce McCollum Salmon Yates Doggett LaFalce Rush McCrery Sanders Young (AK) ``aye'' on both of those. Dooley LaHood Sabo McHale Sanford Zimmer f Dornan LaTourette Salmon McHugh Sawyer Doyle Laughlin Sanders ANTARCTIC ENVIRONMENTAL Dreier Lazio Sanford NAYS—4 Duncan Leach Sawyer PROTECTION ACT OF 1996 Chenoweth Torres Dunn Levin Saxton LaFalce Williams The SPEAKER pro tempore (Mr. Durbin Lewis (CA) Scarborough Edwards Lewis (GA) Schroeder LAHOOD). The pending business is the NOT VOTING—91 Ehlers Lewis (KY) Scott question of suspending the rules and Emerson Lightfoot Seastrand Ackerman Ehrlich Lantos passing the bill, H.R. 3060. English Linder Sensenbrenner Allard Engel Largent Eshoo Lipinski Serrano Baker (CA) Ensign Latham The Clerk read the title of the bill. Evans Livingston Shadegg Baker (LA) Fattah Lincoln The SPEAKER pro tempore. The Everett LoBiondo Shaw Barr Filner Matsui question is on the motion offered by Ewing Lofgren Shays Barton Flake McCarthy the gentleman from Pennsylvania [Mr. Farr Longley Shuster Bateman Foglietta McDade Fawell Lowey Sisisky Bliley Ford McDermott WALKER] that the House suspend the Fazio Lucas Skaggs Blumenauer Frisa McInnis rules and pass the bill, H.R. 3060, on Fields (LA) Luther Skeen Bonilla Frost Meehan which the yeas and nays are ordered. Fields (TX) Maloney Skelton Browder Furse Menendez Flanagan Manton Slaughter Brown (FL) Gephardt Metcalf This is a 5-minute vote. Foley Manzullo Smith (MI) Brown (OH) Gibbons Nadler The vote was taken by electronic de- Forbes Markey Smith (TX) Brownback Gordon Ortiz vice, and there were—yeas 352, nays 4, Fowler Martinez Smith (WA) Bryant (TX) Hansen Owens not voting 78, as follows: Fox Martini Solomon Calvert Harman Packard Frank (MA) Mascara Souder Chapman Hastings (FL) Payne (NJ) [Roll No. 224] Franks (CT) Matsui Spence Christensen Hayes Pelosi YEAS—352 Franks (NJ) McCarthy Spratt Clyburn Houghton Pryce Frelinghuysen McCollum Stark Crapo Hunter Quillen Abercrombie Baldacci Bass Funderburk McCrery Stearns Danner Inglis Radanovich Andrews Ballenger Becerra Furse McDermott Stokes DeFazio Istook Rangel Archer Barcia Beilenson Gallegly McHale Studds DeLay Jefferson Reed Armey Barrett (NE) Bentsen Ganske McHugh Stupak Dellums Johnson, Sam Richardson Bachus Barrett (WI) Bereuter Gejdenson McIntosh Talent Doolittle Kennedy (RI) Rohrabacher Baesler Bartlett Berman H6092 CONGRESSIONAL RECORD — HOUSE June 10, 1996 Tanner Velazquez Weldon (PA) lectively to share the joy and pride of coverage are required to offer earth- Tate Vento Weller Tauzin Visclosky White all the LSU alumni across America quake protection as well. However, as a Taylor (MS) Volkmer Whitfield with the extraordinary success of the result of the 1994 Northridge earth- Tejeda Vucanovich Wicker LSU baseball program and the great quake which resulted in over $1.2 bil- Thompson Walker Williams success of Coach Skip Bertman, who lion in insured losses, many insurance Thornberry Walsh Wilson Thornton Wamp Wolf has now brought the LSU Tigers the companies are now moving out of the Thurman Ward Woolsey third championship of the College marketplace. In fact, of those compa- Tiahrt Waters Wynn World Series this weekend. nies that offered earthquake coverage Torres Watt (NC) Yates Traficant Watts (OK) Young (AK) Mr. Speaker, I ask my colleagues to before the Northridge earthquake, 95 Upton Weldon (FL) Zimmer share with me the pride of this wonder- percent no loner offer policies to home- ful LSU team and this great coach who owners. In the near term, over 1 mil- NAYS—4 will now be the Olympic coach for the lion families may not have their home- Chenoweth Stockman Cooley Stump United States team in Atlanta. LSU. owner coverage renewed. Go, Tigers. The CEA is designed to provide $10.5 bil- NOT VOTING—78 f lion in earthquake coverage funded by insur- Ackerman Flake Metcalf ance carriers, reinsurers, investors, and policy Allard Foglietta Nadler ANNOUNCEMENT BY THE SPEAKER Baker (CA) Ford Ortiz holder assessments. The success of this inno- Baker (LA) Frisa Owens PRO TEMPORE vative public-private partnership, which will Barr Frost Packard The SPEAKER pro tempore. The provide immediate insurance relief for hun- Barton Gephardt Pryce dreds of thousands of California homeowners, Bateman Gibbons Quillen Chair would ask Members not to doff Bliley Gordon Rangel hats in the Chamber. condominium owners, mobile home owners, Bonilla Hansen Reed f and renters, depends largely upon the IRS Browder Harman Richardson granting the CEA tax-free status. Tax-exempt Brown (FL) Hastings (FL) Rohrabacher Brown (OH) Hayes Roukema TRIBUTE TO LSU TIGERS AND status would allow the Authority's reserves to Bryant (TX) Hunter Schaefer WOMEN’S TRACK TEAM accumulate free of Federal income taxes. The Calvert Inglis Schiff (Mr. MCCRERY asked and was given IRS, which had promised a tax exemption to Chapman Istook Schumer the CEA in February, withdrew its decision Clyburn Jefferson Smith (NJ) permission to address the House for 1 Crapo Johnson, Sam Stenholm minute.) without warning or explanation in April. Legis- DeFazio Kennedy (RI) Taylor (NC) Mr. MCCRERY. Mr. Speaker, I would lation at the Federal level is now necessary to DeLay Lantos Thomas like to add my congratulations to the require the IRS to stand by its initial decision. Dellums Largent Torkildsen Continued uncertainty over the tax Doolittle Latham Torricelli LSU Tigers baseball team and say ditto Ehrlich Lincoln Towns to the words of my colleague, the gen- status of the CEA threatens to kill this Engel McDade Waxman public-private partnership. I urge my tleman from Louisiana [Mr. TAUZIN]. Ensign McInnis Wise colleagues to join me, Gov. Pete Wil- Fattah Meehan Young (FL) I would also like to remind everyone Filner Menendez Zeliff that just a few seeks before LSU’s son, California Insurance Commis- sioner Chuck Quackenbush, and other b 1746 baseball triumph the women’s track team from LSU also won the national in this bipartisan effort to protect Cali- So (two-thirds having voted in favor championship for the umpteenth time fornia homeowners. We must act now thereof) the rules were suspended and in my lifetime. They have a great pro- to avert a financial crisis every bit as the bill was passed. gram there, so congratulations to the devastating as the Northridge earth- The result of the vote was announced women’s track team at LSU and Skip quake itself. as above recorded. Bertman’s baseball team. f A motion to reconsider was laid on Go, Tigers. SPECIAL ORDERS the table. f f The SPEAKER pro tempore. Under the Speaker’s announced policy of May PERSONAL EXPLANATION INTRODUCTION OF THE CALIFOR- NIA HOMEOWNER EARTHQUAKE 12, 1995, and under a previous order of Mr. BARTON of Texas. Mr. Speaker, on roll- PROTECTION ACT the House, the following Members will call No. 222, 223, and 224 I was unavoidably be recognized for 5 minutes each. delayed by weather problems that affected air- (Mr. LEWIS of California asked and f line flights from Dallas to Washington. Had I was given permission to address the AFRICAN-AMERICAN CHURCH been present, I would have voted ``yea'' on all House for 1 minute and to revise and ARSONS three votes. extend his remarks.) f Mr. LEWIS of California. Mr. Speak- The SPEAKER pro tempore. Under a er, I am today introducing the Califor- previous order of the House, the gentle- PERSONAL EXPLANATIONS nia Homeowner Earthquake Protection woman from North Carolinia [Mrs. Mr. JEFFERSON. Mr. Speaker, I was Act, legislation granting tax-exempt CLAYTON] is recognized for 5 minutes. unavoidably detained when rollcall status on State authorities established Mrs. CLAYTON. Mr. Speaker, church votes 222, 223, and 224 were taken. Had for the purpose of providing earth- buildings can be burned to the ground, I been present, I would have voted quake insurance. As a 30-year insur- but the spirit of the church will always ‘‘yea.’’ I was detained because my ance professional the chairman of the stand. plane was an hour late in taking off. House Appropriations Subcommittee The recent rash of church arsons in f overseeing FEMA and Federal disaster African-American communities assistance, I am concerned about an throughout the United States leaves PERSONAL EXPLANATION emerging insurance crisis in my State. one wondering if anyplace is safe, if Mr. BONILLA. Mr. Speaker, on rollcall No. California Governor Pete Wilson is poised to anyplace is secure, if anyplace is sa- 222, 223 and 224, I was unavoidably detained sign a measure establishing the California cred. by bad weather in Dallas on my connecting Earthquake Authority [CEA], a unique publicly But because those who have done flight to Washington. Had I been present, I run and privately financed State program to these unthinkable acts have targeted would have voted ``yea'' on all these votes. supply earthquake insurance for millions of the very places we hold most dear and f homeowners in our State. The California most precious, there is no doubt in my Homeowner Earthquake Protection Act will mind that good will come from this TRIBUTE TO LSU TIGERS add viability to the CEA and will address a evil. (Mr. TAUZIN asked and was given looming and potentially devasting crisis affect- Even after a ravaging fire, something permission to address the House for 1 ing every homeownerÐthe ability to purchase remains. minute.) affordable earthquake insurance. It may only be a blade of grass, but Mr. TAUZIN. Mr. Speaker, I rise in Under California State law, insur- from that blade of grass will come a this brief minute to allow all of us col- ance companies that sell homeowners beautiful landscape. June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6093 It may only be an idea that remains, of every race and color and religion Marine Corps Air Station Cherry a determined spirit, but from that idea, have worked together to rebuild the Point, NC, that I had the honor of get- that spirit, will come another church. church. ting to know Fred McCorkle. I quickly As Dr. Martin Luther King, Jr. often When three African-American found a deep respect for his ability to stated, eloquently and profoundly, churches were burned in Alabama, a challenge the men and women under ‘‘You can kill the dreamer, but you group of unpaid volunteers from the his command, not only to excel within can-not kill the dream.’’ Washington area stepped forward to their profession, but to foster a rela- Mr. Speaker, I must admit that I was help. tionship with the surrounding commu- stunned when the church arsons hit When the St. John Baptist Church in nity of Havelock, NC. Beyond his all of home. Dixiana, SC was the target of repeated duty, he has brought the people of Cra- Last Thursday, when the Matthews- vandalism, a group of African-Ameri- ven County and the base community Murkland Presbyterian Church in cans and whites, Democrats, and Re- closer together. He has become a role Charlotte, NC became another one of publicans, those with money and those model to thousands of young men and the more than thirty African-American without, organized the Save St. John women serving in our Nation’s Armed churches to be burned over the past 18 Baptist Church Committee, and they Services. It will be difficult to top his months, the shock and amazement of rebuilt the church. accomplishments. this deed left me dazed and numb. But this church, just a couple of I am confident that we will continue I thought, How could anyone violate miles from where the Ku Klux Klan to hear the name Fred McCorkle asso- what is most cherished, most precious meets, was also burned to the ground. ciated with exceptional work in the to a civilized society? Yet, with the help of many, diverse Marine Corps. More likely, we will But then, there was Oklahoma City volunteers, it too will be rebuilt. begin to hear how well ‘‘the Assas- and the World Trade Center in New And, when the church in Charlotte sin’’—the famous call sign he received York. was burned down, the pastor preached in flight school—is doing on the west We live in very puzzling and trou- forgiveness, and the congregation knew coast. While the Assassin may, as he bling times. in their hearts that help would come to says, have ‘‘performed open heart sur- Yet, from the ashes of Oklahoma and rebuild. gery, been to the moon, and spoken to the ruins of New York, something re- At the end of the day, evil loses and Elvis,’’ such achievements do not begin mains, and something emerges. good wins. to compare with the fine work he ac- Good ultimately prevails over evil. complished as the commanding general And, it is in that spirit, Mr. Speaker, On June 15, Reverend Mackey, his at Marine Corps Air Station Cherry that I rise to urge all of my colleagues daughter, the congregation, and friends Point, NC. This year, under his com- to use this week to also rise in swift re- will undertake a symbolic march from mand, Marine Crops Air Station Cherry sounding voices to condemn this evil the site of the old church in Point received the coveted Com- and to demonstrate that it will not be Greeleyville, SC, to the site of their mander-in-Chief’s Annual Award for In- tolerated. new church. President Clinton on Saturday out- My resolution urges all Members on stallation Excellence. During the last 3 years, General lined a four-step plan that he has put June 15 to join with Reverend Mackey, McCorkle has served with distinction in place in response to these acts. his daughter, his congregation and oth- as the commander of the Marine Corps Among those steps is the creation of ers, in whatever gesture is deemed ap- Air Bases Eastern Area, and the com- a task force involving the Justice and propriate, to say to those who would manding general at the Marine Corps Treasury Departments and more than promote evil—that you have burned Air Station, Cherry Point, NC. His 200 law enforement officers. our churches, but cannot burn our spir- It is now time for the Congress to it. service to the Marine Corps, Congress, step forward. Mr. Speaker, after a fire, something and to the Nation as a whole, has al- First, we should all support the bi- always remains, a blade of grass, a ways been characterized by selfless de- partisan legislation introduced by our spirit. votion to duty and unflagging dedica- colleagues, Mr. CONYERS and Mr. HYDE. Mr. Speaker, if I may borrow from tion to country and corps. It is a privi- That legislation would make it easier the Bible on this occasion, I am re- lege for me to recognize the many ac- to bring prosecutions and stiffen the minded of Ecclesiastes, chapter 3, complishments General McCorkle has penalties against those who target verses 1 through 8. achieved during his 28 years of military houses of worship. It states, in part, ‘‘To every thing service. Second, I would urge support for a there is a season, and a time to every Born in San Francisco, CA, Fred resolution I am introducing, calling on purpose under the heaven. A time to McCorkle lived most of his life in the collective outrage of congress and keep silence and a time to speak.’’ Johnson City, TN. He went on to earn denouncing these arsons. Mr. Speaker, this is a time to speak, a bachelor of science degree in edu- It is my hope that such a resolution and I urge my colleagues to join me in cation from the East Tennessee State can be considered this week and that as speaking against these dreadful deeds. University in 1966, and a masters in ad- ministration from Pepperdine Univer- many Members who wish will have the f opportunity to speak in favor of the sity in 1979. After completing Officer resolution. b 1800 Candidates School and the Basic School at Quantico, VA, he attended And, finally, we should all, work IN HONOR OF GEN. FRED Naval Flight School at Pensacola, FL, within our respective communities to MCCORKLE, USMC help prevent future arsons. and was designated a naval aviator in The President told the story of Rev. The SPEAKER pro tempore. Under a January 1969. Terrence Mackey, who awakened one previous order of the House, the gen- General McCorkle went on to en- morning to a spot in a field where his tleman from North Carolina [Mr. hance his professional education while church had stood the day before. JONES] is recognized for 5 minutes. attending the Marine Corps Command Reverend Mackey was concerned Mr. JONES. Mr. Speaker, I rise this and Staff College in 1980 and the Na- about what he could say to his daugh- afternoon to recognize a truly out- tional War College at Fort McNair in ter about what had happened. standing Marine Corps officer and to 1984. His staff tours include aviation Eventually, he said to his daughter, ask all of my colleagues to join me in land forces plans officer at the Avia- ‘‘They didn’t burn down the church. giving our congratulations and best tion Plans and Programs Department They burned down the building in wishes to Maj. Gen. Fred McCorkle. from 1980–84, and branch head of the which we hold church. The church is General McCorkle leaves North Caro- Aviation Plans, Programs, Budget, still inside all of us.’’ lina this month to take command of Joint Matters and Policy Branch at These acts of hate have inspired acts the 3rd Marine Aircraft Wing at Headquarter Marine Corps in 1992. of love. Miramar, CA. His operational assignments include Oftentimes when evil people have It was recently, in his present assign- billets as commanding officer at the burned a church building, good people ment as the commanding general at Marine Aviation Weapons and Tactics H6094 CONGRESSIONAL RECORD — HOUSE June 10, 1996 Squadron One, at Yuma, AZ, from 1986– closed to the public, and to the mem- own and, beyond that, exchange rates 88; assistant operations officer and op- bership, because a new course in our re- which they manipulate that actually erations officer of the 2d Marine Air- lations with China must be struck; a increase the price of our goods into craft Wing at Cherry Point, NC, from course that reflects the rule of law and their market by over 50 percent. We 1989–90; and as commanding officer of benefits the wider populace of both our know, beyond the exchange rates, be- the Marine Aircraft Group 29 at Marine great nations rather than the base ma- yond tariff barriers, our own U.S. Corps Air Station New River, NC, in terial interests of a few who trade off Trade Representative has stated in a 1992. that closed marketplace. report that there are so many nontariff General McCorkle served in Vietnam Congress has been voting annually on barriers that China also employs to with the Marine Medium Helicopter China and its preferred trade status prevent our goods from going into that Squadron 262 from 1969 to 1970 where he since 1974 when Jackson-Vanik was land, and also is known for other trade flew more than 1,500 combat missions. signed into law, which tied the internal abuses involving arbitrary standards, Every day in Vietnam, Fred McCorkle politics of nonmarket economies to testing, labeling, certification. Their put the future of his country before his their external trading relations with government procurement process re- own, as he flew an unbelievable average the United States. Jackson-Vanik was mains largely closed to foreign com- of two combat missions a day. a good idea in 1974, and it remains a petition. They engage in export sub- Throughout his career, in fact, he has good idea today if anybody would both- sidies, theft of intellectual property, accumulated more than 5,200 flight er to go back and read it. and they employ an array of barriers to hours. The amendment provided a classic our services and foreign investment. As you might imagine, he has earned carrot-stick approach to policy. The There is no question who benefits several personal decorations that in- carrot was the U.S. market. The stick from the renewal of China MFN. It is not the American worker. It is compa- clude: the Legion of Merit with three was taking away any nation’s most fa- nies like Wal-Mart that employ 700 dif- gold stars; the Distinguished Flying vored trading status if it hurt us or it ferent contract shops, that employ peo- Cross with a gold star; the Purple did not live up to our highest ideals. ple in China at 10 cents an hour to Heart; the Air Medal with single mis- While China has been gorging itself make everything from toys to Nike these many years on the carrot of our sion award and 76 strike/flight awards; shoes that they then send back into marketplace, somewhere along the line Navy Commendation Medal with Com- our market, and our people’s prices are bat ‘‘V’’; and the Navy Achievement we lost the stick to effect change in re- not lowered. Forty percent of our own Medal. gard to China’s attitudes and policies apparel industry, for example, has been Mr. Speaker, Fred McCorkle and his toward our country and toward the wiped out, out of this country, replaced lovely wife Kathy have made many sac- citizens of both our nations. by Chinese production, and it is as rifices during their 28 years of service Every year since 1974, President after though nobody here in Washington has with the corps. During the past 2 years President, from President Ford to even been hit with a brick bat over the that I have had the privilege of work- President Clinton, have stood before head. ing with General McCorkle, his efforts this Congress and the American people Let me say that in the days ahead I have significantly improved the readi- to assure us that our trading relations will be putting in the RECORD addi- ness and spirit of the corps, and thus with China will improve if China’s tional information about what China the military preparedness of our Na- most-favored-nation status is renewed MFN actually means to our country tion. Knowing Fred as I do, I have no for just 1 more year. This, of course has and the people of China. It is time to doubt that the same can be said about not happened. stand for the rule of law and reciproc- his entire career. North Carolina will If we refer to this chart here, over ity in trade. miss his presence and professionalism. the past decade alone the United f Those of us who have had the privilege States has recorded a 1,000 percent in- The SPEAKER pro tempore. Under a and honor to know Fred and Kathy crease in our trade deficit with China. previous order of the House, the gen- McCorkle will miss their dedication Just this year alone, it is projected to tleman from Indiana [Mr. BURTON] is and friendship. be even higher than ever in the past, recognized for 5 minutes. over $40 billion of additional debt, an- Assassin, congratulations on your [Mr. BURTON of Indiana addressed other record. new assignment on the west coast. I the House. His remarks will appear Thirty-three percent of China’s ex- wish you well as you assume your new hereafter in the Extensions of Re- ports come here to this market. One command. You are a great marine and marks.] out of every three products they send a great American. Good luck and God f speed—Semper Fi. someplace else in the world ends up on f our shelves. At this pace, China will NATIONAL GUARD AND RESERVE surpass Japan in the next 2 to 3 years FORCES IN BOSNIA MFN FOR CHINA: TIME TO STAND as the nation with which we possess FOR RECIPROCITY IN TRADE The SPEAKER pro tempore. Under a the largest trade deficit in the world. previous order of the House, the gen- The SPEAKER pro tempore. Under a And of course, as our trade deficits tleman from Mississippi [Mr. MONT- previous order of the House, the gentle- have been getting larger and larger GOMERY] is recognized for 5 minutes. woman from Ohio [Ms. KAPTUR] is rec- every year, the pull-down on our wage Mr. MONTGOMERY. Mr. Speaker, I rise ognized for 5 minutes. levels is greater and greater very year today to bring attention to the first class, pro- Ms. KAPTUR. Mr. Speaker, tomor- and the erosion of our manufacturing fessional job that our Reserve and National row it is my understanding that the base greater and greater every year as Guard forces are doing who have been called Subcommittee on Trade of the House we watch it replaced with service jobs up to serve in Bosnia. These citizen soldiers Committee on Ways and Means will be that pay so much less. have voluntarily left their regular employment holding hearings on the very important If we look at what is happening, how- and have answered the call once again when issue of China and the renewal of most- ever, under China MFN it effectively the country has needed them. As I speak favored-nation trade status with China. says to China they have a 2-percent today, men and women from the reserves are I am here this evening to enter re- tariff rate to get into our market, but filling critical positions in the rebuilding of that marks in the RECORD because the com- guess how much China’s tariff rate is wartorn region of the Balkans. These actions mittee scheduled these hearings very against our goods, even with MFN? have been highlighted today by an article on quickly, without much public notice, Thirty to forty percent. Thirty to forty the front page of the Wall Street Journal. I and is allowing no Member of Congress percent. What kind of a deal is it for want to share this article with my colleagues: to testify on this very important issue. our country where we lower our bar- [From the Wall Street Journal, June 10, 1996] If I had been allowed to testify to- riers to their goods, but they refuse to EXECUTIVE ACTION—AN ARMY RESERVE UNIT morrow, I would be one Member of Con- lower their barriers to ours? What kind GUIDES RECONSTRUCTION OF POSTWAR BOSNIA gress who would state that I strongly of a deal is it for us? (By Thomas E. Ricks) believe that this issue deserves more China is a closed command economy PALE, BOSNIA AND HERZEGOVINA.—U.S. than a perfunctory hearing largely with tariff rates much higher than our Army Col. Michael Hess, in his pin-striped June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6095 blue suit, leather suspenders, yellow tie and A recent Air Force C–130 flight into northern Texas Instruments, Inc., who is the 353rd’s longish hair, looks more like an inter- Bosnia had a crew from the West Virginia electricity liaison officer. For Bosnians, national banker than a military officer. And Air National Guard; the commander is an electricity carriers profoundly political im- the issue on the table at this relief workers’ American Airlines pilot and his navigator a plications. ‘‘Electricity,’’ he says, ‘‘is one of meeting has a distinctly unmilitary flavor. writer of computer war games for BDM the few national systems ... that ties them ‘‘This distribution of diapers, where is that International Inc. Many of the reservists will together.’’ Because the system crisscrosses going to be?’’ the colonel asks. In eastern head home this month, having completed everyone’s territory, he says, the various Bosnia, replies the woman from Care Inter- their six-month stint. sides must cooperate quietly even when re- national. ‘‘They’re downsizing the military, but fusing to admit it in public. For example, Despite his civilian camouflage, Col. Hess they’re not downsizing what the military has Bosnian Serbs will provide power to Gorazde, plays a key role in the six-month-old U.S. to do, so they’re using reservists to pick up the embattled Muslim pocket in eastern military effort in Bosnia. He is operations of- the load,’’ says Jeff Lane, a military pilot Bosnia, which in turn will pass power to the ficer of the 353rd Civil Affairs Command, a who is a database engineer for Lockheed southern Serb town of Foca. When Col. little-known Bronx, N.Y. Army Reserve unit Martin Corp. Dunaiski found that mines along trans- that is quietly coordinating the NATO-led A CENTRAL ROLE mission lines were blocking repair work, he peace-keeping mission here with inter- No reserve unit has a more central role had Army helicopters fly local technicians to national civil-reconstruction efforts. With than the 353rd. ‘‘For most military people, examine damage from the air. its wealth of military experience and civilian looking at civil affairs is like pigs looking at NUMBER, PLEASE skills, the unit tries to help bond Bosnia to- a wristwatch,’’ Col. Hess says. They ‘‘kind of Col. John Stroeble uses telecommuni- gether economically, physically and politi- like it, are intrigued by it, but they don’t cations to bind together Bosnia’s factions. cally. Members currently work with, to really know what it does.’’ As recognition Formerly of AT&T Corp., he sees an analogy name a few, the Sarajevo tram system, utili- dawns that American success turns on non- between the breakup of AT&T and the break- ties, the international agency overseeing na- military goals, the 353rd has been allowed to up of Yugoslavia. Bizarre at first blush— tional elections and the local World Bank of- commit ‘‘mission creep’’ and become deeply after all, Sprint and MCI never literally fice. involved in Bosnia’s economic and political opened fire on Ma Bell—the comparison The 353rd can tackle such diverse tasks be- affairs. makes sense as he talks about the politics of cause its soldiers make up what may be the As troubleshooter for Carl Bildt, the Balkan area codes. Bosnian Serbs now use world’s most economically sophisticated former Swedish prime minister who oversees the 381 country code, the same as Serbia military unit. Col. Hess, once an armored- the civilian rebuilding effort, Col. Hess is proper. Col. Stroeble wants them to switch cavalry commander, is Citicorp’s relation- here to assess humanitarian problems in to the 387 used by Bosnia and to re-establish ship manager for Scandinavia, Finland, and Serb-held territory of eastern Bosnia. Sip- telephone links to Sarajevo, creating the the Benelux nations. The 353rd also includes ping espresso in the marketplace of Pale, the physical conditions for dialogue. ‘‘Tele- a professor of financial economics, a vice Bosnian Serb ‘‘capital,’’ he hears a deep rum- communications and electronic media were president of the U.S. unit of a Dutch Bank ble in the distance. It isn’t clear whether it kind of like a weapon in this war,’’ he says. holding company, a Schering-Plough Corp. is an exploding antitank mine or just thun- He also is clearing up after the North At- environmental engineer, a mechanical engi- der. Col. Hess seems unruffled. ‘‘That’s inter- lantic Treaty Organization. Partly because neer, the supervisor of bus maintenance for esting,’’ he shrugs. of its autumn bombing raids against Serb New York City and a Merrill Lynch & Co. He joins a meeting of international aid command and control systems, nine of 11 broker. workers, where his natty attire contrasts radio transmission towers for telephones in In Sarajevo, the Bosnian capital, the 353rd sharply with that of the man from the Bosnian Serb territory were destroyed. He is functions as a band of armed middlemen, French aid group Medicin Sans Frontieres, trying to establish cellular service, which melding military units from 34 nations and with his blue jeans, sandals, shoulder-length ‘‘would be quite helpful to the economy and more than 100 diverse relief and aid groups. hair and cigarette holder. the elections.’’ ‘‘We explain to the military who these guys Col. Hess has been a suit-and-tie man since MILITARY MIGHT taking master’s degrees simultaneously in are and what their capabilities are—and ex- The soldier-executives of the 353rd some- European history at Columbia University plain to these [other] guys what the military times use military might to get their work and in business at New York University a does,’’ Col. Hess says. ‘‘The military thinks done. After departing Serbs destroyed the decade ago. For Citicorp in northern Europe, [relief workers] are a bunch of tree huggers, waterworks in a Sarajevo suburb, Maj. Larry he both handles inquiries and sells the and they think the military is a bunch of Adrian, 353rd water-supply expert who works bank’s services. Essentially, he says, ‘‘I’m a protofascists. In fact, we’re all dedicated as an environmental manager for Schering- facilitator’’ for Citicorp—‘‘not very different professionals on both sides,’’ he says. Plough, asked French and Italian troops to from this job.’’ When U.S. forces entered Bosnia in Decem- establish a perimeter so a major well field ber, fearful of snipers and mines, combat KEY TO PEACE wouldn’t be hit during the next transfer of units of the First Armored Division occupied Each officer of the 353rd feels his speciality territory under peace-agreement terms. the limelight. But the past six months have holds the key to peace. Maj. William Rob- But he was too late to protect a water sta- gone more smoothly than expected. U.S. bins, Jr., chief of maintenance for the New tion in the hills northeast of Sarajevo. He forces have suffered only one hostile death as York City Transit Authority’s bus depart- points at the charred remains of its controls, the three warring factions were separated, ment, is one example. To implement the installed with exquisite workmanship by the heavy weapons placed in holding areas, and peace agreement, he says in a gravely New Austro-Hungarian empire in 1892. Before minefields mapped and, in places, cleared. York voice, ‘‘the biggest thing is freedom of abandoning the station, he says, Bosnian movement.’’ Thus, his job includes getting Serbs ‘‘ripped the guts out, took out the PREPARING FOR ELECTIONS more Sarajevo trams on the tracks to free switches and controls, which cost a lot of Now there is more emphasis on civilian buses for intercity travel—letting more peo- money, and then they trashed it.’’ He points tasks, notably on preparing for extraor- ple cross factional boundaries as envisioned to pipes conveying water from springs deep dinarily complex national elections in Sep- by the peace accord signed in Dayton, Ohio. inside the mountain. ‘‘They just walked tember. This moves the fighting bankers and He strides through Sarajevo’s main tram through with a sledge-hammer and broken bureaucrats of the 353rd to the forefront. If yard wearing fatigues, complete with as the pipes. It annoys you because it’s sheer the U.S. mission is judged a success, it may Screaming Eagle patch of the 101st Airborne destruction.’’ He has Italian army engineers well be due as much to the 353rd’s calcula- Division on his right shoulder commemorat- building a water bypass so locals can clean tors and laptops as to the howitzers and ma- ing two years as an infantryman in Vietnam. the mess. chine guns of the First Armored. He pauses before Bus 259, which has 62 bullet When Lt. Col. Mark Cataudella, a mechani- ‘‘These guys are doing fantastic work to holdes in its windshieid and 26 more in the cal and electrical engineer from Providence, support the elections,’’ says Ed Joseph, the engine panel below. Its engine, wiring and R.I., arrived in Sarajevo, his top priority as liaison officer between the military and the axles are being cannibalized for other buses. natural-gas liaison officer was addressing in- Organization for Security and Cooperation in ‘‘One of the things I didn’t expect is how juries wrought by the city’s estimated 67,000 Europe, which will oversee the elections. Al- closely related it would be to what we do’’ in illegal natural-gas connections, which dur- ready, soldiers of the 353rd have computer- New York, he says. Bullet holes aside, the ing the seige accounted for most of the en- ized the messy Bosnian voting rolls and main differences are the mines still embed- ergy consumed in the city. The lethal com- begun teaching instructors who will train ded along the tramway in suburbs formerly bination of unauthorized taps, homemade poll operators. held by Bosnian Serbs. Maj. Robbins is lining burners and odorless gas led to explosions As the U.S. military shrinks to fit post- up a Norwegian aid group to get the mines that killed four to six people every month. Cold War circumstances, it necessarily removed so workers can repair the line. A He worked with a British aid group and the makes more use of its 970,000-strong reserves shell creater in Sarajevo, he adds, isn’t real- French military to rebuild a gas-distribution and National Guard. From an old Turkish ly different from a Bronx pothole: ‘‘It does facility to odorize the gas and maintain con- castle overlooking Sarajevo, a Kansas Na- the same damage to the undercarriage of the stant pressure. Since then, there have been tional guard unit operates a countermortar vehicle.’’ no deaths from gas explosions. radar system. Reservists from New York Mines also are a problem for Lt. Col. Mark But the turnover of Serb-held suburbs staff the U.S. military press office in Tuzla. Dunaiski, a former product engineer from keeps him busy in unexpected ways. When H6096 CONGRESSIONAL RECORD — HOUSE June 10, 1996 the first district was transferred, departing And then, even more importantly the defense of those being prevented from le- residents left behind nasty surprises by open- than that, Mr. Speaker, our unemploy- gitimately expressing their views, no matter ing gas valves, causing several small fires. ment rate is relatively low but our how controversial. Black and civil rights ‘‘For the next transfer, we put soldiers on underemployment rate is terrible. We groups also took a pass. top of the valves,’’ he says. That created a And the national news media largely ig- new problem: ‘‘They knew the gas was off, so have millions of college graduates who nored or played down the story. it made it easier for them to take meters and cannot find jobs in the fields for which It’s the kind of thing that provides ammu- regulators.’’ they were trained, and we are ending nition to anyone who believes the media are In each area where the 353rd operates, re- up with the best educated waiters and in the clutches of liberals. In this case, the building is complicated by Bosnia’s simulta- waitresses in the entire world. We need complaint wouldn’t be that a liberal bias neous conversion from socialism to free mar- to work on these things if we are going crept into how the story was reported, but that it influenced how the story was kets. Smoothing that change is the main to straighten this country out and task of two 353rd members detailed to the played—or not played. World Bank office here. ‘‘It used to be the make it a land of opportunity again, as Why hasn’t more attention been paid? ministry would tell [banks] to lend money to if should be. Maybe it’s because Thomas doesn’t hold the a certain concern, and at the end of the year LIBERAL BIAS OF NATIONAL MEDIA ‘‘right’’ opinions. they’d get an interest payment,’’ says Col. Mr. Speaker, tonight I wanted to get In the lexicon of political correctness, sup- port of abortion rights is good; opposition to Renato Bacci, in civilian life a vice president into the very liberal bias of the na- of the American-services unit of ABN Amro affirmative action is bad. And for those with tional news media. the temerity to go against the grain, the Holding NV, the Dutch bank holding com- Mr. Speaker, a couple of weeks ago, pany. laws of free speech and rules of civility ap- Col. Bacci, a Chicagoan, is teaching the superintendent of the Prince parently don’t apply. Bosnian bankers about cash-flow statements Georges County, MD school system re- One of the few national columnists to de- and balance sheets. His colleague, Lt. Col. voked an invitation to U.S. Supreme fend Thomas was Richard Cohen of The Gerry Suchanek, a former Special Forces of- Court Justice Clarence Thomas to Washington Post. While he doesn’t subscribe ficer who teaches economics at the Univer- speak at a graduation ceremony. to all the jurist’s views, he argued Thomas sity of Iowa, says that ‘‘everything I do at has a right to be heard. ‘‘The black inner Another high-ranking Prince Georges city has gone to hell in a handbasket while home is teaching capitalism. Everything I do official called this action the ‘‘epitome here is similar.’’ (Thomas’ critics) have been leading the Afri- of intolerance and bigotry.’’ can-American community,’’ Cohen said. ‘‘If Asked what business book best applies to She was certainly correct. his unit’s work here ‘‘Managing Chaos’’ per- they are so sure that their path is the cor- haps? Brig. Gen. Thomas Matthews says his Today, in the U.S.A. Today news- rect one, they should spend less time vilify- soldiers are writing the real book. ‘‘Let’s put paper, columnist Richard Benedetto, ing Clarence Thomas and more time engag- it this way,’’ says the commander, who is a has written an outstanding column ing in a battle of ideas.’’ The invitation for Thomas to speak at the district sales manager for AT&T’s Lucent about this and about the very unfair school followed a student field trip to the Technologies Inc. spinoff. ‘‘The art of war is way in which the liberal national news Supreme Court. There, Thomas was the only very mature. It goes back thousands of years media treats conservatives. justice to invite the students into his cham- to Sun Tzu. The art of peace is much newer. In fact, this liberal bias, this double bers. For 90 minutes he patiently spoke and .. . We’re learning about it here.’’ standard, is so obvious that longtime answered questions. The invitation was ex- f CBS correspondent Bernard Goldbert, tended by the PTA as a thank you. The SPEAKER pro tempore. Under a wrote recently that ‘‘the old argument Thomas, unlike the other justices, rou- previous order of the House, the gen- that the networks, and other media tinely visits with students when they tour tleman from California [Mr. RIGGS] is elites have a liberal bias, is so bla- the court. recognized for 5 minutes. These days we walk around wondering why tantly true that it’s hardly worth dis- our young people seem to be in the grip of a [Mr. RIGGS addressed the House. His cussing anymore.’’ moral and spiritual crisis. When public offi- remarks will appear hereafter in the In fact, the Freedom Forum and cials, community leaders and news media Extensions of Remarks.] U.S.A. Today recently conducted a poll demonstrate such double standards, the rea- f of Washington reporters and Bureau sons why should be clearer. chiefs and found that only 2 percent f AMERICA’S ECONOMIC LULL classified themselves as conservatives. b 1815 BEFORE THE STORM At any rate, back to today’s column The SPEAKER pro tempore. Under a by Mr. Benedetto. BURNING OF BLACK CHURCHES previous order of the House, the gen- Mr. Speaker, I submit the following The SPEAKER pro tempore (Mr. tleman from Tennessee [Mr. DUNCAN] is article for the RECORD. JONES). Under a previous order of the recognized for 5 minutes. [From the U.S.A. Today, June 10, 1996] House, the gentlewoman from Texas Mr. DUNCAN. Mr. Speaker, I intend MEDIA SILENT ON RIGHT’S RIGHTS [Ms. JACKSON-LEE] is recognized for 5 to get into something else, but just on (By Richard Benedetto) minutes. what the gentlewoman from Ohio has Picture this: Ms. JACKSON-LEE of Texas. Mr. just mentioned, let me say this: Some Supreme Court Justice Ruth Bader Gins- Speaker, this poignant picture in the people think because the stock market burg is invited to speak at an awards cere- Washington Times says it all. It is a is at record highs that that means that mony at a suburban Washington, D.C., parishioner praying in a church in everything is OK, but I think we need school. A member of the school board who is North Carolina that has been under to ask ourselves, are we really in the also a member of the Christian Coalition ob- siege and burned down last Thursday. lull before the storm? Because in the jects because Ginsburg supports abortion As we reflect on the Constitution of rights. last 3 years, 1.5 million people have The board member threatens demonstra- the United States, we realize that the lost their jobs due to corporate tions. The school superintendent, seeking to first amendment is one of the more downsizing, and as one of the national avoid a messy scene, withdraws the invita- fundamental rights of this Nation. In newscasts reported a few days ago, al- tion. that amendment, in addition to the most all of the people, unlike in the Of course, this never happened. But imag- right to free speech, is the right to eighties, almost all of the people who ine it did. freedom of religion, the opportunity for Women’s groups would have been outraged. lost their jobs in the nineties have The American Civil Liberties Union would all of us as Americans to be able to stayed out of work on average about have denounced it as an egregious breach of worship in peace and as we please. twice as long as in the eighties and free speech. The hue and cry in the media In fact, as this Nation was founded, they have had to take jobs at far less would have made it a national cause celebre. we were founded on the very tenets and pay than the ones they lost. Liberal politicians would have been in- underpinnings of religious freedom. It In addition to that, we had a $153 bil- censed. seems, however, a few in this Nation lion trade deficit last year, and every A similar incident did occur last month, would want to lay siege upon the Con- leading economist will tell us that con- except the Supreme Court justice was not stitution of the United States of Amer- Ginsburg—it was Clarence Thomas, a con- servatively we lose 20,000 jobs per bil- servative and the only black member of the ica. I find it both outrageous and inex- lion dollars. So that means we lost nation’s highest court. cusable and, therefore, am calling upon over 3 million jobs due to poor trade Remarkably absent from the debate were all of those of goodwill to rise up in op- policies just in the last year. the free-speech groups that usually rush to position to what may be random, what June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6097 may be conspiratorial but what may be ings that took the lives of four little American and other allies in the drug ugly and deadly. girls. region. We saw how our policy was a I join my colleague,the gentlewoman I stand here because I want to save disaster in that regard, only through from North Carolina, in supporting her lives. Let us join together in this inves- an uproar in Congress did some of that resolution calling upon this Congress tigation, taking it extremely seriously. get changed. to denounce these vicious activities. I Let all parties join together and pro- Then we witnessed the destruction of rise this evening in the shadow of two vide the necessary information on the our drug interdiction program, how we very serious burnings in Texas, my toll free act. Let us swiftly pass legis- found recently assets that were des- home State. I rise as a member of the lation that may in fact prosecute those tined for drug interdiction got diverted House Committee on the Judiciary, individuals more quickly and certainly to Haiti, to other projects, how the having participated in hearings just a let us rise together as a house to de- Coast Guard, who in the Caribbean had week or so ago calling upon the Presi- nounce these atrocities collectively in a $630 million budget and now is get- dent and the Attorney General to first a resolution sponsored by my colleague ting up to maybe $370 million to fight of all organize a coordinated effort to from North Carolina to denounce these drugs, a dramatic decrease in interdic- attack this siege and I am glad to say church arson burnings. tion because this President wanted the that as of this weekend, after a meet- Let us join together as Americans so money to go for treatment. I submit to ing with ministers of churches who that we can safely and freely pray to- my colleagues tonight that treating have been burned, such a coordinated gether in our houses of worship. just folks in this drug war is like treat- effort was first established along with f ing the wounded in a battle. an 800 toll-free number and, yes, of Mr. Speaker, we have seen the re- OUR NATION’S DRUG POLICY course, an increased effort to deter- sults. The results are absolutely star- mine the cause and the perpetrators of The SPEAKER pro tempore. Under a tling. Tonight I want to talk about a these heinous acts. previous order of the House, the gen- report that is out by the Drug Abuse Tomorrow the House Committee on tleman from Florida [Mr. MICA] is rec- Warning Network which talks about the Judiciary will mark up legislation ognized for 5 minutes. the increases of cocaine, which talks dealing with the penalizing and the ef- Mr. MICA. Mr. Speaker, I come be- about the increases of marijuana, fort to obstruct those who would lay fore the House tonight to talk about a which talks about the increases of her- siege upon the Constitution of the situation as serious as the one my col- oin. It is not just among our adult pop- United States of America. league has just enumerated with the ulation. It is now in our children. I would simple say the tragedy in burning of the black churches in this Look at this chart, which details, Texas has determined that there were country. Certainly I support her com- and you can see from the 1980’s, how at least three perpetrators. But the one ments, and everything should be done drug abuse and drug use are going thing we do know is that the houses of in that regard to resolve this situation. down. In 1992, when this policy kicked prayer, no matter where they are, Mr. Speaker, I want to talk about an- in, you see what has happened here, should be sacred institutions of which other serious situation, and that is the with 12th graders, with 10th graders, all of us respect their existence and the lack of a national drug policy. I rep- and even 8th graders. This is not an ac- right of those individuals to worship. resent central Florida, a beautiful area ceptable situation. It is important also that we acknowl- between Orlando and Daytona Beach. I Let me read from this report that edge the racial underpinnings of these am so fortunate. Other areas of the just came out last week. The Drug acts and certainly not run away from country sometimes have problems, and Abuse Warning Network, commonly the tensions that have been created in we have problems. But it is normally a known as DAWN, collects data from the last 2 years amongst our people in very tranquil place. People work and hospitals and other reporting agencies. this country. It would simply ask, as go to school. But lately I get home, got The news according to this report is the ministers have asked, that we pray home last weekend and turn on the tel- terrible. and that we have the opportunity to evision. I do not know whether I am in Let me quote it: Compared with the join together as humankind to stand Washington, DC, with the murders, first half of 1994, which was the high up against these tragedies and atro- with the atrocities that are being com- water mark for drug related emergency cious acts. mitted by certain individuals in our so- room cases, cocaine related emergency I call upon my colleagues in the U.S. ciety or whether I am in Detroit or increased 12 percent, from 68,000, to Congress to support this resolution of New York or wherever. Sometimes you 76,000. In heroin related episodes, that outrage, and I call upon the President read the conflicts. But last weekend, rose 27 percent. Marijuana related epi- and the Attorney General to seriously we had a 13-year-old car hijacking. We sodes increased 32 percent and emphasize that the perpetrators, wher- had the incident of 18-year-olds in- methamphetamines and some of the ever they are, will be caught and volved in murders, some double mur- designer drug cases grew by about 35 brought to justice. If need be, I would ders. I look out in the community, and percent. So we have seen the results in ask that we entertain the idea of the I have seen people that I have worked our emergency rooms and our commu- National Guard being sent into these with who have lost family now in this nities, with some of our children, some respective places, so that we can find drug war. I wonder where our Nation’s of our young people out of control. some sense of solace and comfort to drug policy is. Mr. Speaker, let me also cite this re- those who feel they are under siege. Really, what you sow, I guess, is port that we have seen what has hap- I do ask those who are part of the in- what you reap in this business. I am pened with cocaine prices. On cocaine vestigatory process to be sure that really disappointed in the President prices, we see the consequences of the they do not make those who are the and this administration. I come before changes in this administration’s pol- members of the churches the victims the House tonight to talk about the icy. Cocaine prices actually went down, and that the investigation be done in a drug policy. I am afraid that under the and we made cocaine more available. manner that respects the tragedy that President, it has been an absolute dis- Prices were from $172 a gram to $137. has occurred. We certainly want to get aster. I guess when you take some ac- So in interdiction where we have dis- to the bottom of it. We do not want to tions like the President has taken, mantled the program we see the direct throw stones. We do not want to have first thing he did was dismantle the results. misinformation. But we certainly want drug czar’s office and fire everyone in I serve on the committee that over- to get the right information, the best the White House with only a handful sees our drug policy. Let me tell you, information, the information that will left working on the drug czar. the report that we came up with on our allow us to fairly solve these crimes. Then he appointed Joycelyn Elders assessment of this situation is detailed And most of all, Mr. Speaker, we ask our Nation’s number one health offi- in this report released in March. I that we will have the ability to save cial. And what did she say? She said: brought it before the Congress. It lives and not have something similar Just say maybe, maybe we should le- should also be startling to everyone in to the atrocity and the very sinful and galize drugs. Then we stopped sharing the media, everyone in the public, and terrible act of the 1963 church bomb- the drug information with our South everyone in this Congress. This details H6098 CONGRESSIONAL RECORD — HOUSE June 10, 1996 increases in heroin use, cocaine use, de- is the wrong direction. We need to get gious freedom is the solid rock upon signer drug use. What is interesting in the right direction, and we need which our great Nation was founded even in the marijuana area is that the every American to speak out on this, and which must be preserved and pro- marijuana that was used in the 1960’s not just in Congress, but throughout tected. and 1970’s was nowhere near as power- the land. f ful as what this report says is 30, 40 Mr. Speaker, we must solve this times as powerful and is messing up problem or we are not going to again REPORT ON RESOLUTION WAIVING the brains and the genes and the minds have safe streets or have our children POINTS OF ORDER AGAINST CON- of our young people. That is one of the have an opportunity for the future. FERENCE REPORT ON H. CON. problems that we see with crime, with f RES. 178, CONCURRENT RESOLU- disorder and again with the use of TION ON THE BUDGET, FISCAL CHURCH BURNINGS STRIKE MY these drugs by our young people. YEAR 1997 DISTRICT b 1830 Ms GREENE of Utah, from the Com- The SPEAKER pro tempore (Mr. mittee on Rules, submitted a privi- So the reports are in. The Congress, JONES). Under a previous order of the leged report (Rept. No. 104–615) on the my subcommittee over at Inter- House, the gentleman from Texas [Mr. resolution (H. Res. 450) waiving points national Affairs and Oversight has re- HALL] is recognized for 5 minutes. of order against the conference report leased this report. We now have the re- Mr. HALL of Texas. Mr. Speaker, last to accompany the concurrent resolu- port of the drug abuse warning net- night two churches in Greenville, TX, tion (H. Con. Res. 178) establishing the work that shows that the problem is the fourth district that I represent, congressional budget for the United even worse than what this chart details were damaged by fires which are sus- States Government for fiscal year 1997 before us. pected to be acts of arson. These are and setting forth appropriate budg- But I think, my colleagues, that it is the latest in a long and tragic series of etary levels for fiscal years 1998, 1999, time that we took back our children, I church burnings that have struck pre- 2000, 2001, and 2002, which was referred think it time that we took back our dominantly black, southern churches to the House Calendar and ordered to schools, that we took back our streets, in the past 18 months. Whether these be printed. we took back our communities, the vi- burnings eventually are found to be olence that we have seen, the crime part of a conspiracy, isolated incidents, f that is related to drug abuse. My sher- or ‘‘copy-cat’’ crimes, these are crimes REPORT ON RESOLUTION PROVID- iffs and police chiefs have told me that that must be given top investigative ING FOR CONSIDERATION OF 70 percent of the criminals that they priority. H.R. 3603, AGRICULTURE, RURAL have incarcerated are involved with Members of the blue dog coalition, of DEVELOPMENT, FOOD AND DRUG drugs, and narcotics and illegal sub- which I am a member, have joined with ADMINISTRATION, AND RELATED stances. members of the Congressional Black AGENCIES APPROPRIATIONS So we know where the problem is. It Caucus in asking Attorney General ACT, 1997 is not going to be answered by curfews, Janet Reno to give this issue the full it is not going to be answered by regu- and focused attention of the Depart- Ms. GREENE of Utah, from the Com- lating cigarettes, it is not going to be ment of Justice. In recent weeks, we mittee on Rules, submitted a privi- answered by uniforms or V-chips. It is have received assurance that the De- leged report (Rept. No. 104–616) on the going to be answered by the highest partment is committed to thorough in- resolution (H. Res. 451) providing for leadership of this country, the White vestigation of these burnings, and yes- consideration of the bill (H.R. 3603) House, taking this issue seriously. It is terday Attorney General Reno gave her making appropriations for Agriculture, going to be answered by this Congress personal assurances to a delegation of Rural Development, Food and Drug Ad- providing more resources to a drug ministers. As we speak here tonight, ministration, and Related Agencies interdiction program and education agents from the FBI and the Bureau of programs for the fiscal year ending programs, some of which have been Alcohol, Tobacco and Firearms are in September 30, 1997, and for other pur- gutted by this administration, and Greenville investigating these recent poses, which was referred to the House making drug abuse and misuse a seri- burnings. Calendar and ordered to be printed. ous topic of conversation because it is I would like to commend the efforts f ruining our ability to live as a society. of the distinguished gentleman from IMPACT OF REPUBLICAN CUTS ON We heard about the black churches Louisiana, Mr. CLEO FIELDS, and the that have been destroyed across the distinguished gentleman from Ala- MEDICARE AND MEDICAID Nation. Well, just in this city since I bama, GLEN BROWDER, for their leader- The SPEAKER pro tempore. Under have been in Congress the last 31⁄2 ship on this issue, and I join others in the Speaker’s announced policy on May years, 1,000, in excess of 1,000, young the blue dog coalition, the Congres- 12, 1995, the gentleman from New Jer- black males between the ages of 14 and sional Black Caucus, other Members of sey [Mr. PALLONE] is recognized for 60 45 have lost their lives in a drug war. I Congress, and the majority of Ameri- minutes as the designee of the minor- asked the President in any war I would cans in condemning these acts of vio- ity leader. send in the National Guard, and when lence. Whether these are crimes of hate Mr. PALLONE. Mr. Speaker, on pre- we saw what was going on here with or random incidents of vandalism and vious occasions during these special or- the deaths, he denied our activity. I arson, this is a disturbing pattern of vi- ders I have talked about the impact of participated in a hearing in San Juan olence in America that must receive the Republican cuts in Medicare and today, and we found that where they our serious attention. the fact that the Republican leadership brought in the National Guard where The issue is not merely the physical proposals on Medicare would cut the they had high intensity or problems damage resulting from these fires. I am Medicare Program so much that most that, in fact, they took their streets confident that the congregations of of the money, or a good percentage of back. Greenville’s New Light House of Prayer the money that would be cut, would be So we are going to have to take and the Church of the Living God will used for tax breaks for wealthy Ameri- whatever measures are necessary be- unit to repair their churches and will cans and also that the changes in the cause we are in a war. The victims in be joined in that effort by the Green- Medicare Program that have been pro- this war are children. We are losing a ville community at large. The issue is posed by the Republican leadership generation. Our jails are filled. We can- that these fires represent an act of vio- would negatively impact the Medicare not put any more people in prison, so lence that must not be tolerated in a Program by essentially depriving many we are going to have to concentrate on free and civil society. When we read senior citizens of their choice of doc- what has become a national scandal about church burnings or awaken one tor, pushing them into managed care and a national problem, and that is morning to discover that a suspicious programs; if they did not go into man- drug abuse and drug misuse. The direc- fire has damaged a church in our own aged care of HMO programs, they tion the President has been heading in community, we are reminded that reli- would actually experience rather large June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6099 increases in out-of-pocket expenses be- Now, many people think of the Med- b 1845 cause the protections that exist under icaid Program as a program for poor So we could say that the total cut in current law whereby a doctor can people, and that is essentially true, and Medicaid spending, both Federal and charge only 15 percent more than what the Medicare Program, of course, is for State, would be $250 billion, or 18 per- Medicare pays would basically be re- all seniors regardless of their income cent. pealed. status. Medicaid, on the other hand, is There is no way, Mr. Speaker, this I have been very critical of the var- for people of any age who fall below a program can continue to cover this ious components of the Medicare Pro- certain income. But in this country, in same number of people and provide the gram that the Republicans have pro- these United States, most of the Medic- same level of services with that level of posed. Well, tonight I wanted to repeat aid Program money, most of the money cut. It is unprecedented. Of course, it is some of that, but perhaps even more that the Federal Government and the not intended to cover the same amount so, go into some of the changes that State governments contribute to Med- of people. The anticipation has to be are being proposed for the Medicaid icaid, actually pays for senior citizens that a lot of people will simply not be Program because tomorrow we are who are staying in nursing homes. So eligible for Medicaid anymore. likely to take up on the House floor Medicaid is, although it is not exclu- As I said, the Republican bill would the Republican budget bill, the con- sively for senior citizens by far, the repeal the Medicaid Program and re- ference bill that comes back from both majority of the money goes to pay for place it with a block grant to the the House and the Senate, and that in- senior citizens services, and it is just States. More specifically, the Repub- cludes major provisions and incor- as important to the seniors of this lican bill repeals the individual Medic- porates the changes, if you will, in the country, almost as important, I should aid entitlement effective October 1 of Medicare and the Medicare programs say, as Medicare itself. this year. that the Republican leadership has pro- I want to keep stressing that, that What does that mean when we talk posed. Medicaid is primarily a program, or at about entitlements? Entitlements his- In addition, starting tomorrow and least financially a program, that pays torically have been if you are eligible after tomorrow, once that budget is for seniors’ health care, primarily because of income or other criteria for adopted, as I expect it will be by the again in nursing homes. a program, you are guaranteed that Republicans or by the Republican ma- Mr. Speaker, I wanted to talk about you would have that health care cov- jority, we will start seeing individual some of the reasons more specifically erage. Essentially what this Repub- committees take up different compo- why I oppose this Republican Medicaid lican bill does is take away the entitle- nents of that budget proposal, includ- Program and the changes that are ment status of Medicaid, so no one is ing the Medicare and the Medicaid being proposed by the Republican lead- actually guaranteed that they are components, and actually come for- ership. The budget that we will be vot- going to have health insurance. Basi- ward, the committees will come for- ing on most likely tomorrow would re- cally, States would be entitled to fix ward, with legislation that provides a duce Federal spending on Medicaid the amounts of Federal dollars and lot more details about exactly how the over the next 6 years by $72 billion. could vary the benefits they offer from Republicans and the leadership plan to This means that compared with what person to person and area to area. make changes in Medicare and Medic- the Congressional Budget Office, or the I want to stress again, and I do not aid. Specifically, tomorrow my com- CBO, estimates is necessary to main- think I can stress enough, that we are mittee, the Committee on Commerce, tain the program’s current level of cov- primarily here, in terms of dollars, which has a Subcommittee on Health erage, the Federal Government would talking about nursing home coverage and the Environment, will actually be spending $72 billion less, a cut in for senior citizens. The Republican bill have a hearing on the Medicaid Federal Medicaid spending would be 16 puts the elderly, especially the frail el- changes that would likely be brought percent below the amount CBO esti- derly in nursing homes, and their fami- up and voted on in the committee some mates is necessary or needed to main- lies at risk of paying large amounts of time later this week. tain the program at its current level. out-of-pocket expenses for needed care The problem that I have with the So once again you are going to be and of losing much of their current Medicaid Program in some ways is very hearing from the other side of the coverage altogether. similar to the problem that I have with aisle, and they are going to be saying, The Republican bill repeals the cur- the Republican Medicare proposal. The well, we are actually increasing the rent entitlement that low-income cuts are too deep, they negatively im- amount of money that we spend on Americans have needed nursing home pact the program because the money is Medicaid in the same way that we are care, again effective October 1. Again, taken away from the program and used increasing the absolute amount of if you were below a certain income for other purposes, primarily tax money that we are spending on Medi- now, you are guaranteed nursing home breaks for wealthy Americans, but in care. But if you look at inflation and coverage. You will not be under this the case of the Medicaid Program, un- the actual cost to take care of the peo- bill. The bill repeals the current re- like the Medicare program, the Medic- ple that are in the Medicaid Program quirement that nursing home services aid Program is essentially repealed now, just as in Medicare, and project and other benefits be sufficient in outright because its entitlement sta- how many people would be in those scope, allowing States to limit cov- tus, the guarantee that Medicaid re- programs over the next 5 or 6 years, erage to, say, 14 days per month, or 2 cipients have now that they will re- you realize very quickly that the months per year. Elderly nursing home ceive certain health care coverage or amount of money that is going to be patients and their families would have even health care coverage, is basically made available will not cover the needs to pay for the care received during taken away, and the program is what of those Americans who would nor- those periods the States chose to cover. we call block-granted to individual mally be eligible for Medicaid or Medi- Not only can the States decide not to States. The States get a certain care. cover certain people for nursing home amount of money. They can decide In addition, Medicaid, unlike Medi- care, but they can decide they will only pretty much on their own how they de- care, is 50 percent paid by the States. cover them for 14 days, half a month, cide to disburse that money. If they de- So what the Federal Government does or a certain number of months per cide that certain categories of people in how it relates to what the States year, and basically say you have to should no longer be eligible for Medic- pay is also significant, and under the pay; and since these people do not have aid, it is pretty much up to them to Republican budget, which we will be the money to pay themselves, their make that decision, and even those voting on most likely tomorrow, the families, their children, their grand- who continue to be covered by Medic- States would be allowed to decrease children, would have to pay those ex- aid in many cases will find that the their spending, and State Medicaid penses in the nursing home. scope of their coverage or services that spending would fall by $178 billion over The Republican bill also repeals the are rendered available to them are sig- the next 6 years, more than twice as current law requiring that States pay nificantly less or significantly poorer much as the Federal spending would be nursing homes reasonable and adequate quality. cut. rates for the services they provide to H6100 CONGRESSIONAL RECORD — HOUSE June 10, 1996 Medicaid patients, and it prohibits quirement that States provide basic $220 to $240 billion that they would cut nursing homes from suing States in health care coverage to children age 13 out of Medicare this year in their budg- Federal court to enforce the reasonable up to 18, living in poverty, and under et proposal over a 7-year period. and adequate payment standard. the Republican bill, coverage to these We know that there have been many Oftentimes what happens now is that children would be at the option of each times in the past, and Medicare has States will decide that in order to save State. been around now for 30 years, there money, they will reduce the reimburse- Finally, the Republican bill repeals have been many times when the trust- ment rate that goes from Medicaid to the current law requirement that phy- ees have reported that Medicare would the nursing homes. A lot of times in sician, hospital, and other so-called run out of funds, in some cases in as the past the nursing homes could get guaranteed benefits be sufficient in short a time as only 2 years. There together and say, look, that is not scope for children. As a result, States were a couple of periods back in the enough money to pay for care. We would be allowed to limit children to, decade of the 1980s, for example, when would have to cut back on the amount say, one physician visit per month or 5 the trustees came in with their report of nurses that are available. We would hospital days per year. Just as with the and said unless the Congress takes have tot cut back on various services. seniors in the nursing homes, the chil- some action of some kind to strengthen They sue in the Federal court and they dren, the coverage for children, could the fund, the fund will be exhausted in say, ‘‘This is not enough to pay for the be limited by just taking out whole 2 years. Of course, Congress took that proper services that we offer,’’ and categories of children who would not action, and the fund was extended for many times they win. Sometimes that have health insurance, and would then years into the future. do not. They would not be able to bring be among the ranks of the uninsured, Now the trustees, in their most re- suit anymore, and there would not be a or basically by limiting the kinds of cent report, have said that the fund is requirement anymore that the States services that the children would re- secure for another 5 years. There is set a rate at what is reasonable to ac- ceive under the program. nothing that has to be done for another tually cover the costs of the nursing I see that my colleague, the gen- 5 years and it will be secure, but some- home care. tleman from New York [Mr. HINCHEY], time within that 5-year period the Con- The Republican bill also repeals the is here. I yield to him to talk about gress will have to act. current law prohibition against the im- Medicaid or Medicare, which I know is That has always been the case. Medi- position of cost-sharing requirements very important to him and his district. care was created on a pay-as-you-go on Medicaid nursing home patients. So, Mr. HINCHEY. Mr. Speaker, I thank basis back in 1965. It was not as though as a result, I will give an example, the gentleman for blocking out this Lyndon Johnson, who was President States could require each beneficiary time and giving me an opportunity to then, found a big pot of money some- to contribute $25 per day, say, toward join him in this discussion. place and said, well, this is going to be the cost of nursing home care. Since I know that the gentleman is very the Medicare trust fund. We have just most of the beneficiary’s income is al- concerned, as I am and I think many of discovered this fund and we are going ready applied towards the cost of care, the people in this House are, about the to turn it into the Medicare trust fund. because we are talking about low-in- future of both Medicare and Medicaid. Nothing like that, of course, happened. come people, the burden of this addi- Last week we saw once again the trust- What they did was set up the Medicare tional cost-sharing would, as a prac- ees, the Medicare trustees, issue their program and established its funding on tical matter, fall on the individual’s annual report. It is a report, of course, a pay-as-you-go basis, year after year family. that they issue every year. When they after year, assuming that the program Mr. Speaker, what we are seeing here issued their report last year, the Medi- would be effective, that the American is a major shift historically. When sen- care trustees reported that legislation people would support it, and so there- iors were not able to afford nursing that would reduce costs by only $89 bil- fore the Congress would continue to home care, the State and the Federal lion over a 7-year period would be suffi- support it with the necessary funds. Government contributed and paid for cient to maintain Medicare’s financial Now the majority party here has that care. What we are going to see in- security. So it is not an awfully dif- come and has reacted to this recent creasingly is that the burden will fall ficult job to do. A relatively small revelation, this recent report from the more and more on the children and the amount of money over that 7-year pe- trustees that stipulates that Medicare grandchildren. I think some people say riod will ensure the future stability of is fine for 5 years, and they are trying that is fine, let the children or the Medicare for at least another decade to instill panic in the general popu- grandchildren pay; but when we think beyond that. lation, particularly those people who about the fact that those children may Most of this legislation, which would are receiving Medicare, elderly people. have the educational expenses for their extend Medicare’s viability another They are vulnerable to this. They are children or may have other costs that decade, required only the continuation worried about their health care. So they incur in order to pay for their of existing Medicare laws that were when someone in the House of Rep- children or their regular lives, it is scheduled to expire. So, simply by tak- resentatives stands up here on the floor very difficult for many of them to now ing laws that are about to expire and and stamps their feet and makes a big have to shell money out of pocket to extending them into the future, that to-do, pretending that Medicare is pay for nursing home care for their alone will provide us with most of the about to go bankrupt, when in fact it is parents or their grandparents. funds that we need to ensure the stronger today than it has been many Mr. Speaker, I wanted to talk a little strength and viability of Medicare for times in the past, senior citizens be- bit about what this Republican Medic- at least another 10 years. Many of us, come concerned, because it is the aid plan does for children. The bill ba- including you and I, cosponsored legis- health insurance that they need to get sically strips over 18 million poor chil- lation that would continue those laws the health care they need to sustain dren of the health insurance coverage and would meet that $89 billion goal. their health and to sustain their lives. which they are guaranteed under cur- Relatively small shifts in reimburse- Their children become concerned, too, rent law, children with disabilities or ment levels and technical changes can because without Medicare they know health conditions that are expensive to produce substantial savings without re- that they would have to sustain sub- treat, and their families are at a par- quiring any dramatic overhaul of the stantial costs which in many cases for ticular risk of losing coverage. Medicare Program. Our colleagues on working people would be far beyond The bill repeals the current entitle- the other side of the aisle here, whose their ability to sustain. ment to a basic benefit package for real intention is to destroy Medicare, Mr. Speaker, it is really, I think, every American child under 13 living in are proposing to cut much greater scandalous the way some people here a family in poverty. This repeal, which funds out of the program. Their pro- have tried to turn this routine report will essentially terminate health insur- posal last year, of course, was for $270 from the Medicare trustees that comes ance coverage for over 18 million chil- billion out of Medicare. They have out every year, how they have tried to dren, would become effective October 1. dropped that back a little bit this year. turn it into a political football, and The bill also repeals the current re- It is something in the neighborhood of they are trying to exploit this report June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6101 by pretending it is something that it is said, ‘‘Because I knew it would not think it is really an ideological phe- not. It is not a call for alarm, certainly work then and I know it does not work nomenon that basically the Republican not panic. It is simply the requirement, now.’’ leadership does not favor Medicare or annual requirement that the law stipu- The fact of the matter is that mil- Medicaid, and that is essentially be- lates that the trustees must do, and lions of American seniors have bene- cause I think that they believe that that is to report to Congress and to the fited from the Medicare program. It whether it is for seniors or it is for low- United States every year on the condi- has provided them with excellent income people, there really should not tion of the fund. The fund, with 5 years, health care; not that it is perfect by be a government-funded or run health is obviously a lot stronger than it was any means. There are things we have care program. back in the 1980s, when a number of to do and will do to improve the pro- The bottom line is that these pro- times, at least twice, there were only 2 gram. But the fact of the matter is grams were established because we years left in the fund. that Medicare has served the senior knew that the majority of seniors were Congress has responded throughout citizens, 65-year-or-older population in not able to get health insurance. When this 3-year period. In the last 13 years, this country, very well now for more Medicare was established in 1965, the for example, Congress has adjusted the than 30 years. And of course we know majority of seniors did not have health Medicare fund nine times to respond to that the Speaker of our own House, co- insurance coverage. Certainly people recommendations that were contained incidentally that same week in October who are eligible now for Medicaid who in the annual report of the Medicare of last year, speaking to a group of in- are very low income, there is no way trustees. So this report this year is surance executives at the time, said for them to get health insurance cov- nothing extraordinary, it is nothing this to them. erage unless the Government provides new. It is the routine, annual reporting He said, ‘‘We are not going to attack a program like Medicaid. of the trustees to the Congress, and it Medicare directly. No, no. We are not But what the gentleman was saying is our responsibility to respond to that going to do that. That would be politi- about how the Republican leadership is either this year or next year. cally unwise,’’ he said. ‘‘What we are trying to use this Medicare trustees’ The proper response is, as I indicated going to do is attack it circuitously, by report as a way to justify their radical when I first started speaking a few mo- going around the back, withdrawing changes, if you will, that they are sug- ments ago, the proper response is to the funds from the program’’; hence gesting for Medicare, is so true. look at the existing law, take some of their proposal for a $270 billion reduc- I just have some statistics here that those things that are about to expire, tion, ‘‘withdraw the funds from the show that right now the Medicare trust extend them on into the future so that program and let Medicare wither on fund actually has a $125 billion balance they will produce the needed revenues, the vine.’’ and there is no danger that claims will and the mere $89 billion over 7 years, a not be paid. I have people coming up to b 1900 far cry from the $270 billion that our me because they hear what the Repub- friends on the other side of the aisle That was his approach to these insur- licans say, and they say, ‘‘Is my Medi- are trying to chop out of the program, ance executives, who of course many of care going to be paid this year?’’ simply by extending provisions in the them would like to see Medicare be de- As the gentleman points out, even existing law you can obtain the $89 bil- stroyed, because that would give them though the trustees’ report indicated lion over 7 years and ensure the some opportunity to perhaps sell some that it would only be solvent for an- strength and solvency of the fund for health care insurance to some people other 5 years, that is actually better at least another decade, which is the who do not need it now because of the than many previous trustees’ reports kind of thing that the Congress has fact that they have Medicare. which were only for 2 years. Also, when done over and over and over again So it comes as no surprise to us, it the gentleman was talking about the throughout the 30-year history of Medi- ought to come as no surprise to the actions by the House, the Democrats in care. American people that there are certain 1995 and 1996 actually proposed on the But it comes as no surprise to you people in this House as well as in the floor amendments to the budgets that nor to me that these folks are trying to other body that are trying to exploit would have corrected the problem. exploit this report, to turn it into a this routine report from the Medicare We had a vote on a proposal of the source of panic and concern, when real- trustees, turn it into something it is gentleman from Florida [Mr. GIBBONS], ly there is no need for concern, let not, pretend that it is cause for con- the ranking member on the Committee alone panic. It comes as no surprise to cern and try to exploit it for political on Ways and Means, the Democratic us because we know that the majority reasons, which I think is frankly un- ranking member, last year during the leader of the Senate, who is now about conscionable. Nevertheless, that is budget debate to cut, I guess, $90 bil- to retire, was bragging here on an Oc- what they are trying to do, when in lion out of Medicare. That is exactly tober day last year when he was ad- fact this is a routine report. what the trustees’ report said was nec- dressing a very conservative group of It is simply the trustees fulfilling essary in order to keep the program people here, when he was trying to ap- their obligations to report to the Con- solvent for the next decade. The Presi- peal to them as a candidate for the Re- gress and to the American people, and dent’s budget was offered on the floor publican nomination for President, he this Congress or the next one, which this year that would have achieved the was trying to appeal to them by saying will be elected in November, will do ex- same goal, and the Republicans voted to this very right-wing group, ‘‘If you actly what Congresses have done in against it. want someone who is really conserv- each and every case in the past. They Basically what they are trying to do ative, then I think I am the guy you will do the responsible thing. They will is, they are trying to increase the cuts want, because I have been against Med- extend these programs out. They will significantly more, as the gentleman icare from the very beginning.’’ He take the appropriate action to ensure said, than what is necessary to keep bragged about being one of only 12 peo- that this Medicare program, which has the program solvent. I have maintained ple to vote against Medicare when it served the country and particularly that is primarily in order to pay for was first proposed on the floor of this our elderly population so well now for these tax breaks that go primarily to House. he was a Member of the House so long, will continue to do precisely very wealthy Americans. in those days, in 1965. that. So I think it is only fair, as the gen- He bragged about being only one of 12 So I wanted to come over and join tleman is doing, to point out where people to oppose the Medicare legisla- you in this discussion because I think this debate really is. What we are see- tion, and he seemingly makes no bones that these are matters that are impor- ing are efforts on the part of Speaker about it, frankly. He was proud of the tant and ought to be said. In fact, I GINGRICH and the Republican leader- fact that he was against it then. He think that they ought to be said as ship to make real changes in the Medi- said he has been against it ever since, often as possible. care program and also in Medicaid, as I and he is against it today. Why, he ex- Mr. PALLONE. I appreciate the gen- was talking earlier that are essentially plained? Because, and this is the real tleman coming down and saying the going to have a negative impact on kind of silly part of his argument, he things that he said. It is so true. I these programs and ultimately force H6102 CONGRESSIONAL RECORD — HOUSE June 10, 1996 them to disappear or, as I guess the have never like it, as BOB DOLE has have been stagnating, in some cases Speaker said, wither on this vine. I said quite clearly. He was against it even declining. From 1989 to 1992, aver- think that was his quote, that Medi- from the very beginning back in 1965. age incomes in this country for work- care should wither on the vine. He did not like it then, he does not like ing people actually went down. That is Mr. HINCHEY. It is clear that that is it now. That is his right, of course, not an extraordinary fact. So working peo- his intention. I think you are right for to like it. He is certainly entitled to ple are having a difficult time as it is pointing out that there are certain ide- his opinion. just trying to maintain their standard ological differences. There are things We think he is wrong. We believe ear- of living. In many cases it is slipping a relating to public policy that separate nestly that he is wrong. We recognize bit. They are trying to put some money the Democratic Party from the Repub- that Medicare has served this country aside for the education of their chil- lican Party, not every member of the very well, particularly our elderly pop- dren, perhaps for their retirement, in Republican Party, because there are ulation and the families of older people the case of young people trying to put people in the Republican Party who as well. But they do not like it and some money aside for the purchase of a very much appreciate Medicare, who they are opposed to it. They would like first home or perhaps to start a busi- like it, regard it as something very to see it ended, and they are trying to ness, something of that nature. and if positive and want to support and sus- destroy it by these continuing efforts they had to suddenly be forced to bear tain it. to cut the funds out of the program so the additional costs of tending for the It happens, however, that the leader- that, in the words of Speaker GINGRICH, health care needs of their parents and ship in this House feels quite dif- it would just wither on the vine. grandparents absent Medicare and ferently and the leadership in the Sen- Mr. PALLONE. I am somewhat famil- Medicaid, I think for many people that ate feels quite differently. They are iar with the gentleman’s district, not I know, certainly in my family and very strongly opposed to it. They have so much with Binghamton but with En- many of my friends and the people that said so themselves. They make no dicott, which is also in your district, I I know and the people that I represent bones about it. They are not reticent believe. across my district, it would be an abso- about their opposition to it. They have Mr. HINCHEY. Yes, it is. lute impossibility. They just could not been quite clear in the things that they Mr. PALLONE. Because my father- do it. have said. They are opposed to the con- in-law and mother-in-law both grew up, This is a situation that although it tinuation of Medicare, as they are op- until they went off to college, lived in affects our elderly population, our sen- posed to the continuation of Medicaid, Endicott, and I have been up there a ior citizens, most directly because it is and they are trying to destroy these few times. It in many ways very simi- their health care, after all, but by ex- programs by taking the lifeblood from lar to a lot of areas in my district tension it affects in a very direct and them, the funding that is necessary to where there is an aging population in very solid way everybody in the coun- keep them going. many ways. You have a lot of the sen- try. Everyone in this country would be Something else that the gentleman ior citizens, maybe a little out of pro- affected if we were to lose the Medicare said really stuck me, also. I was at a portion to some other areas of the Program. I think that that is why this housing unit over in Binghamton, State or other States. program is supported so overwhelm- which is a city in my district, over the The problem that I see with all this, ingly. Every indication, polls and other weekend. It is a very lovely place. It is not only with Medicare and Medicaid, samplings of public opinion indicate well run, it is well kept. It is 16 years with the Republican proposals, is that that the American people support Med- old, was funded by the Federal Govern- if you cut people off the rolls or if you icare, they understand its value, how it ment. It was built 16 years ago but it is cut back the services that are covered has helped their parents and grand- maintained so well that one would by Medicare and Medicaid you cause, parents, what it means to them and think it was only 4 or 5 years old. it is which is what they are doing basically, their economic circumstances, and in very good condition. a lot more out-of-pocket expenses. they support its continuation. They This is a building that houses senior What I see is the burden shifting in- want it improved as you and I want it citizens and people with multiple dis- creasingly to the children and the improved. There are problems with abilities. If it were not for buildings grandchildren of these senior citizens. Medicare in the area of fraud and abuse like this, these people frankly in many Because many of them are not going to that need to be improved and I am cases would have no place to go. So be able to afford the additional costs happy that the administration has here they have an opportunity to live out of pocket. taken some very solid steps recently independently and live in a secure en- Some people have said to me, ‘‘Oh, updating the computer operation so vironment and one that is quite pleas- that’s okay, let the children and the that cross-checking of bills can be done ant. In fact, in the back yard there was grandchildren pay for it.’’ First of all, much more quickly and much more ac- a lovely landscaping operation and a you have the phenomenon that some curately. There have been instances of garden where people had planted some will not. But beyond that, how far can double billing in Medicare from some vegetables, tomatoes, and things like they go? A lot of younger people have doctors. Most doctors, of course, would that, to harvest in the summer har- their own children to raise and they not do that. But in any population of vest. are not expecting that they are going any group of people, you are going to They were deeply concerned when I to have to shell out large amounts of find some who will try to exploit the talked to them about Medicare. They money to pay for nursing home care for system. And so we have had examples had heard some of the things that were their parents or their grandparents or of double billing from some physicians reported here. They had heard about these other doctor and physician serv- in Medicare, and these changes in the the Medicare trustees’ report, they had ices. administration of Medicare that are heard about the kind of twists on that What we are talking about here is being brought on line by the Clinton report that had been placed upon it by not just something that relates to sen- administration, updating the comput- certain Members of this House on the ior citizens but relates to the popu- ers, making them more powerful, giv- other side of the aisle, and they were lation as a whole because of the cost ing them the ability to cross-check and deeply concerned. shifts that would occur. I do not know cross-reference bills, will sharply re- They were wondering if they were that we have been able to get that out duce the incidence of fraud and abuse going to continue to have their health a lot, but I think that it is a phenome- in the Medicare system, and we need to insurance, if it was going to continue non that we need to speak out about. continue to do that. to be viable. I had to assure them that, Mr. HINCHEY. The gentleman is ab- It is estimated that as much as $1 bil- yes, of course it was, that this report solutely right, of course. It is critically lion a year is found in fraud and abuse was not anything unusual, it was sim- important. I know the families in my in Medicare. I think if we continue to ply the routine report put out by the district, and I know that my district is work on that, we can get that down to trustees. not unusual, this is true of families a very small number. I do not think But there are people here in Washing- across the country, are struggling that we are ever going to eliminate it ton who do not like Medicare. They today because of the fact that incomes completely, but I think we can get it June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6103 down to a very small number and that they would not care about the loss of or a managed care system, and they will be additional funds, of course, the Federal program. They would just want to stay in the traditional Medi- which will be available to improve the sort of gloss over that. care Program where they choose their quality of the program and the quality So there is a lot of irony here, un- own doctor or their own health pro- of health care that is available to the questionably. Not only do our friends vider, then they no longer have the people who depend upon it. on the other side of the aisle over here guarantee that the doctor or provider Mr. PALLONE. One of the things want to cut Medicare by $270 billion so cannot charge them 15 percent beyond that I was going to get to tonight, and they can pay for a $245 billion tax cut, what Medicare pays. There is actually obviously there is so much to be said most of the proceeds of which would go no limit. about Medicare and Medicaid that we to upper-income people, but, as the So when I hear my colleagues on the could talk forever, but one of the gentleman pointed out, they are slash- other side say, well, you are given all things that Democrats have been criti- ing away, and the bill is still before the the choice you want here; you can stay cal of in the Republican changes to the House, the one that calls for a $270 bil- in traditional Medicare or go to an Medicaid program is a provision that lion cut, they are slashing away at the HMO, or you can have all the choices actually repeals statutory safeguards existing provisions which attack fraud you want, what kind of choice do you that have protected against some fraud and abuse. have if you stay in the traditional Med- and abuse. I think people have the no- What they would do in that bill is icare program and then the doctor can tion that the reform proposals that this: They would raise the standards of charge you an unlimited amount of co- have come forward on the floor here proof so it would be more difficult for payment? You are not going to be able over the last year would somehow curb investigators and law enforcement peo- to stay with this very long unless you fraud and abuse, but in many cases ple to prove fraud in the system. So if have unlimited resources, which obvi- they repeal existing statutory protec- there were people out there ripping the ously most seniors do not. tions against fraud and abuse. system off, under their proposal it I have been trying to explain that as For example, in the Medicaid pro- would be tougher to catch them. So the much as possible to my own constitu- gram over the past 10 years the largest white collar crooks ripping off the ents because I think they cannot imag- single abuse of Federal Medicaid funds Medicare system would get away with ine a situation where the doctors can has been the use by some States of murder based on their proposal because charge an unlimited amount beyond what is called illusory financing they would make it much more dif- what Medicare bills. But that is only schemes. This is where they have these ficult for the authorities to catch up forbidden now because of the statutory fictitious payments to disproportionate with them. restrictions on it. share hospitals and then the State sub- And, in addition to that, they go fur- Mr. HINCHEY. Right. There are stat- stitutes Federal for State dollars effec- ther. When and if they were ever utory restrictions which were put into tively reducing the State’s share of caught under their proposal, they re- place not too long ago, as a matter of program costs. duce the penalties. So anyone caught fact, were they not? I think a decade or In 1991 and again in 1993 Congress en- abusing the system through fraud or so ago. acted legislation designed to curb these other ways, not only would it be tough- Mr. PALLONE. That is right. abuses where they set up these ficti- er to catch them under their proposal Mr. HINCHEY. They were put into tious funds and the Republican bill ex- but if they were ever caught the pen- place because it had become clear that pressly repeals these statutory safe- alties for stealing from the system overbilling had become rampant in the guards essentially reopening the door would be substantially reduced. system, and this was something that to abuse of the Federal Treasury by It is an incredible irony and I think was done to ensure fairness and to pre- States if they want to lower their own it indicates quite clearly how dedicated vent overbilling. Medicaid spending without reducing they are to the destruction of the Med- I think the point that the gentleman the amount of Federal Medicaid funds icare Program. They want to take the has just raised is important, and it re- that they would fall down on. money out of it and use if for unneces- minded me of something that I have b sary tax cuts. And, for the most part, here. The Physician’s Payment Review 1915 people are sensible enough not to want Commission, which is a nonpartisan So again, one would think when we them because they understand that panel of experts that advises Congress are getting a reform proposal that we that money ought to be used to keep on Medicare policy, had the following would be cutting back on the fraud and this program strong, and if there is any to say. They said, and I quote, this abuse, but in effect what this does, in extra money lying around here in change that our friends, the Repub- block granting the money, it actually Washington it ought to be used to bal- licans want to make here, which would takes away some of the safeguards that ance the budget. allow unscrupulous physicians to have been used by the Federal Govern- Not only do they want to do that, but overbill Medicare patients by large ment to prevent the States from basi- out of one side of their mouth they amounts, they say, and I quote, ‘‘could cally coming up with these illusory fi- talk about the budget deficit and out of leave beneficiaries exposed to substan- nance schemes. the other side they talk about big tax tial out-of-pocket liability in the range We might say what State would do cuts. It is quite extraordinary, frankly. of 40 percent of the bill.’’ that, but, of course, States do that be- Mr. PALLONE. I agree. And the So the effect of their proposal, which cause they are trying to save money other thing that has really been, I will be, I think, here before us tomor- and cut back on the amount of State think, not exposed enough is this whole row or later this week, is it tomorrow? dollars and use the Federal funds in way in which they go about adding Mr. PALLONE. Probably tomorrow, ways they are not supposed to. more out-of-pocket expenses under but I guess we do not know for sure. Mr. HINCHEY. Absolutely. I served Medicare. Last year when we had the Mr. HINCHEY. Yes. Could be tomor- in the State legislature, and I know Medicare proposal, they were actually row or could be Wednesday. In any State legislatures and governors are increasing the costs of the part B pre- case, what they want to do is take the not embarrassed about trying to use mium, the amount that seniors pay limit off the billing ceilings for health Federal funds in creative ways to solve under Medicare for their physician’s care, and that would expose Medicare their own budgetary problems. care. Those premiums were skyrocket- beneficiaries, the people who are reli- In New York, for example, where the ing over the next 5 or 6 years, and we ant upon Medicare, to pay out of their State still does not have a budget in managed to basically scuttle that be- pockets an additional 40 percent. place, it is months overdue, if they had cause the President said he would not Now, again, what they are trying to the opportunity to manipulate Federal sign it. I guess he actually vetoed the do here is transparent. It is so easy to funds in a way that would allow them bill. see through their motivation. They are to produce a budget easily, without But now what they are trying to do trying to destroy confidence in the pro- them having to do some difficult things in this bill that is going to come to the gram. They think that if somehow they within the context of their own respon- floor tomorrow is essentially say that could get this bill passed, I do not sibility, I believe they would do it and if an individual refuses to join an HMO know how they think they could get it H6104 CONGRESSIONAL RECORD — HOUSE June 10, 1996 passed, I mean the President would ob- percent over the next year. So when left to their own devices, without the viously veto if it ever gets to him, the one thinks about all these extra out-of- resources to handle these situations in Senate probably has more sense than pocket costs for the seniors that would competent ways, what they had to re- to ever take it up, but what they want result, I would assume also that those sort to. And I know that we would be in to do is to establish a new law which Medigap premiums would soar as well, many instances put back into those would require Medicare beneficiaries to because as fewer services were covered, same circumstances. We have to pre- pay, on tap of their copayments and on we would see even a higher cost for vent that and the way we can prevent top of other insurance that they might Medigap. it is by keeping these programs alive have now, under their proposal, an ad- How far can these people go? How far and preventing the opponents of Medi- ditional 40 percent out-of-pocket for can the seniors go? care and Medicaid from having their routine health care procedures. Mr. HINCHEY. Well, there seems to way, preventing them from destroying Now, that is guaranteed to under- be no limit on the temerity of some of these programs, which is precisely mine the public’s confidence in the the majority party in this House and what they want to do. Medicare system and it is precisely their ability to attack Medicare and Mr. PALLONE. I appreciate what the what they want to do. It is clearly Medicaid. gentleman is saying, and I think that their motivation. It is so transparent I know you have talked about Medic- over the next few weeks we will be that anyone, no matter how myopic aid earlier. In my State, and I assume pointing out more and more about how they might be, can see through it. it is probably similar in New Jersey, 80 Medicare and Medicaid are negatively So over and over again they want to percent of the funding in the Medicaid impacted by these Republican propos- destroy this Medicare program in one program in New York goes to pay for als. way or another by cutting the funding the expenses of senior citizens and peo- b 1930 ple with multiple disabilities in nurs- out of it, by pretending the Medicare In many ways, even though we have ing homes or similar settings. trustees report is something it is not, not talked as much, we have talked Mr. PALLONE. Exactly. trying to elicit fear on the part of peo- about it, but there has not been as ple who are depending upon Medicare, Mr. HINCHEY. Obviously, what would happen to the families of those much discussion on the floor about and now by attempting to pass a bill Medicaid. In many cases the changes people if Medicare were changed in the which would provide that doctors can proposed on Medicaid are even more way that they are proposing to change charge almost as much as they want drastic, but I think fewer people will be it, to block grant it, reduce the and elderly people would have to pay 40 covered. The impact on senior citizens amounts of money that is available, percent out-of-pocket. is just as great, as the gentleman said, send what is left in the form of block It is really, I think, scandalous. because so many senior citizens in grants to the States, the States then Mr. PALLONE. I am glad you men- nursing homes or other institutions would have to add on administrative tioned this. I was actually assuming, will no longer be covered or will not costs or take out of that administra- which I see from the document I have, have adequate coverage and will see in- tive costs because now they will have which is similar to yours from this creasing out-of-pocket expenses. Physician’s Payment Review Commis- to run the program and be responsible The same things we talked about for sion, I was assuming that that 40 per- for parts of it. They would have to hire Medicare in terms of the overcharges, cent included the copayment, but that people to do that. They would have to that is also in the Medicaid legislation is actually beyond the copayment. have office space and most of the that the Republicans have proposed. Mr. HINCHEY. Yes. things that would be associated with Those overcharges will not be paid by Mr. PALLONE. So you could have a making additional costs, which would the seniors but will be paid by the fam- 20 percent copayment and then have take money out of the Medicaid pro- ily in many cases. this 40 percent out-of-pocket beyond gram. I thank the gentleman for coming the traditional copayment, which is in- As the gentleman mentioned earlier, down and joining me in discussing this. credible when you think about it. Who there is always the temptation for I know that over the next few weeks we is going to be able to afford that? I State governments, when they have ac- are going to be talking about it more mean, very, very few. cess to Federal funds, to use them in and more, and even though the budget Mr. HINCHEY. Oh, yes. That is ex- what might be called creative ways and comes before the House tomorrow, a actly right. On top of everything else it to spend that money out of the Medic- lot of the details will be worked out in is as much as an additional 40 percent. aid system to help balance a budget or the various committees leading up to So if their bill ever became law, what to do something else for some other reconciliation, as we call it, later this we would have in the case of a senior kind of expenditure in some way. year. So we are going to have to con- citizen who required some surgery of The result of all of that would be far tinue to fight this battle to preserve some kind, say for example, that in an less money available for Medicaid re- Medicare and Medicaid. addition to the payments that would be cipients, elderly people in nursing Mr. HINCHEY. I thank the gen- made through Medicare and whatever homes, people with multiple disabil- tleman. This is one of the most critical additional insurance they might have, ities in nursing homes. I ask myself, subjects we have before this Congress, they would then be faced with the need what would the families of those people and the more light we can shed on to pay thousands of additional dollars do? How would they cope with that? those proposals, the better off the out of their own pocket. And that is How would they manage under those American people will be. They will be just absurd. circumstances? able to make competent decisions Mr. PALLONE. The other thing that I can tell the gentleman in the case based on factual information rather I was thinking about when the gen- of many of the people I know, the fami- than pretend on hysterical statements tleman was talking about this extra lies of people who have elderly parents that we have seen coming out of some out-of-pocket expense is the fact that in nursing homes or who have someone of the people in the House over the last the majority of seniors now are covered in their family who is severely handi- couple of days. by medigap. So they are already buy- capped with a severe physical disabil- Mr. PALLONE. I thank the gen- ing a supplemental insurance policy, in ity as a result of an automobile acci- tleman. many cases called medigap, that covers dent, perhaps, or as a result of a condi- f services and out-of-pocket expenses in tion at birth in some instances, they some cases as well. simply would not be able to deal with CONCERNS FOR AMERICA’S I know that I saw an article in the it. They do not have the financial re- FUTURE New York Times just a few weeks ago sources. The SPEAKER pro tempore. Under that talked about how costs for So people would end up being taken the Speaker’s announced policy of May Medigap supplemental insurance were and put into closets somewhere. We 12, 1995, the gentleman from Indiana going up in our States, the New York have all heard the horror stories that [Mr. SOUDER] is recognized for 60 min- metropolitan area, New York, New Jer- existed prior to the establishment of utes as the designee of the majority sey, and Connecticut, something like 14 Medicare and Medicaid; how people, leader. June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6105 Mr. SOUDER. Mr. Speaker, Saturday And what do we do? We come up with night. I came here to talk about two, was a historic day in America, well, at this excuse and this kind of rhetoric, and they are not directly related but least in Indiana or at least in my and we do not address it. We have all they affect our families and our soci- house, because my daughter graduated this big fuss about whether or not the ety. One is welfare, and the other is from high school and it was a big Republicans were mean-spirited and drug abuse. event. I do not feel like I should have shut down the government because of One of the problems in our society is a daughter graduating from high trying to cut government for senior that we cannot really have freedom un- school. It makes one feel older. It citizens, when in fact our program was less we have personal responsibility. If makes one reflective about when they 75 cents a month different from the people do not exercise personal respon- graduated and what their hopes and President’s program, when in fact the sibility, freedom is gradually eroded. dreams were at that point in life. Ev- President had proposed less growth in Mr. Speaker, I do not think that put- erything seems like it is going to go on Medicare spending than the Repub- ting a policeman on every street corner forever, that the risks are small, that licans did just 2 years before we came and building prisons everywhere is the adventures are great. into office; when in fact the President’s going to solve the problem of crime. I remember my dad gave a plaque to proposal wanted to wait and delay But the people in America and the peo- my band instructor in my little high those changes until after the election. ple in Indiana are not going to stand school in Leo. He thought it was the The ultimate of the problem that we for the inability to walk in their neigh- most hilarious thing, and the band di- came to try to Washington to try to borhood, the inability to go shopping, rector thought it was the most hilar- change, we in the freshman class, yet the inability to talk to their neighbors ious thing, and they posted it up over we just heard an hour about there not without fear of being shot. So they will the band director’s office so that every being a problem in Medicare and whis- demand that we put a policeman in day when we practiced we had to see tling in the dark as the program goes every corner and build more prisons if this sign that said, ‘‘Why can’t all of broke. we have to. Freedom gets eroded. life’s problems come when we are My daughter is being struck with a The same if we do not control the young and know all the answers?’’ I long-term national debt because this pornography and the sexual appetites think that is the way many young peo- government and the people in Washing- in this country. If we have to worry ple feel. ton do not get what the people in whether our daughters and wives and At the same time, we get the sense America do, which is, unless we change our families and single women are con- that many of them are very concerned our behavior and start transferring cerned whether they are going to get about their future as well. I think any some of the power back to Indiana and raped, then we are going to have more parent, and many children, who look at back to the homes and individuals and crime protection and more liberties what is going on around them, wonder businesses and communities where will be restricted. If we do not get con- what is going to happen in the next, 10, they can take control of their lives, my trol of the budget and more and more 20, 30 years. What if the vision on MTV daughter and my sons are going to be money goes to taxes, more liberties actually becomes the complete reality stuck with everybody else’s debt from will be restricted there. With freedom in a few years? What if the attitudes their irresponsible spending and lack of comes responsibility. towards the opposite sex that are re- willingness to gain control of that. I believe that one of the dangers of flected in those music videos, the rape, And, furthermore, as we watch our what this administration is doing is freedoms being eroded, both because of the abuse, the derogatory language to- they talk the conservative talk. When the breakdown of moral values in our wards women, would become the stand- the President was here early this year, society and the breakdown of the will- ard in our society? What if the violence he sounded like the former occupant of ingness of local communities to handle that we see in the movies, and in those my congressional seat, Dan Quayle. He the problems and the general takeover videos, and the talk of suicide that is sounded like somebody who was going by Washington over our lives and our rampant in today’s rock music would to promote family values. decisions and our flexibility, and see become the reality of the society, even He said the era of big government that power come here to Washington, more than it is today? was over. He talked about balancing what type of society is my daughter What if the TV show families, very the budget. In fact, he has gone around going to have? How much freedom is few of which represent the majority of the country running all of these dif- she going to have to maneuver? America, were to become the reality of Are we going to have so killed our ferent ads about what a great conserv- America for my daughter and my two market that we are only going to have ative he is, but the problem is that the sons? The Internet and computers have a few oligopolistic companies or mo- actions do not match. Let us look particularly at welfare. brought an incredible opportunity for nopolistic companies from which to We can have an honest difference in all Americans in the education area. choose for a career? Is it going to be We, on our home computer, to be able such a government that we have no policy as to what the Federal Govern- to tap into the encyclopedias, to be economic growth because the govern- ment should do and what the govern- able to tap into the type of educational ment takes such a huge percentage of ment should do on welfare, but what games and the many things that all of the taxes or runs up the deficit so high really frustrated me, I was a staffer us can go through Internet and other that the interest rates absorb a phe- here on the House side for 4 years and things is miraculous. But on the other nomenal number? on the Senate side for 4 years and 2 hand one can get manuals on how to Unless we somehow change the infla- years in the district, so I have been perform rape and all sorts of pornog- tionary nature of the health care for around. But to be in the middle of it, it raphy right into our house, where we senior citizens from 10 percent down to is really disappointing to see how much have little or no control as a family, more approximating the 2 percent of posturing there is and how little really and some of us can get accidentally the health care growth rate that occurs comes often from the heart. into our house even when we want to in the rest of society, our entire Nation There are honest liberals and honest try to control it. is going to go broke. conservatives, but much of it is just re- In addition to that, what about the Unless we deal with Social Security, election gimmicks, and the rhetoric on incredible national debt that has just 43 percent of my daughter’s income, 43 the House floor gets very disturbing been dumped on my daughter? We just percent, will be going to FICA taxes when we see that. It is one thing if a heard a special order which illustrates within the next 15 years. We have to person says, ‘‘Look, I believe we need a why we cannot get real change in deal with these questions, and we in welfare program, we need to expand America. Medicare is going broke. Washington cannot just keep trying to that welfare program.’’ I believe that They can talk around it as much as excuse it so we can get elected to the we have at least one Member of the they want to talk around it, but the next one and hope we can retire before House who is a member of the Socialist fact is that it is going broke and every we have to deal with it and stock our Party and is open about what he be- report brings its final reckoning day children with it. lieves. One should stand up and say, ‘‘I another year closer in spite of the ad- But these are not even the main con- believe the Federal Government should ministration’s attempts to cover it up. cerns that I want to talk here about to- do this.’’ H6106 CONGRESSIONAL RECORD — HOUSE June 10, 1996 But it is another thing to say, ‘‘I do grams, we have transportation pro- about Medicaid helping seniors, but in not believe the Federal Government grams, we have job training programs. fact a Washington mandate said that should do it,’’ but then, as the Presi- I mean the whole range of those bene- they had to cover drug and alcohol dent does, veto every welfare reform fits. We ought to have a basic point abusers. Part of the reason, in fact a bill that comes to him and try to say that says it is not going to be above major reason why we are giving flexi- in TV commercials that in fact he sup- minimum wage, take the dollar dif- bility to the States on the question of ports welfare reform. ferential and help those who are work- Medicaid is so they can set their stand- We have been trying to do some wel- ing. ards. And in Indiana, there will be fare reform, but quite frankly part of The people who are working should more dollars for low income children the reason we are vulnerable when we be getting the health benefits in the and more dollars for seniors under the do things like oppose the minimum transition, so that each dollar they Republican plan because not every wage—which I opposed not because I make, they get to keep most of it, so drug abuser and everybody who is abus- am not concerned about working fami- that we have the change in the Federal ing alcohol, who I feel very sorry for lies who are trying to make it on a low benefit level being slightly less than them, but there is a little bit of a ques- income, but I am concerned about the the change in what they are earning, so tion here, when working families can- people who are going to be laid off be- there is always an incentive to earn not get health coverage and people who cause of this bill—but part of the rea- more which we do not currently have choose life styles that are self-destruc- son many of my friends in the Repub- in our system. tive can get health coverage, there is lican Party voted for the minimum It seems so eminently logical that we some kind of a mismatch. It is your tax wage bill and why Republicans do not think somewhere along the line some- dollars that are being spent this way. seem to know how to handle the wel- one would try to do this, that instead So my first point, and I will not be- fare issue, is that we have not articu- of rewarding not working we would re- labor this first point any further, is lated a vision for how working families ward working, and we would build that that I think we can generally agree and those people struggling to get out incentive in for the working families that the welfare program, as it cur- of poverty, those people who are work- and try to encourage people to work rently stands, is not working. ing poor and trying to move up to the rather than order them to work. We Let me move to the drug issue. I have next level, we as Republicans have been can continue to try to order people to talked here on the House floor a num- remiss in trying to articulate a vision. work but we also need to encourage ber of times, and my friend from Flor- So, we become vulnerable when some of people to work. ida, JOHN MICA, earlier talked about these controversies occur. We also need to trust more in the this tonight. But in Fort Wayne and in Let me start with a very simple point people back home. Quite frankly, the northeast Indiana we have had a tre- which to me seems so basic, that it is people in Indiana, in fact the people in mendous problem with crack cocaine, amazing that here in Washington we northeast Indiana, know a whole lot in particular, as well as other forms of have to debate it. more about how to deal with the wel- cocaine. We have had a huge increase That simple point is this: I do not be- fare problem than the people here in in LSD, and we have been battling this lieve that anybody on welfare should Washington know how to deal with the problem for longer than most cities. It be making more or have any more problem in northeast Indiana. This is came down from Detroit 12 to 14 years take-home income than somebody generally true but it is not just rhet- ago and has been expanding. working full-time on minimum wage. oric anyone. This mentality of the drug abuse, That seems so simple, does it not? That We have Governors all across this particularly, and it is not just in the, if somebody is working 40 hours a week Nation who have been innovative in while much of the activity is taking for minimum wage, why should some- their attempts to handle the welfare place in the central city of Fort body not working be making more question, whereas Washington has Wayne, those who are abusing it are money through government transfer floundered and been ineffective on the not just those residents there. The peo- payments? welfare question here in Washington. ple from the suburbs and small towns I had in our family business in my We had the President praise the Wis- have come in and they destroy those small town, this has been a number of consin program and he said he would neighborhoods by patronizing the deal- years ago, we had what we called the try to grant them a waiver, and he was ers in those neighborhoods. It has now second spot on one of our delivery a bit stunned when we actually passed started to expand outside of the central trucks. It was an entry level position, a it through the House. We are tired of city of Fort Wayne. It is concentrated turnover slot that paid just slightly the talk; we want to see the walk. We in the central city of Fort Wayne. more than the minimum wage at that passed it through last week and now There that culture of crime and the time. the Wisconsin model can go forward. desire for quick money has—not every I had a college graduate come in case of these have been proven to be b looking for a job, and at that point he 1945 drug related, but they are usually drug was getting welfare benefits and his Furthermore, we heard a little bit abusers and the culture has infected it. wife had a baby. He said that he would more about Medicaid a little bit earlier We see at two different times about a really like to work. He believed that it tonight. Do you know in a Government year apart pizza delivery boys being was the right thing to do to work, but Reform subcommittee that has over- shot for the cash they have on them. in fact he could bring in this many sight of this, what stunned me was, do We had a 13 year old shot by a younger more dollars staying on welfare than you know that in the Medicaid Pro- child. Police Chief Neil Moore in Fort he could working, and would I meet the gram, even though it has been increas- Wayne told me a terrible story about a difference? He said if I came within a ing, the actual dollars to poor children little girl who he found naked in a thousand dollars of the difference he and the actual dollars to the seniors crack house, who had been selling her would take the job, and I did. have been declining. Do you know why? body for rocks of crack cocaine. And There is something wrong with a so- Because this Congress made—not this she was so small that they could fit a, ciety where that is the case. Right particular Congress, but the Congress they cut holes out of a burlap bag to now, depending on your family mix and here in Washington over the last cou- put her arms and legs through and she what State one is in and a few vari- ple years—made people who abuse was selling her body for drugs. ables, somebody on welfare can usually drugs and alcohol eligible for Medicaid. Yet what do we see coming out of get around $15,000. A minimum wage is A tremendous growth in the Medicaid Washington? We see, if you are going more like $10,000. Program was mandated out of Wash- to smoke, do not smoke cigarettes, I would take that differential, and by ington that the State of Indiana and smoke marijuana. I did not inhale. Oh, this I do not mean AFDC. We hear Aid other States, Indiana, for example, did we are going to take the things that we to Families with Dependent Children not cover that, had to absorb the cost are using down there and divert one of as the welfare program. We have hous- of drug and alcohol abusers. the AWACS things up to Alaska to ing programs, we have Medicaid with So we hear rhetoric about Medicaid look for oil spills. We are going to send health care, we have child care pro- helping poor children and rhetoric one over to Bosnia. And relax some of June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6107 the interdiction efforts of the drugs are get out of public sector. Unless we have table deduction. Let me tell you why. I pouring into my home town and around that economic growth we can sit here have seen programs in urban centers this country. and talk and we can play money shuffle around this Nation that have had a And it is not surprising that we have games all we want, but unless that huge impact. Very seldom have they seen an increase in the amount of co- money grows, all we are doing is re- been Government programs. Let me caine coming into America. We have shuffling a deck rather than, as Ken- give you a couple examples. seen an increase in the purity of that nedy and Kemp, would say having a ris- Rev. Lee Earl of Detroit, who is now cocaine coming into America. And we ing tide that lifts all boats. working with Bob Woodson at the Na- have seen a decline in the price. While Then I also agree, I think it was Con- tional Center on Neighborhood Enter- Washington is talking and posturing in gressman RANGEL who has said that we prise, at one conference where they had other ways, we have been drowning. also have to worry about those boats grass roots activists, foundations, peo- And we have reversed, instead of going that got stuck on the shoals. In other ple from the government, he was get- down as we were for years in drug words, while a rising tide might lift ting this pitch about why religious abuse, we are going back up. Instead of most boats, some do not lift. And I am groups should not have any access to young people going down in their ap- not going to argue that there should the funds. proval of marijuana and cocaine, it has not be a minimal safety net. He said, let me tell you, and this is a gone back up. We are inundated again In think, as Nicholas Eberstat has ar- paraphrase, I do not want to pull all when you to go the mall, it feels like I gued in an eloquent paper that I heard these words in Lee’s mouth, but the am back in the late 1960’s again. You him present a number of years ago, paraphrase is this. He said, my church see marijuana leaves on hats and on there is a difference between destitu- operates a child care center. My church shirts and on the front of album covers. tion and poverty. Poverty is a relative does job training. We have housing. We All of a sudden we are back in a drug term. You will never get rid of poverty. do drug rehab. We do all these different culture. But destitution is an absolute term. things, and we are having an impact on I was fortunate enough to go with Nobody should freeze; nobody should the city. Yet what I see out of the Fed- Congressmen HASTERT and ZELIFF and die of hunger; nobody should not have eral Government, talking to HUD in MICA down to Mexico and Central some sort of a roof over their heads. particular, are housing projects that America and South America. And we They do not necessarily need a color are crumbling, drug treatment pro- met with the leaders of those countries TV. They do not necessarily need indi- grams that do not work, job training vidual private rooms for each of the and were saying that they needed to programs that do not work, and I see kids. There is a standard here. But we crack down on the cocaine and the coca the whole range of failed programs. Yet ought to have the decency to say there leaves and the coca growing and all the you tell me that unless I do it your is going to be a minimal safety net in transit into America. But do you know way we do not get access to the funds. what else they said, they said, your ap- society. Part of the problem here is that I, Furthermore, for those people who petite for drugs in America is also de- like many Americans, am nervous want to move up, for those people who stroying our countries. And while they about who might get the dollars if you want to work, we need some job train- need to work harder at interdiction ef- do it through the regular Government ing programs. I differ from some of my forts, we also need to realize that we Republican colleagues, I think we have transfer programs. are not just destroying America, we Let me give you another problem a lot of problems with affirmative ac- are destroying the countries who want with the Government transfer pro- tion, but I believe affirmative action that money that our abuse and insatia- grams. I just spoke at the Abundant has played an important role. And I be- ble demand for drugs is causing. Life Ministries, a jail ministry pro- lieve it would be a mistake to suddenly When we look at this soaring drug gram, about 2 weeks ago. They have eliminate all these programs. and alcohol abuse in our society and I also believe in certain things we turned down a big Government grant. the terrorism that it is causing in our need reach out efforts to reach out to They have been tremendously effec- neighborhoods and when you go in, particular minority communities often tive. I have met with a couple of indi- have I visited a number of African- who felt disenfranchised in society and viduals who have been through 13 dif- American schools in inner city Fort when all of a sudden you say here is an ferent drug treatment programs and Wayne. One thing that always strikes opportunity does not mean they nec- they know how to beat every system. me is almost every student there will essarily rise up. They may have faced But when they gave their life to Jesus have some story about how they are past discrimination. They may have Christ they changed. And Abundant scared to go out at night, how a cousin faced past persecution, or they may Life Ministries can get the Government was shot, how somebody was going simply not have had the family expo- money to help more people like them through the neighborhood and got shot, sure around them to see how to cap- as long as they do not mention Jesus that their lives are filled with terror italize on those opportunities. I do not Christ. As long as they take out the because we are refusing to grapple with believe it is inappropriate for Govern- components that works, they can have this problem in America. ment to sometimes help give a hand the money. So drug abuse is a big problem. So up. But the goal needs to be how do we Now, this is going to be the way the what are we going to do? Well, the first move somebody with the hand up. How Government operates. So one of the thing is we need growth and oppor- do we move them into the workplace? things we need to do—let me give you tunity. Yes, that means one of the How do we make them productive citi- another example. There is a teen preg- things we need is tax cuts. I know that zens? How do they become full and par- nancy program in northeast Indiana that just drives the other side of the ticipating members of society, not to operated by a Christian organization aisle crazy, but it works. And we need breed the dependence which the cur- that just got a grant. They can only various types, both in the general soci- rent government programs have large- talk about teen pregnancy if they do ety so there is economic growth, also ly done. not mention anything about religious in the urban areas and places where un- Furthermore, I believe that we need in the teen pregnancy. Excuse me? employment is high. That is not my to look at some of the innovative pro- If this is going to be the way the focus tonight. But tax cuts do work. If posals that have been put out. I am a Government grants programs work, we the Government sucks all the dollars cosponsor of Congressman TALENT of need to make sure that more of the here to Washington and does not turn Missouri and Congressman WATTS of dollars get into the private sector it into industries where you have high Oklahoma’s different package to pro- where they are actually having an im- productivity rates, where you have a mote urban opportunity. I also, my pact. high velocity of the money, to use the former boss in the U.S. Senate, DAN In San Antonio alone, with Juan Riv- business term sense, I have both an un- COATS, has an initiative to do that. I ers and Freddie Garcia’s program down dergraduate business degree and a mas- think we should encourage and the there, I personally met over 200 addicts ter’s degree and velocity of money is party should encourage those. and dealers who have now become one of the key things that you can get I myself have pushed the charitable Christians, who are back in their com- out of private sector that you do not deduction, an increase in the chari- munities, who have been working and H6108 CONGRESSIONAL RECORD — HOUSE June 10, 1996 having an impact on drug abuse. Yet this man before he entered his mother’s Another friend of mine, Shirley the department of alcohol and mental womb? I tell ya it was ‘‘Faith!’’ For March of Woods, has started a center right in health in Texas for awhile was consid- 1989, Rev. & Angela took leave of their home, the middle of an area. There are five accepted the Greater Progressive Baptist different crack houses in the imme- ering shutting them down because they Family, stepped out on Faith and told their do not have degrees. They are not li- God, ‘‘Send me, I’ll go,’’ and left their Com- diate vicinity of where she started this censed drug counselors. fort Zone behind them. neighborhood center for Saturdays and Do you know what? The magic of this ‘‘THE EVIDENCE OF THINGS NOT SEEN’’ afternoons after school and in the sum- is they were not doing drug counseling. Evidence is the Proof of a Pastor’s Faith. mer, and it is not just an activities They were changing people’s lives. Let me give you a little documentation and center for the kids. She also has some When people’s lives changed, they got you can determine the truth. When Pastor educational training and family train- rid of drugs. arrived, if you joined one of the four Auxil- ing programs with the families and try- We need to figure out how we balance iaries you were guaranteed to automatically ing to work with the virtues and the the rights of individuals not to fund become an officer. Now we grown spiritually things that families need to rehabili- from skeletal Auxiliaries to full scale Min- tate their families. churches on the other side and at the istries. We’ve got an up-front discipled Dea- same time get money into the hands of There are just a few. Another pro- con Brd., a unified Trustee Brd., morning & gram in Fort Wayne at the Cooper programs that are actually working. night Bible Study & Prayer Meetings. I re- In my home district, for example, member when our one choir consisted of the Teen Center, they have been out here a Rev. Ternae Jordan’s son was at a Nelson & Trice families with 5 or 6 others couple times to visit with me. Andre music lesson at a local YMCA. He was mixed in, now God has blessed us to have a Patterson and Carl Johnson have a pro- sitting on the couch out by the door full choirstand of children’s choir, a dynamic gram, Simba, of black pride and self-es- and was shot in the back of the head by young adult choir, a 30 & over Generation teem with these kids and giving them choir a full Mass Choir. We got Pam, 2 Dres, two kids who were shooting outside. training skills. Tony, 2 Pianists, Gor’don and Sheila all in There is hope. I have been into New- The whole city was traumatized by the the same House. I’m talking about Faith & ark, South Bronx, I have been in the event. The son recovered, but it led to Evidence now. center of, just after the riots in LA, Reverend Jordan starting a program The Lord has blessed us with CWF, a into San Antonio, inner city Chicago, called Stop the Madness, trying to Brotherhood Men’s Support Group and some of the toughest housing projects, crack down and encourage neighbor- Promisekeepers. We had an old organ and ragged mikes, now we got high tech equip- as well as in a rural area in Appalachia hood groups to work on the drug pro- ment and state of the art sound room. Some- for multiple days, that everywhere you gram. times we couldn’t even make payroll or pay go, even where it seems most dismal, Mr. Speaker, recently I was privi- our bills and God has given us financial in- somebody is having an impact. leged to attend the seventh anniver- crease thru tithing members. Seven years There are these little flower gardens sary celebration at the Greater Pro- ago, if you came to Church at 12:30 p.m. you in the middle of the toughest area gressive Baptist Church in Fort Wayne, could pick & choose your own ‘‘Praying where people are having an impact. ground’’ now it’s standing room only by 11:00 IN honoring Rev. Ternae Jordan. Pas- What we need to do in America is fig- tor Jordan has been a leader in Fort a.m. We got Birthing of a Vision and Stop the Madness now has nationwide video pres- ure out how to encourage those little Wayne in many ways, not the least entations. gardens, how to give them the funds being through his antidrug organiza- We’ve got an intergrated Congregation and and encourage people to give them the tion, Stop the Madness. I particularly we participated in inter-racial Church funds so that they grow. Fellowhips. Pastor Jordan is a Jefferson enjoyed this eloquent tribute by Cheryl b Story, which I now include in the Community Service Award winner, the 2000 RECORD. NAACP’s Golden Anniversary Man of the Rather than stomping them out Year and everybody else’s Man of the Year. through massive government from im- NOW, LET’S TALK ABOUT THE PASTOR Certainly God has ordered the Steps of Rev. (By Cheryl Story) plying to America that the solution to Ternae Tsgarias Jordan and We’ve Come America’s problems is the Federal Gov- As a Pastor, Rev. Jordan, along with An- This Far by Faith! ernment, or any government really, gela, must not only have Faith, (belief with- Also in addition to the Stop the Mad- out proof, but they must have Hope: Desire that it can be a supplement, it can be ness program in Fort Wayne, I just vis- a time to be there when you are in joined with expectation, the opposite of ited a couple of weeks ago with Rev. doubt with an anticipated promise of ex- great need, it can give a stimulus and pected benefits and blessings.) Jesse White and his daughter’s wonder- some training. But it is not the ulti- Now Rev. Jordan’s substance material is ful computer program. Rather than mate answer to our problems. ordained by God. Therefore, regardless of the just talk about the problems, Rev. That is the vision that we Repub- magnitude of the metamorphosis of his phys- John Perkins from Pasadena, CA, said licans are trying to communicate, that iological structure, that is whether he gets too many people get their satisfaction the answers to America lie in people’s old, his hair turn gray, if his teeth fall out, from feeling good about talking about heart, they lie in the families, they lie whether he gets ugly or remains handsome, the problems rather than doing some- Ternae Sr.’s substance will not change. It in the communities, they lie in the thing about the problems. local governments, and only then to does not matter how much he accomplishes Reverend White has a computer pro- and achieves in this life or how many mis- Washington, and hopefully we can ac- takes he makes, how much good he does or gram where people come back, get the complish that, and we will continue to how many lies you tell on him, his substance training and then either get a job or try to communicate that message, and remains the same for he will always be a move up in their jobs because they I thank the people in northeast Indiana Preacher and a Pastor. have the skills with which to work in for giving me the chance and for hav- The Pastor is on duty 24 hrs. Day & Night. the job market. ing so many of us here who share these He polices the Community, he provides as- It is one thing to whine about stuff; views, and hopefully for my daughter sistance/comfort to those in need. He must it is another thing to do it. People like who just graduated and for my sons be an Educational Instructor, Therapist/ their church and their program need to who are still coming up, that they can Counselor, Philosopher/Psychiatrist, Medi- be encouraged, as another pastor in ator, some folk’s 1st Attorney, a Marriage look at America with hope and with Officiator, a Funeral Eulogist, a Sick Room Fort Wayne, who is a friend of mine, opportunity rather than the type of Specialist and a Dying Hour Confidant. Rev. Otha Aden has a similar program America that we can see on MTV and The Pastor must be a Persuaded Preacher, in the southeast side of Fort Wayne the type of pessimism I fear we are for he is a Salvation Salesman, a Paradise working with kids in the after school going to have if we fall back into the Pusher, a Jesus Junkie, a gansta for God, a southside opportunities program where trap of the deficit spending in the col- Jehovah Witness, your best friend and sa- he, too, has working with local busi- lapse of the families and morality. tan’s worse enemy. For Faith can and will nesses, has computers there and is try- f move Mountains. ing to promote among the young peo- What is it that turns an ordinary man into CHURCH BURNINGS an Addictive Apostle who is obviously strung ple in that hard hit area the impor- out on a Jesus, who hung out on a Hill, who tance of getting the training so that The SPEAKER pro tempore. Under a sends us a comforter, who calls himself The they can be important factors in the previous order of the House, the gen- Holy Ghost, that runs with a Spirit that growth of Fort Wayne and in their tleman from Louisiana [Mr. FIELDS] is spoke Himself into being GOD, who ordained neighborhoods and their families. recognized for 60 minutes. June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6109 Mr. FIELDS of Louisiana. Mr. Speak- church was set afire on last night in and perhaps he will join us in this col- er, Members of the House, tonight I am the State of Texas. loquy later tonight. joined by my colleague, the gentleman In the State of Alabama, Mr. Speak- The State of Tennessee had a total of from Illinois [Mr. JACKSON], who will er, there are a total of 5 churches that six burnings. January 13, 1995, Johnson also talk about an issue that we both were burned. On December 22, 1995, Grove Baptist Church in Denmark and have a great deal of compassion about Mount Zion Baptist Church, which is Macedonia Baptist Church in Crockett as well as other Members of this Con- an African-American church, was County; they both burned the same gress who will join us later to talk burned in that particular State. On night, on the 13th of January. On Janu- about an issue that we are somewhat January 11, 1996, Little Mount Zion ary 31, 1995, Mount Calvary Baptist complexed about because of the Baptist Church in Green County was Church was burned, and on December amount of church burnings across set afire. On that same day Mount Zoar 30, 1995, Selma Baptist Church in Fruit- America, particularly in the southern Baptist church in Green County was land was burned, and on January 8, part of our country. So tonight, Mr. set afire. In both of these cases or both 1996, Inner City Church in Knoxville Speaker and Members of the House, we of these churches, the ATF agents have was burned to the ground, and on May would like to take the remainder of already ruled that arson was the cause 14, 1996, Mount Pleasant Baptist this hour to talk about the church of these fires. On February 28, 1996, Church, which is being investigated at burnings across the southern part of New Liberty Baptist Church in Tyler this point, is still under investigation, the country. was set afire, and on March 25, 1996, and they have not yet ruled this church Mr. Speaker, over 63 churches over Missionary Baptist Church in Selma. A to be a church that was burned by the past 5 years were burned. All of total of five churches in the State of arson. these were African-American churches; Alabama have been burned since De- And last, the State of Texas, on June 20 of those cases have been solved at cember 22, 1995, to this present day. 6, 1996, New Lighthouse of Prayer in this point. And before I go any further, In the State of Georgia there was one Greenville. I would like to commend the Justice case of arson. On March 27, 1996, Gay’s And a Church of Living God was Department, who has been working ex- Hill Baptist Church in Millen was burned in Virginia on February 21, 1996; traordinarily hard in trying to bring a burned. Glorious Church of God and Christ in resolution to the many recent church And in Louisiana, my State and my Richmond was burned. burnings across the country, and in own district, we have had over five The gentleman from Illinois [Mr. particular I want to commend Deval church burnings. One was Saint JACKSON], we have talked about what Patrick, who is the Assistant Attorney Charles Baptist Church, which was the could we do as Members of Congress to General for Civil Rights. That depart- fifth church that was burned, and that try to assist in stopping this avalanche ment has been working profusely night was burned on April 11, 1996, which is of church burnings across the southern and day to try to ascertain as much in- the most recent burning in the State of part of our country, and we were happy formation as possible as relates to Louisiana. On February 1, 1996, Cyprus to learn that the ATF decided to pub- these burnings, and I would like to Grove Baptist Church in East Baton licize a 1–800 number, so we urge Mem- commend him and his staff for all the Rouge Parish was set afire, and Saint bers of this Congress to please inform work that they are doing, and I would Paul Free Baptist Church in East their constituencies of the 1–800 num- like to also commend him for the sup- Baton Rouge Parish and Sweet Home ber that their constituents can take port that he has given to legislation to Baptist Church in Baker, which is adja- advantage of if they know of any infor- make penalties much more tougher and cent to East Baton Rouge Parish, and mation whatsoever about any of these bring people to justice much quicker. St.Thomas Chapel Benevolent Society church burnings, and I am told that And he will be on the Hill tomorrow, as in East Baton Rouge Parish. All four of toll free number is 800–ATF–FIRE, I appreciate it, trying to convince the these churches, Mr. Speaker and Mem- which is a 24-hour a day, 7-day-a-week Committee on the Judiciary to pass bers of the House, were set afire the number where any citizen in this coun- legislation in that regard. same night, and on April 11, 1996, as I try who has any information whatso- I would also like to commend Jim stated earlier, Saint Charles Baptist ever about church burnings in America Johnson, who is with the Department church was set afire as well. can, in fact, call this number, and of the Treasury, who is the Assistant In the State of Mississippi we have agents will respond. Secretary for Enforcement. They are identified two to three cases of arson. We feel that this country should have working night and day to try to get as On March 5, 1996, St. Paul Church was zero tolerance for anyone who would much information as possible as relates burned, and on March 30, 1996, El have the audacity and the gall to burn to the church burnings, and he has Bethal Church was burned. anything, but particularly, particu- worked relentlessly in trying to obtain And in North Carolina there were larly, a church. For a person to light a as much information as possible; and, four incidents. One that comes to mind match to a place of worship in this of course, the personnel over at the en- the quickest was the 93-year-old wood- country shows no respect, first of all, tire division, Janet Reno, who on yes- en sanctuary that was once used by the to himself, to the individual who terday and on today met with many of congregation of Matthews-Murkland, chooses to do it, and certainly does not the pastors of the churches that were which was a Presbyterian church, and show any respect to human life. And burned from across the South, and I ap- that was in Charlotte, North Carolina, we are committed to work with the preciate her compassion and the dili- and that church was burned on June 7, Justice Department, the ATF, and the gence she has shown in trying to bring which was the most recent burning in FBI, and all of the investigative agen- people who are the perpetrators of 1996. cies. As Members of Congress, we are these crimes to justice. And in South Carolina there were committed to supporting this effort so The President should be commended five churches. Mount Zion AME Church that we can bring it to some conclu- as well for his commitment to expend- was burned, and on August 15, 1995, St. sion. ing as much resources as possible John Baptist Church; June 22, 1995, And this is a bipartisan effort, both through this administration to ascer- Macedonia Baptist Church; and April Democrats and Republicans. We all tain any information that is possible to 13, 1996, Rosemary Baptist Church. Fi- agree that there should not, none of us, bring these senseless burnings to an nally, on April 26, 1996, another Baptist have any tolerance for individuals who end. church was burned in the State of would burn a place of worship. We Mr. Speaker and Members, I would South Carolina, and the gentleman started this coalition with the blue dog like to share with the Members of the from South Carolina [Mr. CLYBURN], Democrats, as a matter of fact, about 3 House very briefly the most recent who had worked profusely on this and months ago when these church burn- churches that were burned across the also in the CBC to inform Members of ings first started to set some type of country. I mentioned that there was 63 these church burnings, has been work- pattern across the southern part of our in the past 5 years, 20 of those cases un- ing very hard with ATF and with the country, and then that coalition ex- resolved, and I think as of last night 21 FBI and the Justice Department to try panded, of course, to the entire Con- because a fire was, as I appreciate it, a to get as much information as possible, gress. H6110 CONGRESSIONAL RECORD — HOUSE June 10, 1996 So I am thankful to all of the Mem- 1960’s. While others have indicated that lenge perpetrators of church-burnings bers who have been participating in while those in white sheets have his- and synagogue defacings in our Nation. briefings on church burnings, and I am torically been burning churches, we are I think what is probably most instru- very thankful to the Justice Depart- now living in a climate where those in mental when we look at church-burn- ment and the administration for their blue suits are legislating against the ings in our Nation is that while we are zero-tolerance attitude for this type of civil rights of many Americans, and living in a climate and in an environ- behavior and action across the coun- also those in black robes are indeed ment where there are those who would try. passing down judicial decrees that are say that race is still not a factor in At this time I am going to yield to severely restricting the principles of American life, while we are hearing my colleague from Illinois, Mr. JACK- equal protection under the law. more decrees from the court that are SON. When we look at what has taken certainly suggesting that the court Mr. JACKSON of Illinois. Mr. Speak- place in this Nation since 1990, 57 should be going in a direction of color- er, let me thank the distinguished gen- houses of worship have been destroyed blindness. tleman from Louisiana [Mr. FIELDS] for as a result of fire and vandalism in 15 There is one thing that is clear about allowing me the opportunity to partici- States. Only 13 cases have been suc- American history, and that is that race pate this evening in this special order. cessfully prosecuted and closed. A total is really not a side issue. It is not an I certainly want to join my colleagues of 30 incidents have been reported thus addendum to American history. It is along with the gentleman from Louisi- far in 1996 alone. Since 1986, there have central to the entire history of our Na- ana [Mr. FIELDS] and the gentleman been reports of suspicious fires almost tion from a constitutional perspective: from Illinois [Mr. HYDE] from the other ever year. Most blazes occurred in three-fifths human voting status, arti- side of the aisle, and the gentlewoman rural, isolated areas where water had cle 1, section 2 of the constitution; the from North Carolina [Mrs. CLAYTON], to be transported to the site by volun- ‘‘such persons’’ clause, article 1, sec- the gentleman from Georgia [Mr. teer companies. tion 9; the persons held to service or LEWIS], members of the Congressional In eight of the cases, where arrests labor clause, article 4, section 2, para- Black Caucus, members of the progres- have been made, perpetrators have graph 3; article 5, prohibiting any sive caucus in this Congress, in con- been white. One was even a fireman. amendment of the slave trade and cap- demning those who are burning church- Seventeen fires were set during black italization tax clauses before the year es, defacing synagogues in our Nation, history month or other important civil 1808. and certainly congratulate those who rights anniversaries, such as Martin It was William Lloyd Garrison and are seeking to bring the perpetrators Luther King, Jr.’s assassination; the his liberator who condemned the Con- to justice. march across the Edmond Pettis stitution at that time as a covenant Attorney General Janet Reno has Bridge in Selma, AL in the month of with death and in agreement with hell. been working diligently along with March; or near the time the Martin Lu- It is only because of constitutional Deval Patrick, along with the members ther King, Jr. Holiday is celebrated. amendments, amendments that ended of the FBI and the ATF, to bring these The States that have been hardest slavery, that guaranteed the right to perpetrators to justice. It is my under- hit are Tennessee with eight churches, vote, that subsequently established the standing, after having talked with Mr. Louisiana with five churches, Alabama principles of equal protection under the Patrick, that this is one of the largest with five churches, and in Louisiana, law for all Americans, that the Con- civil rights investigations that has four of the five churches were torched stitution has indeed endured. ever taken place in our Nation’s his- on February 1, 1996, in East Baton Look at our Nation’s Capitol. Even tory. Rouge Parish. I believe the gentleman the location of our Nation’s Capital, it I am hoping that the distinguished from Louisiana represents this parish. was determined, should be the by-prod- gentleman from Louisiana, after I read The interesting thing about February uct of a compromise made at the time a brief history of church burnings in 1, 1996 is that it is the anniversary of the Congress was in Philadelphia. The our Nation, put them in some particu- the Greensboro sit-in’s, where students Congress of the United States is pres- lar context, will certainly join me in a from North Carolina A&T State Uni- ently located between Maryland and colloquy about church burnings and versity—my alma mater in 1960— Virginia, the compromise between a what it is that we can do to bring an fought for public accommodations. Of free State, Maryland, and that of slave end to this climate. the Louisiana churches—Cyprus Grove State, Virginia. Look at the number of There are those who have said in the Baptist Church, St. Paul’s Free Baptist States that were entered into the civil rights community that this is not Church, Sweet Home Baptist Church, Union on the issue of race. Slave and only an indication of the climate and Thomas Chapel Benevolent society—all free States were admitted together to the times that we find ourselves in, but four were located within a 6-mile ra- keep balance in this institution be- that there is indeed a conspiracy, if not dius of each other. The St. Charles tween those who were interested in a conspiracy of individuals who have Baptist Church, the fifth church, was abolishing the institution of slavery met on this subject, certainly a con- burned on April 11, 1996 in and those who wanted to keep it. spiracy of culture. Paincourtville, Louisiana and citizens, I raise these particular concerns be- again, who are concerned should know cause when we look at the Tilden- b 2015 that that number is 888–ATF–FIRE. If Hayes Compromise of 1877, when a If there can be said to be a bright there is any information that you can Democratic President was subse- side about these incidents, it is that provide and that Members of Congress quently elected, and by and large a blacks and whites, Christians, Jews, can provide through their networks to conservative court ran the Supreme Protestants, and Catholics, the Rain- alert the proper authorities about Court of the United States, there was bow Coalition and the Christian Coali- these church burnings, they certainly an assumption about the progress that tion have united against these acts and should do that. many minorities in our Nation began they have come together calling for I want to put this in a particular his- making after 1863. Twenty-two African- more Federal resources to go into the torical context, which I think is cer- Americans served in this institution as investigative efforts to bring the per- tainly appropriate for these times. I a result of the Emancipation Procla- petrators to justice. wanted to do a little research before mation. Beyond that, 131 historically Mr. Speaker, some in the civil rights commenting further on the climate black colleagues were also founded. community have referred to this form within which churches have histori- But once the Tilden-Hayes com- of church-burning as cultural conspir- cally burned in this Nation. Before I go promise took place, when Democrats acy, a cultural conspiracy that toler- any further, I certainly want to com- and Republicans, two parties with one ates, if you will, a kind of racism. The mend the gentlewoman from North assumption at that time—to stop the fires have drawn the attention of Carolina, Mrs. EVA CLAYTON, for the progress that African-Americans and rights’ groups because of the historical legislation that she is sponsoring, other minorities were making in our legacy of black churches being repeat- along with other Members of Congress Nation so quickly—they withdrew edly burned during the 1950’s and the who are sponsoring legislation to chal- troops from the South that is, they June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6111 withdrew Federal protection from the to become the President of the United Americans, along with African-Ameri- South, and as a result, the Klan, the States. cans, Latinos, and others, are indeed Ku Klux Klan, those Knights of the Ku In 1996 what are the issues that are reacting to this climate. Klux Klan became more evident. Be- quickly approaching the election sea- One of the things we must do is rise yond that, churches began to burn at son? Affirmative action, a big issue in above it. They take their cues from us. unparalleled rates. California, the CCRI, California Civil If they see us on this floor race-baiting So in 1996, when we look at the par- Rights Initiative; welfare reform. We and using cold words and cold language allels between what took place in 1896 have taken care of many of the sub- to accomplish short-term political with Plessy versus Ferguson and deci- stantive issues, but what is left are ends, if they see us doing it at the na- sions that are coming out of our Court those issues that exacerbate those ra- tional Presidential level, if they see us in 1996, we are certainly looking at a cial fears and racial tension. My appeal doing it in the U.S. Senate, the by- climate where we are withdrawing in this climate to both parties to help product is certainly intolerance that some of the principles that indeed avert this whole notion of a cultural takes place within our communities, fought historically against these acts, conspiracy would be that we rise above which no freestanding and no uplifting acts against church burning, acts racial politics in 1996 and do what is in human being should absolutely toler- against racial hatred in the South. the best interests of the American peo- ate. So I would certainly put in that con- ple. Mr. FIELDS of Louisiana. I thank text a challenge to both Democrats and Mr. FIELDS of Louisiana. Mr. Speak- the gentleman, Mr. Speaker. That Republicans on both sides of the aisle er, I think I hear what the gentleman leads me to the point of legislation. as we try and find creative solutions to is saying. The gentleman is saying, as The gentleman spoke of the legislation resolving this particular crisis. We I appreciate it, that we as public offi- that was introduced by the gentle- must, when they talk about cultural cials who are looked upon on a day-to- woman from North Carolina [Mrs. conspiracy, and I have heard several day basis for leadership, be it in our CLAYTON] and also to legislation that civil rights leaders refer to this as a own districts or be it throughout the was introduced by the gentleman from cultural conspiracy. country, we have to be, first of all, Michigan [Mr. CONYERS] and the gen- What do they mean when they say more tolerant of each other, and we tleman from Illinois [Mr. HYDE] as a cultural conspiracy? I am the gen- must also realize that we have to lead matter of fact. I am a coauthor of tleman from the south side of Chicago. by example and try to talk about con- those pieces of legislation, and will be I am a big Chicago Bulls fan. Everyone centrating more on those things that fighting profusely to pass those pieces in the Congress certainly knows that. I bring us together than to put so much on this floor, and to even make them do believe that Michael Jordan and emphasis on those things that may di- stronger, because in listening to the Scotty Pippin of the Chicago Bulls will vide us. President’s address on Saturday, I do win a championship and bring it home I think the gentleman is correct. agree with the President. This legisla- to Chicago. Many times, all too often people in tion not only needs to be supported by When Michael Jordan shoots a 3- public life, people who run for office Members of Congress but it also needs point shot, I say to the gentleman from use issues as a wedge rather than a to be strengthened. I am going to be Louisiana [Mr. FIELDS], he manages to magnet to bring people together, but a working with members of this body to shoot that shot from the 3-point line, wedge to divide. I do not know if this is strengthen this legislation. and wherever he is, Jesse, Junior, in what we get, the church-burning is a I agree with you, we need more than Chicago jumps up excited because Mi- result of what we get as a result of di- legislation, because we have heard chael Jordan just made a basket. But viding and not healing and bringing time and time again, one cannot legis- guess what? Michael Jordan fans in Los people together. I do not know if that late morality. We need more than Angeles also jump up and shout. Mi- is the reason or not. tougher laws on the books. We need chael Jordan fans in Dallas and Mi- But I do think the gentleman cer- more than a good speech from an indi- chael Jordan fans in Florida, Michael tainly makes a very compelling argu- vidual or a group of individuals. We Jordan fans all across our country and ment in that respect. It goes to show need positive action. I think that just indeed Michael Jordan fans around our you that people do in fact, if that is seeing Democrats and Republicans world, they jump up, a kind of conspir- one of the by-products of division in come together on legislation to prevent acy, if you will, for Michael Jordan, be- this Congress, division in government, further harm to churches or to try to cause he represents the common de- if one of the by-products is somebody show some attention, bring some at- nominator through which all of us re- going to go put a match to a church, tention on a very serious problem is a late, many of us relate to the Chicago then we have to be very careful in good indication that we can in fact Bulls. terms of how we lead and govern. work together. When we talk about cultural conspir- Mr. JACKSON of Illinois. If the gen- But all too often we do it later, rath- acies with respect to church burnings, tleman will continue to yield, Mr. er than sooner, and I think you are when politicians fan race hatred, fan Speaker, can we indeed separate right, we have too much race-baiting, the fears of racial animosity within our church-burnings from the blowing up of for lack of a better word, in this coun- Nation at the top, they create a kind of a Federal building in Oklahoma, anti- try. It is not only in the Congress, it is cultural conspiracy. In 1964, in reaction Federal Government; the Government in State legislatures. Now there is af- to Brown versus The Board of Edu- is too large, the Government is the firmative action, a thing that was cre- cation, Goldwater ran his campaign source of our problem? Can we indeed ated by people, legislators who thought talking about States’ rights. It was a separate church-burnings from the and who felt a genuine need in their way of saying that States had a way Freemen’s movement and militias on heart and mind and in their soul to under the equal protection clause of the rise across our Nation, those who bring people together and to give indi- the Constitution of the United States. are declaring that their individual viduals who have been discriminated In 1968, in response to the 1967 and plots of land are not part of the United against for years and years an oppor- 1968 riots, Nixon ran his campaign on States? tunity, no a guarantee but a mere op- law and order. In 1972 Wallace ran his I am suggesting that there is a cul- portunity to be treated fair. campaign in reaction to integration on tural conspiracy that is much broader busing. In 1976, even Carter, a Demo- than just the churches. We are living in b crat, ran his campaign and announced a very dangerous climate where we are 2030 his candidacy from Georgia, gave a not only burning churches but we are That thing we call affirmative action speech in Indiana, talking about ethnic also burning opportunity, and while we is now a racial buzz word, and people purity; a Democrat. In 1980 Reagan are burning opportunities not only for use it to divide people instead of bring- talked about welfare queens, and in African-Americans and Latino-Ameri- ing people together, and I think that is 1988 it was Bush who used Willy Hor- cans, we are also burning opportunities unfortunate. But the gentleman is ton, and even our own President, in in large numbers for poor white Ameri- right, we have to lead by example. If 1992, who used Sister Soljah in his bid cans, and many of those poor white we want racial harmony in our society H6112 CONGRESSIONAL RECORD — HOUSE June 10, 1996 and in our country, then the best ex- and in States around our Nation have they never get an opportunity to even ample is the one that we make our- been businesses owned by white bid. selves, and it is not only on this floor women. So affirmative action is not two par- but throughout our daily lives. But why is affirmative action so im- allel lines where we take somebody Mr. JACKSON of Illinois. One of the portant? Yes, white women have been who is not qualified and elevate them things I did when I ran for Congress in discriminated against, African-Ameri- to the level of somebody who is. It is the Second Congressional District of Il- cans have been discriminated against, instead a circle where everybody with- linois is I indicated I would rather lose and there is a legacy of ongoing dis- in the circle, one of the prerequisites my race right rather than win it crimination that still takes place with- that one must have in order to get into wrong, that I did not want to come to in our Nation. the circle are qualifications. A person Congress at anyone else’s expense. The example that I use so regularly has to be qualified to get into the cir- In the Second Congressional District across our country is this. When we cle. I ran against some very formidable op- look to find qualified basketball play- The only problem is, but for affirma- ponents, but one of the things I did not ers to play at any Big 10 or Division I tive action, many qualified people want to do was destroy their reputa- basketball school in our country, we go within that circle would never get an tions or their character just so that all over the country. We have boosters opportunity to compete. People do not JESSE Jr. could serve in this body. I who write the coach and say, ‘‘Coach, get jobs because of affirmative action. knew I was young enough, had the en- listen, there is a 7-foot-4 basketball Women do not get jobs because of af- ergy enough to run every time until I player here in our local township who firmative action, blacks, Hispanics, won, with the ability to build the con- can play basketball. Why don’t you Latinos. They get jobs because they sensus that was necessary to provide give them an opportunity, give them a are qualified. They only get an oppor- the kind of hope for the people of my tryout, send them a letter or try and tunity to compete. district. get them to sign a letter of intent?’’ I want to also mention a meeting I say that to put it in any context. So we go all over the country, pri- that I had today. We started the spe- When we hear Presidential candidates marily because we have an institution cial order off talking about the church who run for political office and on the in place called boosters to provide in- burning and now the byproducts of it. I one hand they equate the song ‘‘We formation for coaches, and that is why met with the ministers from my dis- Shall Overcome’’ with whistling we find so many prominent African- trict. About four of them were in my ‘‘Dixie,’’ there is no difference, a Presi- Americans playing basketball in Divi- office today, after meeting with the dential candidate said, between ‘‘We sion I schools. Justice Department, and it is amazing, Shall Overcome’’ and whistling The problem is this: When it comes I guess it is not really amazing but it ‘‘Dixie,’’ they are both freedom move- around to finding qualified African- is encouraging, which is a better word, ments. Americans who can teach or qualified to see these ministers who have had Well, if whistling ‘‘Dixie,’’ protecting women who can teach, qualified Afri- their churches burned to the ground, the Confederacy, is part of a freedom can-American female, Latino and not lose faith. movement and ‘‘We Shall Overcome’’ Asian-American administrators at One of the ministers when asked by, can be equated, it certainly suggests these schools, suddenly the same ag- I guess, the Justice Department what that either we are all missing the boat gressive recruitment mechanism that penalty he thinks should be imposed, or that something is taking place with- went into finding qualified ball players he said, ‘‘Well, 15 years of going to in our Nation that has not been healed is not applied when it comes to finding Bible school, or 10 years of going to even since the Civil War. So I would qualified teachers. They always say, Bible study and working with the choir certainly challenge those Presidential ‘‘Well, we looked in the local pool, the and the church.’’ These are individuals candidates to keep the Presidential local municipality and we couldn’t find who have lost their buildings, not their campaign focused on issues of sub- African-Americans or women or churches, because it takes more than a stance to people as it affects their Latinos or Asian Americans who were torch to burn a congregation. That was daily lives. qualified.’’ only a building. The gentleman mentioned affirma- What affirmative action simply sug- To know that those congregations all tive action. I heard some of our col- gests as it relates to that kind of op- across the southern part of our country leagues earlier on the other side of the portunity is that those institutions are still meeting, meeting in homes, aisle talking about affirmative action. must be as aggressive in trying to find meeting in parking lots, even meeting He is right. In 1996 affirmative action qualified black Ph.D.’s and female at other churches and those ministers has become a buzz word. Ph.D.’s and Latino Ph.D.’s just as they still leading that flock, it brings a But the reality is affirmative action went and found qualified African- breath of fresh air. So for individuals is really an outgrowth of the 1954 American ball players who play ball in who think they can kill the spirit by Brown versus Board of Education deci- parks across our country and in our burning the church, they are going to sion. Affirmative action is a conserv- high schools. have another think coming, because it ative remedy to offset historical ac- Mr. FIELDS of Louisiana. I agree really does not even weaken it. I have tion, historical negative action against with the gentleman. I think one of the even been in my own State where it groups of people in our society that problems we have with affirmative ac- has made some of these churches even have been historically denied. tion is a perception problem. People stronger. For example, I did a television show try to view affirmative action as two I would like to thank those individ- last weekend with one of the distin- parallel lines, if you will, where we uals. I do not know about in other guished gentlemen from the other side take somebody who is not qualified and areas of the State but the local com- of the aisle, and we talked about af- we elevate them to the level of some- munity. When we went through this ca- firmative action. We talked about af- body who is. But in all actuality, that lamity in Louisiana of the initial firmative action as equal opportunity, is not affirmative action. church burning, four in on night, to see that is, providing opportunity for those Affirmative action should be viewed the business community and to see the who have been historically locked out instead as a circle, where every person community at large come together to in our society, and I might add that in the circle, they are all qualified to try to pool resource to help support the primary beneficiaries of affirma- do the job, to perform the obligation of those congregations is absolutely ex- tive action in our Nation have been the contract, but there is one problem. traordinary. white women, not African-Americans. Though there are women in the circle, It just goes to show the good that we While there are those in our country they never get chosen. Very few of have in so many people. If we can just who would paint affirmative action as them get an opportunity to fly a plane, advocate that good, not only in times the program that has provided unusual, though they are qualified pilots. of disaster as the gentleman stated, unfair advantage to African-Ameri- Though there are a lot of African but advocate that good will that we all cans, the primary beneficiaries of af- Americans in the circle who can per- have within ourselves as often as pos- firmative action in the State of Illinois form the obligation of the contract, sible, then hopefully those kind of hate June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6113 crimes will go away and be a thing of men from Tuskegee, Tuskegee pilots, ings like we have today, senseless the past. find qualified women, black, white, bombings like we have had in the past, Mr. JACKSON of Illinois. Let me say brown, Asian, who can fly planes and but people will grow to be tolerant of if there is any bright side to this very give them an opportunity. each other and respect each other and unfortunate series of events that have I cannot help but remember and learn how to live with each other. been taking place in our Nation, it is think about the significance of the late I would only say in closing to those that African-Americans and Jewish- Secretary of Commerce Ron Brown’s churches and those ministers and those Americans and I have seen Catholic most recent trip to Bosnia- congregations, I am just pleased that Americans along with Protestant Herzegovina, the former war-torn Attorney General Janet Reno and the Americans come together, the Rainbow Yugoslavia. Ron Brown was a big sup- President; Deval Patrick, the Assistant Coalition coming together philosophi- porter of affirmative action. I certainly Attorney General; the ATF and all the cally with the Christian Coalition to hope that his support of affirmative ac- enforcement mechanisms that we have condemn these acts. This is something tion and equal opportunity does not at our disposal here in this government that historically I would think, consid- get lost in his legacy. But for Ron are all working together in concert ering the partisan nature of politics in Brown’s very unfortunate and un- with each other to try to change or to our country, would not necessarily be timely demise along with many of our try to at least bring these individuals, the case, but they have moved beyond mutual friends who were on that plane, the perpetrators of these heinous their partisan differences, because any the only thing we probably would have crimes to justice so that they can be group of individual who would attack a known about that trip from the media duly prosecuted under the law. church is certainly beneath the dignity accounts was the fact that they were b 2045 of what we refer to and call ourselves giving hamburgers to soldiers in the Americans. And so those who are doing former Yugoslavia. But when the plane That is their function. We can do it should stop and those who have in- crashed, we also discovered something something probably even more pro- formation about those who are doing it else. We found out who else was on the found than that. Not only can we pass should call 888–ATF–FIRE and cer- plane, business people, predominantly legislation, and we will, but we can lead by example and try to bring out tainly call the ATF and let them know white businessmen, CEO’s of major cor- the best in people. that they have some information about porations across our country, who were There is no rhyme nor reason whatso- these unfortunate turn of events in our going to Yugoslavia to rebuild the ever for an individual to put a torch to country. former war-torn republic, really to re- a church, a place of worship in this I thought it was important to put ceive a grant from the Federal Govern- country. That is a sad day in our soci- these church burnings in a historical ment that we had provided in this in- ety when we have individuals setting context, because all too often the his- stitution for any U.S. company that fires at places of worship, and we would tory of racism and sexism and classism wanted to go there and rebuild it. They hope that it would cease and would and church burnings and climate set- were using a military plane, they were cease right away. ting in our Nation and the role that we using military personnel, and the Sec- And for those individuals in our re- play as elected officials in fanning retary of Commerce was escorting spective districts who know any infor- those fires, that is, helping those fires those businesspeople, predominantly mation whatsoever, it is incumbent get worse. We are not just burning white, male-owned companies on a trip upon us to publicize this 888–ATF–FIRE churches, we are also burning oppor- for opportunity. number. That is our responsibility, I tunity in our Nation. Burning oppor- Why was Ron Brown such a big sup- would say to the gentleman from Illi- tunity forces reaction in our Nation in porter of affirmative action? Because nois. It is our responsibility to go back terms of those who are getting an ad- he wanted those business people on to our respective districts in these sev- vantage through affirmative action, those trips that only he knew as Sec- eral States and try to public that through other programs that were de- retary of Commerce that he was really 888—— signed to help the poor regardless of taking to come back to the United Mr. JACKON of Illinois. ATF–FIRE. their race, sex, color or class, in this States and do business with African- Mr. FIELDS of Louisiana. ATF–FIRE particular climate we see that there is Americans and women and Asians and number, and encourage any individuals an emergence, if you will, of more Native Americans and those who for with any information whatsoever to church burnings and this kind of racial whatever reason could not be partici- call that number and give it to the hatred. pants on those international trips. Ron proper authorities so that we can at I want to go back just quickly to af- Brown knew that the U.S. Government least bring those individuals to justice. firmative action because we are talk- was providing opportunity for those Mr. Speaker, I yield back the balance ing about not just burning churches business people in foreign markets and of my time to the gentleman. but burning opportunity in our Nation. they also had some obligation as a Mr. JACKSON of Illinois. Mr. Speak- To hire someone because they are un- matter of law, not as a matter of good er, I certainly want to thank the dis- qualified is absolutely illegal. That is will or good feeling or how we think tinguished gentleman from Louisiana illegal in our Nation. Affirmative ac- about people but as a matter of law to for his very kind and very gentle re- tion does not mandate that one hire come back to this Nation and do busi- marks. I would certainly hope those of someone because they are unqualified. ness with African-Americans and with us in this body, really on both sides of I think the analogy that the gentleman women and with Asians who could not the aisle and certainly those of us who from Louisiana raises about an airline make that trip. Ron Brown was about occupy the Supreme Court of the Unit- pilot is certainly correct. You do not expanding opportunity, and affirmative ed States and the White House, that we hire an African American to fly a plane action was a factor in his program. would be particularly sensitive that it or hire a woman or a Latin or an Asian Mr. FIELDS of Louisiana. I thank is but by the grace of God that the American to fly a plane simply because the gentleman for those comments. In churches that have been burnt, that of their color. Who would want to fly in closing, I can only say that we have a there have not been full congregations a plane in this country if you hired long way to go and we can make it or any congregations in those churches someone who did not know how to fly there if we do it together and we can at those times. a plane? That is ridiculous. But it does get there a lot quicker. There is an old But let us also be cognizant of the mean that if African Americans and if saying that you can get it a place a lot role that we play with our debates on women historically have not flown quicker if everybody pulls in the same the floor of this House, with the way in planes in our Nation, have not been direction. The more we pull in the which we conduct ourselves in our given an equal opportunity of flying a same direction, the sooner we will get Democrat versus Republican politics plane, then the airline industries to that destination, that promised back home, with the implementation across our Nation must go out of their land, so to speak, that Dr. King talked of strategies that have not brought out way and do something that they have about where we all could work together the very best in people but have, in- historically not done, go out of their and more forward. Hopefully one day deed, exacerbated fears and brought way to find qualified African-American we will not have these senseless burn- out the very worst in people. H6114 CONGRESSIONAL RECORD — HOUSE June 10, 1996 I certainly want to commend the dis- churches are in flames and these criminals Mr. POSHARD. tinguished gentleman from Louisiana must be brought to justice. Mr. FAZIO of California. for the way in which he has conducted f Mr. WARD. himself publicly and the role he has Mr. LANTOS. tried to play it bringing African-Amer- LEAVE OF ABSENCE Mr. MONTGOMERY. icans, white Americans, Asian Ameri- By unanimous consent, leave of ab- Mr. CONYERS. cans, native Americans and all of the sence was granted to: Mr. BERMAN. different of Americans under one big Mr. SCHRIFF (at the request of Mr. Mr. TORRICELLI. tent called America. ARMEY), for today and Tuesday, June Mr. HASTINGS of Florida. With that, Mr. Speaker, we yield 11, on account of official business. Mr. ACKERMAN. back the balance of our time. Mr. ROHRABACHER (at the request of Mr. PAYNE of New Jersey. Mr. HILLIARD. Mr. Speaker, a southern Mr. ARMEY), for today, on account of Mr. DEUTSCH. nightmare has returned to the once quiet and delayed transportation. (The following Members (at the re- tranquil rural counties of America's southland Mr. HASTINGS of Florida (at the re- quest of Mr. JONES) and to include ex- which has many of our citizens concerned. quest of Mr. GEPHARDT), for today and traneous matter:) A wave of church arsons is sweeping Tuesday, June 11, on account of per- Ms. ROS-LEHTINEN. across the South, taking with it many rural, sonal reasons. Mr. BOEHNER. mostly black churches, as well as the con- Mr. UNDERWOOD (at the request of (The following Members (at the re- fidence and security that many of these com- Mr. GEPHARDT), for today and the bal- quest of Mr. FIELDS of Louisiana) and munities once felt. ance of the week, on account of official to include extraneous matter:) Mr. Speaker, if this were 1956, I would business. Mr. BENTSEN. ARR blame it on the States's-Rights activists, but Mrs. LINCOLN at the request of Mr. Mr. F of California. Mr. PARKER. this isn't 1956, this is 1996, and I thought Bull GEPHARDT), for today and the balance Conner was dead. of the week, on account of medical rea- Mr. KENNEDY of Rhode Island Just like a bad dream which comes in the sons. f middle of the night, so also, come these ar- f SENATE BILL REFERRED sons, enveloped in darkness and all too remi- niscent of the Bad Old Days when the night- SPECIAL ORDERS GRANTED A bill of the Senate of the following riders of the Ku Klux Klan practiced their evil title was taken from the Speaker’s By unanimous consent, permission to under the cover of darkness and with the as- table and, under the rule, referred as address the House, following the legis- sistance of the torch. follows: lative program and any special orders The number of incidents, as of May 21, S. 1634. An act to amend the resolution es- heretofore entered, was granted to: 1996, given in testimony before the Judiciary tablishing the Franklin Delano Roosevelt (The following Members (at the re- Committee, was 57 across the United States. Memorial Commission to extend the service quest of Mr. PALLONE) to revise and ex- Now, the number of church arsons has risen of certain members; to the Committee on tend their remarks and include extra- Resources. to 58. The number has risen to 58 because this neous material:) f Mrs. CLAYTON, for 5 minutes, today. last Sunday, another fire tragically burned the ADJOURNMENT Rising Star Baptist Church, in Greensboro, AL, Ms. KAPTUR, for 5 minutes, today. Mr. MONTGOMERY, for 5 minutes, Mr. JACKSON of Illinois. Mr. Speak- to the ground, and leaving an entire congrega- er, I move that the House do now ad- tion without a house of worship. today Ms. JACKSON-LEE of Texas, for 5 min- journ. The fire is still under investigation. Trag- The motion was agreed to; accord- ically, under the cover of darkness, a beautiful utes, today. (The following Members (at the re- ingly (at 8 o’clock and 49 minutes quiet community in west Alabama's agricul- p.m.), under its previous order, the tural heartland has again experienced another quest of Mr. JONES) to revise and ex- tend their remarks and include extra- House adjourned until tomorrow, Tues- church arson. This makes the ninth arson of a day, June 11, 1996, at 9 a.m. black church in Alabama. neous material:) f In light of these events, the names of these Mr. BURR, for 5 minutes, on June 11. Alabama churches now evoke a rollcall of de- Mr. BURTON of Indiana, for 5 minutes NOTICE OF PROPOSED RULE- spair, a string of broken dreams, and a hall- each day, today and on June 11, 12, 13, MAKING EXTENSION OF PERIOD mark of heartache. Allow me to cite the names and 14. FOR COMMENT of the Alabama churches which have burned: Mr. RIGGS, for 5 minutes, today. Mr. DUNCAN, for 5 minutes, today. U.S. CONGRESS, Mount Zion Baptist Church; Mount Zoar Bap- OFFICE OF COMPLIANCE, Mr. SMITH of Michigan, for 5 minutes tist Church; Little Zion Baptist Church; New Washington, DC, June 7, 1996. each day, on June 11, 12, and 13. Liberty Baptist Church; Jerusalem Baptist Hon. NEWT GINGRICH, Church; Bucks Chapel Church; Oak Grove Mr. BUYER, for 5 minutes each day, Speaker of the House, U.S. House of Represent- Missionary Baptist Church; Pine Top Baptist on June 11, 12, and 13. atives, Washington, DC Church; and now Rising Star Baptist Church. Mr. MICA. for 5 minutes each day, DEAR MR. SPEAKER: Pursuant to Section Mr. Speaker, I can not say definitely that today and on June 11, 12, and 13. 304(b) of the Congressional Accountability Mr. CHAMBLISS, for 5 minutes each Act of 1995 (2 U.S.C. § 1384(b)), I am transmit- these fires are the direct result of a resur- ting on behalf of the Board of Directors the gence of racism, but they are the deliberate day, on June 11 and 12. (The following Member (at his own enclosed notice for publication in the Con- result of hatred, ignorance, and lawlessness. gressional Record. Although these fires have burned down request) and to revise and extend his The Congressional Accountability Act many rural churches in Alabama and across remarks and include extraneous mate- specifies that the enclosed notice be pub- the United States, these fires have not burned rial;) lished on the first day on which both Houses out my optimism for the progress which Ala- Mr. HALL of Texas, for 5 minutes, are in session following this transmittal. bama and the South have made in my life- today. Sincerely, GLEN D. NAGER, f time, in the area of race relations. Chair of the Board. I know, it is a far from a perfect situation EXTENSION OF REMARKS which exists today in Alabama, or in America, JUNE 7, 1996. By unanimous consent, permission to but if we realize this fact, and continue to OFFICE OF COMPLIANCE progress and grow, we will reach Dr. King's revise and extend remarks was granted NOTICE OF PROPOSED RULEMAKING—EXTENSION promised land. And just like Dr. King, ``I may to: OF PERIOD FOR COMMENT (The following Members (at the re- not be with you, when you get there,'' but if A Notice of Proposed Rulemaking [NPR] this day comes after my work on earth is quest of Mr. PALLONE) and to include for the proposed regulations implementing done, I assure you that I will be there in spirit. extraneous matter:) Section 220(e) of the Congressional Account- In closing, allow me to say that crosses may Mrs. MALONEY. ability Act of 1995, was published in the CON- not be burning in Alabama tonight, but our Mr. DELLUMS. GRESSIONAL RECORD dated May 23, 1996. This June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6115 notice is to inform interested parties that 3456. A letter from the Director, Office of ceived June 10, 1996, pursuant to 5 U.S.C. the Board of Directors of the Office of Com- Regulatory Management and Information, 801(a)(1)(A); to the Committee on Commerce. pliance has extended the period for public Environmental Protection Agency, transmit- 3466. A letter from the Director, Regula- comment on the NPR until July 1, 1996. Any ting the Agency’s final rule—Approval and tions Policy Management Staff, Food and questions about this notice may be directed Promulgation of Implementation Plans; Drug Administration, transmitting the Ad- to the Office of Compliance, LA 200 John California State Implementation Plans; Cali- ministration’s final rule—Revocation of Cer- Adams Building, Washington, DC 20540–1999; fornia State Implementation Plan Revision, tain Regulations Affecting Food [Docket No. phone (202) 724–9250; fax: (202) 426–1913. Five Local Air Pollution Control Districts 95N–310F] received June 7, 1996, pursuant to 5 f (FRL–5464–4) received June 7, 1996, pursuant U.S.C. 801(a)(1)(A); to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. EXECUTIVE COMMUNICATIONS, Commerce. 3467. A letter from the Director, Office of ETC. 3457. A letter from the Director, Office of Congressional Affairs, Nuclear Regulatory Under clause 2 of rule XXIV, execu- Regulatory Management and Information, Commission, transmitting the Commission’s Environmental Protection Agency, transmit- final rule—Environmental Review for Re- tive communications were taken from ting the Agency’s final rule—Approval and newal of Nuclear Power Plant Operating Li- the Speaker’s table and referred as fol- Promulgation of Air Quality Implementa- censes (RIN: 3150–AD63) received June 7, 1996, lows: tion Plans; Virginia; Approval of Alternative pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 3448. A letter from the Director, the Office Compliance Plans for the Reynolds Metals mittee on Commerce. of Management and Budget, transmitting Graphic Arts Plants (FRL–5514–6) received 3468. A letter from the Director, Defense the cumulative report on rescissions and de- June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Security Assistance Agency, transmitting ferrals of budget authority as of May 1, 1996, to the Committee on Commerce. notification of a cooperative project con- pursuant to 2 U.S.C. 685(e) (H. Doc. No. 104– 3458. A letter from the Managing Director, cerning a NATO mid-term modernization 230); to the Committee on Appropriations Federal Communications Commission, trans- program which will improve the airborne and ordered to be printed. mitting the Commission’s final rule— early warning and control system [AEW&C] 3449. A letter from the Director, Office of Amendment of Section 73.202(b), Table of Al- mission capabilities of NATO E–3A aircraft, Regulatory Management and Information, lotments, FM Broadcast Stations (Shelton, simulators, and training cargo aircraft Environmental Protection Agency, transmit- Washington) [MM Docket No. 95–156] re- (Transmittal No. 11–96) received June 7, 1996, ting the Agency’s final rule—List of Regu- ceived June 7, 1996, pursuant to 5 U.S.C. pursuant to 22 U.S.C. 2767(f); to the Commit- lated Substances and Thresholds for Acci- 801(a)(1)(A); to the Committee on Commerce. tee on International Relations. dental Release Prevention; Final Rule—Stay 3459. A letter from the Managing Director, 3469. A letter from the Director, Defense of Effectiveness (FRL–5516–6) received June Federal Communications Commission, trans- Security Assistance Agency, transmitting 6, 1996, pursuant to 5 U.S.C. 801(a) (1) (A); to mitting the Commission’s final rule— notification of an umbrella cooperative the Committee on Commerce. Amendment of Section 73.202(b), Table of Al- project with Canada covering future collabo- 3450. A letter from the Director, Office of lotments, FM Broadcast Stations (Woodville ration on research, exploratory development, Regulatory Management and Information, and Liberty, Mississippi; Clayton and Jena, and advanced development whose matura- Environmental Protection Agency, transmit- Louisiana) [MM Docket No. 94–115] received tion may lead to technologically superior ting the Agency’s final rule—40 CFR Parts June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); conventional weapon systems (Transmittal 1528 and 1552 Acquisition Regulation (FRL– to the Committee on Commerce. No. 12–96) received June 7, 1996, pursuant to 5517–4) received June 6, 1996, pursuant to 5 3460. A letter from the Managing Director, 22 U.S.C. 2767(f); to the Committee on Inter- U.S.C. 801(a) (1) (A); to the Committee on Federal Communications Commission, trans- national Relations. Commerce. mitting the Commission’s final rule— 3470. A letter from the Director, Defense 3451. A letter from the Director, Office of Amendment of Section 73.202(b), Table of Al- Security Assistance Agency, transmitting Regulatory Management and Information, lotments, FM Broadcast Stations (Blossom, notification of a cooperative project con- Environmental Protection Agency, transmit- TX, DeQueen, Arkansas, and Coalgate, Okla- cerning improvements to a modular elec- ting the Agency’s major final rule—Risk homa) [MM Docket No. 95–75] received June tronic subsystem for the purpose of enhanc- Management Program Regulations for 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to ing both air and ground electronic warfare Chemical Accident Release Prevention, as the Committee on Commerce. detection capabilities (Transmittal No. 10– required by section 112(r) of the Clean Air 3461. A letter from the Managing Director, 96) received June 7, 1996, pursuant to 22 Act—received June 6, 1996, pursuant to 5 Federal Communications Commission, trans- U.S.C. 2767(f); to the Committee on Inter- U.S.C. 801(a)(1)(A); to the Committee on mitting the Commission’s final rule— national Relations. Commerce. Amendment of Section 73.202(b), Table of Al- 3471. A letter from the Acting Assistant 3452. A letter from the Director, Office of lotments, FM Broadcast Stations (Clovis and Secretary for Legislative Affairs, Depart- Regulatory Management and Information, Madera, California) [MM Docket No. 90–45] ment of State, transmitting the Depart- Environmental Protection Agency, transmit- received June 10, 1996, pursuant to 5 U.S.C. ment’s final rule—Notification of Foreign ting the Agency’s final rule—Approval and 801(a)(1)(A); to the Committee on Commerce. Official Status—Elimination and Reinven- Promulgation of Implementation Plans; 3462. A letter from the Managing Director, tion of Regulations (Office of Protocol, De- Ohio (FRL–5506–5) received June 7, 1996, pur- Federal Communications Commission, trans- partment of State) (22 CFR, Part 4) received suant to 5 U.S.C. 801(a)(1)(A); to the Commit- mitting the Commission’s final rule— June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); tee on Commerce. Amendment of Section 73.202(b), Table of Al- to the Committee on International Rela- 3453. A letter from the Director, Office of lotments, FM Broadcast Stations (Woodville tions. Regulatory Management and Information, and Liberty, Mississippi; Clayton and Jena, 3472. A letter from the Secretary of Health Environmental Protection Agency, transmit- Louisiana) [MM Docket No. 94–115] received and Human Services; transmitting the semi- ting the Agency’s final rule—Protection of June 10, 1996, pursuant to 5 U.S.C. annual report on activities of the inspector Stratospheric Zone (FRL–5518–1) received 801(a)(1)(A); to the Committee on Commerce. general for the period October 1, 1995, June 7, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 3463. A letter from the Managing Director, through March 31, 1996, and the semiannual to the Committee on Commerce. Federal Communications Commission, trans- management report for the same period, pur- 3454. A letter from the Director, Office of mitting the Commission’s final rule— suant to 5 U.S.C. app. (Insp. Gen. Act) sec- Regulatory Management and Information, Amendment of Section 73.202(b), Table of Al- tion 5(b); to the Committee on Government Environmental Protection Agency, transmit- lotments, FM Broadcast Stations (Chester, Reform and Oversight. ting the Agency’s final rule—Approval and Shasta Lake City, Alturas, McCloud and 3473. A letter from the Chairman, Council Promulgation of Implementation Plans; In- Weaverville, California) [MM Docket No. 94– of the District of Columbia, transmitting a diana (FRL–5509–5) received June 7, 1996, pur- 76 and MM Docket No. 94–77] received June copy of D.C. Act 11–268, ‘‘Police Officers Out- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- 10, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to side Employment Amendment Act of 1996’’— tee on Commerce. the Committee on Commerce. received June 7, 1996, pursuant to D.C. Code, 3455. A letter from the Director, Office of 3464. A letter from the Managing Director, section 1–233(c)(1); to the Committee on Gov- Regulatory Management and Information, Federal Communications Commission, trans- ernment Reform and Oversight. Environmental Protection Agency, transmit- mitting the Commission’s final rule— 3474. A letter from the Federal Co-Chair- ting the Agency’s final rule—Approval and Amendment of Section 73.606(b), Table of Al- man, Appalachian Regional Commission, Promulgation of Implementation Plans and lotments, TV Broadcast Stations (Virginia transmitting the semiannual report on ac- Designation of Areas for Air Quality Plan- Beach, Virginia) [MM Docket No. 95–77] re- tivities of the inspector general for the pe- ning Purposes; State of New Mexico; Ap- ceived June 10, 1996, pursuant to 5 U.S.C. riod October 1, 1995, through March 31, 1996, proval of the Vehicle Inspection and Mainte- 801(a)(1)(A); to the Committee on Commerce. pursuant to 5 U.S.C. app. (Insp. Gen. Act) nance Program, Emissions Inventory, and 3465. A letter from the Managing Director, section 5(b); to the Committee on Govern- Maintenance Plan; Redesignation to Attain- Federal Communications Commission, trans- ment Reform and Oversight. ment Albuquerque/Bernalillo County, New mitting the Commission’s final rule— 3475. A letter from the Director, Office of Mexico; Carbon Monoxide (FRL–5514–2) re- Amendment of Section 73.202(b), Table of Al- Surface Mining, Department of the Interior, ceived June 7, 1996, pursuant to 5 U.S.C. lotments, FM Broadcast Stations (Shelton, transmitting the Department’s final rule— 801(a)(1)(A); to the Committee on Commerce. Washington) [MM Docket No. 95–156] re- Texas Regulatory Program (Office of Surface H6116 CONGRESSIONAL RECORD — HOUSE June 10, 1996 Mining Reclamation and Enforcement) strument Approach Procedures; Miscellane- eral Aviation Administration) [Docket No. [SPATS No TX–027–FOR] received June 10, ous Amendments (27) [Amendment Number 96–ACE–2] (Rin: 2120–AA66) (1996–0053) re- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1732] (Federal Aviation Administration) ceived June 6, 1996, pursuant to 5 U.S.C. Committee on Resources. (RIN: 2120–AA65) (1996–0015) received June 6, 801(a)(1)(A); to the Committee on Transpor- 3476. A letter from the Acting Director, Of- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the tation and Infrastructure. fice of Fisheries Conservation and Manage- Committee on Transportation and Infra- 3495. A letter from the General Counsel, ment, National Marine Fisheries Service, structure. Department of Transportation, transmitting transmitting the Service’s final rule—Pacific 3486. A letter from the General Counsel, the Department’s final rule—Standards for Coast Groundfish Fishery; Whiting At-Sea Department of Transportation, transmitting Approval for High Altitude Operation of Sub- Processing [Docket No. 951227306–6117–02; I.D. the Department’s final rule—Decision of the sonic Transport Airplanes (Federal Aviation 053096A] received June 7, 1996, pursuant to 5 United States Supreme Court Concerning an Administration) (RIN: 2120–AB18) received U.S.C. 801(a)(1)(A); to the Committee on Re- Agency Interpretation of the Federal Hours June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); sources. of Service Laws; Change in Agency Interpre- to the Committee on Transportation and In- 3477. A letter from the Program Manage- tation; Enforcement Policy Regarding Viola- frastructure. ment Officer, National Marine Fisheries tions of Laws as Previously Interpreted (Fed- 3496. A letter from the General Counsel, Service, transmitting the Service’s final eral Railroad Administration) (49 CFR Part Department of Transportation, transmitting rule—Gulf of Mexico Fisheries Disaster Pro- 228) received June 6, 1996, pursuant to 5 the Department’s final rule—Airworthiness gram [Docket No. 960322092–6159–02; I.D. U.S.C. 801(a)(1)(A); to the Committee on Directives; McDonnell Douglas Model DC–10 032596B] received June 10, 1996, pursuant to 5 Transportation and Infrastructure. Series Airplanes and Model MD–11F (Freight- U.S.C. 801(a)(1)(A); to the Committee on Re- 3487. A letter from the General Counsel, er) Airplanes (Federal Aviation Administra- sources. Department of Transportation, transmitting tion) (Docket No. 95–NM–120–AD) (RIN: 2120– 3478. A letter from the General Counsel, the Department’s final rule—Security Zone AA64) received June 6, 1996, pursuant to 5 Department of Transportation, transmitting Regulations: U.S. Coast Guard Base Miami U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Establishment Beach; Miami Beach, FL [COTP Miami 96– Transportation and Infrastructure. of Class E Airspace; Seymour, TX—Docket 039] (RIN: 2115–AA97) received June 6, 1996, 3497. A letter from the General Counsel, No. 95–ASW–01 (Federal Aviation Adminis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Transportation, transmitting tration) (RIN: 2120–AA66) (1996–0036) received mittee on Transportation and Infrastruc- the Department’s final rule—Airworthiness June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); ture. Directives; Textron Lycoming Model TI0– to the Committee on Transportation and In- 3488. A letter from the General Counsel, 540–S1A Reciprocating Engines (Federal frastructure. Department of Transportation, transmitting Aviation Administration) (Docket No. 91– 3479. A letter from the General Counsel, the Department’s final rule—Safety Zone: ANE–29) (RIN: 2120–AA64) received June 6, Department of Transportation, transmitting Lake Erie, Detroit to Cleveland [CDG09–96– 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule—Revision of 002] (RIN: 2115–AA97) received June 6, 1996, Committee on Transportation and Infra- Class E Airspace; Guymon, OK—Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- structure. 95–ASW–22 (Federal Aviation Administra- mittee on Transportation and Infrastruc- 3498. A letter from the General Counsel, tion) (RIN: 2120–AA66) (1996–0037) received ture. Department of Transportation, transmitting June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 3489. A letter from the General Counsel, the Department’s final rule—Airworthiness to the Committee on Transportation and In- Department of Transportation, transmitting Directives; McDonnell Douglas Model DC–9– frastructure. the Department’s final rule—Safety Zone: 80 Series Airplanes, Model MD–88 Airplanes, 3480. A letter from the General Counsel, Ohio River, Miles 309.0 to 312.5; Vicinity of and MD–90 Airplanes (Federal Aviation Ad- Department of Transportation, transmitting the Huntington West End Bridge, Hunting- ministration) (Docket No. 96–NM–111–AD) the Department’s final rule—Revision of ton, WV [COTP Huntington 96–008] (RIN: (RIN: 2120–AA64) received June 6, 1996, pursu- Class E Airspace; Artesia, NM—Docket No. 2115–AA97) received June 6, 1996, pursuant to ant to 5 U.S.C. 801(a)(1)(A); to the Committee 95–ASW–08 (Federal Aviation Administra- 5 U.S.C. 801(a)(1)(A); to the Committee on on Transportation and Infrastructure. tion) (RIN: 2120–AA66) (1996–0035) received Transportation and Infrastructure. 3499. A letter from the General Counsel, June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 3490. A letter from the General Counsel, Department of Transportation, transmitting to the Committee on Transportation and In- Department of Transportation, transmitting the Department’s final rule—Airworthiness frastructure. the Department’s final rule—Special Local Directives; Aviat Aircraft, Inc. Models S–1S, 3481. A letter from the General Counsel, Regulations: Harborwalk Boat Race; Sampit S–1T, S–2, S–2A, S–2S, and S–2B Airplanes Department of Transportation, transmitting River, Georgetown, SC [CGD07–96–015] (RIN: (formerly known as Pitts Models S–1S, S–1T, the Department’s final rule—Revision of 2115–AE46) received June 6, 1996, pursuant to S–2, S–2A, S–2S, and S–2B Airplanes) (Fed- Class E Airspace; Victoria, TX—Docket No. 5 U.S.C. 801(a)(1)(A); to the Committee on eral Aviation Administration) [Docket No. 95–ASW–20 (Federal Aviation Administra- Transportation and Infrastructure. 96–CE–23–AD; Amendment 39–9645; AD 96–12– tion) (RIN: 2120–AA66) (1996–0052) received 3491. A letter from the General Counsel, 03] (RIN:2120–AA64) received June 6, 1996, June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Committee on Transportation and In- the Department’s final rule—Regulatory Re- mittee on Transportation and Infrastruc- frastructure. invention Initiative: Pipeline Safety Pro- ture. 3482. A letter from the General Counsel, gram Procedures; Reporting Requirements; 3500. A letter from the General Counsel, Department of Transportation, transmitting Gas Pipeline Standards; and Liquefied Natu- Department of Transportation, transmitting the Department’s final rule—Revision of ral Gas Facilities Standards (Research and the Department’s final rule—Airworthiness Class E Airspace; Guthrie, TX—Docket No. Special Programs Administration) [Docket Directives; Canadair Model CL–215–1A10 Se- 95–ASW–17 (Federal Aviation Administra- No. PS–125; Notice 2] (RIN: 2137–AC28) re- ries Airplanes (Federal Aviation Administra- tion) (RIN: 2120–AA66) (1996–0050) received ceived June 6, 1996, pursuant to 5 U.S.C. tion) (Docket No. 96–NM–61–AD) (RIN: 2120– June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); 801(a)(1)(A); to the Committee on Transpor- AA64) received June 6, 1996, pursuant to 5 to the Committee on Transportation and In- tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on frastructure. 3492. A letter from the General Counsel, Transportation and Infrastructure. 3483. A letter from the General Counsel, Department of Transportation, transmitting 3501. A letter from the General Counsel, Department of Transportation, transmitting the Department’s final rule—National Stand- Department of Transportation, transmitting the Department’s final rule—Proposed Es- ards for Traffic Control Devices; Metric Con- the Department’s final rule—Airworthiness tablishment of Class E Airspace; Soncra, version (Federal Highway Administration) Directives; McDonnell Douglas Model MD–11 TX—Docket No. 95–ASW–07 (Federal Avia- [FHWA Docket No. 96–20] (RIN: 2125–AD63) Series Airplanes (Federal Aviation Adminis- tion Administration) (RIN: 2120–AA66) (1996– received June 6, 1996, pursuant to 5 U.S.C. tration) (Docket No. 96–NM–56–AD) (RIN: 0045) received June 6, 1996, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- 2120–AA64) received June 6, 1996, pursuant to U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. 3493. A letter from the General Counsel, Transportation and Infrastructure. 3484. A letter from the General Counsel, Department of Transportation, transmitting 3502. A letter from the General Counsel, Department of Transportation, transmitting the Department’s final rule—Polices Relat- Department of Transportation, transmitting the Department’s final rule—Standard In- ing to Rulemaking Proceedings (RIN: 2105– the Department’s final rule—Airworthiness strument Approach Procedures; Miscellane- AC55) received June 6, 1996, pursuant to 5 Directives; Twin Commander Aircraft Cor- ous Amendments (24) [Amendment Number U.S.C. 801(a)(1)(A); to the Committee on poration 500, 680, and 690 Series Airplanes 1733] (Federal Aviation Administration) Transportation and Infrastructure. (Federal Aviation Administration) (Docket (RIN: 2120–AA65) (1996–0016) received June 6, 3494. A letter from the General Counsel, No. 96–CE–22–AD) (RIN: 2120–AA64) received 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Transportation, transmitting June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Committee on Transportation and Infra- the Department’s final rule—Amendment to to the Committee on Transportation and In- structure. Class E Airspace; Kaiser, MO; Camdenton, frastructure. 3485. A letter from the General Counsel, MO; Sedalia, MO; West Plains, MO; Point 3503. A letter from the General Counsel, Department of Transportation, transmitting Lookout, MO; St. Charles, MO; Monett, MO; Department of Transportation, transmitting the Department’s final rule—Standard In- Butler, MO; Monroe City, MO; etc. (11) (Fed- the Department’s final rule—Airworthiness June 10, 1996 CONGRESSIONAL RECORD — HOUSE H6117 Directives; The New Piper Aircraft, Inc. REPORTS OF COMMITTEES ON BARRETT of Wisconsin, Mr. STARK, Models PA31, PA31–300, PA31–325, and PA31– PUBLIC BILLS AND RESOLUTIONS and Mr. MILLER of California): 350 Airplanes (Federal Aviation Administra- H.R. 3608. A bill to amend section 818 of the tion) (Docket No. 90–CE–60–AD) (RIN: 2120– Under clause 2 of rule XIII, reports of National Defense Authorization Act for fis- AA64) received June 6, 1996, pursuant to 5 committees were delivered to the Clerk cal year 1995 to prohibit additional payments U.S.C. 801(a)(1)(A); to the Committee on for printing and reference to the proper for restructuring costs under defense con- Transportation and Infrastructure. calendar, as follows: tracts and to revise certain reporting re- 3504. A letter from the General Counsel, Mr. GOODLING: Committee on Economic quirements relating to such costs; to the Department of Transportation, transmitting and Educational Opportunities. H.R. 3268. A Committee on National Security. the Department’s final rule—Airworthiness bill to amend the Individuals with Disabil- By Mr. SHAYS (for himself and Mr. Directives; Jetstream Model 4101 Airplanes ities Education Act, to reauthorize and make FARR): (Federal Aviation Administration) (Docket improvements to that act, and for other pur- H.R. 3609. A bill to authorize appropria- No. 95–NM–133–AD) (RIN: 2120–AA64) received poses; with an amendment (Rept. 104–614). tions for the payment of U.S. arrearages in June 6, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); Referred to the Committee of the Whole assessed contributions to the United Nations to the Committee on Transportation and In- House on the State of the Union. for prior years and to authorize appropria- frastructure. Mr. DREIER: Committee on Rules. House tions for the payment of assessed contribu- 3505. A letter from the General Counsel, Resolution 450. Resolution waiving points of tions of the United States for U.N. peace- Department of Transportation, transmitting order against the conference report to ac- keeping operations; to the Committee on the Department’s final rule—Airworthiness company the concurrent resolution (H. Con. International Relations. Directives; Airbus Model A300 B2 and B4 Se- Res. 178) establishing the congressional ries Airplanes, Excluding Model A300–600 Se- budget for the U.S. Government for fiscal f ries Airplanes (Federal Aviation Administra- year 1997 and setting forth appropriate budg- tion) Docket No. 95–NM–161–AD) (RIN: 2120– etary levels for fiscal years 1998, 1999, 2000, ADDITIONAL SPONSORS AA64) received June 6, 1996, pursuant to 5 2001, and 2002. (Rept. 104–615). Referred to the U.S.C. 801(a)91)(A); to the Committee on House Calendar. Under clause 4 of rule XXII, sponsors Transportation and Infrastructure. Mr. LINDER: Committee on Rules. House were added to public bills and resolu- 3506. A letter from the Assistant Secretary Resolution 451. Resolution providing for con- tions as follows: of the Army (Civil Works), transmitting a sideration of the bill (H.R. 3603) making ap- H.R. 351: Mr. MOORHEAD. letter from the Chief of Engineers, Depart- propriations for Agriculture, Rural Develop- H.R. 1010: Ms. LOFGREN, Mr. FORD, Mr. ment of the Army concerning Humboldt Har- ment, Food and Drug Administration, and SCARBOROUGH, Mrs. SCHROEDER, and Mr. bor and Bay, CA, dated October 30, 1995, sub- related agencies programs for the fiscal year EHLERS. mitting a report together with accompany- ending September 30, 1997, and for other pur- H.R. 1733: Mr. BURR. ing papers and illustrations (H. Doc. No. 104– poses (Rept. 104–616). Referred to the House H.R. 2246: Mr. WYNN and Ms. JACKSON-LEE. 231); to the Committee on Transportation Calendar. H.R. 2391: Mr. FUNDERBURK and Mr. and Infrastructure and ordered to be printed. f WELDON of Florida. 3507. A letter from the Director, Office of H.R. 2442: Mr. HALL of Ohio and Mr. Regulations Management, Department of PUBLIC BILLS AND RESOLUTIONS ROHRABACHER. Veterans Affairs, transmitting the Depart- Under clause 5 of rule X and clause 4 H.R. 2587: Mr. LONGLEY. ment’s final rule—Post-Vietnam Era Veter- of rule XXII, public bills and resolu- H.R. 2701: Ms. VELAZQUEZ. ans’ Educational Assistance: Miscellaneous H.R. 2867: Mr. HOSTETTLER. (RIN: 2900–AH64) received June 7, 1996, pursu- tions were introduced and severally re- H.R. 2925: Mr. KINGSTON. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ferred as follows: H.R. 2962: Mr. ACKERMAN, Mr. MILLER of on Veterans’ Affairs. By Mr. BLILEY (for himself, Mr. DIN- California, Mr. GEJDENSON, and Mr. VENTO. 3508. A letter from the Director, Office of GELL, Mr. BILIRAKIS, Mr. WAXMAN, H.R. 3083: Mr. GALLEGLY. Regulations Management, Department of Mr. MOORHEAD, Mr. BRYANT of Texas, H.R. 3087: Mr. NORWOOD Veterans Affairs, transmitting the Depart- Mr. OXLEY, Mr. TOWNS, Mr. SCHAE- H.R. 3119: Mr. PETERSON of Minnesota. ment’s final rule—Autopsies (RIN: 2900–AI07) FER, Mr. STUDDS, Mr. UPTON, Mr. H.R. 3161: Mr. KOLBE and Mr. GORDON. received June 10, 1996, pursuant to 5 U.S.C. PALLONE, Mr. FRANKS of Connecticut, H.R. 3199: Mr. SHAW, Mr. WELLER, Mr. 801(a)(1)(A); to the Committee on Veterans’ Mrs. LINCOLN, Mr. GREENWOOD, Mr. QUILLEN, and Mr. COMBEST. Affairs. DEUTSCH, Mr. CRAPO, Mr. RUSH, Mr. H.R. 3234: Mr. GOODLING, Mr. UPTON, Mrs. 3509. A letter from the Chairman, U.S. DEAL, of Georgia, Ms. FURSE, Mr. MYRICK, Mr. RADANOVICH, Mr. SOUDER, Mr. International Trade Commission, transmit- BILBRAY, Mr. STUPAK, Mr. WHITFIELD, DOOLITTLE, and Mr. WELDON of Florida. ting a copy of the 85th quarterly report on Mr. MANTON, Mr. GANSKE, Mr. RICH- H.R. 3244: Mrs. COLLINS of Illinois, Mr. trade between the United States and China, ARDSON, Mr. GORDON, and Mr. MAR- ARMEY, Mr. TOWNS, Mr. HASTINGS of Florida, the successor states to the former Soviet KEY): Union, and other title IV countries during H.R. 3604. A bill to amend title XIV of the Mrs. MEEK of Florida, Mr. FRAZER, and Mr. 1995, pursuant to 19 U.S.C. 2440; to the Com- Public Health Service Act (the ‘‘Safe Drink- ROMERO-BARCELO. mittee on Ways and Means. ing Water Act’’), and for other purposes; to H.R. 3251: Mr. HEFLEY. 3510. A letter from the Under Secretary of the Committee on Commerce. H.R. 3252: Mr. WATT of North Carolina, Mr. Defense, transmitting the Department’s re- By Mr. LEWIS of California: WYNN, Mr. FATTAH, and Mrs. CLAYTON. port entitled ‘‘Quality of Research Under the H.R. 3605. A bill to amend the Internal Rev- H.R. 3294: Mr. SPRATT and Mr. DELLUMS. DOD Small Business Innovation Research enue Code of 1986 to clarify the exemption H.R. 3332: Mr. RANGEL, Mr. DELLUMS, Mr. [SBIR] Program,’’ pursuant to Public Law from tax for State funds providing coverage SCOTT, Mr. CLYBURN, Mr. JOHNSTON of Flor- 102–564, section 106 (106 Stat. 4256); jointly, to for losses on property arising from earth- ida, Mrs. COLLINS of Illinois, Mr. FRAZER, Mr. the Committees on National Security and quakes; to the Committee on Ways and DEFAZIO, Mr. STARK, and Mr. EVANS. Small Business. Means. H.R. 3354: Mr. NETHERCUTT. 3511. A letter from the Acting Assistant By Ms. LOFGREN: H.R. 3449: Mr. BONILLA, Mr. EVANS, and Mr. Secretary for Legislative Affairs, Depart- H.R. 3606. A bill to amend the Communica- LAUGHLIN. ment of State, transmitting a copy of Presi- tions Act of 1934 to restore freedom of speech H.R. 3465: Ms. JACKSON-LEE of Texas, Mr. dential Determination No. 96–31: Assistance to the Internet and to protect children from GEJDENSON, Mr. SHAYS, Mr. OLVER, Mr. HAM- Program for Russia, pursuant to Public Law unsuitable online material; to the Commit- ILTON, Mr. HOYER, Mr. LEWIS of Georgia, Ms. 103–87, section 577(a) (107 Stat. 973); jointly, tee on Commerce. RIVERS, and Mr. DOOLEY. to the Committees on International Rela- By Mr. SANDERS: H.R. 3525: Mrs. MYRICK, Mr. CHABOT, and tions and Appropriations. H.R. 3607. A bill to amend chapter 35 of Mr. FATTAH. 3512. A letter from the Board of Directors, title 44, United States Code, popularly H.R. 3551: Mr. WELDON of Florida and Mr. Office of Compliance, transmitting a notice known as the Paperwork Reduction Act, to LOBIONDO. for publication in the CONGRESSIONAL ensure that Federal agencies give priority to H.R. 3571: Mr. FRISA, Mr. ENGEL, Mr. HOKE, RECORD, pursuant to Public Law 104–1, sec- reducing paperwork burdens on small busi- Mr. ACKERMAN, Mr. MANZULLO, Mr. LAZIO of tion 304(b)(1) (109 Stat. 29); jointly, to the nesses having 50 or fewer employees; to the New York, Mr. SCHUMER, Mr. MANTON, Ms. Committees on House Oversight and Eco- Committee on Government Reform and MOLINARI, and Mr. NEAL of Massachusetts. nomic and Educational Opportunities. Oversight, and in addition to the Committee H.R. 3577: Mr. ROHRABACHER, Mr. TRAFI- 3513. A letter from the Assistant Secretary on Small Business, for a period to be subse- CANT, Mr. BURTON of Indiana, and Mr. DOR- of the Army (Civil Works), transmitting the quently determined by the Speaker, in each NAN. U.S. Army Corps of Engineers Division Re- case for consideration of such provisions as H. Con. Res. 145: Mr. CALVERT. structuring Plan, pursuant to Public Law fall within the jurisdiction of the committee H. Con. Res. 173: Mr. SAXTON, Mr. VIS- 104–46, title I (109 Stat. 405); jointly, to the concerned. CLOSKY, Mr. MCNULTY, and Mr. SERRANO. Committees on Transportation and Infra- By Mr. SANDERS (for himself, Mr. H. Res. 30: Mr. PASTOR. structure and Appropriations. FRANK of Massachusetts, Mr. H. Res. 439: Mr. TATE. H6118 CONGRESSIONAL RECORD — HOUSE June 10, 1996 AMENDMENTS PUBLIC LAW 480 PROGRAM AND GRANT ACCOUNTS market access activities under section 203 of Under clause 6 of rule XXIII, pro- For necessary expenses for commodities the Agricultural Trade Act of 1978 (7 U.S.C. posed amendments were submitted as supplied in connection with dispositions 5623) may be used to promote the sale or ex- port of alcohol or alcoholic beverages. None follows: abroad pursuant to title II of the Agricul- tural Trade Development and Assistance Act of the funds appropriated or otherwise made H.R. 3603 of 1954 (7 U.S.C. 1721 et seq.), $837,000,000, to available by this Act may be used to pay the OFFERED BY: MR. DEFAZIO remain available until expended. salaries of employees of the Department of AMENDMENT. No. 1: At the end of the bill H.R. 3603 Agriculture who provide assistance under (page 69, after line 5), insert the following OFFERED BY: MR. GOSS such section to promote the sale or export of new section: alcohol or alcoholic beverages. SEC. . (a) LIMITATION ON USE OF FUNDS.— AMENDMENT NO. 4: Page 51, line 23, strike None of the funds made available in this Act ‘‘1727–1727f,’’. H.R. 3603 may be used for predator control efforts Page 52, line 4, insert ‘‘and’’ before ‘‘(3)’’. under the Animal Damage Control Program Page 52, line 7, strike ‘; ‘and (4)’’ and all OFFERED BY: MR. KENNEDY OF in the western region of the United States, that follows through ‘‘Act’’ on line 9. MASSACHUSETTS except when it is made known to the Federal Page 52, line 11, insert ‘‘such’’ before AMENDMENT NO. 7: At the end of the bill official having authority to obligate or ex- ‘‘title’’. (page 69, after line 5), insert the following pend such funds that the control efforts pro- Page 52, line 12, insert ‘‘such’’ before tect human health or safety or endangered ‘‘title’’. new section: or threatened species. H.R. 3603 SEC. 726. None of the funds appropriated or (b) CORRESPONDING REDUCTION IN FUNDS.— otherwise made available by this Act for OFFERED BY: MR. HOBSON The amount otherwise provided by this Act market access activities under section 203 of for salaries and expenses with respect to the AMENDMENT NO. 5: On page 69, after line 5, the Agricultural Trade Act of 1978 (7 U.S.C. Animal Damage Control Program under the add the following new section: 5623) may be used to promote the sale or ex- heading ‘‘ANIMAL AND PLANT HEALTH INSPEC- SEC. . None of the funds made available in port of alcohol or alcoholic beverages. None TION SERVICE’’ is hereby reduced by this Act may be used to administer a peanut $13,400,000. program that maintains a season average of the funds appropriated or otherwise made available by this Act may be used to pay the H.R. 3603 farmers stock price for the 1997 crop of quota salaries of employees of the Department of OFFERED BY: MR. GOSS peanuts in excess of $625 per ton. Agriculture who provide assistance under H.R. 3603 AMENDMENT. No. 2: Page 17, line 17, after such section to promote the sale or export of the first dollar amount, insert the following: OFFERED BY: MR. KENNEDY OF alcohol or alcoholic beverages. ‘‘(reduced by $16,209,000)’’. MASSACHUSETTS H.R. 3603 AMENDMENT NO. 6: At the end of the bill, H.R. 3603 OFFERED BY: MR. GOSS insert after the last section (preceding the OFFERED BY: MR. LUCAS AMENDMENT. No. 3: Page 51, strike line 17 short title) the following new section: and all that follows through page 52, line 24, SEC. 726. None of the funds appropriated or AMENDMENT NO. 8: Strike section 728, page and insert the following: otherwise made available by this Act for 66, line 15, through page 67, line 3. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, MONDAY, JUNE 10, 1996 No. 84 Senate The Senate met at 12 noon and was Mr. KYL thereupon assumed the endar No. 253, S. 1438. This deals with called to order by the Honorable JON chair as Acting President pro tempore. the World Trade Organization. In fact, KYL, a Senator from the State of Ari- f it is an agreement I made with Presi- zona. dent Clinton. We are talking about pas- RECOGNITION OF THE MAJORITY sage of the GATT agreement. I was PRAYER LEADER concerned about the World Trade Orga- The Chaplain, Dr. Lloyd John The ACTING PRESIDENT pro tem- nization and concerned about there not Ogilvie, offered the following prayer: pore. The distinguished majority leader being enough input from Congress. So Gracious God, thank You for Your is recognized. there was an agreement between my- self and Mickey Kantor, the Trade Rep- faithfulness. You bless us beyond our f expectations and give us what we need resentative, and the President, that we on time, and in time. Today, our pray- SCHEDULE would pursue legislation to give Con- er is for a much better memory of how Mr. DOLE. Mr. President, today, gress additional input and permit Con- You have heard and answered our peti- there is a period for morning business, gress, in certain cases, to withdraw—or tions in the past. with the following Senators in control at least initiate proceedings to with- We commit this day to count our of the designated times: Senator HOL- draw—from the World Trade Organiza- blessings. We thank You for the gift of LINGS, 30 minutes; Senator DOMENICI tion. It was carefully worked out at life, for our relationship with You, for will be controlling the time from 1 to one time. At one time, it had cleared Your grace and forgiveness, for our 3:30; Senator DASCHLE, or his designee, on both sides. Senator BYRD had a families and friends, for the privilege from 3:30 to 4:30; Senator COVERDELL, problem, and I think that problem has of work to do well, for problems and or his designee, from 4:30 to 5:30. now been resolved. perplexities that force us to trust You It is hoped that any Senator wishing I have not asked for much around more, and for the assurance that You to speak on the budget resolution con- here, as far as clearing things for my- can use even the dark threads of dif- ference report will do so today in order self, although I have done it for other ficulties in weaving the tapestry of our to complete action on the budget dur- people. I hope we might be able to clear lives. Knowing how you delight to bless ing tomorrow’s session—hopefully be- this without amendment today and a thankful person, we thank You in ad- fore noon—on that matter. Rollcall send it to the House, so the President vance for Your strength and care votes are possible today. will have it on his desk for signature— today. Thank You not just for what I indicated, I think, on Thursday that which he is perfectly willing to do. You do, but for who You are, our we are still trying to clear a number of It is my understanding that a new blessed God and loving Father. In Your the nominees. We have cleared some. offer will be made with reference to holy name. Amen. We have not had much success in the health reform, the bill that passed this judicial nomination area. I would like, body by a large margin. It is still my f where we can, to dispose of those be- hope—maybe only a hope—that we can APPOINTMENT OF ACTING fore I leave the Senate tomorrow. If complete action on that matter, if not PRESIDENT PRO TEMPORE you want to have a vote, let us have a today, sometime tomorrow. In any The PRESIDING OFFICER. The vote. I hope we can move the nomina- event, it is my hope that we can get clerk will please read a communication tions that may be on the calendar— the agreement. If I am not here to vote to the Senate from the President pro maybe with one or two exceptions—so on it, I hope we can have the agree- ment. It is going to take some give on tempore [Mr. THURMOND]. that those people who have been nomi- The legislative clerk read as follows: nated and have had their hearings will all sides. We cannot have people dic- U.S. SENATE, be able to pursue their careers. tate to us and attack us up in the Press PRESIDENT PRO TEMPORE, I have suggested that, if we cannot Gallery and expect to make any Washington, DC, June 10, 1996. agree on the package, we can start progress. I will not engage in that my- To the Senate: down the list and go one at a time. If self. I do not think that advances the Under the provisions of rule I, section 3, of people want to vote, we will vote on cause of what we are attempting to do. the Standing Rules of the Senate, I hereby judge A, judge B, judge C. That way, at Hopefully, we can reach some agree- appoint the Honorable JON KYL, a Senator from the State of Arizona, to perform the du- least we can dispose of some of those ment on that today. I will do all I can ties of the Chair. matters. to make it happen. I think there has to STROM THURMOND, It is also my hope today that we can be give and take on each side. I think, President pro tempore. clear for immediate consideration Cal- in this case, the House has been very

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

S5985

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VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5986 CONGRESSIONAL RECORD — SENATE June 10, 1996 forthcoming on a number of issues that to leave the Senate, that he was very Senator outlined, it affects millions of we did not want in our bill. It is not in hopeful that this legislation could be Americans. It should be done. And the Senate bill. It is down to the issue achieved while he was still here. maybe—speaking for myself, I would of medical savings accounts. The House As recently as June 6 he indicated like to have it done before I leave. But feels very strongly about it, and I that its chances of success—and I at least if that cannot happen, I would think about half of the Members here think, he accurately portrayed it—are like to have the agreement before to- feel very strongly about it. much greater with his presence here morrow at 2 o’clock, and maybe under So it seems to me that we ought to than without it. So I urge that the ma- the Senate rules we could deem it reach some accommodation on medical jority leader, because of the impor- passed sometime after the House takes savings accounts and send this bill to tance of this legislation, as well as the it up. I will have to check with the the President for his signature. I as- importance that he has placed on this Parliamentarian on that. But if we sume he will sign it. There have been a legislation, and his involvement in it, have something to agree to, everybody lot of different proposals made—some that we would get the agreement, hope- in the Senate, as the Senator knows, rather useless, and others that I think fully pass it while he was here; and I the original bill passed unanimously— have some merit. Hopefully, we can re- was even bold enough to suggest that hopefully we could reach some agree- solve that. he might want to remain here for the ment today, and at least have the I understand Senator KASSEBAUM will next few days until we were able to get agreement entered. Then the Senator be sending us—and maybe it is in my this accomplished. More than 25 mil- from Massachusetts, the Senator from office now—a counterproposal, on lion Americans will be helped each Kansas, and others could dispose of it which I will meet and discuss with my year by this legislation, so it should be later this week. House colleagues, in the hopes that we a top priority. I thank the Senator. can resolve that, too, before the day is I want to ask the leader about his Mr. KENNEDY. I have not seen the out. willingness to accept a reasonable com- proposal, and I would welcome a Mr. KENNEDY. Will the Senator be promise. I know that I speak in this in- chance to review it—and others who willing to yield briefly on that subject stance for the President, who is most have been involved in that endeavor as matter? interested in getting a test of the idea well; not just myself but others. Sen- Mr. DOLE. Sure. of the MSA’s, which is the principal ator KASSEBAUM—we take obviously The ACTING PRESIDENT pro tem- issue at this point. The proposal from her leadership role very seriously. I pore. If the Senator will suspend for a the House would provide the MSA’s for hope that this time that we could work moment, I will take care of another approximately 80 percent of all the out a real evaluation of the concept matter. workers in the country. This obviously without exposing tens of millions of is unacceptable. I am hopeful that, our fellow citizens to serious disrup- f with the majority leader’s assistance, tion in their health insurance if this MEASURE PLACED ON THE we could have a test of the idea so that does not work as well as its advocated CALENDAR—H.R. 3120 we could explore whether it is helpful. claim. That is basically the issue. I The ACTING PRESIDENT pro tem- I think reasonable people could find know Senator KASSEBAUM was strongly pore. I ask the clerk to read a bill for ways of finding a test without adopting committed toward an evaluation, a the second time. a proposal which in effect moves to- reasonable experimentation, a reason- The legislative clerk read as follows: ward coverage of 80 percent of the peo- able assessment, and reporting back. I ple and then eventually moves toward say that would certainly offer an op- A bill (H.R. 3120) to amend Title 18, United States Code, with respect to witness retalia- complete coverage without additional portunity to move this forward. I hope tion, witness tampering, and jury tampering. Senate intervention. This program is that would be the proposal that would potentially too destructive to go that Mr. DOLE. Mr. President, I object to be out there rather than just the impo- route. I hope he will use his own good further consideration of this bill at sition of the program on a vast number offices to try to work with all parties this time. of our citizens. But we will certainly to see if a legitimate proposal that The ACTING PRESIDENT pro tem- look forward to it. could accurately be portrayed as a real I thank the Senator. pore. The bill will be placed on the cal- test of the idea could be put into place. Mr. DOLE. Mr. President, if I could endar. There have been four separate pro- use my leader time. Is leader time re- Mr. KENNEDY addressed the Chair. posals that have been advanced by the served? The ACTING PRESIDENT pro tem- President and by others. There have The ACTING PRESIDENT pro tem- pore. The Senator from Massachusetts. been some which have been advanced pore. Leader time is reserved. f by our Republican friends. The majority leader. But this would be a great victory for HEALTH CARE REFORM f the American people which I think the Mr. KENNEDY. Mr. President, I ap- majority leader ought to share in if we TRIBUTE TO SAM NUNN preciate the majority leader yielding. I are able to over the period of these Mr. DOLE. Mr. President, on August join with him in the eternal hope that, next several hours agree on a real test 4, 1789, in the first year of existence, perhaps while he is still here, there of the idea, and I mean a reasonable the U.S. Senate approved legislation to may be a successful conclusion of this kind of test and examination and eval- establish the Department of War. In legislation; or, if not, at least an agree- uation prior to expanding the proposal. the nearly 207 years since that date, ment can be made that can be followed Am I correct that at least the leader the Senate has always devoted a great up in his absence. I have stated on is going to try to see if that concept deal of attention to matters of national other occasions that the majority lead- could be at least included in these ne- security. er has been very much involved in this gotiations? Few Senators in that time, however, legislation. Mr. DOLE. Mr. President, I thank the have devoted as much attention as Senator KASSEBAUM has been a real Senator from Massachusetts. I under- Senator SAM NUNN of Georgia, who will leader on this issue. It has been a bi- stand we have now received a proposal leave this Senate next January after 24 partisan process in the Senate. Many of from my colleague, Senator KASSE- years of service. While Senator NUNN the ideas that have been incorporated BAUM. We are in the process of review- and I have not agreed on every issue, I in the legislation dealing with pre- ing that proposal. I am not certain am just one of many Republicans who existing conditions, and portability that the Senator from Massachusetts has always respected his expertise and have been incorporated from the legis- has a copy of it. But it indicates that admired his patriotism. lation that the majority leader has of- we might be able to reach some com- I especially recall the affection and fered in the past. Although we have promise. I would like nothing better if admiration which our former colleague had differences on the MSA issue, he, we could conclude that today, have Barry Goldwater had for Senator NUNN. nonetheless, has indicated, since the conferees appointed, and come to a sat- During the first 6 years of the Reagan time that he announced he was going isfactory conclusion because, as the administration, Senator Goldwater and

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S5987 Senator NUNN worked on a bipartisan judges people not by money or posi- Although as of tomorrow, I will no basis to rebuild America’s military. tion—but by character. longer be NANCY’s colleague, I will still Senator NUNN has also worked with It was once written that ‘‘out where be her constituent. And along with all another military expert, Senator RICH- the handclasp’s a little stronger, out other Kansans, I will take great pride ARD LUGAR, in working with the former where the smile dwells a little longer, in being able to say for 6 more Soviet Republic to relinquish their nu- that is where the West begins.’’ months—as I have for 18 years—that clear weapons. If that is the case, then the fact of NANCY KASSEBAUM is my Senator. On nondefense matters, I have appre- the matter is that the West begins f ciated Senator NUNN’s strong support wherever AL SIMPSON is, because wher- TRIBUTE TO SENATOR JIM EXON for a balanced budget amendment, ever he goes, he brings handclasps and product liability reform, and anticrime smiles with him. Mr. DOLE. Mr. President, I have and antidrug efforts. f often said that the people of Kansas and Nebraska share a great deal in The high respect in which Senator TRIBUTE TO NANCY KASSEBAUM NUNN is held in Washington, DC, is common besides a border. We share echoed in his home State of Georgia. In Mr. DOLE. Mr. President, I guess it commonsense values. We share agricul- is hard to pay tribute to my colleague, 1978, Senator NUNN won reelection with tural interests. We share a preference 83 percent of the vote. In 1984, he re- Senator KASSEBAUM, because she has for public officials who say what they ceived 80 percent, he ran completely done such an outstanding job. And will do, and who do what they say. unopposed. there is no question about it. She is the For the past 26 years—8 in the Gov- It goes without saying, then, that most popular politician we have had in ernor’s office, and 18 here in the Sen- our State—the most popular ‘‘politi- Senator NUNN could have won reelec- ate—one of Nebraska’s preeminent pub- tion this year. He has chosen to leave cian in politics,’’ let us put it that way; lic officials has been JIM EXON. some do not like the word ‘‘politi- A small businessman before he en- on his own terms, and I have no doubt cian’’—for years. tered public service, Senator EXON has that his voice will continue to be an Over the past several days, I have devoted a great deal of time to restor- important one for many years to come. paid tribute to those colleagues who ing fiscal responsibility to Govern- f are retiring from the Senate at the ment. Senator EXON practices what he TRIBUTE TO AL SIMPSON conclusion of the 104th Congress; this preaches, regularly returning a sub- Mr. DOLE. Mr. President, as I look is my final tribute. stantial portion of his office allowance During my years representing Kansas back on my years in the Senate, there to the treasury. in the U.S. Senate, it has been my are many Members to whom I am in- Senator EXON has also proposed a privilege to serve alongside two re- debted for the friendship and support budget freeze, and did vote for the bal- markable colleagues from Kansas. anced budget amendment last year. they have given me. I can think of no The first was Jim Pearson, who was a better friend, however, and no more re- And Senator EXON knows how much I Senator of great common sense and regret his decision to now oppose that liable ally than AL SIMPSON. great integrity—a Senator who was As all Members know, AL served for amendment. widely respected by Members on both Senator EXON and I have disagreed on 10 years as Republican whip. And no sides of the aisle. a variety of issues over the years, but doubt about it, he made being Repub- For the past 18 years, I have had the with me—as with every other Sen- lican leader a much easier job. Every privilege of serving alongside another ator—JIM EXON was always upfront and time I needed help, every time there person respected by all Senators for to the point. was work to be done, every time some- her common sense and integrity—Sen- I join with all my colleagues in wish- thing was needed as soon as possible, ator NANCY LANDON KASSEBAUM. ing JIM and Pat EXON the best as they AL SIMPSON was there, getting the job Senator KASSEBAUM is retiring at the return to the State they love so much done, and doing it with the one of a end of this session, so she can spend and have served so well. kind sense of humor that is his trade- more time with her children and grand- f mark. children. The voters of Kansas, who AL SIMPSON is not only one of the have cast their ballots for her in over- TRIBUTE TO ROBERT BYRD wittiest men in Washington, he is also whelming numbers, understand her de- Mr. DOLE. Mr. President, during 1987 one of the most courageous. sire to come home, but they also un- and 1988, I delivered a series of nearly From immigration to entitlement re- derstand that this Chamber will be los- 300 brief speeches on the Senate floor form, he has made a habit of tackling ing one of its most thoughtful and ef- to commemorate the long history of the toughest and most controversial of fective Members. this great institution. issues, calling them as he sees them, NANCY KASSEBAUM does not speak in Each of these so-called Senate bicen- and letting the cards fall where they a loud voice. She does not clamor for tennial minutes focused on a signifi- may. media attention. But as all Senators cant person, custom, or event associ- A few weeks back, much of Wash- know, while her voice may be quiet, ated with the Senate’s development ington gathered to salute AL SIMPSON. her will is strong. For 18 years she has during its first two centuries. Well, actually, much of Washington simply represented the people of Kan- The inspiration for this project came gathered to salute AL’s wife, Ann. I re- sas to the best of her abilities, and she from my fellow floor leader during that gret that a delayed flight kept me from had made a positive difference for Kan- 100th Congress, Senator ROBERT C. attending what by all reports was a sas and America in the process. BYRD. Beginning in 1980, Senator BYRD wonderful evening. Speaker after As a member of the Foreign Rela- launched an unprecedented series of speaker—Republicans and Democrats tions Committee, Senator KASSEBAUM hour-long addresses to the Senate de- alike—rose to salute AL and Ann for all has made a habit of staking out poli- tailing this body’s rich history. The they have done for this institution and cies that provide to be prophetic. She 100-part series was completed in No- this city. was instrumental in the policies that vember 1989. The highlight of the event was when helped to move South Africa away In recognition of this extraordinary former President George Bush offered from apartheid, and she saw Saddam achievement, Congress agreed to pub- an emotional tribute to the man who Hussein as a danger long before many lish these addresses in four richly illus- he called his best friend in the Senate. others. trated volumes that today are univer- While AL’s retirement means that As ranking member and then Chair of sally known as ‘‘Byrd’s Senate His- President Bush is gaining a fishing the Labor and Human Resources Com- tory.’’ buddy, it means that the Senate is los- mittee, she had fought to return dol- Senator BYRD has not only written ing one of its finest. lars and decisions to the local levels, about the Senate’s history, he has also I have said before that AL SIMPSON remembering the words of her father, made it. He has set so many major embodies the American spirit many as- Alf Landon, who once said, ‘‘There are records that he can justly be consid- sociate with the American cowboy. He some smart people in Washington, DC. ered the Cal Ripken and the Michael is honest, independent, and he always There are more of them in Topeka.’’ Jordan of the Senate.

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5988 CONGRESSIONAL RECORD — SENATE June 10, 1996 He has held more Senate party lead- erybody else in. We both understand will not give up medical savings ac- ership offices than any other Member the importance of agriculture, but we counts,’’ and he dared the President to of either party. He has cast more roll- also understand the importance of veto the bill. call votes than any Member in his- other issues that affect our colleagues, Senator DOLE is the only one who can tory—A record that he continues to whether it is health care or whether it break this impasse and persuade House break every day the Senate is in ses- is the WIC Program or food stamps or Republicans to abandon their intran- sion. He has not missed a vote in 12 other things that I worked on a long sigence and pass a bipartisan bill that years, giving him a Senate career vot- time ago with another Senator from the President can sign. Senator DOLE ing average of 99 percent. South Dakota named George McGov- clearly understands how important Finally, ROBERT BYRD is 1 of only 3 ern. this program is to the American peo- Senators in history—that is 3 of 1,827— So I just congratulate Senator ple. When the bill was passed, Senator to have been elected to 7 full 6-year DASCHLE for his great success as the DOLE said: terms. Democrat leader. I thank him for the Common sense has finally prevailed. Pas- Not only has he broken all the courtesies he and Linda have extended sage of this bill will not only improve our records, he has also established an ex- to me and Elizabeth over the past year health care system, it could very well re- store the faith of the American public that ample for the rest of us and for the Na- and a half. And I wish him the best of the work of Congress is not just a series of tion of the best in Senatorial conduct. luck—not everything he would wish, political stalemates. Even in an election ROBERT BYRD’s service to the Senate but the best of luck, particularly when year, we can work on a bipartisan basis to has been characterized by hard work, it comes to his own personal work in pass legislation that will improve the lives attention to detail, boundless energy, the Senate and his own personal life. of so many Americans. and intense loyalty. He does a good job. He works hard. Senator DOLE deserves considerable Mr. President, on October 21, 1988, I We do not surprise each other. We trust credit for this bill. All of its reforms dedicated my final bicentennial minute each other; no games. And that is what were also included, in one form or an- to Senator BYRD and his remarkable makes the Senate work. other, in the health insurance bill he contributions as a Senate leader. f introduced in the last Congress. It also And now, on June 10, 1996, my next to includes constructive proposals that he MORNING BUSINESS last day here in the Senate, I want to offered for aid to small business, and to repeat the words I said 8 years ago: The ACTING PRESIDENT pro tem- help families meet the high cost of The final chapter in ROBERT BYRD’s history pore. Under the previous order, there long-term care, and to crack down on is not likely to be written for some time, yet will now be a period for the transaction fraud and abuse in Medicare and Med- it is safe to say that he has set a standard as of morning business with statements icaid. a Senator, as a legislative leader, and as a permitted not to exceed 5 minutes in Last week, Senator DOLE said, ‘‘I’m statesman that will stand among the best as length, with Senator HOLLINGS to con- afraid if I leave and it’s not done, it long as there is a Senate. trol 30 minutes and Senator DOMENICI might not happen.’’ He is right. No one f or his designee to control from 1 to 3:30 else has the ability to persuade House TRIBUTE TO TOM DASCHLE p.m., the Democratic leader is des- Republicans to back off their extreme ignated to control from 3:30 to 4:30, and position. If Senator DOLE means what Mr. DOLE. Mr. President, during my Senator COVERDELL or his designee to he says, he should postpone his depar- more than 11 years as Republican lead- control from 4:30 to 5:30. ture from the Senate for a few days and er, it has been my privilege to serve Mr. HOLLINGS. Mr. President, I ask pass this bill. He can do a great deal of across the aisle from three Democrat unanimous consent that we slightly good for the American people by stay- leaders. amend the unanimous consent agree- ing for a few days and finishing this Senator BYRD sat in the leader’s ment. The distinguished Senator from legislation. chair for 4 of those years, Senator Massachusetts wants 6 minutes. I ask Medical savings accounts are a high- George Mitchell for 6, and Senator TOM unanimous consent to yield him the 6 ly controversial issue that does not be- DASCHLE for the past year and a half. minutes now and that I be granted my long on this bill except on the basis of When Senator DASCHLE became lead- full half-hour, until just past 1 o’clock. a carefully controlled test. MSA’s have er in January 1995, I said then that I The ACTING PRESIDENT pro tem- the potential to severely undermine had learned that the only way the Sen- pore. Without objection, it is so or- the current health insurance system ate can run effectively is for the two dered. that millions of Americans rely on— leaders to have a relationship based on The Senator from Massachusetts. particularly those with serious ill- absolute trust. Mr. KENNEDY. I thank the Senator nesses or disabilities. While Senator DASCHLE and I have from South Carolina for his courtesy. MSA’s are likely to raise health in- disagreed on the vast majority of f surance premiums through the roof and issues before the Senate, and while he make insurance unaffordable for large MEDICAL SAVINGS ACCOUNTS AND used the Senate rules to the minority’s numbers of citizens. They will discour- THE HEALTH INSURANCE RE- full advantage—just as I did when I was age preventive care and raise health FORM BILL in his position, our relationship has care costs. They are a multibillion-dol- been one of trust and mutual respect. Mr. KENNEDY. Mr. President, the lar tax giveaway to the wealthy and In fact, Senator DASCHLE has seemed insistence of the House Republican healthy at the expense of working fam- to enjoy the job of minority leader so leadership on forcing medical savings ilies and the sick. Their cost could bal- much, that I have told him one of my accounts into the Kassebaum-Kennedy loon the deficit. wishes on departing the Senate is that bill has become the Trojan Horse that The Kassebaum-Kennedy bill con- he will continue to serve as minority could destroy health insurance reform. tains consensus reforms that virtually leader for many years to come. This untried and dangerous proposal everyone agrees on. It guarantees that I have also told Senator DASCHLE does not belong in the consensus insur- no American will be denied health in- that serving as a Senate leader when ance reform bill. It has already been re- surance or be saddled with exclusions your party holds the While House is of- jected by the Senate. A bill containing for preexisting conditions because they tentimes more frustrating than serving it cannot be enacted into law and change their job or lose their job, or as leader when the opposition party signed by the President. because their employer changes insur- holds the White House. And it is my The Democrats and the White House ance companies. It provides help to hope that he will experience those have offered a fair compromise, which small businesses that want to join to- lower frustrations next January. would provide for a controlled dem- gether to negotiate lower insurance But I want to thank Senator onstration of the MSA concept to see if premiums of the kind that only large DASCHLE. We both come from the same it should be expanded. But the House corporations can obtain today. part of the country, South Dakota and Republican leadership has said that it The bill is truly bipartisan. It passed Kansas, where the weather can do us will be their way or no way. As Major- the Labor and Human Resources Com- in, or do the farmers in, which does ev- ity Leader ARMEY said yesterday, ‘‘I mittee 16 to 0. without medical savings

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S5989 accounts. It passed the Senate 100 to 0, ‘‘could threaten the existence of stand- per family deductible level in the bill is without medical savings accounts. It ard health insurance.’’ Mary Nell a minimum—not a maximum. Compa- will pass the House of Representatives Lenhardt, senior vice president of Blue nies can establish a much higher by a wide margin, if the House Repub- Cross and Blue Shield concluded that level—a $5,000 or $10,000 deductible for lican leadership will permit it to be of- MSA’s destroy ‘‘the whole principle of example. fered. But, so far, they continue to in- insurance.’’ The Golden Rule Insurance Co. has sist that if medical savings accounts The Urban Institute found that, even refused to share any data about its for the special interests are not added under conservative assumptions about plans with the American Academy of to the legislation, there will be no in- how many people would use medical Actuaries or other impartial analysts. surance reform for the American peo- savings accounts, the premiums for Golden Rule knows that medical sav- ple. comprehensive policies could increase ings accounts can’t stand the light of Medical savings accounts sound good by 62 percent. If employers chose to day. in theory. Why not encourage busi- contribute only the cost of the MSA, Further, Republicans are also anx- nesses and individuals to buy less cost- the worker’s share of the premium for ious to include MSA’s in the insurance ly high deductible health insurance a comprehensive policy would rise by reform bill, because MSA’s are part of policies and put the premium savings 300 percent. their longrun plan to dismantle Medi- into a tax-free account that can be American families who choose med- care and turn it over to private insur- used to pay routine medical costs? But ical savings accounts could be exposed ance companies. Tactics like that have in this case, what sounds like good to financial crisis if someone in the no place in a consensus insurance re- medicine in theory is quack medicine family becomes seriously ill. As the form bill. in practice. American Academy of Actuaries said, Proponents of MSA’s make a number Medical savings accounts are an idea ‘‘individuals and families who experi- of claims about the merits of medical whose time should never come. Under ence significant medical expenses soon savings accounts—but these claims estimates by the Joint Tax Committee, after the establishment of MSA pro- can’t stand the truth-in-advertising they are a $3 billion tax break for the grams will face high out-of-pocket test. One major false claim is the alle- wealthy and healthy. costs. These high out-of-pocket costs gation that the savings on the pre- As the Center on Budget and Policy will not be randomly distributed. They mium of a high deductible policy will Priorities said, ‘‘MSA’s create new tax will be concentrated among older pay for a medical savings account cov- shelter opportunities. Use of an MSA workers and their families and among ering the entire deductible. The Urban Institute concluded that would be highly advantageous to sub- those with disabilities and chronic ill- for an individual policy with a deduct- stantial numbers of higher income tax- ness.’’ The last thing that the Amer- ible of $2,000, the savings to the em- payers. Low- and moderate-income tax- ican people need—especially those who ployer that would be a meager $251— payers would receive little or no tax need health care the most—is another leaving you exposed to $1,749 in med- benefits from using MSAs, because massive increase in the cost of medical they either do not pay income taxes or ical costs if you became seriously ill. care. The American Academy of Actuaries pay taxes at much lower rates.’’ The Because they encourage high deduct- compared a family comprehensive plan American Academy of Actuaries con- ible plans, medical savings accounts to an MSA with a deductible of $3,000 cluded that medical savings accounts discourage preventive care. According and found that the family would be ex- are ‘‘Taking money from the unhealthy to the Congressional Research Service, posed to $1,800 in costs before reaching and giving it to the healthy.’’ The the high deductible plans that come the deductible limit. Joint Tax Committee estimated that with MSA’s mean that poor children Nothing in the Republican plan re- only 1 percent of the tax benefits would are 40 percent less likely to get the quires the employer to give all of the go to people with incomes of less than care they need, compared to fully in- savings to the employee. Nothing re- $30,000. sured children. Abandoning preventa- quires the deductible to cap your li- If more people enroll in these ac- tive care is the wrong direction for ability. The insurance company could counts than the estimates predict, the health policy. continue to charge a 20-percent or even cost could rise to tens of billions of dol- Medical savings accounts are also a a 50-percent copayment. In fact, they lars. The Joint Tax Committee esti- giveaway to the insurance companies would not be required to have any mated that only about 1 million poli- who have the worst record of profiting limit at all on your out-of-pocket pay- cies would be sold. But other analysts from the abuses of the current system. ment. have estimated that enrollment could It is no accident that a company like Another claim of the proponents of be many times higher. Those who are the Golden Rule Insurance Co. favors medical savings accounts is that they loudest in their clamor to reduce the medical savings accounts. This com- would reduce costs because people deficit are willing to waste vast sums pany is ranked near the bottom by would shop around for the best care, on this destructive, special interest Consumer Reports because of its inad- and wouldn’t go to the doctor for triv- boondoggle. If we have billions of dol- equate coverage, frequent rate in- ial illnesses. Every family knows that lars to spend on health care, we should creases, and readiness to cancel poli- when someone is sick, the last thing on spend them on reducing the cost of cov- cies. their minds is going from doctor to erage for hard-working American fami- When the Golden Rule Insurance Co. doctor to see who will charge the least. lies or on deficit reduction—not on a withdrew from Vermont because it was No family wants to be in the position perverse scheme to transfer benefits unwilling to compete on the level play- of trying to decide whether chest pains from the poor and the sick to the ing field created by the State’s insur- or any other symptoms are something healthy and the rich. ance reform, Blue Cross and Blue that will pass, or something that needs The most troubling aspect of medical Shield took over the policies. They medical care immediately. savings accounts is the risk that they found that one in four policies included Proponents of MSA’s try to justify will destroy the health insurance pool, controversial extensions. Sometimes, this claim by relying on the Rand and price conventional insurance out of arms, backs, breasts, and even skin health insurance experiment of the the reach of most American families. were written out of coverage. Newborns 1970’s. Joe White of the Brookings In- Medical savings accounts raise pre- were excluded unless they were born stitution points out that, in fact, high miums for the vast majority of Ameri- healthy. deductibles had the effect of reducing cans—especially those who are sick and The Republican medical savings ac- necessary care just as much as unnec- need coverage the most—by siphoning count plan includes no provisions to essary care. People who are sick are the healthiest people out of the insur- prevent abuses like these. Although not responsible for the high cost of ance pool. As premiums rise for every- MSA’s are billed as providing cata- care—health care. Providers are. one else, more and more working fami- strophic protection, there are no prohi- Those who support medical savings lies will be forced to drop coverage. In bitions on unreasonable life-time lim- accounts also say they increase port- the words of the Congressional Budget its, or excessive copayments when the ability by giving you money to spend Office, medical savings accounts deductible level is reached. The $3,000 on health care while you are between

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5990 CONGRESSIONAL RECORD — SENATE June 10, 1996 jobs. That assumes there will be some- fair compromise that the President and support of the Haynesworth nomina- thing in your savings account when Democrats have offered on medical tion. The then distinguished junior you leave your job—and that won’t be savings accounts. And now Republican Senator from Kansas, who had recently true for anyone with significant health House Majority Leader ARMEY has arrived in the Senate, was very, very problems. With hospital costs running made it clear that the Republican helpful to this Senator from South $1,000 a day or more, no one can afford strategy is to force the President to Carolina. the cost of care without insurance. The veto the legislation, and then try to Let me get right to the point, Mr. Kassebaum-Kennedy bill is designed to blame him for the failure to enact the President. I have the greatest respect guarantee access to coverage to people consensus reforms the American people for Senator DOLE. The fact is that who leave their jobs—but it won’t be- need and deserve. when we had the recent Republican pri- come law if medical savings accounts Whether the issue is tax fairness, mary in my State of South Carolina, I are attached to it. preservation of comprehensive health was asked to give my thoughts regard- Advocates also say that MSA’s in- insurance for the vast majority of ing who I thought was the best can- crease choice, but the American people Americans, or the special interests didate in the Republican field. I cat- know better. The choice to pay thou- versus the public interest, medical sav- egorically replied that of those vying sands of dollars for health care you ings accounts are bad medicine for our for the Republican nomination, the dis- need but cannot afford because of a health care system. They are a poison tinguished Senator from Kansas, Sen- high deductible is no choice at all. pill that will kill health insurance re- ator DOLE, could handle the job, and In addition, Republican proponents of form. The President has offered a rea- there is no doubt in my mind that he medical savings accounts note that sonable compromise—but he cannot could. some Democrats have changed their fulfill his obligation to protect the I think his difficulties arise from the position since the last Congress. The health and welfare of the American crowd he has to carry with him, which fact is that MSA’s have received much people by swallowing this Republican gets right to the point of this so-called more analysis in recent years, and the poison pill. balanced budget amendment to the pitfalls are better understood. I voted Senator DOLE understands the impor- Constitution. against them both times they were of- tance of insurance reform. Two years On last week, the distinguished ma- fered in the Labor and Human Re- ago, on August 17, 1994, he stated on jority leader said: sources Committee. In the past, Presi- the floor of the Senate, ‘‘We will be We tried to reach out to those Senators to ensure Social Security surpluses can never dent Clinton said that they are some- back.... And you can bet that health again be used to mask deficit spending. I be- thing we might explore and experiment care will be near the top of our agen- lieve that after a suitable phase-in, the Fed- with but he has never supported their da. . . We ought to take all the com- eral budget could be balanced without count- widespread adoption. Democrats who mon parts of these plans, put them to- ing the surpluses in the Social Security trust supported them in the context of com- gether and pass that bill.’’ A week funds. prehensive health reform understood later, he identified the components of Mr. President, that is a remarkable that they would be an add-on to com- reform that he thought were most im- statement, in light of the history of prehensive coverage with effective portant. He said, ‘‘My second sugges- Social Security and the Social Secu- cost-control, not a substitute. In fact, tion is one that I have made for almost rity trust fund. the sense of the Senate resolution ap- a year and a half. That we pass into Specifically, in 1983, the distin- proved by the Labor and Human Re- law provisions to help those Americans guished majority leader served on the sources Committee on the Health Secu- who cannot afford insurance, who can- Greenspan Commission which was rity Act in 1994 specifically said that not get insurance because of pre-exist- charged with rescuing Social Security. they were to be used ‘‘in conjunction ing conditions, or who cannot keep in- The Greenspan Commission rec- with the comprehensive benefit pack- surance due to a job change.’’ ommended that after a certain period age’’ established by the bill. Medical savings accounts were not on of time—which later that year was Few respectable health policy ana- Senator DOLE’s list then, and they agreed to be 1992—Social Security lysts support medical savings accounts should not be on his list now. should be off budget. We now talk in under today’s conditions. Editorials in Senator DOLE is planning to leave the context of Presidential campaigns the Washington Post, the New York the Senate tomorrow. But he can do and children and grandchildren. But Times, the Los Angeles Times, and the the American people an immense serv- the same was true some 13 years ago, Boston Globe have condemned them. ice if he will put off his departure for a when the majority leader, himself a Most important, the people who need few days and help pass this bill. He member of the Greenspan Commission, good coverage are strongly opposed to knows how important this bill is. He issued its report and said, ‘‘Let’s put this program. The major organizations knows that his participation is essen- Social Security off budget.’’ representing consumers, the elderly, tial if House Republicans are to be per- Thereafter in 1990, I offered a resolu- the disabled, and working families suaded to accept a reasonable com- tion before the Senate Budget Com- have vehemently condemned them. promise. I hope he will act now to end mittee that removed Social Security Who is best capable of speaking for the this shameful gridlock and give the outlays and receipts from deficit cal- interests of American families and who American people the health reforms culations. By a vote of 20 to 1, the need health care—these organizations, they deserve. Budget Committee adopted my amend- or the Golden Rule Insurance Com- The ACTING PRESIDENT pro tem- ment. pany? pore. The Senator from South Caro- When it reached the floor, I teamed Most Republican leaders know that lina. up with the former distinguished Sen- Americans want the consensus reforms Mr. HOLLINGS. I thank the distin- ator from Pennsylvania, Senator John in this bill and have little interest in guished Chair. Heinz, and on October 18, 1990, saw the medical savings accounts. That is why f full Senate adopt our amendment by a Representative KASICH said, on March vote of 98 to 2. We said, Social Security 24, ‘‘We will not let medical savings ac- BALANCED BUDGET should not be used to obscure the size counts destroy the ability to give peo- Mr. HOLLINGS. Mr. President, let of the deficit, that it should be off ple portability and eliminate pre-exist- me revise my original topic. Because budget and that it should never be in- ing conditions.’’ He made a similar the distinguished majority leader is cluded in any reporting of the deficit statement yesterday. leaving, I want to talk in that context. whether by the President or by Con- On March 29, Speaker GINGRICH said When Senator DOLE first came to the gress. he would not let medical savings ac- U.S. Senate, I had recommended Clem- The distinguished Senator from Kan- counts stand in the way of a Presi- ent Haynesworth for the U.S. Supreme sas voted for that amendment. And on dential signature. Court. My distinguished senior col- November 5, 1990, President George But actions speak louder than their league had recommended another indi- Herbert Walker Bush signed it into words. The House Republican leader- vidual for that post, and I was looking law. Today it stands as section 13301 of ship has been unwilling to accept the to the Republican side for leadership in the Congressional Budget Act. So much

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S5991 of the confusion over the budget is Veterans Affairs Jesse Brown casts a clear Two things are going on here. Clinton, in brought about by the failure of politi- light on the reality behind the partisan rhet- his desire to dodge serious cuts in politically cians to respect this law. This is true oric of the past week’s budget debate. popular programs such as Medicare and Med- Bond is chairman of the appropriations even though the continuing validity of icaid, while promising more spending for subcommittee that handles the VA budget. education, the environment and law enforce- the law has since been reconfirmed sev- He was grilling Brown on President Clinton’s ment, is projecting cuts in other programs eral times, by Senator DOLE and Sen- budget proposal for veterans’ health care and that are so severe they will be very hard to ator HOLLINGS and others. hospitalization. For next year, Bond noted, achieve. That is why people like Brown and So I say when the distinguished ma- Clinton is urging a level of spending for this Goldin say the cuts are unimaginable. jority leader says, ‘‘We tried to reach politically important constituency more And second, in order to postpone the pain, out to those Senators to ensure that than $1 billion higher than it was in 1995. But Clinton is telling not just the constituents of the Social Security surplus can never in the following two years—after the elec- the endangered programs but their managers again be used to mask deficit spend- tion—Clinton’s budget would cut that spend- that they will have plenty of opportunities ing from $17 billion down to $14 billion, and in future years to stave off the cuts. ing’’—that is already the law. It is re- then slice it further. That may not be ‘‘cheating,’’ as Rivlin quired. They act like the constitu- How can you meet your obligations to vet- says, but it is playing a game that is too tional amendment would give us some- erans under that budget? Bond asked. ‘‘Sen. clever by half. Balancing the budget means thing new. The truth is, Mr. President, bond, we cannot,’’ Brown replied. If funding making tough choices. Clinton is postponing that the constitutional amendment were to remain flat (as Republicans have those choices and—by giving people the trumps and repeals the existing law. proposed), ‘‘it would force us to deny care to sense that the goal can be reached without That is why we did not get the votes about a million veterans and it would force giving up anything that is important—mak- us to close the equivalent of 41 hospitals. So ing it that much harder when the crunch for the balanced budget amendment. obviously . . . we will not be able to live comes. Here is House Joint Reslution 1. The with the red line’’ showing the postelection language in section 7 clearly includes Mr. HOLLINGS. The most objective, cuts suggested by Clinton. most analytical journalist and edito- Social Security trust funds in deficit And then Brown made this eyebrow-raising rialist that we have writing talks calculations. It states, ‘‘Total receipts statement: ‘‘The president understands that. shall include all receipts of the United I talked with him personally about it and about a budget game. He argues that States Government except those de- . . . he gave me his personal commitment the ‘‘President’s budget is suspiciously rived from borrowing.’’ that he was going to make sure that the na- like a shell game,’’ quoting the distin- But the Government not only bor- tion honors its commitments to veterans and guished Senator from Missouri, Sen- that he will negotiate the budget each and ator BOND as saying, ‘‘It is not an hon- rows from the public markets but also every year . . . with the veterans of the na- from the Social Security trust fund. As est budget.’’ tion.’’ Then let me quote Mr. Broder’s words a result, at least five Senators have Bond: ‘‘So you are saying that these out- further down. said, ‘‘You have got our votes if you years mean nothing. It is all going to be ne- spell out the exclusion of Social Secu- gotiated in the future, so we should not That may not be cheating, as Rivlin says, worry about the president’s budget plan. . . . but it’s playing a game that is too clever by rity trust funds from deficit calcula- half. Balancing the budget means making tions.’’ If we had included such lan- You are not planning to live with that budg- et?’’ tough choices. Clinton is postponing those guage, we could have easily passed the Brown: ‘‘I am not planning to live with it. choices, and by giving the people the sense amendment. I am not planning to live with your budget that the goal can be reached without giving But the majority leader paints a dif- . . . nor am I planning to live with the presi- up anything that’s important. ferent picture. That somehow or other dent’s line.’’ Heavens above. Have we just discov- we need a constitutional amendment Bond: ‘‘You do not work for us. You work ered these budget games? Is the Clin- that repeals the protection that we al- for the president. You are saying that you do ton budget the only one deserving of ready have in the law. That is where I not like our budget, but you know that his blame? Just look at the Republican differ with the distinguished leader. He budget does not mean anything.’’ After this remarkable exchange, Bond budget. Look at the Bush budgets. knows and I know that there are three made similar inquiries of the director of an- Look at the Reagan budgets. Look at stages of denial with respect to the So- other huge agency, Dan Goldin of NASA. He the Carter, Ford, and Nixon budgets. cial Security trust fund, as my distin- too said that White House budget officials We have not had anything but a shell guished friend, Senator DORGAN, has had told him to make no plans based on the game since Senator Lyndon Baines pointed out. First, the statement is sharp cuts indicated for future years in Clin- Johnson balanced the budget back in made that there is no Social Security ton’s budget. As Goldin put it, ‘‘the White 1968–1969. trust fund; second, that there is one, House has instructed us to take no precipi- The press—Mr. Broder and others— but we are not spending it; and, third, tous action on out-year budgets, and we are taking them at their word.’’ continually refer to the Republican there is one, we are spending it, but we To Bond and other Republicans, this looks budget as balanced, but the facts say will stop in the future. suspiciously like a shell game. The president otherwise. I have in my hand the docu- Therein is the source of the inten- has told Congress and the country that he ment itself, the fiscal year 1996 budget tional confusion that is being per- can achieve a balanced budget by 2002, with- resolution conference report. That is petrated on the American public. They out the serious savings in Medicare and Med- what Mr. DOLE says is balanced. ‘‘Last know it, and I know it. That is why I icaid that Republicans have proposed. At the year we passed the first balanced Fed- wanted to come and correct the record, same time, he has said that he can keep eral budget in a generation.’’ Abso- particularly with respect to the state- spending in five or six priority areas at least even with inflation. lutely false. And they know it. ments made by the chairman of the He can do all that, he has said, by cutting On page 3 of their own conference re- Budget Committee, Senator DOMENICI, ‘‘less important’’ spending. Veterans and port, it shows in black and white that and recent statements made in the space budgets are not on his priority list. the expected deficit in the year 2002 is press. But the men running these programs say $108,400,000,000. And over on page 4, the Let me just allude to ‘‘Clinton’s they have assurances that the numbers the debt increases in the year 2002—the Budget Game,’’ by David S. Broder in White House has given Congress are just year of supposed balance—by the Washington Post, dated Sunday, paper figures—not mandates to prepare for $185,100,000,000. belt-tightening. June 9, 1996. White House Budget Director Alice Rivlin How can they talk about a balanced Mr. President, I ask unanimous con- has assured Bond and his colleagues—and budget when on the face of the docu- sent that this particular editorial be then tried to convince me—that there is no ment itself it shows a $108 billion def- printed in the RECORD in full. contradiction. ‘‘Simply put,’’ Rivlin wrote icit? The distinguished majority leader There being no objection, the edi- Bond, ‘‘the president is committed to the has to know better when he says, ‘‘Last torial was ordered to be printed in the discretionary savings needed to help reach year we passed the first balanced Fed- RECORD, as follows: balance in 2002 . . . but will continue to re- eral budget in a generation.’’ It is abso- [From the Washington Post, June 9, 1996] visit decisions about specific programs one lutely false. year at a time.’’ CLINTON’S BUDGET GAME ‘‘Nobody is cheating,’’ Rivlin insisted in an Let me take one other particular (By David S. Broder) interview with me. statement, because the distinguished A recent exchange between Sen. Chris- ‘‘I don’t think it washes,’’ Bond said. ‘‘It’s leader is, of course, the Republican topher (Kit) Bond (R-Mo.) and Secretary of not an honest budget.’’ candidate for President. We are so

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5992 CONGRESSIONAL RECORD — SENATE June 10, 1996 quick to accuse the other of not lead- to the rate of unemployment, and the size of Given the centrality of the 1993 budget act ing. In fact, Senator DOLE says that the federal budget deficit. to the Clinton Administration’s record, it is the balanced budget amendment dem- At the moment, the unemployment rate is surprising how little attention has been paid 5.4 per cent, and the inflation rate is 2.9 per to its results. Even some people in the White onstrates that the President lacks cent. Added together, these numbers produce House are reluctant to discuss the subject, leadership. I quote again: a misery index of 8.3, which is an extremely for fear of reminding voters of the 1993 tax President Clinton’s opposition continues to low number. The last year it was lower was increases. This is odd, because the story that be the single largest obstacle standing in the 1968, when the unemployment rate was 3.6 has not been told is that the deficit-reduc- way of a balanced budget amendment to the per cent and the inflation rate averaged 4.2 tion policy turned out to be far more suc- Constitution. per cent. For much of the nineteen-seventies cessful than even its authors had dared I have not heard anything from and eighties, the misery index was well into hope—a point made to me by Alan Blinder, a double digits. As recently as 1992, it stood at President Clinton or the White House Princeton economics professor and a former 10.4. vice-chairman of the Federal Reserve Board, concerning the balanced budget amend- Perhaps the most important, and least her- who was a White House economic adviser ment. But then again I happen to know alded, achievement of the Clinton Adminis- during 1993 and 1994. ‘‘The real story is that that the single greatest obstacle to a tration is the improvement it has wrought in a calculated risk was taken, and in this case balanced budget amendment is the in- the national finances. According to the Con- it turned out far better than anybody had transigence of the Republican leader- gressional Budget Office, the federal budget any reason to expect,’’ Blinder said. ‘‘There deficit for the 1996 fiscal year, which began are plenty of gambles in life that don’t turn ship with respect to not protecting the last October, will be about $145 billion. This out well. This is one that turned out ex- Social Security trust fund. is a large number, but it is only half the size Because my time is limited, let me tremely well.’’ of the deficit that the federal government re- It is easy to forget how controversial the say a word about deficits and refer im- corded in 1992, which was $290 billion. And deficit-reduction policy was in 1993, even these raw numbers don’t tell the full story. mediately to another article. within the White House. Two books about In ranking budget deficits, economists usu- Mr. President, I ask unanimous con- the first year of the Clinton Administra- ally look at them in relation to the size of sent to have printed in the RECORD the tion—Bob Woodward’s ‘‘The Agenda’’ and the economy. Measured in this way, the fed- Elizabeth Drew’s ‘‘On the Edge’’—portrayed article in full, the ‘‘Ace in the Hole’’ by eral deficit this year will be about 1.9 per a government driven by internal dissension. John Cassidy in the recent New Yorker cent of the gross domestic product, accord- At various points during that year, Hillary magazine dated June 10, 1996. ing to the C.B.O. This figure is down from 4.9 Clinton, George Stephanopoulos, Paul There being no objection, the article per cent in 1992; indeed, it is the lowest such Begala, Stan Greenberg, and Mandy figure recorded since 1979, the year before was ordered to be printed in the Grunwald all expressed serious doubts about RECORD, as follows: Ronald Reagan was elected, when the budget deficit was just 1.7 per cent of G.D.P. the deficit-reduction strategy. Begala, in [From the New Yorker, June 10, 1996] Statistics like these are what prompted particular, complained repeatedly that the ACE IN THE HOLE President Clinton to make the recent claim, White House was ‘‘obsessed’’ with the budg- (By John Cassidy) which had all the earmarks of election-year et. Even the President himself had mixed feelings. According to Drew, he considered It was James Carville, Bill Clinton’s fast- hyperbole, that the United States economy deficit reduction a ‘‘rich man’s issue,’’ and talking political consultant, who in 1992 put is ‘‘the healthiest it’s been in three decades.’’ Woodward says he several times referred to up a now famous handwritten sign at the Surprisingly, the President is not the only one making such apparently outlandish his own budget plan as ‘‘a turkey.’’ Little Rock campaign headquarters saying, The Woodward and Drew books were solid ‘‘The Economy, Stupid.’’ Actually, as statements. In March, DRI/McGraw-Hill, a leading firm of economic consultants, issued works of reporting, but both essentially Carville reminded me recently, the sign also stopped at the end of 1993, when the budget contained two other statements—‘‘Change a report saying that ‘‘normal economic indi- cators’’ suggest that the economy ‘‘is in its act had become law. In terms of how the def- vs. more of the same’’ and ‘‘Don’t forget icit-reduction policy actually affected the health care’’—but it was the first one that best shape in decades.’’ When I asked David Wyss, the Harvard-trained economist who is economy, the story only begins then. captured the moment. Indeed, were it not for The biggest danger back in early 1993 had the economic malaise that gripped the coun- the research director of DRI/McGraw-Hill, how he came to make that statement, he ex- been that the budget package would tip the try in late 1991 and early 1992 we might now economy into another recession. As anyone be discussing a Quayle-Gore Presidential plained, ‘‘If you look at the economy during the Clinton Administration, you have to say who suffered through Econ 101 will recall, race. raising taxes and reducing government This time around, the economy looks dif- that it’s been a success. We have low infla- tion, full employment, and steady growth. spending both tend to reduce the over-all ferent, which is excellent news for the White level of demand for goods and services in the House, although it tends to be overshadowed This is really just about the best of all mac- roeconomic worlds.’’ economy. President Clinton is a lawyer, not by more dramatic stories, such as the recent To understand how the present economic an economist, but he knew enough about the Whitewater convictions. A glance at history situation came about, we must go back to a dismal science to see a potential fiasco in confirms the point. Of the sixteen occasions winter morning in Little Rock thirteen days the making. ‘‘You have to remember that over the past century in which sitting Presi- before the Inauguration. On that day, Janu- the economy was perceived to be very fragile dents have run for another term, just five in- ary 7, 1993, the President-elect’s entire eco- back then,’’ Gene Sperling, a senior White cumbents lost: Taft, Hoover, Ford, Carter, nomic and political team gathered in the Ar- House economic adviser, recalls. ‘‘There was and Bush. The elections of 1912 and 1976 must kansas Governor’s Mansion. Leon Panetta, lots of talk about the possibility of a double- be seen as anomalies—thanks to Teddy Roo- the prospective White House budget director, dip recession. The President’s initial reac- sevelt’s Bull Moose campaign and Richard presented the Bush Administration’s final tion was: If I call for a major fiscal contrac- Nixon’s Watergate coverup, the incumbent forecast, which had just been released in tion, won’t there be a recession?’’ Republican Party self-destructed in those Washington. It predicted a budget deficit of At the same time, Republican leaders in years—which leaves 1932, 1980, and 1992, all $305 billion for 1997, an increase of $70 billion Congress were warning of imminent disaster. years of financial gloom. In 1932 and 1980, the over previous estimates. Panetta believed ‘‘I believe this will lead to a recession next economy was actually in a slump, and in 1992 the actual figure could be as high as $360 bil- year,’’ Newt Gingrich declared following the it was just emerging from a recession the lion. House vote on the budget package, which previous year. By the end of that January day, after six ended in a nerve-racking 218–216 victory for Despite some suggestions to the contrary— hours of discussions, the nascent Adminis- the President. ‘‘This is the Democrat ma- notably by the Heritage Foundation, a con- tration had agreed on a course of action that chine’s recession, and each one of them will servative think tank—this year cannot be would define the forty-second Presidency. be held personally accountable.’’ compared with 1992, let alone 1980 or 1932. In Clinton had been elected on a potentially Even some of the President’s economic ad- the first quarter of 1996, inflation-adjusted contradictory platform of tax cuts for the visers were worried about the possible im- growth in national output, which is the middle class, faster economic growth, and pact of the planned spending cuts and tax in- broadest index of economic performance, was budget-deficit reduction; in Little Rock he creases. The economic models they relied on 2.3 per cent on an annualized basis; over the decided to sacrifice the first promise and suggested that another slump was unlikely, full course of the Clinton Administration, prejudice the second in order to achieve the but the models could not rule out a ‘‘growth such growth has averaged around 2.5 percent third. recession’’ of the sort that so damaged the a year. This record is about average for the The result of this decision, following eight Bush Administration. Despite their private post-1973 era but well above the growth rate months of intense political struggle, was the fears that history might repeat itself, the of 1.6 per cent eked out during the Bush Omnibus Budget Reconciliation Act of 1993, economic advisers argued that deficit reduc- Presidency. A number of other measures also which pledged to reduce the budget deficit by tion was the right thing to do—on both theo- suggest that the economy is doing signifi- a total of about $500 billion over four years. retical and practical grounds. cantly better than it was four years ago: two This would be achieved through a program of The theoretical argument was one that of the most widely followed are the ‘‘misery about $250 billion in spending cuts and about mainstream economists had been making index,’’ which is the rate of inflation added $250 billion in tax increases. ever since 1981, when Ronald Reagan’s tax

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S5993 cuts put the economy on the path to fiscal ington gimmick. ‘‘We all believed in the di- investment, the type of spending most re- chaos: budget deficits lead to higher interest rection of the argument, but even the models sponsive to the cost of credit. Business in- rates and lower business investment, and themselves were uncertain about the size of vestment has grown by eleven per cent a lower investment, in turn, restricts produc- the effects and how fast they would occur,’’ year since 1993, which, as Tyson points out, tivity growth and technical progress, which Tyson recalls. ‘‘There was a range of esti- is the highest rate of growth since the Ken- are the keys to future prosperity. Laura mates.’’ nedy Administration. As a percentage of D’Andrea Tyson, the Berkeley professor who In order to provide an alternative short- G.D.P., investment rose from 12.7 per cent in headed the White House Council of Economic term stimulus to the economy, the White 1992 to 14.8 per cent in 1994. Much of this Advisers, repeated this argument to Clinton House proposed an immediate $16 billion pro- extra capital spending has gone into high but coupled it with a more immediate argu- gram of public investments. ‘‘People called technology, and especially into computers ment: budget deficits not only do long-term it old-fashioned Democratic spending, but it and telecommunications equipment—areas damage but can lead to disastrous financial was really done as an insurance policy,’’ in which American companies now lead the panics in the short or medium term, and Sperling explains. Congress killed the stim- world. Whether this upturn in investment these panics, which have stricken many de- ulus package, however, leaving the advisers will lead to a higher rate of productivity veloping countries, occur when investors lose in the White House even more beholden to growth throughout the economy is unclear— faith in the political system. Wall Street, a place few of them knew well. the results so far are somewhat dis- From the perspective of mid–1996, it may The one senior official who knew a lot appointing—but it is precisely what econo- sound unrealistic to suggest that the United about bond markets was Robert Rubin, the mists of all political hues have been recom- States Treasury could ever experience such a head of the newly created National Eco- mending for more than a decade. ‘‘I remem- crisis of confidence, but back in 1992 percep- nomic Council, for he had only recently left ber saying very clearly in the first year that tions were different. In the twelve years Goldman, Sachs, the highly profitable in- what this is all about is shifting resources since Reagan’s election, the amount of out- vestment-banking and securities firm, after toward interest sensitive private spending,’’ standing federal debt had risen, from $909 bil- twenty-six years. Rubin, who later succeeded Tyson says. ‘‘That is exactly what has hap- lion to more than $4 trillion. Even allowing Lloyd Bentsen as Treasury Secretary, was a pened.’’ for growth in the economy, that rise was dra- passionate believer in deficit reduction; in- Bob Dole’s difficulties in constructing an matic. The total federal debt as a percentage deed, he saw it as a ‘‘threshold issue,’’ which effective critique of Clinton’s economic poli- of G.D.P. had risen between 1980 and 1992 had to be dealt with before anything else cies are obvious. (After building a consider- from 34.4 per cent to 67.6 per cent, and it positive could happen to the Administration. able reputation for fiscal rectitude in the seemed to be on an inexorable upward trend. But even he was far from certain how his Senate, he is now said to be mulling throw- ing it away by proposing an across-the-board ‘‘We all attached some not insignificant former colleagues would react to the budget reduction in income-tax-rates.) As a matter probability to a scenario of financial-market package. ‘‘We’d seen a long period during of logic, the Republicans have only two al- instability if we didn’t take a credible posi- which the political process had not dealt ternatives: to say that things are not as good tion on the deficit,’’ Tyson told me. ‘‘Given with the deficit,’’ Rubin explained to me re- as they seem or to say that things are as the growth of total debt relative to output, cently. ‘‘Given the very high level of skep- good as they seem but Clinton has nothing there really was a danger that at some ticism in the markets about the willingness do with it. Earlier this year, Dole seemed to point—nobody could know when—the United of the system to make tough decisions, it be veering toward the first approach. Speak- States could hit a confidence problem.’’ was unclear how long it would take before ing in New Hampshire on February 13th, he Bill Clinton didn’t need much convincing the market gave us credit for deficit reduc- said, ‘‘Corporate profits are setting records, that budget deficits were bad, but he did tion. There was at least the possibility that but so are corporate layoffs. And middle- need a good deal of reassurance that doing the skepticism would last much longer than class families feel less and less secure about something about them wouldn’t wreck his we projected, in which case it could have up- the future. There is a wide and growing gap chances of reelection. In making a practical ended our program.’’ between what the government’s statistics case for deficit reduction, his advisers relied In the event, the bond market’s reaction to say about our economy and how American primarily on one of the institutions that the the Clinton fiscal plan was remarkably posi- families feel about it.’’ Democratic candidate had railed against in tive. In the twelve months following Clin- It struck me that these words could have his populist attack on the Reagan-Bush ton’s election, long-term interest rates tum- been spoken by Carville, by his colleague years; the Wall Street bond market. bled from 7.75 per cent to a low of 5.78 per Begala, or by Labor Secretary Robert Reich. Their argument was that deficit reduction cent—the lowest level since the Treasury All of them have put a similar argument to needn’t necessarily be a drag on the econ- started selling thirty-year constant-matu- me in recent months, and there is clearly omy, as Econ 101 models suggest, because rity bonds, in 1977. After spiking up sharply some truth in it. Wage for middle-income these simple models ignore the effect a cred- in 1994, as the Fed raised short-term rates, households have been stagnant since the ible fiscal plan can have on the bond market. long-term rates fell back down, and they mid-nineteen-seventies, and the over-all in- If bond traders could be persuaded that the have stayed low ever since. At the moment, equality of income and wealth has risen planned budget cuts were real, they would they are still under seven per cent, which is sharply. These long-term problems have not bid down long-term interest rates, and the remarkable for an economy that is in its been solved by the Clinton Administration, decline in rates would provide a boost to the fifth year of recovery, with unemployment and they will continue to plague the country economy which would at least partly offset at 5.4 per cent. long after November’s election. The sad fact the proposed higher taxes and lower govern- It is one of the richest ironies of recent is that they are so deeply rooted in the way ment spending. The key thing to understand, years that the much maligned bond traders, capitalism is evolving that no Presidential as the experts explained to the President- acting entirely in their own interest, bailed candidate—and certainly not a Republican elect, was that the long-term interest rate is out a Democratic Administration that was believer in laissez-faire—is in any position to determined not by the government but by fighting to raise their marginal tax rates offer a credible remedy in just four years. the bond market; in fact, it is basically equal sharply. In the White House, officials Thus, it was always going to be problem- to the nominal coupon on a thirty-year bond watched the action on Wall Street with sur- atical for Dole to pursue a Reichian line for divided by the bond’s market price, so any- prise and delight. ‘‘The markets gave credi- long. Predictably, once a Pat Buchanan was thing that raises bond prices also reduces bility to this program more rapidly than safely in his rearview mirror he eased up on long-term interest rates. There was a sequel folks had expected—and, frankly, more rap- the populist pedal. There may be sound polit- to the story. If, in addition to the favorable idly than I had expected,’’ Rubin says. Even ical as well as personal reasons for his switch bond-market reaction, the Federal Reserve’s Blinder, who had presented the bond market of tactics. Although the country does face response to the budget package was to cut argument to the President-elect in Little serious problems, there is evidence that most short-term interest rates, which are under Rock, was stunned. ‘‘I never thought we’d Americans are more upbeat about the econ- its control, then deficit reduction might not get the bond rate down to 5.8 per cent,’’ he omy than Buchanan believes they are. This slow the economy at all. now admits. ‘‘I don’t think any of us thought spring, Frank Newport and Lydia Saad, two When this scenario was laid out for the it would get that low. If you’d polled econo- top editors of the Gallup poll, published a lit- President-elect in Little Rock, it did not go mists back then and said we’re going to drive tle-noticed article in The Public Perspective down well, as Woodward recorded: ‘‘At the the long-term interest rate below six per addressing the widespread belief that the President-elect’s end of the table, Clinton’s cent, I don’t think one in a thousand would electorate is still in a funk about the econ- face turned red with anger and disbelief. have believed you.’’ omy. Their conclusion: ‘‘When compared to ‘You mean to tell me that the success of the With interest rates so low, the economy four years ago, Americans’ current take on program and my reelection hinges on the grew at a rate that made a mockery of the the economy and their personal finances is Federal Reserve and a bunch of ——— bond Republicans’ dire predictions. In 1994, the noticeably bright and certainly suggests traders?’ he responded in a half whisper. first year the deficit package started to bite, that . . . incumbent Bill Clinton is in a much Nods from his end of the table. Not a dis- the economy expanded by a healthy 3.5 per better position vis-a-vis reelection than was sent.’’ cent. In 1995, growth fell back to two per George Bush four years ago.’’ Clinton’s advisers were well aware that re- cent, but current indications are that it will At least three of Gallup’s findings are lying on the bond market was a high-risk be back around 2.5 per cent this year. worth mentioning. In January of this year, strategy: traders might ignore the budget The easiest way to trace the impact of the just fourteen per cent of those polled—down package, or dismiss it as another Wash- falling interest rates is to look at the path of from forty-two per cent in 1992—identified

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5994 CONGRESSIONAL RECORD — SENATE June 10, 1996 the economy as the most pressing problem summer, when the budget looked shaky, in- during the past fifteen years the budget facing the country. In March, when Gallup terest rates stopped falling. Then the budget would now be balanced. asked people to describe business conditions passed in August and interest rates plum- Both Alan Greenspan and his predecessor, in their own community, seventy-one per meted.’’ Paul Volcker, have gone on the record to cent said local conditions were ‘‘good’’ or Officials in the White House were well praise the 1993 package. ‘‘I don’t think there ‘‘very good’’—a number as high as any re- aware of how closely their actions were is any doubt that the package was part of an corded since 1961. In the same poll, fifty per being monitored in the bond market. On one honest effort to reverse the trend of the cent said they were financially better off occasion, Lloyd Bentsen suggested on ‘‘Meet budget deficit,’’ Volcker told me. ‘‘I wouldn’t than a year previously—up from twenty-nine the Press’’ that the deficit-reduction pack- call it particularly structural, in the sense per cent in June of 1993. In interpreting this age might include an energy tax, as it even- that it didn’t involve any constructive finding, Newport and Saad wrote, ‘‘Ameri- tually did. The very next day, bond prices changes in the tax system, and it certainly cans are as likely to claim that they are soared, and interest rates dropped to a six- didn’t resolve the entitlements problem, but ‘better off financially’ than they have been year low. Bensten was so impressed by the it was an honest-to-goodness attempt to at any point at which the comparable ques- market reaction that he clipped a report come to grips with the budget deficit.’’ tions have been asked since 1976.’’ from the Wall Street Journal and read it One of the minor mysteries of the current If doom and gloom won’t work against aloud at a meeting of the National Economic political constellation is why, when deficit Clinton, what will? One person who might Council, in the Roosevelt Room. reduction is the unquestioned mantra of the have the answer is Martin Feldstein, a Har- Feldstein’s dismissal of the budget deficit moment, President Clinton doesn’t get more vard professor of economics who was the as not being ‘‘structural’’ is also question- public credit for reducing the deficit. chairman of the Council of Economic Advis- able. When professional economists speak of Unsurprisingly, this infuriates James ers under Ronald Reagan. Feldstein, who is ‘‘structural budget deficits,’’ they are not re- Carville. ‘‘The people who are never called to acting as an informal adviser to Dole, rec- ferring to the deficit number that dominates the bar of justice are all those who said when ommends the second option open to the Re- public discussion. The publicly discussed def- the President’s economic program was publican candidate: admit that the economy icit number goes up during economic passed that it was going to be a disaster!’’ he is doing well but tell the voters that Bill downturns, when tax payments fall, and shouted on the phone to me. ‘‘If people were Clinton has nothing to do with it. Shortened down in boom times, when tax payments put on trial for economic stupidity, these to two words, Feldstein’s argument could be rise. Structural deficits, by contrast, are cal- people who said the plan would cause hard- expressed like this: Alan Greenspan. culated by stripping out these cyclical ef- ship would all be felons!’’ ‘‘I think that the good performance of the fects, so that the underlying relationship be- Of course, as I mentioned earlier, one of those criticizing the budget package was economy can be attributed primarily to the tween taxes and spending can be seen regard- Begala, a former colleague of Carville’s. Federal Reserve,’’ Feldstein told me recently less of where the economy is positioned in Begala no longer works for the White House, from his home, in Belmont, Massachusetts. the economic cycle. According to Feldstein, but when I tracked him down, in Texas, he ‘‘Having set the goal of low inflation back in the structural deficit has dropped by at most was unapologetic about his stand back in the early nineteen-eighties, they have really $40 billion since 1992, and most of the $145 1993. ‘‘If reduced to their core, the arguments stuck to it. That is the principal reason in- billion fall in the over-all deficit is due to were these,’’ he said. ‘‘The economic advisers terest rates have come down, and why we the economic upturn. saying, ‘Do this, because it will be good for have had this long recovery. If you put Sad- An independent arbiter, the Congressional the economy.’ The political advisers saying, dam Hussein aside, we’ve been in recovery Budget Office, which regularly estimates the ‘If you do this it will hurt us politically.’ I structural deficit, found otherwise. Accord- since 1982. That’s where I put the credit, think history has proved us both right.’’ ing to the C.B.O.’s latest calculations, pub- rather than in the tax bill of 1993.’’ Given the disastrous results for the Demo- According to Feldstein, whose ideas are lished last month, the structural deficit fell crats of the 1994 midterm elections, even likely to figure prominently in Dole’s cam- from $224 billion in 1992 to $154 billion in some of President Clinton’s economic advis- paign, the lower interest rates induced by 1996. These numbers imply that $70 billion— ers concede the point. Gene Sperling said, Greenspan’s policies can also explain most of or slightly less than half—of the total fall in ‘‘The Republicans, by being so repetitious the budget-deficit reduction that has taken the budget deficit since 1992 was caused by with their ‘largest tax increase in history’ place in the past three years. ‘‘If you take the 1993 deficit-reduction package, and line, were able to reinforce a definition the reduction from $290 billion to $145 billion slightly more than half was due to the eco- which people already had of Democrats. So this year, Bill Clinton can indeed say he cut nomic recovery. it’s hard to look back and say the political While the $70 billion estimate is much the deficit in half as promised,’’ Feldstein advice had no merit.’’ said. ‘‘But you can actually explain most of larger than Feldstein’s $40 billion figure, it On the other hand, as Sperling and others that by the recent decline in unemployment may actually understate the real impact of point out, the 1993 deficit-reduction package and the rise in economic activity. Only the Clinton package—a point I was reminded produced a variety of long-term benefits that about forty billion of the deficit reduction of the independent economic forecaster are only now paying off. ‘‘We are going into has been structural.’’ David Wyss. According to his calculations, if 1996 with a level of achievements that we To support his case, Feldstein and a col- the 1993 deficit-reduction bill had not been could never have had if we had not done league recently published a research paper passed the structural deficit would have this,’’ Sperling said. ‘‘Also, the fact that we arguing that the 1993 tax increase on high-in- grown and would now be about $100 billion have brought down the budget deficit puts us come earners raised less than half as much higher than it actually is. in a far better position to protect ourselves revenue as the Treasury Department had Wyss also made another point that is often against the more severe kind of stuff that predicted. The paper covered only the 1993 overlooked in the current debate about the the Republicans can throw at us.’’ fiscal year, and the Treasury responded by budget deficit. ‘‘We complain about it, and One of these will be the charge that the arguing that the tax shortfall was only tem- we should complain about it, but the fact is President, through his political maneuvering porary, but Feldstein says he is confident we now have the lowest budget deficit rel- during the past twelve months, scuttled the that when the data become available the ative to G.D.P. of any of the major industrial chances of a bipartisan agreement to balance same result will hold up for later years. ‘‘In nations,’’ he said. When I looked up the offi- the budget by the year 2002. Another will be my experience with tax changes, people who cial figures in the semiannual O.E.C.D. Eco- that he had done little to head off the moth- don’t want to believe the results always say nomic Outlook, published by the Paris-based er of all fiscal crises, which is due to arrive they are temporary,’’ he said. Organization for Economic Coo¨ peration and in about fifteen years, when the baby Feldstein’s arguments are open to ques- Development, I found that Wyss was correct. boomers start to turn sixty-five. Both points tion, particularly his explanation for the According to the O.E.C.D. projections, the have merit, and Paul Volcker, for one, be- sharp fall in interest rates. It is true that the United States structural deficit in 1996 will lieves the President’s heart is no longer in Fed has been pursuing a counter-inflation be about 1.7 per cent of G.D.P. The estimated deficit reduction. ‘‘They’re now playing it policy since the early years of Paul deficits for Japan, Germany, and the United politically,’’ he said. ‘‘You get into this silly Volcker’s reign as chairman (1979–87), but Kingdom are 2.7 per cent, 2.4 per cent, and 2.5 business abut whether you balance the budg- long-term interest rates did not dip below per cent, respectively. The biggest developed et in ten years or eleven years or seven seven per cent until early 1993, when the economy I could find with a lower structural years. It’s all never-never land.’’ Clinton deficit-reduction package appeared deficit than that of the United States was These criticisms, while important, do not likely to become a reality. At that point, that of Australia. detract from the policy decisions taken by Greenspan had not altered short-term inter- There is yet another important statistic the President during his first year in office; est rates in almost two years. that is rarely mentioned in the public de- without the 1993 deficit-reduction package, Alan Blinder, the former Clinton adviser, bate. For the past two years, the United balancing the budget would not be even a re- points out that when the President’s deficit- States Treasury has been collecting more mote possibility. In fact, as Robert Rubin reduction program was being discussed, long- money in revenue than Congress has been pointed out, without the 1993 package the term interest rates fell by two percentage spending, not counting interest payments on whole political and economic landscape points even as the Fed was holding steady. the national debt. Economists refer to this would look quite different. ‘‘We would have ‘‘Furthermore,’’ he adds, ‘‘you could see that situation as the government running a ‘‘pri- continued to have abnormally high interest the cadence of the fall had to do with the mary surplus.’’ What it means is that if we rates, and that would have choked off the re- budget package. In the late spring and early didn’t have to service the vast debts run up covery,’’ he told me.

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S5995 When I asked Rubin why, with all his Wall period actually balancing budgets. He et deficit, that is the total receipts less Street experience, he thought the markets comes here with these inherited inter- total outlays, a simple proposition, had reacted so positively, his reply was a est costs, and what does he do? He re- will be $1.1 trillion, according to CBO. modest one. ‘‘I don’t know the answer, other than that I know that the President was to- duced deficits by $500 billion, cuts over Over that same period, Social Security tally committed to doing this, and he man- 200,000 Federal employees, taxes gaso- will run a surplus of $525 billion, in- aged to convey that commitment to the line, cuts Medicare $57 billion. cluding $104 billion in the year 2002.’’ American people—and, more important in Here is a man that has done some- Now, here is the confusion, the mis- this case, to the markets—in ways that they thing being accused of not wanting to understanding, or the categorical fal- believed,’’ he said. Volcker made a similar do anything. Instead of commenting on sity. In reality, whether we owe it to point. ‘‘I think the market had some con- the facts, we’re treated to tax and the private markets or to future Social fidence and satisfaction that this guy came spend and liberal Democrats. It is all Security retirees, it is still an obliga- in and took on the budget deficit as a major priority,’’ he said. ‘‘The feeling goes beyond sloganism. It is all symbols. It is all tion. When the bill comes due, our chil- the particular budget numbers.’’ pollster politicking. It is not the facts. dren and grandchildren will end up Rubin’s image of Bill Clinton as a com- They ought to have ashes in their having to make good on $1.563 trillion manding leader who makes tough decisions mouths. We who have been here the of Social Security IOU’s by the year and sticks with them through good times past 15 years can be accused of causing 2006. Our failure to pay back the $522 and bad is not one that gels in the popular this fiscal cancer, but you cannot ac- billion that we already owe Social Se- imagination, but it was also evoked by Alan cuse William Jefferson Clinton of caus- curity is the height of irresponsibility. Blinder and Gene Sperling. ‘‘I was amazed at On paper, we should be accumulating how committed he was to going for a sub- ing any deficit. stantial deficit reduction, even when he saw I read further from Mr. Cassidy’s ar- a surplus. In reality, we are spending some of the ugly things that you had to do ticle, Mr. President. these funds to finance current con- to the budget to get there,’’ Blinder said. Both Alan Greenspan and his predecessor, sumption. By the year 2006 we will owe ‘‘Basically, he didn’t flinch.’’ Paul Volcker, have gone on the record to Social Security $1.563 trillion. I repeat, Sperling praised the President even more praise the 1993 package. ‘‘I don’t think by the year 2006, under the best case highly. ‘‘For us on the economic team, we there’s any doubt that the package was part scenario of the Republican plan, $1.563 will always think of him as a good decision- of an honest effort to reverse the train of the billion would be owed Social Security. maker,’’ he told me. ‘‘When he had hard budget deficit,’’ Volcker told me. ‘‘I wouldn’t It should be of little surprise as to choices to make, on both the deficit and call it particularly structural in the sense why I, or the Senator from North Da- NAFTA, he listened to everybody for a few that it did not involve any constructive days, then he made the call and never looked changes in the tax system, and it certainly kota, or the Senator from California, back.’’ didn’t solve the entitlements problem, but it or others voted against such a resolu- I reminded Sperling of the passages in was an honest-to-goodness attempt to come tion. Woodward’s book where the President be- to grips with the budget deficit.’’ They are all crying ‘‘Jefferson, Jef- rated his own advisers and complained about That was none other than Paul ferson,’’ and ‘‘children and grand- turning the government over to Wall Street Volcker. Yet, the constant refrain is children.’’ But there is a conspiracy of interests. Surely these stories were true, I suggested. that the President is dishonest, that he silence when it comes to the $1.563 tril- ‘‘Yes,’’ Sperling conceded. ‘‘Just like any lied, that he is not following his pledge lion bill that the Republican plan of us, he felt pain at times when things to the people, that he does not care leaves in the Social Security trust weren’t going his way. But Woodward missed about deficits. Yet he is the only per- fund. The best way to protect Social the bigger picture, which was that Clinton son that has done anything about Security is to quit decimating it. The did what virtually no President had done be- them. distinguished Senator and the chair- fore. The real issue is that it was a very Now, quickly, with respect the recent man of our Budget Committee contin- good, effective deficit-reduction plan.’’ After talking to Sperling, I reread Wood- statements of Senator DOMENICI, I had ued in his speech last week, ‘‘I am con- ward’s description of a meeting between to go back, Mr. President, to his talk cerned about the looming and massive Clinton and his economic advisers on April 7, on June 6, included in the CONGRES- Social Security deficits that are on the 1993. It goes as follows: ‘‘ ‘Where are all the SIONAL RECORD. I refer to page S5879. horizon.’’ Democrats’ Clinton bellowed. ‘I hope you’re Here, Mr. President, I finally got him But, Mr. President, looming and mas- all aware we’re all Esienhower Republicans to admit that you cannot truly balance sive deficits are not on the horizon; here, and we are fighting the Reagan Repub- the budget without increasing taxes. they are here. It is not children and licans. We stand for lower deficits and free He explains that if Social Security sur- grandchildren, it is us. We wrap our- trade and the bond market. Isn’t that great’’’ pluses are protected, there are few re- selves in glowing rhetoric about our No, not great, but perhaps it’s what the maining options: children and grandchildren and then do country needed after a decade of Reagan- Frankly, some would get up and say, ‘‘No. nothing. The truth of the matter is, omics. We’re going to do it another way.’’ How? since posterity can do nothing to us, Mr. HOLLINGS. Remember, the en- There is only one other way, and that is to we see no reason to do anything for tire sing-song and chant, Mr. Presi- dramatically increase taxes. I do not mean a posterity. We look to the next election dent, on the other side of the aisle has little bit—a huge amount. and not the next generation. been ‘‘When is the President going to Now, Mr. President, I challenged the Entitlements are continually blamed do something?’’ distinguished chairman of the Budget for our current deficit woes. Yet, So- So I quote from this particular arti- Committee, last year. I said, ‘‘If you cial Security, is in surplus to the tune cle. can present to me a balanced budget of $522 billion. Medicare has $130 billion There is yet another important statistic over the 7-year period that excludes surplus in it this minute. They are not that is rarely mentioned in the public de- Social Security surpluses and does not causing our current deficits. Thus, the bate. For the past 2 years the United States increase taxes, I would jump off the shell game continues. It is one of the Treasury has been collecting more money in Capitol dome.’’ Now we have confirma- longest running games in town and we revenue than Congress has been spending, tion that it cannot be done. It took us all take part in it. not counting interest payments on the na- almost a year to get it, but better late The distinguished chairman of the tional debt. Economists refer to this situa- tion as the Government running a primary than never. Budget Committee, who has the next surplus. What it means is that if we didn’t Someone should tell Mr. Broder that hour and a half, refers to the exclusion have to service the vast debt run up during the President’s budget and the Repub- of Social Security surpluses in the bal- the past 15 years, the budget would now be lican budgets have all been backloaded. anced budget amendment as a smoke- balanced. This particular balanced budget that screen. I can tell you here and now Imagine that. The very crowd that is Senator DOLE is likewise backloaded. that we are in trouble when the fire accusing the President of not wanting Look at it. Most of the cuts happen chief in the firehouse cannot only a balanced budget and not doing any- after the Presidential election in the smell the smoke and see the fire, but thing about the deficit, is the very year 2000. starts the fire with these misleading crowd that has caused the deficit. I read here, quoting Senator DOMEN- statements. Bill Clinton did not cause it. He was ICI, ‘‘Over the next 6 years, from 1997 We are in desperate circumstances. down in Arkansas during that 10-year until 2002, the cumulative unified budg- We have deficits and debt going

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5996 CONGRESSIONAL RECORD — SENATE June 10, 1996 through the ceiling. We are spending $1 wouldn’t a nearly $400 billion deficit in a full the kind of big changes in beneficiary pre- billion a day just on the interest costs employment economy 17 years after the mium costs and co-payments that could ac- to the national debt, but we continue event finally constitute the smoking gun? tually save meaningful budget dollars. To be sure, aversion to higher taxes is usu- to fail to face up to this particular To be sure, budget costs of the medical en- ally a necessary, healthy impulse in a polit- titlements have skyrocketed—but that is be- problem. ical democracy. But when the alternative be- cause our underlying health delivery system Republicans charge that President comes as self-evidently threadbare and is ridden with inflationary growth. Perhaps Clinton does not care about the deficit, groundless as has the ‘‘growth’’ argument, Hillary will fix this huge, systemic economic has not done anything about it. But we are no longer dealing with legitimate problem. But until that silver bullet is dis- Paul Volcker, the former Chairman, skepticism but with what amounts to a dem- covered, there is no way to save meaningful says he is the only one who has made agogic fetish. budget dollars in these programs except to an honest try. Find that statement by Unfortunately, as a matter of hard-core po- impose higher participation costs on middle litical realism, the ritualized spending cut Paul Volcker about anybody else’s and upper income beneficiaries—a move for mantra of the GOP anti-taxers is equally which the GOP has absolutely no stomach. budget. President Clinton made an vapid. Again, the historical facts are over- Likewise, the ‘‘safety net’’ for the poor and honest-to-goodness effort in 1993. And whelming. price and credit supports for rural America the facts show that it is working. I Ronald Reagan’s original across-the-board cost the same in real terms—about $100 bil- voted for it. But not a single Repub- income tax cut would have permanently re- lion—as they did in January, 1981. That is be- lican did. They caused the deficits. And duced the federal revenue base by three per- cause Republicans and Democrats have gone if they had not caused this horrendous cent of GNP. At a time when defense spend- to the well year after year only to add nick- ing was being rapidly pumped up, and in a els, subtract pennies, and, in effect, validate cost of $1 billion a day, we would not be context in which the then ‘‘conservative’’ talking about deficits but would be in over and over the same ‘‘appropriate’’ level congressional majority had already decided of spending. surplus under President Clinton’s budg- to leave 90 percent of domestic spending un- On the vast expanse of the domestic budg- et. touched, the Reagan tax rate cut alone et, then, ‘‘overspending’’ is an absolute Mr. President, since nobody is here, would have strained the nation’s fiscal equa- myth. Our post-1981 mega-deficits are not at- let me complete the thought. I use as tion beyond the breaking point. But no one tributable to it; and the GOP has neither a my text none other than the daddy rab- blew the whistle. Instead, both parties suc- coherent program nor the political courage bit of the budget in Reaganomics in cumbed to a shameless tax-bidding war that to attack anything but the most microscopic ended up doubling the tax cut to six percent spending marginalia. back in the 1980’s. I quote Mr. David of GNP—or slashing by nearly one-third the Stockman, the former Director of the It is unfortunate that having summoned permanent revenue base of the United States the courage to face the tax issue squarely, Office of Management and Budget, government. President Clinton has clouded the debate dated March 1993. While delayed effective dates and phase-ins with an excess of bashing the wealthy and an I ask unanimous consent that this ar- postponed the full day of reckoning until the utterly unnecessary grab-bag of new tax and ticle be printed in the RECORD. late 1980s, there is no gainsaying the fiscal spending giveaways. But that can be cor- There being no objection, the mate- carnage. As of August, 1981, Uncle Sam had rected in the legislative process—and it in no been left to finance a 1980s-sized domestic way lets the Republicans off the hook. They rial was ordered to be printed in the welfare state and defense build-up from a RECORD, as follows: led the Congress into a giant fiscal mistake general revenue base that was now smaller 12 years ago, and they now have the responsi- [From New Perspectives Quarterly, March relative to GNP than at any time since 1940! bility to work with a President who is at 1993] In subsequent years, several ‘‘mini’’ tax in- least brave enough to attempt to correct it. AMERICA IS NOT OVERSPENDING crease bills did slowly restore the Federal revenue base to nearly its post-war average Mr. HOLLINGS. Mr. President, I (BY DAVID A. STOCKMAN) share of GNP. The $2.5 trillion in cumulative quote: President Clinton’s economic plan deserves deficits since 1981, however, is not a product The root problem goes back to the July heavy-duty critcism—particularly the $190 of ‘‘over-spending’’ in any meaningful sense 1981 frenzy of excessive and imprudent tax billion worth of new boondoggles through of the term. In fact, we have had a rolling cutting that shattered the Nation’s fiscal re- FY1998 that are euphermistically labelled legislative referendum for 12 years on ‘‘ap- sponsibility. A noisy faction of Republicans ‘‘stimulus’’ and ‘‘investment’’ programs. But propriate’’ Federal spending in today’s soci- have willfully denied this giant mistake of on one thing he has told the unvarnished ety—and by now the overwhelming bi-par- fiscal governance and their own culpability truth. There is no way out of the elephantine tisan consensus is crystal clear. in it ever since. Instead, they have inces- budget deficits which have plagued the na- Cash benefits for Social Security recipi- santly poisoned the political debate with a tion since 1981 without tax increases. ents, government retirees and veterans will mindless stream of anti-tax venom, while In this regard, the full-throated anti-tax cost about $500 billion in 1998—or six percent pretending that economic growth and spend- war cries emanating from the GOP since of prospective GNP. The fact is they also ing cuts alone could cure the deficit. It February 17 amount to no more than decep- cost six percent of GNP when Jimmy Carter ought to be obvious by now that we cannot tive gibberish. Indeed, if Congressman Newt came to town in 1977, as they did when Ron- grow our way out. Gingrich and his playmates had the parental ald Reagan arrived in 1981, Bush in 1989 and supervision they deserve, they would be sent Clinton in 1993. Mr. President, there it is. Someday, to the nearest corner wherein to lodge their The explanation for this remarkable 25 somehow, David Broder and these other Pinocchio-sized noses until this adult task of years of actual and prospective fiscal cost columnists will pick up the truth and raising taxes is finished. stability is simple. Since the mid-1970s there quit ipso facto reporting balanced The fact is, we have no other viable choice. has been no legislative action to increase budgets. We have do not have a bal- According to the Congressional Budget Of- benefits, while a deep political consensus has anced budget plan; all plans use the fice (CBO) forecast, by FY1998 we will have steadily congealed on not cutting them, ei- trust funds. We owe the Social Secu- practical full employment and, also, nearly a ther. Ronald Reagan pledged not to touch $400 billion budget deficit if nothing is done. Social Security in his 1984 debate with Mon- rity trust fund; we owe the Medicare The projected red ink would amount to five dale; on this issue Bush never did move his trust fund; we owe the highway, air- percent of GNP, and would mean continuing lips; and Rep. Gingrich can readily wax as port, and Civil Service trust funds. We Treasury absorption of most of our meager eloquently on the ‘‘sanctity’’ of the nation’s have been borrowed well over a trillion net national savings through the end of the social contract with the old folks as the late dollars from these trust funds. century. This is hardly a formula for sus- Senator Claude Pepper ever did. In addition, other sleights of hand in- taining a competitive and growing economy. The political and policy fundamentals of clude factoring in speculative interest The root problem goes back to the July the $375 billion prospective 1998 cost of Medi- 1981 frenzy of excessive and imprudent tax- care and Medicaid are exactly the same. If dividends for budgetary savings. Mr. cutting that shattered the nation’s fiscal every amendment relating to these medical President, we started that back in 1990. stability. A noisy faction of Republicans entitlements which increased or decreased You know what the projection was? In have willfully denied this giant mistake of eligibility and benefit coverage since Jimmy the 1990 budget, we said we would not fiscal governance, and their own culpability Carter’s inauguration were laid end-to-end, only have a balanced budget by 1995, in it, ever since. Instead, they have inces- the net impact by 1998 would hardly amount but a $20 billion surplus. Can you imag- santly poisoned the political debate with a to one to two percent of currently projected ine that? Instead, there is a $277 billion mindless stream of anti-tax venom, while costs. deficit. That is how far off these are. pretending that economic growth and spend- Thus, in the case of the big medical enti- ing cuts alone could cure the deficit. tlements, there has been no legislatively Yet, Mr. Broder comes up alleges that, It ought to be obvious by now that we driven ‘‘overspending’’ surge in the last two ‘‘This is too clever by half.’’ Tell him can’t grow our way out. If we should happen decades. And since 1981, no elected Repub- to wake up. He should know better to realize CBO’s economic forecast by 1998, lican has even dared think out loud about than that.

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S5997 Mr. President, I am watching history atives Rules Committee will act this of time with reference to the appro- repeat itself. I joined in the opposition evening to report a rule that will allow priations bills which caused so much to Reaganomics and what Stockman the House to act on the conference re- commotion last year and so much ill- says was the worst mistake we ever port tomorrow morning and complete will and ill-feeling between many peo- made. I joined in the tax increases to action by noon. ple in the country and this various se- try and reverse it. I joined in Gramm– Normally, we would simply call up ries of vetoes and closures. That will be Rudman-Hollings. When they write the conference report, discuss the con- the essence of the Republican ap- now, as Senator RUDMAN has, that Sen- ference report, since it would not be proach. Obviously, big savings come in ator Hollings wanted a divorce, they subject to amendment, yield back the the entitlement reform programs. We should be clear about the facts. Instead statutory 10 hours of time and vote on will move those through in due course. of using the automatic cuts as a spear final passage. Without consent to the Once again, we believe we are on the to urge and require fiscal discipline, contrary, however, here in the Senate, right path. We will discuss what we they started to use it as a shield for fis- if we were to act on a conference report think the President’s approach to cal irresponsibility, and I wanted no before the House has acted, the con- Medicare has been. Clearly, he is play- part in that. I voted for the tax in- ference report would be subjected to ing a major shell game with this big creases here in 1993. At the time, my unlimited recommittal motions, and program that the senior citizens need colleagues on the other side of the aisle the minority is aware of this oppor- so desperately to have attended by way said, ‘‘Well, you cannot trust that tunity to subject the Senate, and I say of reform. Washington crowd. If they increase the Leader DOLE, to an unlimited number We will get into those details tomor- taxes, that means all they will do is in- of such motions. Therefore, they have row. I have not sought approval from crease the spending.’’ False. not been willing to grant us consent any of the leadership here to make this In 1993, we increased taxes and cut that would allow us to do what we are statement, but, frankly, I am very spending to the tune of $500 billion. In going to do tomorrow. Once the House hopeful when we finally get on this direct result, we have an economy with sends us this, we will take it up, and budget resolution tomorrow, that even low unemployment, low interest rates, obviously there will be no recommittal though there are 10 hours of debate steady growth, and low inflation. And motions in order, as I understand it, at equally divided, we will finish tomor- they say that the President is ‘‘too that point. row. No motions are in order, no clever by half,’’ and is ‘‘postponing We were trying to get the minority amendments are in order. I see no rea- choices.’’ to let us start that process today and son why we cannot finish it tomorrow, Once again, Mr. President, when they perhaps complete this before the leader even if we take it up sometime in the say the President did not make any leaves sometime tomorrow, around 12 middle of the afternoon tomorrow. honest try, perhaps we should remem- or 1 o’clock. It means he will not have That ought to be plenty of time to de- ber Mr. Volcker’s words on the 1993 a chance to vote on it. It does not bate it and finish tomorrow to get on package: mean that there will be anything hap- with other Senate work. I don’t think there is any doubt that the pen to the budget resolution. I assume Mr. GRASSLEY addressed the Chair. package was part of an honest effort to re- we will have his successor Senator vot- The PRESIDING OFFICER. The Sen- verse the trend of the budget deficit. ing with us, as we have had him. ator from Iowa. I yield the floor and suggest the ab- I will have more opportunity tomor- f row to discuss the significance of this sence of a quorum. THE BUDGET RESOLUTION The PRESIDING OFFICER. The budget resolution and what it does. I clerk will call the roll. might just start with one concept for Mr. GRASSLEY. Mr. President, Sen- The bill clerk proceeded to call the everybody to understand. On the dis- ator DOMENICI opened debate on the roll. cretionary appropriations, which has 1997 budget conference committee re- Mr. DOMENICI. Mr. President, I ask been the subject of an awful lot of de- port, the agreement that has been unanimous consent that the order for bate last year which caused many ap- ironed out on the differences between the quorum call be rescinded. propriations bills to be vetoed by the the House and the Senate, for presen- The PRESIDING OFFICER. Without President and caused the closure of tation to the Senate for final passage, objection, it is so ordered. Government from time to time during so that the 1997 budget will be behind Mr. DOMENICI. Parliamentary in- that long process of trying to get ap- us and we can start making changes in quiry; what is the order of business be- propriations completed, we have re- the programs that will fit these pro- fore the Senate? solved our differences between the grams into the budget that balances by The PRESIDING OFFICER (Mr. House and Senate. the year 2002, 6 years from now. GRASSLEY). We are in morning busi- We have produced a budget resolu- CBO has scored it that way. CBO is a ness. The Senator from New Mexico tion that, essentially, has all of the do- nonpartisan agency that rules on has control of the time from 1 o’clock mestic discretionary programs com- whether or not budgets are balanced until 3:30. bined at a freeze—same level as last and what programs cost and how much Mr. DOMENICI. Mr. President, I year, according to the Congressional income is coming in. They said that yield myself 5 minutes. Budget Office. That is the number that this will balance by that time. f we agreed upon. That means if we take The year 2002 is the year that we se- all the riders off those appropriations lected last year to balance the budget THE BUDGET RESOLUTION bills, and I understand that there is by. Our bill was presented to the Presi- Mr. DOMENICI. Mr. President, I am some movement in that direction, we dent last year, and he vetoed it. We are disappointed that we could not work can clearly be sending to the President not going to take an extra year to bal- out an agreement with the minority appropriations bills that he ought to ance the budget when we do it this that would allow us to complete action sign. Clearly, the American people will year. We are going to do it in 6 years on the conference agreement on the understand it very easily. The Repub- now because that is all we have left be- budget today. I had hoped we could do licans do not want to reduce spending. tween now and the year 2002. I hope that so our distinguished majority They want to freeze it. They are not that my colleagues will vote for that. leader would have an opportunity be- out there to close down Government. In a sense, as the famous baseball fore he left the Senate to cast his vote They just want to say, in a very dif- player said, ‘‘It’s deja vu all over in favor of this budget resolution and a ficult year, we should freeze the ex- again.’’ It is kind of that way with the balanced budget by the year 2002. The penditures of the appropriated ac- Balanced Budget Act that we are deal- conference agreement on the 1997 budg- counts at last year’s level. That is ing with today, tomorrow and the next et resolution was completed last what we will be doing. That is what the day until it is passed. Because last year Thursday evening and filed Friday appropriations bills are going to reflect we worked for 8 months in 13 commit- morning. Copies of the conference re- in the next 5, 6, 7 weeks. tees to pass this 1,800-page Balanced port have been available since early Hopefully, if we get those done, we Budget Act of 1995. This was a bill that this morning. The House of Represent- can finish our work early or even ahead 13 committees worked on to produce

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S5998 CONGRESSIONAL RECORD — SENATE June 10, 1996 changes in the programs so that the budget, but it must be done. It will be ances, when that is the situation, is a budget would balance in 7 years. We done. Everybody is going to pay a little failure to mention the balloon pay- presented this to the President prior to bit towards this effort to get to a bal- ments that the President has built into Thanksgiving last year. The President anced budget. Maybe as a practical po- his budget plan. These balloon pay- vetoed it, I believe, on December 5. litical exercise, that is the only way it ments are similar to those magic aster- I remind people of that document ex- can be done. Some people would say, isks that David Stockman put in Presi- isting, that we had the votes to pass it, ‘‘Cut out completely this program,’’ dent Reagan’s budget when President because often I get the question, which and others will say, ‘‘We have to save Reagan promised he would balance the is a question coming from a cynical at- this program,’’ or ‘‘increase that pro- budget in 1984, at the end of his first titude that people have because we gram.’’ It can be done that way. Basi- term. When the President’s budget did promise more than we can deliver, cally, the way we have done it is to not balance—and some of the new Sen- where people ask, ‘‘Do you think you make sure every program pays a little ators voted against it at that par- can ever balance the budget?’’ Well, I bit in the effort to get to a balanced ticular time—the President obviously like to carry this around with me and budget. was a little bit embarrassed, because remind people, yes, we can balance the Ultimately, as a political system, it he made a promise to balance the budg- budget. Here is the act that for the seems we have figured out we can in- et, and his first budget submitted in first time in a generation Congress not deed vote ourselves more money. That his administration did not do it by the only had the document, but the votes is why we have the problems we have. time he said it would be doing it. So we to pass it and to present it to the All the people have to do is vote for the were all sold on the proposition it President. guy who promised to protect expensive could be done in the years 1983 and 1984, Of course, that is history now. Ulti- programs and who promised to let enti- so David Stockman put that magic as- mately, people are going to decide who tlements run wild. That is what has terisk into the President’s first budget. won or lost with the veto that the been going on. That is why we have a $5 Did that ever materialize? Of course President had of that bill last year. It trillion national debt. it did not. Do you think the President’s also reminds you that one person can Last year, as a result of a mandate balloon payments of 2001 and 2002 will make a difference of having a balanced from the election of 1994, the new Mem- materialize, whether the balloon pay- budget or not. We had a majority in bers of Congress felt it is time to call ments result in tax increases or in the Senate, we had a majority in the a halt to deliver on the promises that spending cuts, or both? I think it is House to pass the Balanced Budget Act have been made to balance the budget, less than candid for either the Presi- of 1995. But one person, the President and to do it in 7 years. I am enthused dent or his Economic Advisers to go on of the United States, stands between about the 1997 budget resolution before television saying somehow that is the people and a balanced budget. So the Senate. I think it is a belt tight- going to happen in the year 2001 and historians will have a chance to look at ener, a conservative one. Every item in 2002, when the President is back in Ar- who the big economic losers are in that it might not be exactly as it would be kansas, and is going to result in a bal- veto of the Balanced Budget Act. if I had written it, but broad represen- anced budget. But the 1997 budget resolution gives tation is the nature of our Govern- Now, when it comes to the budget us another chance without necessarily ment. Compromise is the only way to that we present to this body for ap- losing time because we still meet the accomplish some of our goals—every- proval this week, the 1997 budget reso- deadline by the year 2002. But while we body to give a little bit in the process. lution conference report, it has no hid- talk about balancing the budget, and This gets us, as the nonpartisan Con- den gimmicks or balloon payments in we delivered a bill to the President last gressional Budget Office has said, to it. Instead, there are only clear, spe- year to balance the budget and he ve- balance in 6 years. The nonpartisan cifically illuminated promises. In other toed it, the time clock is running, the Congressional Budget Office shows that words, we get to true balance in 6 national debt is growing, and interest we should even have a $5 billion surplus years, because we set this budget on a is accruing on that national debt. by the year 2002. To me, that is a pret- course to balance much sooner than Of course, since we did not balance it ty good report card. I note, for signifi- the President of the United States last year, and if the President vetoes it cance, that the 1997 budget resolution does. In addition, we get a 6-year $122 this year, we are not going to suffer; it is the only plan that gets us to zero billion tax cut primarily made up of a is our children and grandchildren that deficit in 6 years. $500 per child tax credit. Some people will suffer because we live high on the Now, somebody would say, ‘‘Well, the will criticize that. Some will say it is hog today, spending beyond our means, President says he has offered a budg- for the rich when they know in their satisfying our own materialistic de- et,’’ but it does not balance as he says heart that is not true. They forget that mands, and engaging in the immoral it would. The President’s aide, Dr. a $1,000 tax cut for a family of four can act of worrying about today and forget- Tyson, has been on the morning talk make a big, big difference, that every- ting about tomorrow because our chil- shows saying that the President’s body in this country is not rich, and dren and grandchildren are picking up budget balances. What she has not that the middle-class families of Amer- the bill. made clear is that the President relies ica are going to benefit from that tax Every one of us in this body, whether on certain contingency proposals or cut. we vote for it or against it, bears some emergency triggers in the year 2001 Why a tax cut for families with chil- of the blame for the situation that this that either increase taxes or cut un- dren? It is because the tax on children country is in after a generation of def- specified discretionary spending in is presently unfair. It used to be that icit spending. Those of us who voted for order to reach balance by that year. It the dependency exemptions for chil- it last year showed we were a year could be both a tax increase and un- dren almost nullified the tax liability ahead of everybody else in balancing specified discretionary spending cuts. for families. Those families, obviously, the budget. If the President is on a path of spend- use the tax savings to raise their chil- Still, that does not overcome the sin ing throughout the 6-year-period of dren. For the personal exemption today of the deficit spending of a generation time that he sets us on in the year 1997, that is in the Tax Code, to have the and the tremendous load of $18,000 per there is no way you get to a balanced same value relative to family income newborn baby that they carry of that budget by the year 2002. You have an that it had in 1948, it would have to be additional debt. Or the 80 percent tax $81 billion deficit. Of course, in the $8,000 per child exemption in 1996, in- rate that the President’s own budget meantime, even if this President is re- stead of the $2,600 per child it is now. document says our children will have elected, he is back in Arkansas at the Truthfully, to be fair, we need a credit to assume for the interest and the prin- time there are future tax increases and/ in excess, then, of that $500 per child, cipal of that great debt. or unspecified spending cuts have to be to put families back with the same pur- None of this is done in a very perfect put in place, so it is not really his chasing power that they deserve. fashion. The legislation that we pass is worry. Even with the new tax credit, fami- not perfect. How we go about it may Now, for the President’s advisers to lies will have to continue to tighten not be the perfect way of balancing the say on television that this budget bal- their belts. But remember this credit is

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S5999 a credit and not an exemption or de- The days of our living beyond our a promise will lower the interest rates duction. Thus, each child in any family means, hopefully, come to an end with that men and women pay on the homes is going to be worth $500 more, regard- the adoption of the budget resolution they purchase or wish to purchase, on less of the income of the family. And for 1997. Hopefully, it puts us on a path, their automobiles and other large con- the phaseout ranges of the credit begin for the first time in a generation, to sumer purchases, on their businesses, at a lower level of income than do the get to a balanced budget. Hopefully, it small and large, designed for their own phaseout ranges of the current depend- means that each generation is going to future, and for the creation of oppor- ency credit. assume its fair share of pain for our tunity in our society and our economy. So if any Senators claim that they programs and for ending the principle The actual accomplishment shortly want to defend families in this budget, of passing on to future generations the after the turn of the century of a bal- the best place to start is by taking cost of our programs for today. anced budget will mean somewhere be- money away from Washington and re- I yield the floor. I suggest the ab- tween $1,000 and $2,000 per average turning it to the families. Families can sence of a quorum. American family additional in their spend that money more wisely than The PRESIDING OFFICER. The pockets, partly because of the lower in- Washington can spend that money. clerk will call the roll. terest rates that I have already de- Besides that $500 tax credit per child The assistant legislative clerk pro- scribed and partly because, all other to help empower families, this budget ceeded to call the roll. things being equal, the economy will be resolution of 1997 reforms entitlements. Mr. GORTON. Mr. President, I ask that much stronger. There will be that It would be wonderful if we can con- unanimous consent that further pro- many more and better jobs for Ameri- tinue to allow entitlements to grow un- ceedings under the quorum call be dis- cans in just a very few years from now. checked, but that is not possible. With- pensed with. This is a case in which the moral im- out legislative maintenance, entitle- The PRESIDING OFFICER (Mr. perative and the financial desirability ments are going to swallow themselves. LUGAR). Without objection, it is so or- as a course of action lead us in pre- We know now that if we do not do dered. cisely the same direction. something about entitlements, by 2012, Mr. GORTON. Mr. President, I ask Mr. President, under those cir- the entire budget will be made up of unanimous consent that I may be able cumstances, why is this not only a entitlements and interest on the na- to use such of the time reserved for the unanimous goal, but why are not the tional debt, with nothing even for na- Senator from New Mexico as I may use. policies that lead to that equally unan- tional defense. The PRESIDING OFFICER. Without imous? I do not remember during the Also, our budget resolution will save objection, it is so ordered. course of the last year any Member of $53 billion in welfare programs as we f this body standing before the body and reform welfare and turn it back to the saying, ‘‘It is a poor idea. It is not States. Medicare spending is going to THE BUDGET RESOLUTION something that we should bother with go up at a rate that will allow us to Mr. GORTON. Mr. President, some- at all.’’ No, Mr. President, everyone consume $72 billion less than under time late tomorrow or early on gives at least lip service to the idea, present payout. Of course, we just Wednesday the Senate will begin for- but that lip service goes little further heard last week that Medicare is racing mal consideration of the budget resolu- when it comes to the practical methods toward bankruptcy in 5 years. We will tion adopted late last week by a con- of attaining the goal. With those who not allow that to happen. We allow ference committee. That budget resolu- voted no as recently as last week on a Medicare spending to go up from $4,700 tion, in common with its predecessor a constitutional amendment that would per person per year to $6,800 per person year ago, will clearly put the United mandate attaining a goal, to those who per year, and its solvency is extended States on the road to a balanced budg- will vote no tomorrow or the next day, 10 years in this budget resolution. We et, a goal shared by more than 80 per- the answer will constantly be, ‘‘We do this without increasing the regres- cent of all of our fellow citizens. have to do it differently. I do not like sive payroll tax, and we do it with To a certain extent, Mr. President, a this balanced budget.’’ It is some other keeping the part B premium at its balanced budget is a goal in the ab- balanced budget, my own or someone present level of 25 percent of total pro- stract. It is a phrase that sounds good, else’s, that is the only way to go. In gram cost. We freeze discretionary sounds responsible, but nonetheless is other words, the details, the tendency budget authority in this legislation in divorced from our day-to-day concerns. for perfection in the mind of each indi- 1997 at the 1996 level. One place where It is, however, vitally important to our vidual Member, interferes with attain- I disagree with Republicans is that de- future, but most particularly to the fu- ing a goal so important both morally fense spending in our bill is too high. I ture of our children and our grand- and economically. made an effort on the floor of the Sen- children, to those who come after us. Mr. President, perhaps all of us could ate to cut that back by $11 billion, but Almost 200 years ago Thomas Jeffer- have been accused of that course of ac- that lost. This budget compromise be- son spoke of it as a moral imperative, tion as recently as a handful of years tween the House and Senate reflects that it was simply a moral wrong for ago. Almost never, in my memory, did that higher level of Defense expendi- the politicians of his day or of ours to anyone seriously propose a budget that tures. I think that if families are tight- spend money on programs, however led to that balance until the dramatic ening their belts, and other programs worthy, that they supported, but to vote of something more than a year in Washington are tightening their refuse to pay the bill, to send that bill ago in which the balanced budget con- belts, and if entitlements have to have to someone else. stitutional amendment, having been their belts tightened, defense contrac- Thomas Jefferson’s words are as im- approved by the House of Representa- tors ought to have their belts tight- portant and as valid today as they were tives, was defeated here by a single ened as well. at the beginning of the 19th century. It vote. Following that dramatic loss, Finally, the budget process is some- is our obligation to seek this goal, and many Members took much more seri- what changed from last time. This not just to seek it, but to put the Na- ously the lip service they previously budget resolution offers three separate tion on a path pursuant to which it will had given to a balanced budget. In fact, and independent reconciliation bills. be attained. a majority of this body came up with a Each bill can live without any of the It does, of course, go beyond a pure budget resolution and then enforcing previous bills. The structure of the two moral imperative. It is a financial im- statutes that would reach that goal by succeeding bills depends upon the suc- perative as well. the year 2002. cess of the preceding one. This is a We know by the almost unanimous Regrettably—I think profoundly re- sound and flexible plan that will allow opinion of economists who dig deeply grettably—the President of the United us to present to the President some- into this issue that the mere promise States vetoed that proposal with the thing that he will not have any excuse of a balanced budget, accompanied by a statement that we ought to do it in a for vetoing, as far as I am concerned, set of policies that will lead us shortly different way. Now, that statement considering the fact that he vetoed last after the turn of the century to reach came in spite of the fact that the Presi- year’s budget that we gave to him. one, will have a positive impact. Such dent of the United States had never

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6000 CONGRESSIONAL RECORD — SENATE June 10, 1996 previously proposed any way of reach- et problem has been rejected. Now we die for European security and the ing that goal. Since that veto, Mr. are faced with another proposal, al- transatlantic relationship for the next President, not surprisingly, given the most as good, certainly plenty good decade. predictions of what success would enough to reach the goal, which is Starting with last week’s Ministerial bring, failure has brought an increase very, very likely to be passed by a meeting in Berlin, Alliance leaders in interest rates. Almost half of last strictly partisan vote, and then to have must decide: year’s gain has now been lost. The its enforcing legislation vetoed by the First, will NATO enlarge its member- prospects of the good economics that President of the United States. I regret ship, and what policies, recognition, result from a balanced budget are lim- that, Mr. President. and certainty should it give to coun- ited. I hope during the course of the de- tries which will not be included in the The President criticized the budget bate in the next 2 or 3 days some Mem- first selection? by reason of what it did to strengthen bers of the other party who worked so Second, how will NATO reform itself and preserve Medicare. Yet, just last hard and so sincerely and so diligently internally to be able to carry out new week, his own Medicare trustees have on the bipartisan proposal will see the missions? This includes article 5 de- said the very challenges in the Medi- many similarities between their prod- fense commitments as well as other care system that last year’s balanced uct, our product, and the one that is non-article 5 missions such as crisis budget was designed to cure have be- now before us, and will generously and management beyond Alliance borders. Third, what should be the NATO rela- come not better, but worse. Even so, with a good heart determine that if tionship with Russia during the en- Mr. President, we now have a proposal they cannot have perfection, they can largement process? Should NATO build from the administration called a ‘‘bal- certainly get—even from their own per- a parallel cooperative partnership with anced budget’’ that has been severely, spective, with our budget—a vastly su- Moscow? and I think appropriately, criticized by perior program to that proposed by the The ramifications of how well or Members on this side of the aisle on President’s administration. I hope that poorly NATO does its job on these the ground that it was not real. some of them at least will have cour- issues are far reaching. We are talking Just yesterday in the Washington age enough to join with us to move the about the laying of the cornerstones of Post we saw an analysis of some ele- whole project forward, to help us see to a new European peace order and build- ments of that proposal by a normally it that we do something that we are en- ing a new NATO which deserves that relatively liberal columnist who point- joying to do, like no less a historic per- name not only in theory but in reality. ed out what we already knew, the sonage than Thomas Jefferson, as a If we succeed, we will have set the President’s budget for this year in- matter of moral imperative, and some- foundation for decades of European creases spending on a number of politi- thing that will have such a tremen- peace and prosperity. If we fail, histo- cally popular programs and proposes dously positive impact on our children rians may look back at the early post- dramatic cuts in those programs next and grandchildren in general and gen- cold-war period as a tragic loss of op- year and the year after. However, Mr. erations yet to come, who do not have portunities. President, when his Cabinet Members the right to vote in this fall’s election, It is in this context that we must in charge of administering those pro- but who are our responsibility never- weigh the utility of legislative efforts grams were asked how they would deal theless. such as the NATO Participation Act. with those reductions in future years, Mr. President, this is a fine resolu- Above all, we must realize that we they assured Members of Congress tion. It is a courageous resolution. It is are headed into a historical debate over that, in fact, the President had pri- a moral resolution. It is an effective NATO’s future, one that will rever- vately assured that they would never, resolution. It should be passed, and it berate for many years to come. It is a in fact, take place; that they were, in should be enforced. debate that will be public and which effect, phony figures designed to create I yield the floor. will undoubtedly be controversial—as a paper balance that never, in fact, Mr. LUGAR addressed the Chair. befits an alliance of democracies wres- would take place. The PRESIDING OFFICER. The Sen- tling with such important issues. Much Now, Mr. President, we are faced ator from Indiana is recognized. of the discussion about the pros and with a dramatic choice: Do we vote in Mr. LUGAR. Mr. President, I ask cons of enlargement and other issues favor of the one proposed budget reso- unanimous consent that time allocated have been limited to elites and ex- lution now available to us that in- to Senator DOMENICI in this period of perts—along with the occasional Sen- cludes difficult but necessary policy time be allocated to me and that I may ator or Minister. That, too, is going to decisions to reach this goal desired by use as much time as I may require. change. so many Americans for so many good The PRESIDING OFFICER (Mr. I look forward to this public debate. reasons, or do we continue to say, ‘‘Not GRAMS). Without objection, it is so or- I believe that we have an historical this one, not now, wait until next year, dered. window of opportunity to take steps do it differently’’? f that will secure European peace and Mr. President, I was one of the dozen stability and which will lock in the Republican Members who joined with a GETTING BACK TO BASICS: NATO’S freedom and independence won in the dozen Democratic Members to come up DOUBLE ENLARGEMENT revolutions of 1989 and the collapse of with a different proposal, a bipartisan Mr. LUGAR. Mr. President, the visit communism. I believe that we will win proposal, to reach the same goal in ap- to Washington of Lech Walesa, the this debate, both in the U.S. Senate proximately the same period of time, a former President of Poland, and the in- and elsewhere in the Alliance, provided proposal that I thought at least in troduction of the NATO Participation that we follow some simple, common- some respects to be superior to the one Act on the floor of the Senate, suggests sense guidelines. that is about to come to the floor of that it is time for the Senate to begin Before charting those guidelines, I this U.S. Senate. Mr. President, that to seriously consider the future of the want to review the basic questions we proposal received 46 affirmative votes Atlantic Alliance. will undoubtedly face in the U.S. Sen- out of 100 Members of the Senate. That It is a particularly important time to ate, as well as in the parliaments of is not quite enough. The reason that it take stock of where we stand in the Al- both NATO allies as well as candidate did not quite go over the top was that liance. Over the past 2 years, the Alli- countries. the President of the United States re- ance has discussed and studied many THE VISION THING jected that proposal to exactly the issues ranging from enlargement to In the United States, our political same extent that he rejected the Re- command reform to the broader struc- leaders are often asked about what we publican proposal. He would not en- tural reform of the Alliance in order to call the vision thing. What is it you dorse it. He would not even say he enable it to carry out new missions. want to achieve and why? What is your would sign it if its enforcing legislation The time for discussing and studying vision and how will individual policies was to be passed. is now coming to an end. Over the next fit together with an overall set of ob- So the first bipartisan attempt in a 12 months, NATO must make decisions jectives? As a U.S. Senator, I am often decade at solving this contracted budg- in three key areas which will cast the asked, by some of my colleagues and

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S6001 constituents, why I am still so con- Americans look around, they see no post-cold-war Europe. And, equally im- cerned about NATO and issues such as better candidates than our European portant, it is an opportunity to initiate NATO enlargement now that the cold allies in NATO as that partner. the broader transformation and revi- war is over. If this is the vision, then how do we talization of the alliance which is now The more distant we get from the get there? I like the phrase ‘‘double en- clearly overdue. heady days of the fall of the Berlin largement’’ to capture the twin proc- Second, this debate will also be about Wall and the collapse of communism, it esses of reform that I believe must Eastern and Central Europe and our is more clear that we entered a new take place. NATO must enlarge east- moral, political, economic, and stra- era. Dangers still abound in post-cold- ward to integrate the new democracies tegic stake in this part of the world. war Europe. The revolutions of 1989 not and it must expand its functional mis- Several years ago there was a cartoon only led to the collapse of communism sions beyond border defense to include in an American magazine which but also to the end of the peace orders crisis management and perhaps peace- showed a young boy pointing to a map established after two world wars. What keeping beyond Alliance borders. In and saying to his father: ‘‘Eastern Eu- is at stake here is order and stability both cases, the Alliance must decide rope, isn’t that where the wars start?’’ in Europe as a whole. And that is why how far it wants to go, both in terms of Eastern Europe is where two world American interests are involved. new members and in terms of new mis- wars, as well as the cold war, origi- NATO cannot by itself solve all of sions. There is no escaping the fact nated in this century. It is a part of Europe’s problems. But without a sta- that NATO must simultaneously re- Europe that has seen great injustices ble security framework, we run the form in both areas if it is to success- and enormous cruelty. It is a part of risk that the reform and democracy in fully meet the challenges we are likely Europe that has had a disproportionate the East of Europe will not persist but to face in the years ahead. It is a basic impact on the course of European and will instead be undercut by destructive American interest that the Alliance world history. forces of nationalism and insecurity. not only enlarge to help stabilize East- For some Americans, these are rea- The failure of democracy in the East ern Europe, but that enlargement be sons to keep the United States out of could not help but have profound con- part and parcel of a broader trans- future instability and possible con- flicts—as if a policy of isolation would sequences for democracy in the con- formation that turns Europe into an insulate and protect us from such in- tinent’s western half as well. If history increasingly effective strategic partner stability. The lesson I draw is exactly teaches us anything, it is that the of the United States in and beyond the the opposite. The best way to ensure United States is always drawn into continent. that the United States must never such European conflicts because our CONDITIONS FOR SENATE RATIFICATION fight a war again over Eastern Europe vital interests are ultimately, albeit One of the key questions for the is to anchor and integrate Eastern Eu- somewhat belatedly, engaged. NATO Alliance is whether NATO en- rope into the West once and for all. We That, in a nutshell, is one reason why largement can be ratified in the U.S. must do for Eastern Europe what we I have always been in favor of NATO Senate. Nearly every visitor I have in did together for Western Europe in the enlargement. But this is only one rea- my office from Europe asks me this early post-war period—make it secure son and one part of my vision, which question. And it is a question about and integrate it into a broader trans- consists of what I want to prevent, and which I have thought a great deal in Atlantic community. also what I want to build. I want to recent years. The easy answer is that, How important is Eastern Europe to build a new transatlantic bargain of a of course, enlargement is ratifiable— the United States? A growing number unified and integrated Europe—whole provided a number of preconditions are of Europeans are trying to analyze the and free—in permanent alliance with met. I am going to list my six com- size of the Polish ethnic vote, or the the United States. It is a vision of the mandments on what must be done to political clout of the Baltic-American United States and Europe in a partner- ensure successful ratification in the community and what role they will ship of equals devoted to managing the U.S. Senate. play in the United States Senate de- security of Europe as well as to the But first I want to lay out several bate. Will the NATO enlargement pursuit of common interests beyond broader factors which I believe will issue, it is sometimes asked, be the Europe. The old transatlantic bargain help shape the debate in the U.S. Sen- swing issue in key battleground States which offered the Europeans a form of ate. First, the debate about NATO en- in the U.S. Presidential race? While in- American protection in return for largement in the U.S. Senate will not teresting, I think all these questions American influence must be replaced only be about enlargement. It will be miss the real point. Eastern Europe is by a new transatlantic accord. about the U.S. role in post-cold-war important to the United States because This is a vision for the Alliance that Europe. It will be about NATO—why we it is here that the future destiny of the is no longer necessarily focused on or still need it, who should be in it, what European Continent will be decided. limited to Europe. This is also a vision it should do, and how it should be re- Eastern Europe, in many ways, holds for the Alliance that transcends the old formed. the key to the future stability of the cold-war rationale, namely—to deter This will be the first time that this continent. That is why it is a vital U.S. and, if needed, defend Western Europe set of issues will be debated at the na- interest. against a Soviet attack. It is a vision tional level since the end of the cold The third reason I believe that Sen- for a new covenant between the United war. Although many voices in the ate ratification will happen is that the States and Europe as a force for pro- United States, myself included, have arguments of the opponents of enlarge- moting Western values and interests in been calling for such a national debate ment can be met and subdued. But let’s Europe and beyond. We need a new and for some time, it simply has not hap- take a closer look at them, for they much broader transatlantic agenda and pened. But the NATO enlargement will be part of the debate. Critics in- dialog, one that focuses on where and issue is likely to be the catalyst for sist, first and foremost, that the U.S. how the United States and Europe can precisely such a debate. This makes Senate will not be willing to extend a and should act together. some of my colleagues in Congress security guarantee to Eastern Europe. I was one of the earliest proponents nervous. They fear that the isolation- They cite the divisive debates we have in the Congress of NATO enlargement. ists of the left and the right will band seen on Somalia, Haiti, and Bosnia as But I always spoke of enlargement not together in some kind of unholy alli- proof that Americans are tired of for- in isolation but rather as part of a new ance to defeat the internationalist cen- eign commitments. security partnership between the ter in U.S. politics. In short, they fear What these critics overlook is the United States and a unified Europe. that the NATO enlargement debate basic difference between Bosnia and The United States is a global power, a will kill NATO. Poland as well as the lesson we should country with interests in Europe and But I think they are wrong. Such a learn from the Bosnia experience. Po- beyond. It is also a country that in- debate can have a very healthy and land’s future stability is seen as cen- creasingly requires like-minded allies positive impact in terms of reaffirming tral to that of Europe as a whole. and partners to manage that inter- the U.S. role in, and consolidating the Rightly or wrongly, Bosnia’s was not. I national security agenda. And as American commitment to, the new wish it had been otherwise. But one

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6002 CONGRESSIONAL RECORD — SENATE June 10, 1996 simply cannot compare the issue of ex- costs of enlargement are unlikely to will ask the opponents of enlargement tending a security guarantee to a pro- amount to more than 1 to 2 percent of to lay out their alternative vision—and Western democracy like Poland with planned defense spending. The point we will see whose vision is more con- the confusing debate we had about here is that enlargement is affordable vincing. what to do as Yugoslavia broke up. if handled properly, done in a step-by- Third, start with the strongest can- This was a conflict whose causes were step fashion and if the costs are spread didates and keep the door open. The en- poorly understood, where the stakes fairly among both old and new mem- largement of NATO will start with the for the United States were not always bers. strongest candidates for membership. comprehended, where the United Na- The third reason critics cite against But this does not mean that the alli- tions was involved with a confusing enlargement is the claim that enlarge- ance is drawing new lines or forgetting mandate and a morally ambiguous set ment will only draw new lines in Eu- about those who, for whatever reasons, of policies and where the military, po- rope and alienate Moscow. But let us cannot be included in the first tranche. litical, and humanitarian options of not pretend that lines don’t already Those who are first have an obligation the West were extremely difficult. The exist in Europe. What I have never un- to ensure that stability be extended be- lesson from Bosnia is not that we derstood about this argument is why yond their borders as well. should reject NATO enlargement. It is these critics are so attached to and Fourth, know the costs and commit- that the West needs to take steps to nostalgic about the old artificial cold ments—and who will bear them—in ad- prevent the rise of such destructive na- war lines, lines drawn by the acts of vance. This must be clear and known in tionalism and ethnic hatred and we Hitler and Stalin over 50 years ago. Ex- advance. We need to understand the must enlarge NATO to stabilize East- panding and consolidating democracy burdensharing arrangements before we ern Europe before other disasters are in the East is not drawing new lines. If assume the new commitments. The imminent. allowing new democracies in the East U.S. Senate will not ratify enlarge- ment until it knows the costs and con- Moreover, in many ways the West al- to seek entry into the alliance of their sequences for both the U.S. Armed ready has an implicit security guar- choice is an exercise in line drawing, it antee to a country like Poland. Can we Forces and the American taxpayer. is also an exercise in erasing the old ar- Talking about important details of really imagine the West today not tificial lines of Yalta and the cold war. defense planning issues should not be coming to Poland’s defense if it were And I look forward to erasing more seen as militarizing the debate. In- ever to be threatened again? I, for one, lines. There is something odd about stead, it is simply prudent and respon- cannot. And because I cannot, I think people in the West who already enjoy a sible to sort out among ourselves just that we must codify that commitment NATO security guarantee telling those what these new commitments mean in through NATO in order to make sure who do not have one that extending the practice and to develop plans and pro- that it is credible and that deterrence guarantee would somehow create a new grams to ensure that NATO has the ca- works. If ever confronted with the security problem. pabilities to carry them out. This is question of whether the West will In short, I am not especially im- what alliances are all about. stand by Poland or once again betray it pressed by the arguments of the oppo- Fifth, have a strategy for dealing to those who seek to do it harm, I be- nents of enlargement. Their prescrip- with the have nots. The initial selec- lieve that the United States, including tions are really a recipe for doing noth- tion of members may be small. When my colleagues in the Senate, will do ing, for postponing all key decisions. another round of enlargement will take the right thing. We must demand of them what their place may be uncertain. Thus, the need The second major reason critics cite future vision of the alliance and the to have a clear strategy to underscore against enlargement is cost. Of course trans-Atlantic relationship is. that enlargement will not produce a NATO enlargement will cost money But this does underscore that we are new Yalta. In some cases, the United and resources. But the costs of enlarge- going to have a debate in the Senate. States has a special relationship with ment may not pose as large an obstacle How can we win this debate and en- countries that, at that moment, seem as some assume. Let us not forget that sure successful ratification in the U.S. unlikely to be included in the first there are also costs in not enlarging. Senate? I’d like to share with you six tranche. And alliances save money. By pooling commandments on NATO enlargement The United States and Germany have our resources together, we are able to which, if followed, should help to en- a special responsibility toward the Bal- collectively defend our common inter- sure ratification. tic States. No U.S. President can en- ests less expensively. First, show leadership. Leadership is large NATO without having an ade- How much NATO enlargement will key, above all, Presidential leadership. quate set of policies to sustain Baltic cost will depend in large part upon how There is no substitute. This will be a independence. The Baltic States may the alliance decides to defend and reas- national debate and the President must not be included in the first round of sure new members. Because there is no lead. He must also work closely with NATO enlargement. This underscores immediate threat to these countries, the leadership of the U.S. Senate. The the need for an active policy of engage- the alliance can afford to adopt a light sooner he starts this process, the bet- ment with them. It is important that defense posture backed up by the abil- ter. we make it clear that they will be full ity to reinforce in the region during a Leadership must not only come from members if they meet the qualifica- crisis. Moreover, the costs of building the United States. It must come from tions; that the door for eventual NATO such a posture can be spread over an Europe too and Germany in particular. membership for these countries re- extended period. A recent study con- And such leadership must be visible mains open and that we will expand ducted by the Rand Corp. clearly shows both within NATO and beyond. Let me our cooperation with them in the in- that the costs of enlargement can be give you one example. If the European terim period. Non-NATO countries kept manageable and spread across the Union falters in terms of its own plans such as Finland and Sweden should alliance. for enlargement, it will make NATO also be encouraged to expand their in- The package proposed in the Rand enlargement more difficult to sell in volvement in the region. Countries study, for example, could cost an esti- the United States because it will be such as Germany should take the lead mated $30 to $40 billion for the alliance seen by Americans as a European fail- in trying to bring the Baltic countries as a whole—both new and old members ure to pull its fair share of the bargain. into the European Union as soon as spread over a 10- to 15-year period. Second, have a clear moral and polit- possible and, if they qualify, in the While these numbers may seem large, ical vision and rationale. Enlargement first tranche. bear in mind, for example, that the must be seen as the right thing to do. Sixth, realize the U.S. need for part- cost of building and operating one U.S. While NATO bureaucrats and dip- ners beyond Europe. While many Euro- Army division for a 10-year period is lomats may be consumed by the details peans do not want to acknowledge it, estimated at $60 billion. In any event, of tactics and compromise commu- the reality is that there is a linkage the alliance will be spending a consid- nique language, what will be crucial in between burdensharing arrangements erable amount of money for defense the public debate will be occupying the within Europe and outside of it. As a over the next 10 to 15 years, and the moral and political high ground. We U.S. Senator, it is easier for me to

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S6003 argue the case for NATO’s double en- threaten democracy in Russia. Russia some difference whom the next Presi- largement to the American people than will be better off with Poland in NATO dent appoints to key posts such as Sec- it is for NATO’s eastward enlargement than outside of NATO. A Poland that is retary of State and Secretary of De- alone. Americans understand that we secure within NATO will be less anti- fense. Overall, however, while ratifica- have vital interests in Europe and they Russian and more interested in co- tion of new NATO members faces many are willing to do their share to ensure operation and bridge building. We can- obstacles and pitfalls, there is little that the new Europe which is emerging not save reform in Russia by post- evidence for the claim that it is politi- remains stable. They understand a poning or retarding reform in Eastern cally infeasible. strategy that posits that we and the Europe. The real tragedy would be if the Sen- Europeans are in this together and The Alliance can and should have ate, in successfully encouraging the ad- that we will work together to defend close strategic relations with Russia. ministration through legislation to shared interests—both in Europe and NATO and Russia are allies in IFOR in proceed with the inclusion of new beyond. What they will not understand Bosnia. We hope that this is not a one members in the Alliance, jeopardized is an arrangement where the United time affair but the start of a longer or neglected the development of a bi- States is asked to do more in terms of and more stable relationship. I hope to partisan consensus and public support extending new security guarantees, and see the day when the border between necessary to secure the 67 votes it will more in terms of budgetary commit- an enlarged NATO and its Eastern take in the Senate to ratify NATO en- ments, in order to extend stability to neighbors, including Russia, are just as largement. Europe’s eastern half—and at the same stable and secure as any others in Eu- Mr. President, I yield the floor and time be expected to carry, more or less rope. suggest the absence of a quorum. on its own, the responsibility for de- But it takes two to tango. Moscow The PRESIDING OFFICER. The fending common Western interests out- has increasingly spoken out against en- clerk will call the roll. side of Europe. largement, with some Russian com- The assistant legislative clerk pro- RUSSIA mentators already bringing out their ceeded to call the roll. This brings us to a discussion of Rus- list of real or imagined counter- Mr. LUGAR. Mr. President, I ask sia. We all know how important Rus- measures that they claim Moscow will unanimous consent that the order for sia’s future is for the future of Euro- have to take. Such talk is counter- the quorum call be rescinded. pean and international security. But productive. The PRESIDING OFFICER. Without where does Russia fit into the vision of I belong to those who not only sup- objection, it is so ordered. the trans-Atlantic relationship I have ported NATO enlargement from the f laid out? My vision of the alliance does outset, but who believed that the Alli- not depend on the existence or possible ance should have moved sooner and UNANIMOUS-CONSENT AGREEMENT emergence of a new Russian threat in more resolutely in enlarging. The Clin- Mr. LUGAR. Mr. President, on behalf the East. We do not want an alliance ton administration, as well as the Alli- of the leader, I ask unanimous consent whose vitality and success depends on ance as a whole, opted for a slower ap- that the previous consent agreement failure in Russia. Instead, we want a proach than I would have preferred. regarding controlled time be amended Russia that will successfully reform— And they did so in the hope that deal- as follows: Senator COVERDELL, or his and whose success at reform make it a ing with Moscow on the NATO enlarge- designee, be in control from 4 p.m. to 5 more interesting and useful strategic ment issue would get easier over time p.m.; Senator DASCHLE, or his designee, partner for the alliance. as Russia came to understand the Alli- be in control of 60 minutes. The United States and Europe have ance’s true motivations. The PRESIDING OFFICER. Without an enormous stake in the success of But by now I think it is crystal clear objection, it is so ordered. the reform process in Russia. A stable that a policy of postponing key deci- Mr. LUGAR. I thank the Chair. I sug- and reformed Russia can be an active sions has not made our lives easier. gest the absence of a quorum. partner in maintaining security in Eu- Some in Russia have misinterpreted The PRESIDING OFFICER. The rope, in resolving regional conflicts, Western patience as a sign of Alliance clerk will call the roll. and in fighting the spread of weapons weakness and lack of resolve. Some The assistant legislative clerk pro- of mass destruction. We wish to estab- Russians still believe that they can ceeded to call the roll. lish a strategic partnership with Rus- stop enlargement—and some of them Mr. COVERDELL. Mr. President, I sia that takes account of Russia’s posi- are still tempted to try. As it has be- ask unanimous consent that the order tion in Europe, a partnership that come increasingly clear that Russians for the quorum call be rescinded. could and should, lead to formalized re- do not support NATO enlargement, our The PRESIDING OFFICER. Without lationship with the alliance. policy increasingly looks to them like objection, it is so ordered. Russia’s place, in my vision, is clear. a kind of Chinese water torture. For Mr. COVERDELL. Mr. President, I do not see Russia as a candidate several years, NATO has issued every parliamentary inquiry, if I might. It is member of the alliance. Russia is sim- couple of months a statement saying my understanding that the hour from 4 ply too big, too different. No member that it will enlarge, to which Moscow to 5 has been designated to myself or of the alliance today or in the foresee- feels obliged to say that it opposes en- my designee, is that correct? able future would be willing to extend largement. When nothing happens, The PRESIDING OFFICER. The Sen- an article 5 guarantee to the Russo- some observers in Moscow think that ator is correct. The time between 4 and Chinese border. And the Russians—un- they have slowed or even stopped the 5 is to be under the control of the Sen- like the East Europeans—are not really NATO train. ator from Georgia. interested in assuming the obligations It is too late now to go back and f and responsibilities that NATO mem- undo the policy decisions on timing. bership entails. At the same time, Rus- What is important now is that NATO KEEPING CAMPAIGN PROMISES sia will inevitably be more than a mere not waver, that it stick to the agreed- Mr. COVERDELL. Mr. President, I neighbor of this new and enlarged alli- upon timetable and move ahead with am just going to make a very brief ance. We hope it will become a partner, the initial decision on enlargement—ir- statement to begin this hour. I under- indeed a country with which we have a respective of the outcome of the Rus- stand the Presiding Officer would like privileged partnership. sian elections. to comment. So if he will allow me, I The NATO I envision is one which CONCLUSIONS will make an opening statement, and guarantees stability in Central Europe, Let me sum up. then I will relieve him in the Chair so a stability which is just as much in There are many other factors that that he might make the remarks he Russia’s interest as our own. The Rus- could yet shape the U.S. politics of chooses. sians should realize that enlargement NATO enlargement. If democratic re- Mr. President, I have always felt that is not directed against anyone, cer- forms in the candidate states were to there should be a relevance, a connec- tainly not against them. Stabilizing stall, the entire enlargement plan tion, a linkage between what a public democracy in Eastern Europe does not might be put on hold. It also makes policymaker contends or discusses in

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6004 CONGRESSIONAL RECORD — SENATE June 10, 1996 the pursuit of office and what he or she their annual gasoline bills—especially That budget was nothing more than does, if fortunate enough to achieve it. recently, with gas prices around the the status quo the current administra- I think that much of the cynicism and Nation at such high levels. By boosting tion continues to defend. It did not rein anxiety that we have seen growing in the cost of gasoline by nearly $5 billion in the big spending that has generated our country can be tracked back to the every year, the gas tax has been par- our massive deficit and put our chil- failure of too many of us who seek pub- ticularly damaging for truckers, farm- dren and grandchildren on the line for lic office relating what we said if we ers, and anyone who lives in rural decades of our financial mismanage- sought it to what we do if we achieve areas of the country. ment. It called for $60 billion in tax in- it. Senior citizens, even those making as creases over the next 7 years. I believe this administration is par- little as $24,000 a year, saw their taxes And where are the tax cuts the Presi- ticularly vulnerable on at least three rise as well once the President’s 1993 dent has repeatedly promised American major subjects. The first one is taxes. tax bill increased the taxable portion families? He offered nothing but token This administration came to America of their Social Security benefits by 70 tax relief. His child tax credit began at and said, ‘‘We are going to lower taxes percent. just $300 per child, was slowly on the middle class.’’ That is what was For the more than 80 percent of small ratcheted up to $500, and then elimi- said. But what was done was that they business owners who file their income nated just 2 years later. By the way, were increased to unprecedented pro- taxes as individuals, President Clin- teenagers were too old to qualify for portions. ton’s 1993 tax increase forced them to that tax break. We talked about and have heard the pay taxes at a rate as high as 44.5 per- Under the guidance of President Clin- administration talk about its grave cent. That is significantly above the ton and the Senate Democratic leader- concern over drugs and crime, and drug corporate rate of 35 percent, and means ship, my colleagues across the aisle at- abuse or drug usage, under this admin- the folks who run the local plumbing tempted to break the 1993 tax increase istration’s watch, have skyrocketed to business or TV repair shops are paying record when the President’s budget epidemic proportions. Just last week, taxes at a higher rate than Microsoft came before this body in May. Had there was a perfect example, where the or General Motors. they prevailed, the amendments they President has said, ‘‘I am for a bal- Families, job providers, retirees, mo- offered during debate over the budget anced budget,’’ repeatedly, but stood torists—all of us felt the pinch when resolution, combined with the Presi- foursquare in front of passage of the the President signed his 1993 tax bill dent’s own tax mandates, would have balanced budget amendment. into law. amounted to another tax increase of So, as I said, Mr. President—and I Since President Clinton’s election, $295 billion, dwarfing the $270 billion want to reiterate it here this after- the Government is taking more from increase of 1993. Fortunately, the gen- noon—it is important that there be a the paychecks of middle-class Ameri- tleman from Kansas has heard the de- linkage, a connection of relevance be- cans than it ever has before. The ad- mands of the American people in call- tween what we say as we pursue public ministration and the Democrats in ing for fiscal restraint and relief from a office and what we do if we are success- Congress who voted for it and passed it crushing Federal tax burden, and under ful enough to achieve it. say, but it was only targeted at the his leadership, we stood with the tax- Mr. President, I am going to relieve rich. But, today, the typical American payers in rejecting those attempts to the Chair. I do not think I need to call family faces a total tax burden of 38 further increase taxes on working-class for a quorum call. I will relieve the percent. In human costs, this means we families. Chair so that he may make his com- taxpayers are turning more money If the majority leader’s balanced ments. over to the Government than we are budget plan, with its $245 billion in tax (Mr. COVERDELL assumed the spending for our family’s food, cloth- relief, had been signed into law instead Chair.) ing, shelter, and transportation com- of stopped with a Presidential veto last Mr. GRAMS. Mr. President, I want to bined. Tax freedom day—the day the December, April 15 would have been follow up on some of the comments American taxpayers are no longer very different for the millions of Amer- that you were making. working just to satisfy Uncle Sam and icans who dread the annual arrival of f can begin keeping our dollars for our- tax day. selves and our families—has jumped Let me describe the tax day that A DIFFERENCE IN PRIORITIES ahead an entire week since President could have been under the Republican Mr. GRAMS. Mr. President, it is easy Clinton took office. balanced budget plan. to campaign as a champion of the mid- The various budget plans the Presi- A family sits down at the kitchen dle class. As you know, President Clin- dent has submitted to Congress over table to tackle their Federal tax re- ton did it in 1992, when he made the the last year and a half paint a very turn, but it is not with the sense of middle-class tax cut the centerpiece of different picture of priorities. The pri- foreboding they usually feel this time his campaign. His very first television orities for which BOB DOLE and our of year. They have heard that when commercial that year featured the can- Congressional majority have repeat- Congress and the President enacted a didate looking directly into the camera edly fought have been to protect fami- balanced budget, they created changes and telling the voters that they de- lies from the unreasonable demands of in the tax laws that are making a dra- serve a change. ‘‘That is why I have of- an unregulated Federal Government. matic difference for middle-class fami- fered a plan to get the economy moving The priorities of the President and the lies like theirs. again, starting with a middle-class tax Democratic leadership have always Because both parents have jobs—let cut,’’ he said. been to protect the status-quo govern- us say one owns their own small busi- Of course, we all know what hap- ment, and too often, at the family’s ex- ness and the other works part time at pened to that tax cut a year later. The pense. a local hospital—the first decision they candidate who pinned his campaign to In his State of the Union Address in have always had to make in the past the hopes and dreams of the middle January, President Clinton boldly de- was whether to file jointly or as indi- class became the President who let the clared that ‘‘the era of big Government viduals. Back then, filing as a family middle class down once he moved into is over.’’ ‘‘Big Government’’ presum- always came at a cost because of a the Oval Office. His campaign promise ably meant the high taxes that have glitch in the tax code called the mar- of a tax cut was transformed into a $270 squeezed the middle class—the gigantic riage penalty. Because the marriage billion tax increase—the largest tax in- bureaucracy that has made redtape penalty required joint filers to pay crease in American history. It was synonymous with Washington ineffi- higher taxes than if they had filed sep- change, all right—but certainly not the ciency, and the wasteful spending that arate returns, it seemed as though the kind of change the people had asked for has drained the taxpayers of their pre- Government was discouraging family or were promised. cious dollars. life, instead of trying to nurture it. Everyone who drives a motor vehicle But big Government remained alive But no longer, because they notice knows what the President’s 4.3-cent- and well in the budget the President immediately under the balanced budg- per-gallon tax increase has done to submitted for fiscal year 1997. et bill that Republicans passed, sent to

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S6005 the President and which he vetoed, As they reach the end of the tax lion—$500 billion in new taxes from they notice that under that plan the form, they discover the best news has this administration, half a trillion dol- marriage penalty has been eliminated, been saved for last. After they have lars; that instead of the tax relief that meaning families are no longer un- calculated their total tax liability, was promised. And that is why I say fairly penalized through higher taxes. they then subtract a $500 tax credit for there should be a relevance between That is the tax day I fought for. That each of their three children. That is what one says as he seeks office and is the tax day every Republican sup- $1,500 of their own money that Wash- what he does if he is fortunate enough ported. ington is not going to take, which they to achieve it. That is hypothetically again under a can put toward meeting the needs of Mr. President, I yield up to 5 minutes tax date that could have been. their family, not merely feeding the to the distinguished Senator from Wyo- As this family works through the Federal bureaucracy. And best of all, ming. form, they discover several other ways this $500 per-child tax credit comes in The PRESIDING OFFICER. The Sen- in which the Federal Government has addition to the $2,500 tax exemption for ator from Wyoming. rewritten the tax code to help bring dependents. Mr. THOMAS. Mr. President, I think families together and keep them They sign their 1040 and seal it away there is nothing more important as we strong. in its envelope, pleased that Wash- look toward an election, as we look to- They are the proud parents of three ington is finally enacting tax policies ward closing this session of the Con- children, the youngest of whom they that are putting families first. gress, as voters and citizens, than ex- adopted just last spring. To help defray amining some of the things that are That is the tax day BOB DOLE deliv- the enormous costs a family can incur ered to the American people by passing really important in making these deci- during the adoption process, the new the Balanced Budget Act. Unfortu- sions. laws allow them take a tax deduction I think I must tell you I have been nately, because President Clinton has of up to $5,000 for adoption expenses. distressed, somewhat, over the last an entirely different view of tax day— By reaching out to families willing to couple of years about this tremendous and proved it with his veto pen—the make room for a child without a home, communication system we have where, April 15 I have described is nothing this new tax policy makes sense, they for the first time ever, whatever hap- more than the tax day that could have decide. pens in the world, you just instantly To keep their family together, the been. know about it. I compare that to what While this administration went on young couple decided several years ago it must have been like 100 years ago. In the offensive against families by to move an elderly parent into their my State of Wyoming, people did not vetoing the $500 per-child tax credit, home and care for them there. They know what in the world happened in count themselves fortunate that they elimination of the marriage penalty, Washington. They probably did not have been able to keep three genera- adoption and eldercare tax credits, and care very much, but they did not know tions together under the same roof, but tax incentives designed to create jobs for a very long time. Now we know and it has stretched the family budget at and boost salaries, Republicans, BOB we have the greatest communications times. They are pleased to learn that DOLE, and NEWT GINGRICH put this Con- system, but I have to say I think we Congress has recognized this by allow- gress on record as standing squarely have developed this sort of spin process ing them to subtract $1,000 from their alongside the working families of to where it is very difficult for us to total tax liability to help offset the America. know what the facts are so we can cost of caring for an older relative. As long as taxes keep rising, the dol- make decisions. That is really what For families, the cost of health insur- lars Americans have left over to pro- this whole thing is about. That is what ance and medical care can be over- vide for their families will keep falling. this Congress is about, what this Sen- whelming, and the challenges are even And so it has been the Republicans’ ate is about, is making choices, hard greater when they own a farm or a goal—the Dole–Gingrich goal—to help choices. business. Americans earn more money and keep I guess, again, I reflect on elections While most working people receive more of the money they earn, so they where—obviously, you are not able to their insurance through their jobs, can do more for themselves, their kids, talk with candidates about 800 dif- small business owners and farmers usu- their communities, their churches. ferent issues which will be talked ally purchase their own. Our mythical I look forward to having a President about during the course of a year here. taxpayer has been able to deduct 30 who will sign legislation which helps So, instead, you have to sort of talk percent of the cost of the health insur- the hard-working middle-class tax- about philosophy and talk about where ance premiums in past years, but they paying families of America. you stand and talk about the values discover today that under the tax bill, Thank you very much, Mr. President. that you have that you measure the the Balanced Budget Act that the Re- I yield the floor. issues against so the people that you publicans passed, sent to the President, The PRESIDING OFFICER. The talk to can say, ‘‘Yes, I understand. I but again he vetoed, under that bill, Chair recognizes the distinguished Sen- understand that set of issues. So when the new tax rules would have allowed ator from North Carolina. I measure against that, I have a pretty them a 50-percent deduction for self- Mr. FAIRCLOTH. I thank the Chair. good hunch as to how those decisions employed individuals. It is still not the (The remarks of Mr. FAIRCLOTH per- will be made.’’ full 100-percent deductibility that large taining to the introduction of S. 1853 Never have we had, I do not think, as employers enjoy, but think it is a good are located in today’s RECORD under clear a set of choices as we have had start. ‘‘Statements on Introduced Bills and this year and will have in the coming One unanticipated expense that re- Joint Resolutions.’’) year. I certainly respect that there are cently came their way was the pur- The PRESIDING OFFICER (Mr. BEN- different philosophies and different chase of a new home. That required NETT). Who yields time? points of view. We get up here and dipping into an IRA to help finance the Mr. COVERDELL. Mr. President, in argue, often, the merits of the issues, downpayment, which used to mean a just a moment I am going to yield up which is valid, but when you really get hefty tax penalty. No longer—families to 5 minutes to the Senator from Wyo- down to it, what we are really talking are now allowed to withdraw up to ming. about is the difference in philosophies. $10,000, penalty free, for first-time Mr. President, over the last couple of A balanced budget is probably the home purchases and certain other ex- years—since August 1993 when we got most significant item we have talked penses. the largest tax increase in American about this year, the most significant And by the way, the student loan history—instead of the tax reduction item that has been brought before all that helped finance a college education that had been promised—the figure of of us as citizens: Whether we are going is no longer the financial drain it used about $250 billion has been used over to be responsible for the spending, to be, now that the Federal Govern- and over, and we need to put that fig- whether we are going to be morally re- ment is allowing taxpayers to deduct ure in context—the actual tax increase sponsible to pay for it as we use it, up to 20 percent of the interest—as from 1994 to the year 2002, or the 7 whether we are going to be fiscally re- much as $500—every year for 5 years. years that we all talk about, is $500 bil- sponsible, to not spend more than we

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6006 CONGRESSIONAL RECORD — SENATE June 10, 1996 take in. Everyone says that is a great vote for it, not that.’’ BOB DOLE has I want to thank the Senator from idea, but not everyone agrees with been consistent in what he is for. Wyoming, once again, for the excellent doing something about it. That is the Responsible spending—throughout presentation he makes over and over choice you have. We have everyone his career he has been for less govern- on the Senate floor. saying, yes; we want to balance the ment rather than more. He has been on Just a moment ago, I mentioned this budget. But then we have a vote and we the side of moving more and more gov- $500 billion tax increase that occurred do not have enough to get a constitu- ernment back to the States and local in August 1993. The point I am making, tional amendment to do it. government, closer to people, so people Mr. President, is in 1992, the President So I think we have some real choices. can participate. He has been for self-re- said this: We have to decide for ourselves what it sponsibility, for sacrificing for his I’ve offered a plan to get the economy mov- is that we think is important. country. These are the things that—as ing again, starting with a middle-class tax Regulatory relief—I do not think I said, I think we had 800 votes or cut. anyone would reject the notion or re- something last year on all these issues. ‘‘Starting with a middle-class tax sist the idea that we are overregulated. But when you peel it all away, there is cut.’’ Within 8 months, it became the Overregulation is difficult for the econ- some pretty basic, fundamental stuff largest tax increase in American his- omy, it causes fewer jobs, it causes less people either believe in or they do not. tory on the middle class. An average prosperity. We can change it. Everyone There is another legitimate point of family in my State is paying $2,600 is for it, except when you get to it, and view—more government. A lot of peo- more in taxes and economic burden as then they do not do it. ple think the Government does a better a result of the actions and policies of Welfare reform—we all talk about job of spending money, that the way to an administration that promised just welfare reform. Is there anybody who balance the budget is to raise taxes, the reverse. With that, I will be glad to says, ‘‘Oh, no, we do not he need to not to decrease spending. That is a le- relieve the Chair. change welfare, it is perfect’’? Of gitimate point of view. I do not happen Mr. BENNETT addressed the Chair. course not. Do we get it done? No; we to share it, but it is a legitimate point The PRESIDING OFFICER (Mr. sent it to the President, and he vetoed of view. COVERDELL). The Chair recognizes the it. This is the same President who cam- I guess what I am really saying is, we Senator from Utah. paigned on welfare reform. are going to have another opportunity, Mr. BENNETT. I thank the Senator So, these are the kinds of choices we our biennial opportunity, as citizens, from Georgia for his courtesy and his have to make all the time. It seems to to evaluate where we think we should support and his leadership in putting me it has become increasingly impor- go, in your Government—in our Gov- together this afternoon’s objectives. tant that there is some credibility to ernment; what you think are the fun- As I understand it, we are talking where you stand, philosophically, on damental pillars of defending democ- this afternoon about the crossroads issues. Should we have less Federal racy and freedom. that America finds itself at in this Government or more? That is pretty I have had a couple of chances the quadrennial year, 1996. It is leap year; basic, pretty basic stuff. When you talk last couple of years to go some other it is the year for the Olympics; and it about many of these issues, that is places. Frankly, I come back feeling is the year Americans decide who gets really the core issue. Should we do it more strongly about the elements of to stay in the White House until the here? Does it need to be done? Could it democracy and freedom and self-gov- next leap year and the next Olympics. be done better? Could we, in fact, shift ernment than I ever did before. So we As I look back on 1992, the last time it to the States, closer to people, where have that opportunity now. We will be we had one of these elections—I have a it can better be done? That is a good measuring all of our candidates and all very clear memory, because 1992 was issue. Less government or more? More of our issues based on what we think is the year that I ran for the Senate. It regulation or less? right and who we think will follow was a very interesting year. President There are even some more basic what they said they were going to do, Clinton was then Governor Clinton, issues, I think. They have to do with where the credibility lies; people upon and he was attacking an incumbent personal responsibility. They have to whom you can depend to stay with President. Ultimately, the Clinton do with whether or not you really be- what they say. Mr. President, it seems message in 1992 came down to a single lieve—and I really believe, I do believe to me that is kind of the real, old-fash- word. The word was ‘‘change.’’ Presi- —that we are responsible for our own ioned, fundamental issue of this coun- dent Clinton was campaigning in favor actions. My wife happens to be a high try. I am excited we are getting onto of change and was calling upon Ameri- school teacher. She probably says more it. cans to vote resoundingly for change. I often than anything else, ‘‘You are re- I appreciate my friend from Georgia had a very strong reaction to that, be- sponsible for your own behavior. You having this conversation about where cause ultimately my campaign for the are responsible for your own actions.’’ we are going, his conversation of credi- Senate came down to a single word, If that is good enough for kids, it is bility, of being able to rely on what we and that word was ‘‘change.’’ I cam- good enough for us, too. That is how say we are going to do, and do it. We paigned for change. you build a strong freedom, a democ- have set about to do that this year. I I got here and met the other fresh- racy, is people being responsible for am pretty proud about what we tried to man Senators in that group and found their own actions. do. I am sorry we have not come to clo- that virtually every one of them, re- But when you take a look at some of sure on more things, but we have gardless of party, had campaigned for the issues we find ourselves saying, dis- changed the total debate here. change. I remember one of my col- cretely, ‘‘Well, no, the Government Two years ago, no one was talking leagues on the Democratic side saying really ought to be responsible for that. about balancing the budget. Now it is that she received a phone call some 3 After all, there are a lot of things I am not a question of whether we are going weeks after the election and the voter really not responsible for, so somebody to do it, it is a question of how we are said: ‘‘I voted for change. Where is it?’’ else must be.’’ That is pretty basic going to do it. And that has been be- She said: ‘‘I haven’t even taken office stuff. cause I think we brought, from the last yet.’’ BOB DOLE will be here for the last election, many of us, a message that The caller said: ‘‘Well, you promised time tomorrow. I cannot help but said: ‘‘Look, we expect you to make me change, and you haven’t produced, think here is a man who has served his some changes. You say you are going and I’m impatient.’’ country for so long and has consist- to have less Government, it is going to What kind of a change did President ently been for the things that he said cost less and have less regulation. Do Clinton give us once he did take office he was for, voted for them and sup- it.’’ That is what we are seeking to do. and take the oath of office? It was very ported them. He is not someone who Mr. President, I yield the floor. interesting here as a Member of this has said, ‘‘Yes, I think I am for that,’’ Mr. COVERDELL. Mr. President, I body to see what happened. He became, and then shortly after, ‘‘Well, I am not know the Presiding Officer would like if you will, co-opted by the Democratic sure, I am really for something else. to make some comments. In a moment, leadership in this House and in the Yes, I am for it, but I am not going to I will replace you so you can do that. other one.

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S6007 Senator Mitchell said, ‘‘You don’t borrow money. Find a place where you but you all can give me answers to need to talk about reducing the size of would pay for it with some kind of what BOB DOLE would do in his first the congressional staff, we already did spending cuts someplace else for these term?″ that.’’ emergencies. We all looked at each other as if we ‘‘Oh,’’ said President Clinton, ‘‘I When it finally happened, the Pre- made a great discovery, that Bill Clin- didn’t know that, so we’ll allow spend- siding Officer remembers, we ended up ton talks about this and he talks about ing as usual to go on in the Congress.’’ passing that portion of that appropria- that, and he gives speeches saying we ‘‘Well, what about changing the Tax tions bill that was really needed, but have to reform welfare, and he says the Code?’’ somehow the rest of it disappeared and Republicans are right on a whole bunch ‘‘Oh, you don’t need to do that,’’ said the Republic survived. The emergency of issues, and he seems to be co-opting Senator Mitchell and Speaker Foley, passed and no dire consequences oc- all of the Republicans’ positions, but ‘‘we’ve already taken care of the Tax curred. he never really makes it clear what he Code. As a matter of fact, what I must confess, I do not know if the intends to do if he gets elected. changes you do need in the Tax Code warming hut on the skating rink ever In the language of the business should be on the upside rather than the got built. I rather suspect that it did, if world, he is keeping his options open. downside.’’ the local community that wanted it In other words, he is keeping himself in ‘‘Oh,’’ said President Clinton. ‘‘Well, wanted it badly enough. But somehow a circumstance where he can go wher- as long as you tell me that’s what it we saw the beginning of real change by ever he wants if he gets elected with- ought to be, I will do it.’’ virtue of BOB DOLE’s leadership stand- out ever tipping his hand as to what his I remember the first major battle we ing up to political business as usual in intentions really are. had in this Chamber on the issue of that circumstance, and that went on Mr. President, let me tell you what I change. The President proposed an all through the 103d Congress, until in think his intentions really are. I have emergency appropriations bill. Now, the election of 1994, the American peo- tried to examine the entrails of this Mr. President, what does it mean when ple said, ‘‘We want change,’’ even more particular owl and see if I can read you say ‘‘an emergency appropriations loudly than they said it in 1992. Only them and come up with a prediction of bill’’? I had to ask that question. I was this time the President got the mes- the future. So let me take a stab at it. I believe Bill Clinton does have a new; I didn’t understand. They ex- sage in a different fashion. Not one sin- clear idea of where he wants to take plained it to me. If you have an emer- gle incumbent of the party opposing America. I go back to the 1992 cam- gency appropriations bill, that means the President was defeated in that elec- paign when he was asked for his vision it does not have to fall under the re- tion. Not one. That is an extraordinary and he said, ‘‘I am concerned about the strictions of the reconciliation bill or historical fact. This has never hap- security of every American, the secu- the budget bill. That means it goes di- pened before, that I know of, in Amer- rity of their job, the security of their rectly into the deficit without stopping ican history. income. I want an America that will any way through. We had a $19 billion The Republicans took control of both make everyone secure.’’ emergency appropriations bill on this Houses of Congress and the President Have we heard this before? Yes, Mr. floor that we had to have to meet all suddenly got very, very nervous on the President. This sounds like the rhet- the emergencies. issue of change, because the Repub- oric of most European politicians. I be- What were the emergencies? Well, licans were determined to produce lieve Bill Clinton wants to make the there was a warming hut that needed change, the change that President United States a modern European in- to be built by a skating rink some- Clinton promised before he slipped into dustrial state. Let us pick one as an ex- where in New England. Great emer- the control, if you will, of the Demo- ample. I do not know whether he has gency. Somehow they had gotten by cratic leadership of the Congress, and this one in mind. skating on that pond or that local rink blame the advocate of business as Germany is a modern industrial Eu- for a long time, but now there was an usual. ropean state. I think it is no accident emergency; we had to have that warm- As I say, we are coming up to another that the first priority that President ing hut. We had to have a whole series election. I was at a dinner party a Clinton had was to give America a of things that were in that genre, and month or so ago where a number of health care system modeled on the BOB DOLE from this desk stood up and people were talking politics. It is hard German model. What happens in a said, ‘‘No.’’ to go to a dinner party in this town modern European industrialized state? I realized, from that desk way over where people do not talk politics. The Well, there is a lot of security. If you there, as a very new freshman, that host said, ‘‘I want to pose a couple lose your job in Germany, the Govern- what we were seeing was not change; it questions.’’ He said, ‘‘If Bill Clinton is ment steps in and you can live for a was business as usual. Promise one reelected, what will he do in his second long time on the kinds of payments the thing, then when you get to the Con- term?’’ or, conversely, ‘‘If BOB DOLE is Government will give you. gress, when you get in office, cloak ev- elected, what will he do in his first Indeed, unemployment in Europe is erything you do in confusing terms, term?″ twice as high as it is in the United call this an emergency; but basically Interesting. No one at the party had States and four and five times as long. pork-barrel spending for the Presi- the slightest idea what the answer to If you lose your job in the United dent’s political base in the same pat- the first question was. Nobody knew States, statistically you are likely to tern as it had always been. what Bill Clinton will do in his second find a new one in 6 months. The major- What we were seeing was an attempt term. Will he revive health care as a ity of people who are unemployed find at business as usual and from Senator major issue? No one knew. Will he try a job within 6 months or less in the DOLE an attempt to stop business as to restructure the Tax Code, either United States. Something like 60, 70 usual and produce change in the way raising or lowering? Nobody knew. percent of the people who are unem- things were done. From this very desk What will he do about balancing the ployed in Europe stay unemployed for 4 where I stand today, BOB DOLE orga- budget? Nobody had the slightest idea. and 5 years. nized the Republicans in this Chamber Then someone said, ‘‘Well, what This is the kind of country we would who stood together in defiance of busi- would BOB DOLE do if he got elected?’’ have if we were a modern European in- ness as usual and brought about the ‘‘Oh, he’ll work on restructuring the dustrialized state: Unemployment first demonstration of real change in Tax Code. He’ll work toward a balanced twice what it is in the United States the way business is done when, by use budget.’’ He will do a whole list of today, a tax burden of higher income of the filibuster, they stopped the things. I said, ‘‘Wait a minute. BOB taxes, higher payroll taxes, and con- President’s stimulus package and in- DOLE is supposed to be the candidate sumption taxes, to boot, that would be sisted that those spending items had to with no vision. Bill Clinton is supposed close to something like a 14 percent na- be put in the budget. to be the candidate that has a clear tional sales tax—that is the value- I remember, Mr. President, we wore idea where he wants to take the coun- added tax level in Europe, different buttons that said, ‘‘Just pay for it.’’ Do try. Why can’t any of you tell me what maybe in different countries, but basi- not let it go directly to the deficit and Bill Clinton will do in his second term, cally around 14 percent—a much higher

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6008 CONGRESSIONAL RECORD — SENATE June 10, 1996 deficit, and a much higher national ten gridlock because the White House licans criticized the President for not debt in proportion to the size of our has not gone along with the change having a balanced budget. The criti- economy. that came by virtue of the Congress. cism worked. It was scoring points As concerned as we are about our na- In 1996, the American people will with the public. That’s because they tional debt, our national debt is the have one more opportunity to say, ‘‘We support a balanced budget overwhelm- lowest of all of the industrialized coun- want change,’’ and this time achieve it ingly. tries in the world. President Clinton if they give BOB DOLE the opportunity The President was on the political would like to take us in that direction. to carry out that which he has told us run. So he had a decision to make. He I sit on the Joint Economic Com- he will do instead of voting to keep the still wanted to spend all the money mittee. President Clinton’s principal status quo. necessary to make his special interests economic adviser, Dr. Laura Tyson, Mr. President, I yield the floor. happy. But he also wanted the public testified before the committee after (Mr. BENNETT assumed the chair.) to think he had a balanced budget. the Clinton administration took power. Mr. COVERDELL addressed the That way, he could put a stop to all the She said to us on that committee—I Chair. criticism about not having a balanced The PRESIDING OFFICER. The Sen- still remember it very clearly—she budget. And, he would also not offend ator from Georgia. said, ‘‘Compared to the other industri- Mr. COVERDELL. Mr. President, I his political supporters. In other words, alized nations of this world, the United appreciate the remarks of the Senator he could have his cake and eat it too. States is seriously undertaxed,’’ and from Utah. The Senator brings a very There’s only one problem with this. then implied this administration is interesting perspective when he points To pull that off, the President would going to fix that. to trying to determine what the admin- either have to make tough choices, or No. I think we know the direction in istration’s plan would be in that second he’d have to use some sleight-of-hand. which President Clinton would go in a term. When you alluded to the indus- Sleight-of-hand won out. second term. It is the direction toward trialized societies of Europe, I was par- And so, the President presented his turning the United States into a North ticularly taken with the comment budget to Congress and the public. In American version of Germany or about unemployment, I think running doing so, he presented two budgets. France or Sweden, just as those coun- around 12 percent, in Germany today. One was $67 billion more expensive tries are desperately trying to get out What was once an enormous competi- than the other. from under the kind of governmental Depending on who he was talking to, tive force, and we have all thought of control that has grown up there since he would reference one budget or the as a competitive force, is now strug- the Second World War and are grasping other. For instance: If he was talking gling with the burdens of a government to become more like the United States. to critics who said his budget didn’t that ensnares every facet of life for the There is an alternative, of course, in balance, he’d point to the one that’s $67 people of Germany. November. That is the candidate for I yield up to 10 minutes to the good billion cheaper. If he was talking to his whom, in my belief, the principal inter- Senator from Iowa. special interest friends whom he didn’t est is not security, but opportunity, an The PRESIDING OFFICER. The Sen- want to offend, he’d point to the one opportunity for a good job, an oppor- ator from Iowa. that had $67 billion more in it. tunity for a good education, an oppor- THE VOID IN MORAL LEADERSHIP—PART XI That way, the President hoped to tunity to contribute, to build, to save, Mr. GRASSLEY. Mr. President, we satisfy everyone, and offend no one. to create circumstances for one’s fam- now have the classic example of duplic- There’s evidence of this. ily that can make those circumstances ity in budgeting. It’s the first clear ex- Senator BOND received testimony better. ample of budgetary duplicity since the from their different heads of agencies Opportunity is a little scarier than infamous magic asterisk made famous that confirm the budgetary shell game. security. But throughout history, op- by David Stockman. This time, it is by EPA Director Carol Browner, HHS Sec- portunity pays better. Countries that the President himself. retary Donna Shalala, and NASA Ad- are built on opportunity do a whole lot The example is revealed courtesy of ministrator Dan Goldin each suggested better than countries that focus en- my colleague from Missouri, Senator that the White House told them not to tirely on security. BOND. He has laid out a compelling worry about future budget cuts in their So, Mr. President, I thank the Sen- case that shows when the White House agencies that would occur under the ator from Georgia for giving us this op- speaks about its budget, it speaks with balanced budget version. portunity to talk about the differences two voices. One voice emanates from In other words, the White House fully that are going to be starkly portrayed the left side, the other from the right intends to honor the more expensive between now and November. side. Not surprisingly, this is so the budget, rather than the balanced budg- As I get ready for the November elec- President can have it both ways. They et. But the President doesn’t want to tion, I am going to go back to 1992 in can have their cake and eat it too. say that before the election so he can’t my old play book and pull out the word The consequence of this duplicity is be criticized for having a bloated budg- ‘‘change’’ that worked so well in 1992 continued public cynicism. These days, et. for all of us, and recognize that in 1996 that’s a cardinal sin of any political What this shell game shows is a BOB DOLE will be the candidate of leader. it undermines the confidence of White House that plays fast and loose change and Bill Clinton will be the can- our citizenry in its political leaders with honesty. It is duplicitous. It’s say- didate of the status quo. BOB DOLE will and in our system of government. ing one thing out of one side of the be the one who wants to take the Tax Those watching from their homes, mouth, and another out the other side. Code and turn it into an engine of op- Mr. President, often get confused by In the final analysis, the President in- portunity. Bill Clinton will be defend- our arcane budget process and termi- tends to abandon a balanced budget, ing the Tax Code and saying, it is just nology. So I want to explain this du- should he survive his effort for a sec- fine except it needs to be a little higher plicity in normal, everyday language. ond term. here or there. As a big taxer and big spender, the There’s an even more serious and de- BOB DOLE will be the one who is say- President’s political strategy is to structive game the White House is ing we must change welfare so these spend money to make all his special in- playing in its budget. The issue is the people have an opportunity to get off of terests happy. He already passed the veterans’ budget. The Secretary of Vet- it. Bill Clinton is the one who will be largest tax increase in the history of erans Affairs is the Honorable Jesse saying, no, let us hang on to the basic the country back in 1993. Now, he Brown. Mr. Brown confirmed this be- principles of the status quo and across wants to use those revenues to spend fore Senator BOND’s subcommittee. the board. more just before he’s reelected. He confirmed that, even though the In 1992, the American people said, The problem is, his budget would def- President’s budget would decimate vet- ‘‘We want change.’’ They got business icit-spend forever. It would never be in erans, the President has assured him as usual. In 1994, the American people balance. he will renegotiate the veterans’ budg- even said more loudly, ‘‘We want More than 80 percent of the American et every year. In other words, veterans change.’’ Unfortunately, they have got- people want a balanced budget. Repub- funding, too—just like all the others—

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S6009 will also go up, allegedly. That would being for a balanced budget, but then The result of that is that we have re- put even more pressure against a bal- coming foursquare against the bal- created a drug epidemic in our country anced budget. anced budget, an amendment to the of immense proportions, and there are The problem with this example, Mr. Constitution that would do nothing millions of families that are going to President, it’s more than simply a shell more than allow the issue to go to the suffer the consequences because we game. It’s a total disavowal of the several States. Yet, there was fear even have not put up the fight. Whether it is President’s veterans budget, by the of letting that go to the people. a sister, a brother, a neighbor, someone President’s own people. Worse, by the I am going to mention one other, as in our town, someone across the hall in President himself. It’s an official budg- we close out, because the administra- the workplace, we have created mil- et that’s not official. And that, Mr. tion has talked frequently about its lions of casualties in America. President, is a matter of budget integ- concern over crime in our country. By The administration is talking more rity. And this budget lacks integrity. anyone’s observation today, you can- about drugs, but it is still not getting The budget of the United States rep- not separate crime from drugs. And if the job done. President Clinton re- resents the official statement of policy there is one thing laying at the foot of quests 19.4 percent less funding for pre- of a President. If that is true this this administration, it is the fact that vention in 1997 than he requested in President’s statement of policy is one they altered dramatically the drug 1996. So we still have a pattern that is of duplicity. And it lacks credibility policies that governed from 1980 to ignoring this crisis. and integrity. 1992—that 12-year period that saw mas- Now, this crisis reverberates through And that, Mr. President, is the mark sive reduction in the use of drugs at all our hemisphere. Our fellow countries in of a failed leader. A leader who under- levels. the hemisphere are now coming under cuts his own moral authority to lead Between 1979—to give some examples, a deluge from the drug cartel. Presi- the Nation. You cannot be a leader if Mr. President—and 1992, drug use was dent Zedillo of Mexico said that there your policies reflect duplicity, a lack cut in half in America. There is no way is no greater threat to his Republic of credibility, and a lack of integrity. we will ever know the millions of fami- than the drug cartel. This is the 11th in a series of talks, lies—sisters, brothers, friends, next- This is a massive crisis that must be Mr. President, that I have shared with door neighbors—that were saved from confronted very quickly in the balance my colleagues on my observations tragic consequences because of policies of this decade as we move to the new about the President’s failure to lead by that discouraged the use of drugs. century, if we are going to save mil- example. His failure of moral leader- Under this administration, mari- lions of American casualties, from ship. juana use among young people has in- crack babies to drug use. This is the If our leaders continue to lead this creased an average of 50 percent across first time in my life that we have actu- way, public cynicism—already at dan- all age groups. Teenage drug use has ally witnessed a war that is directed at gerous levels—will reach critical mass. risen every year under this administra- kids—people 8 to 12 years old. The last drug crisis focused prin- We cannot continue to serve the people tion. In 1992, at the beginning of the cipally on people who were 16, 17, 18, 19, of our country in this way. administration, 2.4 million of our and 20 and now it has moved down to 8, Republicans have tried to lead by ex- youth used drugs. Today, the figure is 9, 10, 11, and 12, and this ought to com- ample. We put our money where our 3.8 million—up 58 percent. This, Mr. mand the attention of every policy- mouths were. We passed congressional President, is an epidemic. maker—a mayor, a Governor, a county accountability, putting Members of Use of marijuana, ages 14 to 15, is up commissioner, and, yes, the President Congress under the same laws as we 200 percent since 1992. Marijuana use of the United States. passed for the rest of the country. We among eighth graders was 3.7 percent Mr. President, I am about to yield passed a balanced budget last year. in 1992. Today, it is 7.8 percent—a 110- the floor. I want to reiterate what I And, we’ll pass another one later this percent increase. said when we began—that there should week. Hallucinogens, LSD and PCP, were at be a relationship between what policy- But the President will veto a bal- 5.8 percent up to 1992, and now it is 9.3 makers say to our citizens and what anced budget again, without an honest percent—up 60 percent. they do. You ought not to promise tax alternative of his own. This is failed There were 146 people in the office of relief and then raise taxes. You ought leadership of the worst kind, Mr. Presi- the drug czar when the President took not say you are for a balanced budget dent. office. He took it down to 25 people and and then fight it at every turn. You Finally, Mr. President, I commend has only recently discussed increasing ought not to say that you are fighting Senator BOND for his outstanding de- it—I am sure as a result of these epi- to win this drug war and then turn a tective work in surfacing this budget demic numbers that I am describing to lot of it off, because that creates cyni- duplicity on behalf of the American you here today. cism in our country. It really does. It people. The list goes on and on. But what has makes people sit back and wonder Mr. COVERDELL. Mr. President, I resulted, Mr. President, is that the about their Government. In every way believe we have gone past the allotted combination of changing the policies, that we can we ought to stress that re- time by several minutes. moving away from interdiction—those lationship between what we run for and I ask unanimous consent that we be budgets went down—and moving away what we stand for and what we do. allowed up to 15 more minutes to con- from law enforcement, emphasizing re- There should not be a great distance in clude our remarks. habilitation, I would have never be- the rhetoric and the deed. As near as The PRESIDING OFFICER (Mr. lieved, Mr. President, that those possible they should match. We have INHOFE). Without objection, it is so or- changes in policy could have such a emphasized here this afternoon that in dered. massive and rapid response. Remember, all too many cases in the last 36 Mr. COVERDELL. Mr. President, I we had a Surgeon General that was months they have not. commend all the Senators who have suggesting, early in this administra- f come to the floor and discussed the tion, that it was OK to legalize drugs. general premise that there should be a The fact that these drug policies SENATOR BOB DOLE relationship between what office- changed was de-emphasized, and the Mr. COVERDELL. In closing, Mr. holders say during the course of seek- White House never talked any more President, one of the speakers a little ing the office and what they do once about drugs. Some made fun of Nancy earlier, I think Senator BENNETT of they achieve it. Reagan’s ‘‘Just Say No,’’ but we can Utah, talked about Senator DOLE and We talked about the fact that the ad- use a little bit more of that now. What this desk. Tomorrow Senator DOLE will ministration talked about a tax reduc- happened was our youth, very quickly, leave his beloved Senate. And I said tion to the middle class and then raised began to believe that drugs were no after his announcement that I would taxes on them up to $500 billion. We longer a problem. never look at this desk and not see the have talked about this budget duplic- The result has been that, thinking it distinguished Senator from Kansas. ity, which we just heard about here is no longer a problem, they are more So, in closing, I just want to, as a today. We talked about the issue of willing to experiment with drug use. precursor for tomorrow, wish him well,

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6010 CONGRESSIONAL RECORD — SENATE June 10, 1996 wish him Godspeed, wish him a safe the Government’s food conservation to the American Legion Auxiliary Unit journey, and to be among the millions program for the duration of the war. No. 230 in Aurora, SD, for their actions of Americans to thank him for all that During the terms of Presidents Har- to encourage democracy. The Pike- he did for his State, for this Senate, ding and Coolidge, Hoover served as the Huska Unit provided a forum for voters and for the United States of America. Secretary of Commerce. Then in the to meet the candidates for city council With that, Mr. President, I yield the election of 1928, the people of this great and learn more about each candidate’s floor. I suggest the absence of a country honored him by electing him individual platform. As this election quorum. their 31st President. It is important to year evolves, we are reminded by the The PRESIDING OFFICER. The note that during his public service, Pike-Huska American Legion Auxil- clerk will call the roll. Herbert Clark Hoover did not accept a iary of the importance of voter edu- The bill clerk proceeded to call the salary from the people. His reward was cation and participation. I believe citi- roll. in his service to his fellow Americans. zens should closely follow the voting Mr. GRASSLEY. Mr. President, I ask I wonder how many of us today are pre- records of their elected officials and unanimous consent that the order for pared to do the same. keep up on current events. An informed the quorum call be rescinded. Honesty, hard work, simplicity, and electorate is central to maintaining a The PRESIDING OFFICER. Without generosity—the principles that Herbert truly representative democracy. It is objection, it is so ordered. Hoover learned as a boy and practiced no wonder South Dakotans historically Mr. GRASSLEY. Mr. President, I ask all of his adult life. These are prin- have one of the highest voter participa- unanimous consent to speak as if in ciples which all of us try to teach our tion rates in the Nation—South Dako- morning business. children. Once learned and once prac- tans are active believers in democracy. The PRESIDING OFFICER. Without ticed, they can change the world. I ask unanimous consent that the in- objection, it is so ordered. Lou Henry Hoover, a Waterloo, IA formation sent to me by the organiza- native, was active alongside her hus- f tion’s secretary, Margaret Allstot, be band. She was the first Iowan to be printed in the RECORD. HERBERT CLARK AND LOU First Lady. Such a splendid couple HOOVER There being no objection, the mate- they made together. rial was ordered to be printed in the Lou Hoover received eight honorary Mr. GRASSLEY. Mr. President, a dis- RECORD, as follows: degrees in recognition of her public tinguished Iowan once wrote: ‘‘I prefer AURORA, SD, to think of Iowa as I saw it through the service. Twice she was president of the March 27, 1996. eyes of a 10-year-old boy. Those were Girl Scouts of America. While in that Hon. LARRY PRESSLER, eyes filled with the wonders of Iowa’s position, she began the Girl Scouts U.S. Senate, Russell Office Building, streams and woods, of the mystery of cookie sales program, which has be- Washington, DC. growing crops. They saw days filled come an American tradition. DEAR SENATOR PRESSLER: Last evening our American Legion Auxiliary, Unit 230, Pike- with adventure and great under- Lou also promoted women’s ath- letics, helping to found the National Huska Post, Aurora, South Dakota, spon- takings, with participation in good and sored an election forum for candidates who comforting things. They saw days of Amateur Athletic Federation. She are funning for our town council. We had stern but kindly discipline.’’ That 10- served as president of the Women’s Di- printed flyers notifying both the candidates year-old Iowa boy later became the 31st vision from 1922 to 1940. and the residents of the community of this President of the United States. Herbert Significantly, in 1929, First Lady Lou event. We asked the local Boy Scout Troop Clark Hoover was the first U.S. Presi- Henry Hoover broke the White House to hand distribute the flyers which they did. dent to be born west of the Mississippi racial barrier by entertaining the wife We asked local residents to be moderator and time-keeper for our forum. We also con- River. of Oscar DePriest, a black Congress- man from Chicago. tacted the local radio station and newspaper President Hoover’s home until he was to publicise this event. We served coffee and 11 years old was in West Branch, IA. Many Americans are cynical of those of us in public life today. They think of cookies at the end of the forum. And the Hoover Presidential Library in The forum was well attended and issues West Branch is the place where he re- us as being self-serving. This is unfor- brought forth and discussed along with meet- turned upon his death in 1964. Born tunate. This is not healthy for our ing the candidates, some of whom were not into a Quaker family in 1874, he was country. Perhaps if we look closely at well known. We felt we had offered a worth- raised in the Quaker tradition by his the lives of men and women like Her- while project for our Auxiliary Unit, for both bert and Lou Hoover and try to follow Americanism and for Community Service. parents until their untimely deaths. I am proud to be a part of an organization Then, he was raised by other family more closely in their footsteps of hu- manitarianism, dedication to public who recognizes as its responsibility of help- members. During his formative years, ing citizens to be better informed to use service, and the spirit of giving freely he was taught the principles of hon- their privilege of freedom of voting. Hence, I esty, hard work, simplicity, and gen- of themselves, we could begin to regain request that this project be placed in the erosity. more of the public’s trust. CONGRESSIONAL RECORD. Iowans proudly gave up the Hoovers Herbert Hoover’s life was one of great Thank you, to the world. And when the Hoovers Sincerely, undertakings. An accomplished and gave up this world, Iowans were deeply MARGARET ALLSTOT, successful engineer, he put his organi- honored that they chose to return Secretary. zational skills to work during the First home to Iowa. Herbert and Lou Hoo- ‘‘KNOW YOUR CANDIDATES’’ FORUM, TUESDAY, World War. In England at the outbreak ver—great humanitarians of the MARCH 26, 1996 of the war he helped, often with his world—exemplify the Iowa spirit. CANDIDATES FOR CITY COUNCIL own money, to get his fellow Ameri- f Mayor: cans back home. When Belgium was in- 2 year: John Barthel, Stu Salzman. vaded and the Belgian people were in THE VERY BAD DEBT BOXSCORE Alderman: need of food, Herbert Hoover re- Mr. HELMS. Mr. President, at the Ward 1, 1 year: Dale Niskimins, Charles sponded. He instituted food relief ef- Tiltrum. close of business Friday, June 7, 1996, Ward 1, 2 year: Jon Geise. forts as the head of the Belgian Relief the Federal debt stood at Campaign. He organized the acquisi- Ward 2, 2 year: Bob Anderson, Doris Scan- $5,133,885,689,631.55. lon. tion, delivery, and distribution of tens On a per capita basis, every man, Come meet your candidates and learn their of thousands of tons of food. Thousands woman, and child in America owes platforms on many key issues concerning were saved from a horrible death by $19,703.31 as his or her share of that our city government and their duties and starvation. Herbert Clark Hoover debt. goals. 1. Maintenance proved himself to be one of the great f humanitarians of the world. 2. Law Enforcement Contract President Woodrow Wilson subse- PIKE-HUSKA AMERICAN LEGION 3. Garbage Disposal/Recycling AUXILIARY UNIT NO. 230 4. Long-term Goals quently appointed Herbert Hoover as 5. Special Interests/Improvements/Industry Food Administrator of the United Mr. PRESSLER. Mr. President, I Sponsored by the American Legion Auxil- States. From this position he oversaw want to take a moment to pay tribute iary Unit #230, Aurora

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S6011 NOTICE OF PROPOSED troops of the allied expeditionary honor the entrepreneurs and risktakers RULEMAKING force...the hour of your liberation is who make this country great. It is also approaching. Mr. THURMOND. Mr. President, pur- a good time for taking stock of what As Eisenhower made that announce- suant to section 304(b) of the Congres- we are doing to enable this Nation’s ment, 130,000 American and Allied sional Accountability Act of 1995 (2 small businesses to grow and prosper— troops under his command, stormed U.S.C. sec. 1384(b)), a notice of proposed especially without the Federal Govern- onto the beaches along the coast of rulemaking—extension for period for ment standing in the way. The admin- Normandy, France. comment has been submitted by the istration has portrayed itself as a On that same day—June 6, 1944—an- Office of Compliance, U.S. Congress. friend of small business, claiming nu- other 23,000 British and American air- The notice extends the period for pub- merous accomplishments. Not surpris- borne forces were parachuted or taken lic comment on a notice of proposed ingly, those claims are hollow. The by glider to secure critical inland rulemaking relating to Section 220(e) Senate and House Small Business Com- areas. of the Congressional Accountability mittees each had oversight hearings The courage and dedication exhibited Act, published in the CONGRESSIONAL during the last few days. These hear- by these soldiers on that day and in the RECORD dated May 23, 1996. ings were intended to examine imple- weeks that followed led to the libera- Section 304(b) requires this notice to mentation of the small business agen- tion of Europe and the defeat of fas- be printed in the CONGRESSIONAL da, all of which were part of the final cism. RECORD, therefore I ask unanimous recommendations of the 1995 White As we mark the 52d anniversary of D- consent that the notice be printed in House Conference on Small Business. day, we must also look to the future, the RECORD. In almost every case, on issues of para- and remember the lessons that World There being no objection, the notice mount importance to small business, War II taught us—and holds for us still. was ordered to be printed in the the administration has opposed its We learned that we cannot turn our RECORD; as follows: agenda by either threatening to veto backs on what happens in the rest of legislation, by actually vetoing legisla- JUNE 7, 1996. the world. tion that gets to the President’s desk, OFFICE OF COMPLIANCE We learned that we can never again and by failing to implement the legis- NOTICE OF PROPOSED RULEMAKING—EXTENSION allow our military to reach low levels lation he has signed into law. One ex- OF PERIOD FOR COMMENT of readiness and supplies. ample of the administration’s tendency A Notice of Proposed Rulemaking [NPR] We learned that we cannot appease to talk but not to follow through is im- for the proposed regulations implementing tyrants and despots. plementation of the Paperwork Reduc- Section 220(e) of the Congressional Account- We learned the critical importance of ability Act of 1995, was published in the CON- tion Act. GAO reported yesterday that American leadership. the administration had set a Govern- GRESSIONAL RECORD dated May 23, 1996. This And, perhaps above all, we learned notice is to inform interested parties that ment-wide goal of 10 percent reduction. the Board of Directors of the Office of Com- that while leadership may carry a EPA set a 25-percent reduction goal. pliance has extended the period for public heavy price—it is a price well worth The reality has been less than 1 per- comment on the NPR until July 1, 1996. Any paying. cent reduction. The overall paperwork questions about this notice may be directed Mr. President, on this, my final D- burden remains about the same: around to the Office of Compliance, LA 200 John day as a U.S. Senator, I would like to 7 billion hours per year, a huge prob- Adams Building, Washington, DC 20540–1999; pay tribute to my colleagues who along phone: (202)724–9250; fax:(202)426–1913. lem for small businesses which have with this Senator, served their country real work to do. Mr. ASHCROFT addressed the Chair. in World War II. The PRESIDING OFFICER. The Sen- That rollcall includes the names of: The Small Business Committee cited ator from Missouri. Senator DANIEL AKAKA, U.S. Army; a number of legislative initiatives Mr. ASHCROFT. Mr. President, I ask Senator DALE BUMPERS, U.S. Marine which we have tried to advance. In unanimous consent I have the oppor- Corps; Senator JOHN CHAFEE, U.S. Ma- every case, the administration has tunity to speak for up to 15 minutes. rine Corps; Senator JAMES EXON, U.S. stood in the way. The Small Business The PRESIDING OFFICER. Without Army; Senator JOHN GLENN, U.S. Ma- Committee’s report card on these objection, it is so ordered. rine Corps; Senator MARK HATFIELD, issues gives the administration a fail- Mr. ASHCROFT. I thank the Chair. U.S. Navy; Senator HOWELL HEFLIN, ing grade. (The remarks of Mr. ASHCROFT per- U.S. Marine Corps; Senator JESSE In some cases, President Clinton ac- taining to the introduction of S. 1854 HELMS, U.S. Marine Corps; Senator ER- tually vetoed legislation of great im- are located in today’s RECORD under NEST HOLLINGS, U.S. Army; Senator portance to small business. Like the ‘‘Statements on Introduced Bills and DANIEL INOUYE, U.S. Army; Senator Balanced Budget Act, or product liabil- Joint Resolutions.’’) FRANK LAUTENBERG, U.S. Army; Sen- ity, which limited the amount of puni- Mr. GRASSLEY. Mr. President, I ator DANIEL PATRICK MOYNIHAN, U.S. tive damages that may be assessed suggest the absence of a quorum. Navy Reserve; Senator CLAIBORNE against small businesses, but where the The PRESIDING OFFICER. The PELL, U.S. Coast Guard; Senator BILL administration sided with the trial clerk will call the roll. ROTH, U.S. Army; Senator TED STE- lawyers. President Clinton vetoed leg- The legislative clerk proceeded to VENS, U.S. Army Air Corps; Senator islation which would have increased call the roll. JOHN WARNER, U.S. Navy; and, of the deduction for health insurance Mr. DOLE. Mr. President, I ask unan- course, our colleague who landed a costs of the self-employed. He vetoed imous consent that the order for the glider behind enemy lines on D-day, estate tax reform, which would have quorum call be rescinded. Senator STROM THURMOND, U.S. Army. reduced the estate tax when a family- The PRESIDING OFFICER. Without Mr. President, on June 6, and all the owned business passes from one genera- objection, it is so ordered. days to follow, we can best honor those tion to the next. Almost as bad, the ad- f who risked and gave their lives for ministration has threatened to veto al- freedom by rededicating ourselves to most every bill small business needed. D-DAY the promise that President Reagan Regulatory reform, which required Mr. DOLE. Mr. President, I would made on behalf of America on the that every rule ensure that benefits like to just make reference to a state- beaches of Normandy 12 years ago: justify costs, was veto-bait to the ment about D-day, which I should have We will always remember. We will always President. Ironically, these are require- made a few days ago. I want to at least be proud. We will always be prepared, so we ments contained in President Clinton’s have it in the RECORD before I leave. may always be free. own Executive order. But an Executive Mr. President, 52 years ago on June 6, f order lacks the enforceability of a stat- Gen. Dwight Eisenhower made this dra- ute, and apparently here, too, the ad- matic announcement from London: SMALL BUSINESS AGENDA ministration did not have the courage People of Western Europe: A landing was Mr. DOLE. Mr. President, this is of its convictions. Likewise, he has made this morning on the coast of France by Small Business Week, a time when we threatened to veto legislation that

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6012 CONGRESSIONAL RECORD — SENATE June 10, 1996 would ensure that farmers, small land- mittee on Commerce, Science, and EC–2956. A communication from the Acting owners, or any citizen would be enti- Transportation, was referred as indi- Administrator of the U.S. Agency For Inter- tled to the constitutional right of com- cated: national Development, transmitting, pursu- pensation if the Government takes his ant to law, the report of economic support EC–2782. A communication from the Direc- fund program allocations for fiscal year 1996; property. The property rights bill tor for Executive Budgeting and Assistance to the Committee on Foreign Relations. Management, Department of Commerce, would also help small business get EC–2957. A communication from the Acting through the judicial quagmire they transmitting, pursuant to law, concerning grant and cooperative agreement cost prin- Assistant Secretary of State (Legislative Af- face now. fairs), transmitting, pursuant to law, a re- President Clinton said he would veto ciples, (RIN0605–AA10) received on May 22, 1996; to the Committee on Governmental Af- port relative to the Organization for Secu- OSHA reform legislation. He has fairs. rity and Cooperation in Europe; to the Com- threatened to veto the Team Act, mittee on Foreign Relations. f which would allow managers and em- EC–2958. A communication from the Under ployees to work together to resolve EXECUTIVE AND OTHER Secretary of State and the Under Secretary workplace issues. Likewise, he has COMMUNICATIONS of Commerce, transmitting jointly, pursuant threatened to veto repeal of the 1931 to law, a report relative to export controls; The following communications were to the Committee on Foreign Relations. Davis-Bacon Act, which makes it hard laid before the Senate, together with for many small businesses to partici- EC–2959. A communication from the Acting accompanying papers, reports, and doc- Assistant Secretary of State (Legislative Af- pate in Federal contracts. uments, which were referred as indi- All in all, the issues of great impor- fairs), transmitting, pursuant to law, a re- cated: tance to small business have been port relative to the International Customs Observer Mission in Bosnia; to the Com- blocked by this administration. But we EC–2946. A communication from the Direc- tor of the Office of Regulatory Management mittee on Foreign Relations. will keep trying to clear the way for and Information, Environmental Protection EC–2960. A communication from the Sec- the real entrepreneurs who are the Agency, transmitting, pursuant to law, the retary of Energy, transmitting, pursuant to backbone of this Nation. We owe them report of two rules includes the rule entitled law, the report on the status of Exxon and all our thanks. But more importantly, ‘‘The Acid Rain Program,’’ (FRL5513–4) re- Stripper Well oil overcharge funds as of Sep- we owe them real action, not just rhet- ceived on May 31, 1996; to the Committee on tember 30, 1996; to the Committee on Energy oric. Environment and Public Works. and Natural Resources. f EC–2947. A communication from the Direc- EC–2961. A communication from the Sec- tor of the Office of Regulatory Management retary of the Interior, transmitting, pursu- APPOINTMENT BY THE MAJORITY and Information, Environmental Protection ant to law, the annual report on the Colo- LEADER Agency, transmitting, pursuant to law, the rado River Basin Project during water year The PRESIDING OFFICER. The rule entitled ‘‘Hazardous Waste Treatment, 1995; to the Committee on Energy and Nat- Storage, and Disposal Facilities Waste Gen- Chair, on behalf of the majority leader, ural Resources. erators (FRL5509–4) received on June 3, 1996; EC–2962. A communication from the Sec- pursuant to Public Law 104–127, ap- to the Committee on Environment and Pub- points the following individuals to the retary of Energy, transmitting, pursuant to lic Works. law, the report on the San Sevaine Creek Water Rights Task Force: Sherl L. EC–2948. A communication from the Ad- Water Project; to the Committee on Energy ministrator of the Environmental Protection Chapman, of Idaho, and Richard K. and Natural Resources. Golb, of California. Agency, transmitting, pursuant to law, a re- port relative to the review of potential EC–2963. A communication from the Sec- f health effects from the use of magnetic levi- retary of Energy, transmitting, pursuant to APPOINTMENT BY THE tation for railroad transportation; to the law, the report on the San Sevaine Creek DEMOCRATIC LEADER Committee on Environment and Public Water Project; to the Committee on Energy Works. and Natural Resources. The PRESIDING OFFICER. The EC–2949. A communication from the Direc- EC–2964. A communication from the Com- Chair, on behalf of the Democratic tor of the Federal Emergency Management missioner of the Bureau of Reclamation, De- leader, pursuant to Public Law 104–127, Agency, transmitting, pursuant to law, a re- partment of the Interior, transmitting, pur- appoints Elizabeth Ann Rieke, of Colo- port relative to an extreme fire hazard in the suant to law, the report of the financial rado, to the Water Rights Task Force. State of Texas; to the Committee on Envi- statements of the Colorado River Basin f ronment and Public Works. Project for fiscal year 1994; to the Committee EC–2950. A communication from the Acting on Energy and Natural Resources. MESSAGES FROM THE PRESIDENT Administrator of the General Services Ad- EC–2965. A communication from the Com- Messages from the President of the ministration, transmitting, pursuant to law, missioner of the Bureau of Reclamation, De- United States were communicated to the report of informational copies of three partment of the Interior, transmitting, pur- the Senate by Mr. Thomas, one of his lease prospectuses; to the Committee on En- suant to law, the report of the financial vironment and Public Works. secretaries. statements of the Colorado River Basin EC–2951. A communication from the Presi- Project for fiscal year 1995; to the Committee EXECUTIVE MESSAGES REFERRED dent of the United States, transmitting, pur- on Energy and Natural Resources. As in executive session the Presiding suant to law, the report concerning the ex- EC–2966. A communication from the Chair- Officer laid before the Senate messages tension of waiver authority for the People’s man of the Mississippi River Corridor Study from the President of the United Republic of China; to the Committee on Fi- Commission, transmitting, pursuant to law, States submitting one withdrawal and nance. a report relative to a Mississippi River Na- sundry nominations which were re- EC–2952. A communication from the Presi- tional Heritage Corridor; to the Committee ferred to the appropriate committees. dent of the United States, transmitting, pur- on Energy and Natural Resources. suant to law, a report concerning Serbia and (The nominations and withdrawal re- EC–2967. A communication from the Chair- Montenegro; to the Committee on Banking, man of the Surface Transportation Board, ceived today are printed at the end of Housing, and Urban Affairs. the Senate proceedings.) EC–2953. A communication from the Cor- transmitting, pursuant to law, the rule enti- tled ‘‘Exemption from Regulation-Boxcar f poration For Public Broadcasting, pursuant to law, the report of the Office of Inspector Traffic,’’ received on June 3, 1996; to the MEASURES PLACED ON THE General for the period October 1, 1995 Committee on Commerce, Science, and CALENDAR through March 31, 1996; to the Committee on Transportation. The following measure was read the Governmental Affairs. EC–2968. A communication from the Man- second time and placed on the cal- EC–2954. A communication from the Acting aging Director of the Federal Communica- tions Commission, transmitting, pursuant to endar: Assistant Secretary of State (Legislative Af- fairs), transmitting, pursuant to law, a re- law, a rule concerning U.S. Coast Guard Ves- H.R. 3120. An act to amend title 18, United port relative to the International Labor Or- sel Traffic Services Systems, received on States Code, with respect to witness retalia- ganization; to the Committee on Foreign Re- May 31, 1996; to the Committee on Com- tion, witness tampering and jury tampering. lations. merce, Science, and Transportation. f EC–2955. A communication from the Acting EC–2969. A communication from the Man- EXECUTIVE COMMUNICATION Assistant Secretary of State (Legislative Af- aging Director of the Federal Communica- REFERRED fairs), transmitting, pursuant to law, a re- tions Commission, transmitting, pursuant to port relative to the United Nations and the law, a rule concerning digital devices re- The following executive communica- Specialized Agencies; to the Committee on ceived on May 30, 1996; to the Committee on tion, previously referred to the Com- Foreign Relations. Commerce, Science, and Transportation.

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S6013 EC–2970. A communication from the Sec- Fisheries Service, National Oceanic and At- This makes certain that those that retary of Transportation, transmitting, pur- mospheric Administration, Department of are doing this on an organized basis suant to law, a report concerning the secu- Commerce, transmitting, pursuant to law, across the Nation will surely be rity measures at the Hellenikon Inter- the report of three rules including a rule en- brought to justice for the crimes they national Airport; to the Committee on Com- titled ‘‘General Provisions for Domestic merce, Science, and Transportation. Fisheries,’’ received on June 3, 1996; to the are committing. EC–2971. A communication from the Sec- Committee on Commerce, Science, and This is the same bill that Congress- retary of Transportation, transmitting, pur- Transportation. men HYDE and CONYERS have intro- suant to law, the report on products used for EC–2981. A communication from the Pro- duced in the House of Representatives. airport pavement maintenance and rehabili- gram Management Officer, National Marine The President has announced his sup- tation; to the Committee on Commerce, Fisheries Service, National Oceanic and At- port for this legislation. It is my hope Science, and Transportation. mospheric Administration, Department of EC–2972. A communication from the Acting that the Congress can act on this bill Commerce, transmitting, pursuant to law, soon and send it to the President. Director of the Office of Fisheries Conserva- the report of a rule entitled ‘‘Northeast tion and Management, National Marine Fish- Multispecies Fishery,’’ (RIN0648–AI94) re- By Mr. ASHCROFT (for Mr. DOLE eries Service, National Oceanic and Atmos- ceived on June 3, 1996; to the Committee on (for himself, Mr. HATCH, Mr. pheric Administration, transmitting, pursu- Commerce, Science, and Transportation. ant to law, the report of three rules includ- LOTT, Mr. ASHCROFT, Mr. ing a rule entitled ‘‘Groundfish of the Gulf of f GRASSLEY, and Mr. INHOFE)): Alaska,’’ received on May 29, 1996; to the INTRODUCTION OF BILLS AND S. 1854. A bill to amend Federal Committee on Commerce, Science, and criminal law with respect to the pros- Transportation. JOINT RESOLUTIONS EC–2973. A communication from the Acting ecution of violent and repeat juvenile The following bills and joint resolu- offenders and controlled substances, Director of the Office of Fisheries Conserva- tions were introduced, read the first tion and Management, National Marine Fish- and for other purposes; to the Com- eries Service, National Oceanic and Atmos- and second time by unanimous con- mittee on the Judiciary. sent, and referred as indicated: pheric Administration, transmitting, pursu- THE VIOLENT AND REPEAT JUVENILE OFFENDER ant to law, the report of a rule entitled By Mr. FAIRCLOTH: REFORM ACT OF 1996 ‘‘Groundfish of the Bering Sea and Aleutian S. 1853. A bill to amend title 18, United Mr. ASHCROFT. Mr. President, it Islands Area,’’ received on May 30, 1996; to States Code, to clarify the Federal jurisdic- the Committee on Commerce, Science, and tion over offenses relating to damage to reli- seems like the latest incomprehensible Transportation. gious property; to the Committee on the Ju- tragedy is only the next newspaper EC–2974. A communication from the Acting diciary. away. Today we have an epidemic of ju- Director of the Office of Fisheries Conserva- By Mr. ASHCROFT (for Mr. DOLE (for venile crime. It means that frequently tion and Management, National Marine Fish- himself, Mr. HATCH, Mr. LOTT, Mr. students are unable to focus on their eries Service, National Oceanic and Atmos- ASHCROFT, Mr. GRASSLEY, and Mr. lessons as they seek to enhance their pheric Administration, transmitting, pursu- INHOFE)): capacity to be of service to themselves, ant to law, the report of a rule entitled S. 1854. A bill to amend Federal criminal their family, and fellow man as they ‘‘Groundfish Fishery of the Bering Sea and law with respect to the prosecution of vio- Aleutian Islands Area,’’ received on May 29, lent and repeat juvenile offenders and con- are in school. They are diverted and 1996; to the Committee on Commerce, trolled substances, and for other purposes; to distracted because they have concerns Science, and Transportation. the Committee on the Judiciary. about their own safety. They fear they EC–2975. A communication from the Acting By Mr. GRAMM (for himself and Mr. might be robbed or raped. It is not a Director of the Office of Fisheries Conserva- D’AMATO): question of someone throwing spit tion and Management, National Marine Fish- S. 1855. A bill to reduce registration fees eries Service, National Oceanic and Atmos- balls. As a matter of fact, an 8-year-old required to be paid by issuers of securities, girl from St. Louis wrote me that pheric Administration, transmitting, pursu- and for other purposes; to the Committee on ant to law, the report of a rule entitled ‘‘Pa- crime is real. It has to do with weap- Banking, Housing, and Urban Affairs. cific Halibut Fisheries,’’ received on May 29, ons. It has to do with people losing 1996; to the Committee on Commerce, f their lives. Young children are afraid. Science, and Transportation. STATEMENTS ON INTRODUCED Citizens are afraid to leave their homes EC–2976. A communication from the Gen- because they fear the senseless, mind- eral Counsel of the Department of Transpor- BILLS AND JOINT RESOLUTIONS less attack of predatory youngsters tation, transmitting, pursuant to law, the re- By Mr. FAIRCLOTH: port of six rules including a rule entitled who have become a major threat to the ‘‘Vehicle Identification Number Require- S. 1853. A bill to amend title 18, personal security and integrity of indi- ments,’’ (RIN2127–AF69, 2127–AF46, 2137– United States Code, to clarify the Fed- viduals in our culture. AC66, 2115–AE46) received on June 3, 1996; to eral jurisdiction over offenses relating We rejoice in the fact there has been the Committee on Commerce, Science, and to damage to religious property; to the some drop in overall crime rates. Transportation. Committee on the Judiciary. Frankly, crime rates had nowhere else EC–2977. A communication from the Gen- THE CHURCH ARSON PREVENTION ACT OF 1996 eral Counsel of the Department of Transpor- to go, in general, but down. But they tation, transmitting, pursuant to law, the re- Mr. FAIRCLOTH. Mr. President, over are coming down, and I am pleased by port of twenty-three rules including a rule the weekend in my home State of it. But I think it is important we not entitled ‘‘Child Restraint Systems,’’ North Carolina, a small black church— be deluded, we not be fooled. The fact (RIN2120–AF52, 2120–AF57, 2120–AA63, 2120– the Matthew Murkland Presbyterian that, overall, crime rates are coming AA66, 2120–AA64) received on June 3, 1996; to Church was destroyed by fire. down should not mask something the Committee on Commerce, Science, and This is truly a terrible act. I cannot which should alert us and should lit- Transportation. EC–2978. A communication from the Pro- think of a more despicable act than to erally prompt us into significant re- gram Management Officer, National Marine burn any church. Nevertheless, this is sponse, and that is that, while, overall, Fisheries Service, National Oceanic and At- the 30th such fire for a black church in crime rates are going down, juvenile mospheric Administration, Department of the last 18 months. In fact, there are crime rates have been skyrocketing. So Commerce, transmitting, pursuant to law, reports of another occurring last night. those components of the crime rate the report of a rule entitled ‘‘Groundfish of At this time, we do not know if this which would signal what we can expect the Gulf of Alaska,’’ (RIN0648–AI56) received is a nationwide effort by some hate in the future are telling us to beware, on May 29, 1996; to the Committee on Com- merce, Science, and Transportation. group, or the acts of crazed individuals. to be alert, to brace ourselves, because EC–2979. A communication from the Pro- I would suspect that some of this has between 1988 and 1992, juvenile arrests gram Management Officer, National Marine been organized, and that some of these for violent crime increased by 47 per- Fisheries Service, National Oceanic and At- are copycat crimes. cent while adult violent crime arrests mospheric Administration, Department of Whatever the motivation, the legisla- increased only by 19 percent. So we had Commerce, transmitting, pursuant to law, tion I am introducing would clarify a 2.5-to-1 higher increase, higher explo- the report of a rule entitled ‘‘Foreign and that to burn any church is a Federal sion in growth in juvenile crime. Domestic Fishing,’’ (RIN0648–AC61) received crime. Further, this lowers the thresh- Juvenile murders increased by 26 per- on May 20, 1996; to the Committee on Com- merce, Science, and Transportation. old of damage necessary to make it a cent, forcible rapes by 41 percent, juve- EC–2980. A communication from the Pro- Federal crime from $10,000 in damages nile robberies by 39 percent, aggravated gram Management Officer, National Marine to $5,000 in damages. assaults by 27 percent—an exploding,

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6014 CONGRESSIONAL RECORD — SENATE June 10, 1996 growing, expanding threat to the safe- signed to sweep away the sort of idea Those on the inside, the old-time, ty and security and integrity of the that it is something we can ignore or long-time criminal element in our Na- population. Frequently, because we are simply patch over. We have to address tion’s prison systems, are fearful be- talking about juveniles, we are finding it constructively. It will remedy mis- cause they see what we have done by these individuals are being sent back guided Federal efforts to excuse juve- turning our heads to activity, so long into classrooms. Teachers do not know nile behavior because people are just as it is conducted by a juvenile, and al- what these individuals have done be- juveniles. It will begin to provide a lowing individuals to harden their ap- cause juvenile records are most fre- basis for accountability. proach to the safety and security and quently sealed. Other students are not I have to say I understand there are integrity of other individuals, and they aware of the specific conduct, though a number of juveniles who will not be- are afraid. America needs to respond, they frequently know someone has come career criminals. We do not want and it needs to respond dramatically. been in trouble. So you get a tremen- them to. We would not make that any The Dole-Hatch bill, also cosponsored dous wave of insecurity in the class- more likely with this bill. But I think, by Senator LOTT and myself and, I am room. for very serious juvenile offenders, we pleased to say, Senator GRASSLEY is to I think most of us understand, when have to send a serious signal to them be added as an original cosponsor of we work on legislation here, we need a about the nature of their activity. the bill, is a measure which would secure environment. We invest sub- President Clinton yesterday warned begin to focus the energy and resources stantially in a secure environment of a potential wave of juvenile crime in of the Federal Government on this part here. Yet, when we are preparing the the next 5 years. The truth of the mat- of crime, which is exploding, this part next generation to literally lead Amer- ter is, it is not a wave, it is an explo- of crime which is growing at an incred- ica, we have students in our public sion. The President recommended a so- ible rate: juvenile crime; violent repeat schools, and teachers, who are having called gentle combination of laws and juvenile criminal behavior. constantly to look over their shoul- prevention programs to deflect this on- The estimated total amount of Fed- ders, unaware, not knowing, not con- slaught of violent teens. eral appropriations used for at-risk and fident, distressed, discomfited by the I have to say I believe a gentle com- delinquent youth was more than $4 bil- fact that we have frequently sent these bination will not get the job done. I lion last year. Of these billions sent to folks right back into our schools. And think we have to begin to treat crimi- the States, a very few million were to our schools are unaware. nals as criminals. For those individuals be used for investigation, prosecution, I talked to a teacher who indicated who commit rape, armed robbery, mur- and detention. It is time we looked she knew there were several people in der, armed assault, major drug of- carefully at how we can assist States her classroom who were being housed fenses, we cannot have any more gentle and how we can carry our share of the in a residential juvenile detention fa- approaches. We have to say you are load in the Federal Government as it cility, sent into the school, some of going to have to stand for trial as an relates to actually prosecuting those them even having these electronic adult. individuals who are guilty of commit- shackles, the bracelets they have to The Federal Government’s response, ting acts which, if committed as wear around their ankle that allows and President Clinton’s response, his adults, would be clearly and simply the law enforcement community to solution, is always to offer more money felonies. monitor their whereabouts. But these for social programs such as delin- They threaten the lives of people, students would refuse to tell the teach- quency prevention, treatment, recre- they undermine the security of their er the kinds of crimes or offenses which ation. I have held hearings around my property, they destabilize and disrupt they have been convicted of, so a State. I know the Senator from Iowa our educational process. It is some- teacher in the classroom looks at the has held hearings around his State. We thing which we cannot tolerate, it is student and the student says: You have talked to juvenile officials, those something with which we cannot be know I have been convicted of a crime who deal with the juveniles. We have coddling, it is something with which but I am not going to tell you whether talked to sheriffs. We have talked to we must be forthwith. We can do much I raped someone or murdered someone prosecutors. We have heard them tell more, and the Dole-Hatch bill is an or assaulted someone. You just cannot us how juvenile individuals who are in- enormous step in the right direction. know that. volved in criminal acts are simply Let me briefly give you some of the I submit to you that is not a healthy playing the system. They sometimes things that are important about the environment. But it is not just the look forward to a juvenile detention fa- Dole-Hatch bill which I believe make it school environment for which we must cility. They know they can hide behind a very promising way to address this be concerned. It is the environment in their status as juveniles, that they do most serious problem. which we maintain our homes. It is the not have to be really answerable for One of the difficulties in the area of streets of America, which we must lit- their activities. juvenile laws is the fact that juvenile erally reclaim. The administration has not been ac- records frequently have been sealed. I believe the Dole-Hatch bill, which I tive in prosecuting those who have of- Proceedings of juveniles are closed pro- have just sent to the desk, is a much fended the Federal laws. There have ceedings. Records are not available. needed effort to curtail these astro- only been 233 convictions in the Clin- Teachers who have to deal with these nomical growth numbers and to fulfill ton administration of juveniles as individuals in schools do not know the first duty of government. We have adults. I think for the major categories what they have on their hands. gotten awfully expansive of govern- of criminal activity when juveniles are I talked to the sheriff—and I am sure ment. We teach people how to raise committing crimes which, if com- my colleague from Iowa, Senator flowers. We address a wide variety of mitted by adults, would be felonies, we GRASSLEY, has talked to local offi- issues—research. But the first, the fun- need a serious approach. cials—but I talked to the sheriff in damental duty of government, the rea- One of the things that stunned me Moniteau County, MO. The biggest son for which government was initially about the testimony of Prof. John town in Moniteau County is California, convened, is to provide for the safety DiIulio from Princeton, one of the MO. People say they are going to Cali- and security and the integrity, the dig- leading criminologists in America, is fornia in central Missouri. People do nity of individual human beings, so we his report that when he interviews in- not think you are going to the west can be free from assault, so we can mates of major prisons, their main coast, they think you are going to Cali- have the potential of reaching the level worry is about the young prisoners who fornia, MO. It is not a big town. of achievement for which God created are going to be sent in. They are so I asked what his No. 1 crime problem us and for which God placed in us this hardened as criminals and have been was, and he said it was juveniles com- potential. allowed to be so indiscriminate in their ing in from out of State trying to set I believe we have to return to that violence before they finally get thrown up a drug operation in Moniteau Coun- fundamental. The Dole-Hatch bill is a into jail that the old-time criminals ty and he could not call the States bill which is designed to address vio- are scared stiff. They are afraid of what from which these juveniles came and lent juvenile criminal activity. It is de- is happening. get their records, because there was a

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S6015 big blanket of security, security for the tegrity, to the security, to the safety individuals are to be treated as crimi- criminal but not for the society, a of our citizenry, then for States who nals because they are involved in blanket of nondisclosure over juvenile are really serious about protecting criminal activity. records. I think it is high time that them, we will provide more funding. It is my judgment that it is beyond when people commit felonious acts, States who are serious enough to pro- time for us to recognize that the times when they are criminals, that we have vide real prosecutions will get addi- have changed, that criminal activity an understanding of what they have tional funding. and juvenile delinquency is not what it done and then when they move on to The bill establishes an Office of Juve- once was. It is a new category of of- another jurisdiction, we have to be able nile Accountability to assist the States fense. It demands a new category of re- to find out what their history is. in the prosecution of offenders and in sponse. I talked to a judge not too long ago. combating youth violence. To get fund- The same responses that have worked He said he was sentencing an 18-year- ing, States would have to make reason- in the past will not work in the future, old for murder. He thought it was the able efforts to ensure by 2002 that juve- not unless we are willing to accept the individual’s first offense. Inadvertently nile proceedings will be open to the tidal wave, this explosion of did he discover the individual was public, that juvenile records will be countercultural crime. It is against the originally from the west coast and had made available to schools and law en- culture which says crime is going down a juvenile record that included other forcement agencies, and that finger- overall. It is countercultural because it murders. I do not think it is fair to ex- print records will be kept for all juve- is going up dramatically. We owe it to every man, woman, and pect a judicial system to operate in re- nile offenders. child in America to do what we can to The idea that we have repeat, serious lation to repeat offenders, repeat vio- protect their integrity for their per- predatory criminals who are not lent predators and to allow those re- sonal safety, the safety and security of fingerprinted because they are juve- peat violent predators to have the pre- their property as well as their persons. niles and we do not have the capacity sumption that they are first offenders We owe it to every schoolteacher. We when they have a rap sheet as long as to follow their activities and to mon- owe it to every schoolchild. We owe it from here to Chicago. itor what they are doing is an idea to individuals who are trying to pre- The truth is, if those people do crimi- whose time has passed. It is time for us pare themselves for a future in these nal acts, those acts ought to be made to understand that it is not spitballs in United States of America so they can available to law enforcement officials, the hall and it is not just truancy. We build these United States of America judges, schoolteachers and school offi- have major criminal activity, and we rather than tear down these United cials, not only because we will know should respond to it as such. States of America. We owe them how to take steps to protect the other Reform of the Federal juvenile jus- schools that are safe enough in which students and the school environment— tice system would be included here. It to learn. that would be enough of a reason—but would hold juveniles 13 or older ac- The Dole-Hatch bill, which addresses we can do our best to change the way countable as adults for the commission the core problem of violent, hard-core, people operate, we can do our best to of violent crimes, such as murder and repeat juvenile offenders, will do ex- help them redirect their lives if they robbery, drug trafficking, or if they actly that. It focuses the resources on are not allowed to hide under a shield have been adjudicated delinquent on investigation and prosecution. It does of juvenile laws that keep their records three previous offenses which, if the ac- not focus the resources where we have from being known. tivity had been committed by an adult, had $4 billion spent previously, coin- A significant part of the Dole-Hatch would have been felonies. ciding with the explosion of juvenile proposal is that such records can be What we are really talking about crime in the culture. It does not deny maintained and developed at Federal here is focusing our attention on those that effort that is being made to try to expense if such records are made avail- juveniles who have been extremely dis- provide the right reinforcements and able to law enforcement and school au- ruptive and violent and who have de- support for individuals who want to thorities, including those outside the cided that they can game or take ad- stay straight, but it says that effort State. The juvenile community in vantage of the system, and, when they can no longer characterize solely what America is very mobile. The Bloods take advantage of the system, to hide we are doing. and the Crips are no longer focused on under it as juveniles. We have to say We must be willing to get involved in the seaboards of this country. I am there is no hiding place down here. We investigation, prosecution, detention, sure they are in Oklahoma City, like simply have to say very clearly, ‘‘If and punishment for individuals in- they are in Kansas City and some, from you’re going to make a conscious deci- volved in predatory crimes which de- time to time, are found in smaller cit- sion to be involved in criminal activ- prive us of our security, of our integ- ies of Missouri and across the United ity, then you’ll be treated as a crimi- rity and our safety. And we must treat States of America. nal, not as a juvenile.’’ those who choose to be criminals as It is fundamentally important that Note what we do not do here. We do criminals in order to address this seri- we not provide this blanket of security not say that everyone’s first encounter ous problem. for criminal activity; that we expose to with the law, if it is for some kind of So I am pleased to have this oppor- the light of day the acts of individuals activity which is not serious, auto- tunity to submit the Dole-Hatch meas- whose conduct threatens the very secu- matically puts them into the adult ure addressing this serious problem of rity and integrity and dignity of the criminal system. Ninety percent of all violent, repeat, hard-core juvenile of- American public and also threatens the juveniles that encounter our sys- fenders and to commend the majority leader and the chairman of the Judici- substantially our ability to operate our tem encounter it once. They have ary Committee for this farsighted public schools. I, for one, am loath to learned their lesson. measure, which will take serious steps see us fail to protect our public edu- This system does not do anything to to curtail this threat to the liberty cation system. deal with those individuals unless they which all Americans have a right to Second, this measure provides States have committed murder, rape, armed enjoy. will get 50 percent more in funding if robbery, armed assault, or major drug they prosecute as adults juveniles 14 or trafficking crimes. And you are pretty By Mr. GRAMM (for himself and older who commit murder, rape, armed sure that is not a first encounter of Mr. D’AMATO): robbery, aggravated assault, and dis- someone with the system. So for the S. 1855. A bill to reduce registration tribution of controlled substances. The individuals in our juvenile justice sys- fees required to be paid by issuers of se- funding will be substantially greater to tem for whom the system has worked, curities, and for other purposes; to the States who decide to get serious. this system does not affect them. But Committee on Banking, Housing, and I do not think it is unfair at all for it begins to say, for those in the 10 per- Urban Affairs. the Federal Government to say we are cent that are involved in the serious, THE SECURITIES AND EXCHANGE COMMISSION not interested in providing resources repeat, predatory, violent crimes of FEE REDUCTION ACT OF 1996 just for social programs. If we are real- rape, armed robbery, armed assault, ∑ Mr. GRAMM. Mr. President, today, I ly worried about the threat to the in- murder, major drug trafficking, those am joined by Banking Committee

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6016 CONGRESSIONAL RECORD — SENATE June 10, 1996 Chairman D’AMATO in introducing the a tax should never be used to fund gen- ‘‘(ii) during fiscal year 2002 and each suc- Securities and Exchange Commission eral government. That is why I oppose ceeding fiscal year, $182 for each $1,000,000 of Fee Reduction Act of 1996. This legisla- setting fees at a level higher than nec- the maximum aggregate price at which the tion is similar to a bill that was ap- essary to fund the SEC. The adoption subject securities are proposed to be offered. ‘‘(B) REVENUES OF TREASURY.—Fees col- proved overwhelmingly by the House of of this bill will return us to this prin- lected during any fiscal year pursuant to Representatives earlier this year, and ciple, which governed SEC fees prior to this paragraph shall be deposited and cred- it should enjoy similar support in the the change in 1990. ited as general revenues of the Treasury. Senate. These excess fees have been recog- ‘‘(3) OFFSETTING COLLECTION FEES.— Today, so-called user fees collected nized as a tax by the House Ways and ‘‘(A) IN GENERAL.—Except as provided in by the Securities and Exchange Com- Means Committee. This fact resulted subparagraphs (B) and (C), for each $1,000,000 mission [SEC] will pay for the entire in a near shutdown of the SEC 2 years of the maximum aggregate price at which the subject securities are proposed to be of- SEC budget nearly three times over. ago in a dispute between the Appro- fered, the rate determined under this para- These fees have become transformed priations and Ways and Means Com- graph is a rate equal to— into a tax on investment and capital mittees over jurisdiction for tax legis- ‘‘(i) $103 during fiscal year 1997; formation. The legislation that we are lation. To prevent a recurrence of that ‘‘(ii) $70 during fiscal year 1998; introducing today will reduce these ex- problem, a compromise was reached ‘‘(iii) $38 during fiscal year 1999; cess fees in stages over a period of 5 whereby the Ways and Means Com- ‘‘(iv) $17 during fiscal year 2000; and years until the amounts collected are mittee will withhold its objections to ‘‘(v) $0 during fiscal year 2001 or any suc- ceeding fiscal year. approximately in line with the budget such fees being raised in appropriations ‘‘(B) LIMITATION; DEPOSIT.—Except as pro- of the SEC. bills, but only while the excess fees are vided in subparagraph (C), no amounts shall Mr. President, permit me to review on track to their elimination. This bill be collected pursuant to this paragraph for the history of these fees, so that this implements that compromise, which any fiscal year except to the extent provided bill, and its importance, can be placed also has the full support of the author- in advance in appropriations Acts. Fees col- in context. For many years a variety of izing committee in the House and the lected during any fiscal year pursuant to user fees have been assessed to support SEC. this paragraph shall be deposited and cred- the budget of the SEC. The most sig- This legislation is revenue neutral, ited as offsetting collections in accordance with appropriations Acts. nificant of these fees is assessed on new since the excess SEC fees have not been ‘‘(C) LAPSE OF APPROPRIATIONS.—If, on the securities issues as they are registered used for deficit reduction but rather as first day of a fiscal year, a regular appropria- with the Commission. A lesser fee is offsetting collections in appropriations tion to the Commission has not been en- imposed on New York and American bills. The fees collected for deficit re- acted, the Commission shall continue to col- Stock Exchange trades. duction purposes remain unchanged. lect fees (as offsetting collections) under this From their inception, fees were kept Mr. President, this position finds a paragraph at the rate in effect during the minimal, closely related to the cost of strong consensus in this Congress. The preceding fiscal year, until such a regular actually running the SEC, and there- legislation adopted by the House of appropriation is enacted.’’. fore could be called user fees, paid so Representatives had the support of Re- SEC. 3. TRANSACTION FEES. (a) AMENDMENT.—Section 31 of the Securi- that the SEC could guard the integrity publicans and Democrats and was care- ties Exchange Act of 1934 (15 U.S.C. 78ee) is of our securities markets, a clear ben- fully crafted in consultation with the amended to read as follows: efit to everybody. That began to Ways and Means, Commerce, and Ap- ‘‘SEC. 31. TRANSACTION FEES. change with the 1990 budget. The slump propriations Committees of the other ‘‘(a) EXCHANGE-TRADED SECURITIES.— in market activity following Black body. I believe that the companion bill ‘‘(1) RATE.—Each national securities ex- Monday in 1987 caused worry in some we are introducing today will find change shall pay to the Commission a fee at quarters that the money generated by similar support here. a rate equal to— ‘‘(A) $33 for each $1,000,000 of the aggregate existing fees might not keep pace with Mr. President, I ask unanimous con- dollar amount of sales of securities (other the growing budget of the SEC. So the sent that the text of the bill be printed than bonds, debentures, and other evidences registration fees were raised, tempo- in the RECORD. of indebtedness) transacted on such national rarily. That not only made up for lost There being no objection, the bill was securities exchange during the period to revenue, it inadvertently produced an- ordered to be printed in the RECORD, as which the fee relates under subsection (d); nual surpluses of up to $70 million over follows: and and above the SEC’s budget. S. 1855 ‘‘(B) for fiscal year 2002 and each suc- Creating a surplus by raising a fee is ceeding fiscal year, $25 for each $1,000,000 of Be it enacted by the Senate and House of Rep- such aggregate dollar amount of sales during a dangerous precedent. Before 1992, the resentatives of the United States of America in the period to which the fee relates under sub- SEC user fees had become a cash cow. Congress assembled, section (d). Even so, the registration fee ratio was SECTION 1. SHORT TITLE. ‘‘(2) REVENUES OF TREASURY.—Fees col- altered again. The surplus then jumped This Act may be cited as the ‘‘Securities lected pursuant to this subsection shall be to $180 million and had continued to and Exchange Commission Fee Reduction deposited and collected as general revenue of climb each year since. It will approach Act of 1996’’. the Treasury. $400 million this year. SEC. 2. REDUCING REGISTRATION FEES. ‘‘(b) OFF-EXCHANGE-TRADES OF EXCHANGE- Section 6(b) of the Securities Act of 1933 (15 It it improbable that a more destruc- REGISTERED SECURITIES.— U.S.C. 77f(b)) is amended to read as follows: ‘‘(1) RATES.—Each national securities asso- tive way to raise revenues could be ‘‘(b) REGISTRATION FEE.— ciation shall pay to the Commission a fee at found. Not unlike an increase in inter- ‘‘(1) FEE PAYMENT REQUIRED.— a rate equal to— est rates, the registration fees increase ‘‘(A) IN GENERAL.—At the time of filing a ‘‘(A) $33 for each $1,000,000 of the aggregate the cost of raising equity capital, with registration statement, the applicant shall dollar amount of sales transacted during the the unavoidable result that equity in- pay to the Commission a fee that shall be period to which the fee relates under sub- vestment is lower than it would other- equal to the sum of the amounts (if any) de- section (d) by or through any member of wise be. These fees have raised the cost termined under the rates established by such association otherwise than on a na- paragraph (3). of entry into the equity markets. tional securities exchange of securities reg- ‘‘(B) PUBLICATION OF FEES.—The Commis- istered on such an exchange (other than The cost to the economy is immense. sion shall publish in the Federal Register no- bonds, debentures, and other evidences of in- These fees tax our economy’s seed cap- tices of the fee rates applicable under this debtedness); and ital—the money needed to create a har- subsection for each fiscal year. ‘‘(B) for fiscal year 2002 and each suc- vest of new jobs, goods, services, eco- ‘‘(C) AMOUNTS OF FEES.—In no case shall a ceeding fiscal year, $25 for each $1,000,000 of nomic growth, and opportunity. Clear- minimum fee required by this subsection be the aggregate dollar amount of sales referral ly, the cost of these taxes imposed on greater than $100. to in subparagraph (A) during the period to new stock issues and stock trades ‘‘(2) GENERAL REVENUE FEES.— which the fee relates under subsection (d). ‘‘(A) RATE.—The rate determined under measured in loss of economic activity ‘‘(2) REVENUES OF TREASURY.—Fees col- this paragraph is a rate equal to— lected pursuant to this subsection shall be must be counted in billions of dollars. ‘‘(i) during each fiscal year before fiscal deposited and collected as general revenue of Since a tax on new issues and equity year 2002, $200 for each $1,000,000 of the max- the Treasury. transactions must be among the most imum aggregate price at which the subject ‘‘(c) OFF-EXCHANGE-TRADES OF LAST-SALE- inefficient ways to raise revenues, such securities are proposed to be offered; and REPORTED SECURITIES.—

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S6017 ‘‘(1) COVERED TRANSACTIONS.—Each na- fee rates applicable under this section for section 6(b) registration fees closer to tional securities association shall pay to the each fiscal year.’’. the statutory level of one-fiftieth of 1 Commission a fee at a rate equal to the dol- (b) EFFECTIVE DATE; TRANSITION.— percent and it will create a more equi- lar amount determined under paragraph (2) (1) EFFECTIVE DATE.—Except as provided in for each $1,000,000 of the aggregate dollar paragraph (2), the amendment made by sub- table fee structure by expanding cur- amount of sales transacted during the period section (a) shall apply with respect to trans- rent section 31 trading fees now paid to which the fee relates under subsection (d) actions in securities that occur on or after only for transactions executed on secu- by or through any member of such associa- October 1, 1996. rities exchanges to include trans- tion otherwise than on a national securities (2) OFF-EXCHANGE TRADES OF LAST SALE RE- actions on the over-the-counter mar- exchange of securities (other than bonds, de- PORTED TRANSACTIONS.—The amendment ket. As fees are reduced over the 5-year bentures, and other evidences of indebted- made by subsection (a) shall apply with re- period, direct appropriations will be ness) subject to prompt last sale reporting spect to transactions described in section used to fund the SEC. pursuant to the rules of the Commission or a 31(d)(1) of the Securities Exchange Act of registered national securities association, 1934 (as amended by subsection (a) of this Mr. President, the bill Senator excluding any sales for which a fee is paid section) that occur on or after October 1, GRAMM and I introduce today will cre- under subsection (b). 1996. ate a permanent funding structure for ‘‘(2) FEE RATES.—Except as provided in (3) RULE OF CONSTRUCTION.—Nothing in this the SEC that enables the agency to pay paragraph (4), the dollar amount determined subsection shall be construed to affect the for itself. At one point several years under this paragraph is— obligation of national securities exchanges ago, Congress considered making the ‘‘(A) $12 for fiscal year 1997; and registered brokers and dealers under sec- SEC a self-funded agency. The fee ‘‘(B) $14 for fiscal year 1998; tion 31 of the Securities Exchange Act of structure in H.R. 2972 allows the SEC ‘‘(C) $17 for fiscal year 1999; 1934, as in effect on the day before the effec- ‘‘(D) $18 for fiscal year 2000; tive date of the amendment made by sub- to be virtually self-funded, yet gives ‘‘(E) $20 for fiscal year 2001; and section (a), to make the payments required Congress greater control over the agen- ‘‘(F) $25 for fiscal year 2002 or for any suc- by such section on March 15, 1997. cy. ceeding fiscal year. SEC. 4. TIME FOR PAYMENT. It is critical for Congress to ensure ‘‘(3) LIMITATION; DEPOSIT OF FEES.—Except Section 4(e) of the Securities Exchange Act that a stable and fair funding structure as provided in paragraph (4), no amounts of 1934 (15 U.S.C. 78d(e)) is amended by in- exists for the agency responsible for shall be collected pursuant to this subsection serting before the period at the end the fol- for any fiscal year beginning before October safeguarding our preeminent capital lowing: ‘‘, and the Commission may also 1, 2001, except to the extent provided in ad- markets. Further, fees paid by partici- specify the time that such fee shall be deter- vance in appropriations Acts. Fees collected pants in the securities markets—par- mined and paid relative to the filing of any during any such fiscal year pursuant to this ticularly for capital formation—should statement or document with the Commis- subsection shall be deposited and credited as sion’’. bear a rational relationship to the cost offsetting collections to the account pro- of regulation. viding appropriations to the Commission, ex- SEC. 5. ELIMINATION OF UNNECESSARY FEES. The fees authorized by the amendments In the words of Securities and Ex- cept that any amounts in excess of the fol- change Commission Levitt when testi- lowing amounts (and any amount collected made by this Act are in lieu of, and not in for fiscal years beginning on or after October addition to, any fees that the Securities and fying before the Commerce, State, Ju- 1, 2001) shall be deposited and credited as Exchange Commission is authorized to im- diciary Appropriations Subcommittee: general revenues of the Treasury: pose or collect pursuant to section 9701 of ‘‘In order to continue the Commission’s ∑ ‘‘(A) $20,000,000 for fiscal year 1997. title 31, United States Code. excellent record of effective law en- ∑ ‘‘(B) $26,000,000 for fiscal year 1998. Mr. D’AMATO. Mr. President, I am forcement, market oversight, and in- ‘‘(C) $32,000,000 for fiscal year 1999. pleased to join my distinguished col- vestor protection the SEC will need a ‘‘(D) $32,000,000 for fiscal year 2000. league and Securities Subcommittee long-term funding mechanism.’’ ‘‘(E) $32,000,000 for fiscal year 2001. Chairman, Senator GRAMM, in spon- Mr. President, the bill we introduce ‘‘(F) $0 for fiscal year 2002 and any suc- soring legislation to fully and fairly ceeding fiscal year. today resolves the long-debated prob- fund the Securities and Exchange Com- lem of how to provide the Securities ‘‘(4) LAPSE OF APPROPRIATIONS.—If, on the mission. The Securities and Exchange first day of a fiscal year, a regular appropria- and Exchange Commission with a per- tion to the Commission has not been en- Commission Fee Reduction Act of 1996 manent funding structure that allows acted, the Commission shall continue to col- provides a long-term solution to the the SEC to pay for itself. I commend lect fees (as offsetting collections) under this SEC’s current funding problems. my colleague from Texas for his leader- subsection at the rate in effect during the The Securities and Exchange Com- ship on this legislation and look for- preceding fiscal year, until such a regular mission is funded through offsetting ward to working with him to enact the appropriation is enacted. collections to increases in its section Securities and Exchange Commission ‘‘(d) DATES FOR PAYMENT OF FEES.—The 6(b) fees. Section 6(b) fees are paid by fees required by subsections (a), (b), and (c) Fee Reduction Act of 1996.∑ issuers who register their securities shall be paid— f ‘‘(1) on or before March 15, with respect to with the Securities and Exchange Com- transactions and sales occurring during the mission. In the last several years, the ADDITIONAL COSPONSORS period beginning on the preceding September section 6(b) fees assessed on issuers has S. 794 1 and ending at the close of the preceding De- resulted in fees collected by the agency At the request of Mr. LUGAR, the cember 31; and that far exceeds the cost of regulation. name of the Senator from California ‘‘(2) on or before September 30, with re- Any fees raised over and above the Se- [Mrs. BOXER] was added as a cosponsor spect to transactions and sales occurring curities and Exchange Commission’s during the period beginning on the preceding of S. 794, a bill to amend the Federal budget are deposited into the General January 1 and ending at the close of the pre- Insecticide, Fungicide, and Rodenticide Treasury for deficit reduction. Last ceding August 31. Act to facilitate the minor use of a pes- year, the SEC raised approximately ‘‘(e) EXEMPTIONS.— ticide, and for other purposes. ‘‘(1) COMMISSION AUTHORITY.—The Commis- $750 million in fees to pay for a budget sion may, by rule, exempt any sale of securi- of less than $300 million. S. 800 ties or any class of sales of securities from The section 6(b) fees have become a At the request of Mr. COCHRAN, the any fee imposed by this section, if the Com- tax on capital formation. These user name of the Senator from Arkansas mission finds that such exemption is con- fees now raise enough money to fund [Mr. PRYOR] was added as a cosponsor sistent with the public interest, the equal the SEC three times. The proposed 1997 of S. 800, a bill to provide for hearing regulation of markets and brokers and deal- care services by audiologists to Federal ers, and the development of a national mar- budget continues this trend by raising ket system. the statutory fee level and expanding civilian employees. ‘‘(2) LOW-VOLUME TRANSACTIONS.—No fee the fee base. The 1997 budget proposal S. 1166 shall be assessed under this section for trans- raises $776 million in fees to fund the At the request of Mr. LUGAR, the actions involving portfolios of equity securi- SEC’s $307 million budget. name of the Senator from Michigan ties taking place at times of day character- The Securities and Exchange Com- [Mr. ABRAHAM] was added as a cospon- ized by low volume and during nontradi- mission Fee Reduction Act will sta- sor of S. 1166, a bill to amend the Fed- tional trading hours, as determined by the Commission. bilize the SEC’s fee structure by reduc- eral Insecticide, Fungicide, and ‘‘(f) PUBLICATION.—The Commission shall ing fees and increasing appropriations Rodenticide Act, to improve the reg- publish in the Federal Register notices of the over a 5-year period. It will return the istration of pesticides, to provide

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S6018 CONGRESSIONAL RECORD — SENATE June 10, 1996 minor use crop protection, to improve cuted after a secret trial for his role in when they were false and fundamen- pesticide tolerances to safeguard in- leading the revolt. tally corrupt. He paid with his life for fants and children, and for other pur- His contribution to the Hungarian that mistake. poses. people and to the cause of freedom did The selflessness, fearless valor, dedi- S. 1189 not end with his execution on June 16, cation to the cause of freedom, and At the request of Mr. DEWINE, the 1958. Thirty-one years later, after his love for his country Imre Nagy dis- name of the Senator from Maine [Ms. secretly interred remains were ex- played throughout the Hungarian re- SNOWE] was added as a cosponsor of S. humed, on June 16, 1989, over 100,000 volt of 1956 helped highlight the hypoc- 1189, a bill to provide procedures for people took part in public funeral serv- risy and reveal the basic evil nature of claims for compassionate payments ices. This was a significant step in the Soviet-style communism. It started a with regard to individuals with blood- fall of the Soviet Empire, lending im- fire in the hearts of Hungarians that clotting disorders, such as hemophilia, petus to Hungary’s internal liberaliza- Soviet tanks and secret police were who contracted human immuno- tion. never able to extinguish. deficiency virus due to contaminated Over the summer of 1989, Hungary Imre Nagy gave his life for eternal blood products. began to dismantle its part of the Iron ideals: freedom, liberty, human dig- Curtain on its western border. In Sep- S. 1460 nity, and selfless love of his people. He tember 1989, Hungary opened the bor- saw that evil, in the form of Soviet- At the request of Mrs. BOXER, the der for East German refugees to travel name of the Senator from Colorado style communism, triumphed because to the Federal Republic of Germany. too many good people, including polit- [Mr. CAMPBELL] was added as a cospon- This action sparked the exodus of ical leaders, did nothing. Imre Nagy sor of S. 1460, a bill to amend the Ma- East Germans to the West, and ignited dreamed of change for the better for all rine Mammal Protection Act of 1972 to a revolution in East Germany that Hungarians. He acted upon his dreams, support the International Dolphin Con- later spread to Czechoslovakia. It led showing true leadership, courage, and servation Program in the eastern trop- directly to the fall of the Wall, an determination. ical Pacific Ocean, and for other pur- event most Americans never expected He paid the ultimate price for his poses. to see in their lifetimes, and the even- convictions, but his sacrifice was not S. 1505 tual collapse of the Soviet Union, an in vain. Hungary, along with other At the request of Mr. PRESSLER, the even more improbable event. name of the Senator from Alaska [Mr. Imre Nagy was a dedicated Com- Eastern European nations, regained its independence in 1990, and the Soviet STEVENS] was added as a cosponsor of munist, but he was also a patriotic S. 1505, a bill to reduce risk to public Hungarian, and original thinker, a Union itself collapsed in 1991. His exe- safety and the environment associated leader, and a very brave man. He cutioners killed Imre Nagy’s physical with pipeline transportation of natural fought for the Bolshevik forces during body, but they could not kill his spirit. gas and hazardous liquids, and for the Russian Revolution of 1917, and In the end, freedom triumphed, and I other purposes. participated in the Bela Kun Com- am confident that future generations will draw inspiration and courage from S. 1612 munist regime in Hungary in March 1919. his example. At the request of Mr. HELMS, the For his contributions to his country name of the Senator from Virginia [Mr. After the fall of that regime, he spent the inter-war years in the Soviet and the cause of freedom, Imre Nagy WARNER] was added as a cosponsor of S. Union, studying and making propa- deserves to be remembered, not just by 1612, a bill to provide for increased ganda broadcasts back to Hungary. all those of Hungarian descent, but by mandatory minimum sentences for After the Red Army drove Nazi forces all who love freedom.∑ criminals possessing firearms, and for out of Hungary at the end of World War other purposes. II, Nagy returned and participated in f S. 1735 the newly established Government, At the request of Mr. PRESSLER, the eventually becoming Prime Minister ORDERS FOR TUESDAY, JUNE 11, names of the Senator from Pennsyl- on July 4, 1953. 1996 vania [Mr. SANTORUM], the Senator His rise to power in Hungary coin- from Kentucky [Mr. MCCONNELL], and cided with the death of Josef Stalin. He Mr. DOLE. Mr. President, I ask unan- the Senator from Wisconsin [Mr. FEIN- attempted to liberalize the Stalinist imous consent that when the Senate GOLD] were added as cosponsors of S. system that had been imposed on Hun- completes its business today it stand in 1735, a bill to establish the United gary. His program of National Com- adjournment until the hour of 9 a.m., States Tourism Organization as a non- munism, however, posed a grave threat Tuesday, June 11; further, that imme- governmental entity for the purpose of to Soviet domination. He was removed diately following the prayer, the Jour- promoting tourism in the United from government and expelled from the nal of proceedings be deemed approved States. Hungarian Communist Party in 1955. to date, no resolutions come over under S. 1831 However, as the only communist who the rule, the call of the calendar be dis- pensed with, the morning hour be At the request of Mr. PRESSLER, the had the trust of the Hungarian people, name of the Senator from Alaska [Mr. he was recalled to be Prime Minister deemed to have expired, the time for the two leaders be reserved for their STEVENS] was added as a cosponsor of on October 24, 1956, after the Hungarian S. 1831, a bill to amend title 49, United revolt had begun. He held that position use later in the day, there then be a pe- States Code, to authorize appropria- until November 4, 1956, when the Soviet riod for the transaction of morning tions for fiscal years 1997, 1998, and 1999 Red Army crushed the revolt in bloody business with Senators permitted to for the National Transportation Safety combat. speak for up to 5 minutes each; I fur- Board, and for other purposes. Nagy sought asylum in the Yugoslav ther ask unanimous consent that Sen- Embassy in Budapest, where he re- ator NICKLES be in control of the time f mained until November 22, 1956. Then, between 10 and 12 noon, with the excep- ADDITIONAL STATEMENTS apparently believing the promises of tion of 15 minutes between 11:30 and safe conduct issued by the Janos Kadar 11:45 be reserved for Senator BYRD, and government, he left the safety of the 10 minutes be reserved between 11:45 COMMEMORATING THE BIRTH OF Embassy only to be arrested by Soviet and 11:55 for Senator DASCHLE, and, IMRE NAGY forces. further, that the majority leader be ∑ Mr. D’AMATO. Mr President, I rise He was turned over to Hungarian au- recognized at the hour of 12 noon—ap- today to call my colleagues’ attention thorities, who tried him in secret and proximately 12 noon—and the Senate to the 100th anniversary of the birth of sentenced him to death. He refused an then stand in recess until the hour of Imre Nagy, the Prime Minister of Hun- offer of clemency and was executed on 2:15 immediately following those re- gary during the Hungarian revolt June 16, 1958. marks. against Soviet Communist domination. He had made the error of taking the The PRESIDING OFFICER. Without Born on June 7, 1896, Nagy was exe- promises of communism at face value, objection, it is so ordered.

VerDate Aug 31 2005 06:21 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S10JN6.REC S10JN6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 10, 1996 CONGRESSIONAL RECORD — SENATE S6019 PROGRAM gave considerable amounts in the nego- NOMINATIONS Mr. DOLE. Mr. President, for the in- tiations. But I think we reached a very Executive nominations received by formation of all Senators, on Tuesday good agreement, I mean good in the the Senate, June 10, 1996: morning there will be a period of morn- sense for the American people. UNIFORMED SERVICES UNIVERSITY OF THE ing business during which the Senate f HEALTH SCIENCES EVERETT ALVEREZ, JR., OF MARYLAND, TO BE A MEM- will consider any legislative or execu- WE ARE ON THE RIGHT TRACK BER OF THE BOARD OF REGENTS OF THE UNIFORMED tive items that can be cleared. Fol- SERVICES UNIVERSITY OF THE HEALTH SCIENCES FOR A Mr. DOLE. Mr. President, this is the lowing the 2 hours under the control of TERM EXPIRING MAY 1, 1999. (REAPPOINTMENT) last time I will close the Senate. I will Senator NICKLES, the majority leader DEPARTMENT OF ENERGY open the Senate tomorrow morning. I will be recognized. Following those re- VICKY A. BAILEY, OF INDIANA, TO BE A MEMBER OF will make a statement sometime THE FEDERAL ENERGY REGULATORY COMMISSION FOR marks, the Senate will recess until the around noon tomorrow. But I want to THE TERM EXPIRING JUNE 30, 2001. (REAPPOINTMENT) hour of 2:15 for the weekly policy con- thank all the staff and all my col- DEPARTMENT OF STATE ferences to meet. At 2:15, following the leagues. And we will all be looking WYCHE FOWLER, JR., OF GEORGIA, TO BE AMBASSADOR swearing in of Lieutenant Governor EXTRAORDINARY AND PLENIPOTENTIARY OF THE back at what happens in this Congress, Frahm of Kansas as a U.S. Senator, the UNITED STATES OF AMERICA TO THE KINGDOM OF SAUDI what action was taken, what did we do ARABIA. Senate will begin consideration of the for the American people, what did we EQUAL EMPLOYMENT OPPORTUNITY COMMISSION budget conference report under the 10- do to the American people. REGINALD EARL JONES, OF MARYLAND, TO BE A MEM- hour time limitation. It is still hoped BER OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- I believe when the record is added up, that much of the debate time will be MISSION FOR A TERM EXPIRING JULY 1, 2000, VICE ROSA- the asset side, the debit side, the assets LIE GAULL SILBERMAN, TERM EXPIRED. yielded back so that the Senate may will far outweigh the debit side. We are CORPORATION FOR PUBLIC BROADCASTING complete action during Tuesday’s ses- on the right track. We are trying to re- HEIDI H. SCHULMAN, OF CALIFORNIA, TO BE A MEMBER sion of the Senate. duce the role of Government. We are OF THE BOARD OF DIRECTORS OF THE CORPORATION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING JAN- f trying to balance the budget, which 83 UARY 31, 2002, VICE MARTHA BUCHANAN, RESIGNED. HEALTH CARE REFORM percent of the American people think PUBLIC HEALTH SERVICE we should do. We failed to pass a bal- THE FOLLOWING CANDIDATES FOR PERSONNEL AC- Mr. DOLE. Mr. President, let me also anced budget amendment by two TION IN THE REGULAR CORPS OF THE PUBLIC HEALTH indicate to my colleagues that we have SERVICE SUBJECT TO QUALIFICATIONS THEREFOR AS votes—two votes last week, and last PROVIDED BY LAW AND REGULATIONS: just completed a very successful meet- March by one vote. That is not the end. 1. FOR APPOINTMENT: ing with Republican House Members And I hope that that will happen some- To be assistant surgeon: and Republican Senators on health time, if not this year, next year. JOHN M. BALINTONA ROCHELLE NOLTE care reform. We have now reached But whether it is welfare reform or AL-KARIM A. DHANJI DAVID C. HOUGHTON agreement on the Republican side. Sen- HEIDI C. ERICKSON JOHN MOHS Medicaid reform or trying to save TRACEY A. FORD MARK A. SHEFFLER ator KASSEBAUM, Senator ROTH, Con- Medicare, trying to change the tax sys- KIMBERLY S. STOLZ gressman ARCHER, Congressman tem, to downsize the IRS, and a lot of IN THE AIR FORCE HASTERT, Congressman ARMEY, the things we think should be done, my THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT Speaker, myself, Congressman KASICH, TO THE GRADE OF GENERAL IN THE U.S. AIR FORCE view is the American people will be- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND and many others have been involved in lieve we are on the right track, as long RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE, this process. as they are told the truth, and as long SECTION 601: To be general We believe that we have put together as we keep our word. If we do not tell a good, solid, health reform bill that the truth, then you cannot fault the LT. GEN. HOWELL M. ESTES III, 000–00–0000 will help millions and millions of THE FOLLOWING-NAMED OFFICER FOR PROMOTION IN American people for being cynical THE REGULAR AIR FORCE OF THE UNITED STATES TO Americans. My only regret is that we about Congress and about those of us THE GRADE INDICATED UNDER TITLE 10, UNITED STATES cannot vote on it before I leave at 2 who have been honored and privileged CODE, SECTION 624: To be brigadier general o’clock tomorrow. But we have the to serve in the Congress. agreement. That is the important So I will keep an eye on all you peo- COL. GILBERT J. REGAN, 000–00–0000, U.S. AIR FORCE thing. I hope now that the Democrats, THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT ple now that I am leaving. We will look IN THE RESERVE OF THE AIR FORCE, TO THE GRADE IN- including the Senator from Massachu- back from time to time and see how DICATED, UNDER TITLE 10, UNITED STATES CODE, SEC- setts, Senator KENNEDY, will take a Congress is responding. And I will be TIONS 8374, 12201, AND 12212: hard look at what we have been able to back from time to time as my party’s To be brigadier general put together. In our view it goes a long nominee to visit with the leadership in COL. CHRISTOPHER J. LUNA, 000–00–0000, AIR NATIONAL way in ensuring portability. It does a GUARD OF THE UNITED STATES. the House and the Senate and many of IN THE ARMY great deal for the self-employed. It my other friends in the Senate. THE FOLLOWING U.S. ARMY NATIONAL GUARD OFFICER does a great deal in making health care So it has been a good ride. I have cer- FOR PROMOTION IN THE RESERVE OF THE ARMY TO THE affordable. It also will start the MSA tainly enjoyed my time as leader of the GRADE INDICATED UNDER TITLE 10, UNITED STATES process, medical savings accounts, Republican side, as the majority leader CODE, SECTIONS 3385, 3392 AND 12203(A): To to brigadier general which have broad appeal in this coun- and the minority leader. But I must try. say, I enjoyed more being the majority COL. LLOYD E. KRASE, 000–00–0000 We believe we are on the right track. leader. There is a thing about being in IN THE MARINE CORPS So now it is up to the White House. It the majority that is a bit better than THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. is up to the President. I hope the Presi- being in the minority, particularly MARINE CORPS WHILE ASSIGNED TO A POSITION OF IM- dent will say this is good, this is close when as Republicans we waited so long PORTANCE AND RESPONSIBILITY UNDER THE PROVI- SIONS OF SECTION 601(A), TITLE 10, UNITED STATES enough, maybe not everything he for it to happen, 40 years. I think the CODE: wanted. It is not everything we wanted, Democrats agree, 40 years is a long To be lieutenant general but that is the way it works when you wait. But it happened. We are proud of MAJ. GEN. PETER PACE, 000–00–0000 go to conference. it. And we are proud of America. IN THE NAVY So the Republicans have agreed. Now f THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT we need to appoint conferees. Hopefully TO THE GRADE OF VICE ADMIRAL IN THE U.S. NAVY our Democratic colleagues will let us ADJOURNMENT UNTIL 9 A.M. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TOMORROW RESPONSIBILITY UNDER TITLE 10 UNITED STATES CODE, do that tomorrow. They refused to let SECTION 601: us appoint conferees. But now since the Mr. DOLE. Mr. President, if there is To be vice admiral Republicans have agreed—we are the no further business to come before the REAR ADM. (SELECTION) CHARLES S. ABBOTT, 000–00–0000 majority party—I hope there will be an Senate, I now ask that the Senate THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT effort to come together. I want to stand in adjournment under the pre- TO THE GRADE OF ADMIRAL IN THE U.S. NAVY WHILE AS- SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- thank particularly my colleague, Sen- vious order. BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION ator KASSEBAUM, and also Congressman There being no objection, the Senate, 601: ARCHER. They both had to give up—you at 6:45 p.m. adjourned until Tuesday, To be admiral cannot have everything. They both June 11, 1996, at 9 a.m. VICE ADM. THOMAS J. LOPEZ, 000–00–0000

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WILL THE DETROIT NEWSPAPER June 29, 1996, Frank and Lawanda Bea ous Navy bases around the world. He earned AGENCY PLEASE COME TO THE Fourez of Christopher, IL, will celebrate their such titles as officer in charge, Naval Weather BARGAINING TABLE golden wedding anniversary. I refer to this as Service Environmental Detachment for the an accomplishment because anyone that has Midway Islands; command duty officer and HON. JOHN CONYERS, JR. been married knows the work involved in aviation division officer at Fleet Weather Con- OF MICHIGAN maintaining this blessed institution. It requires trol at Norfolk, VA; meteorological officer love, patience, and above all, a devotion to aboard the USS Saratoga, and finally, from IN THE HOUSE OF REPRESENTATIVES your mate to supersedes all else. I want to 1979 to 1981, officer in charge, Naval Ocean- Monday, June 10, 1996 personally congratulate the Fourez on reach- ography Command Detachment, Keflavik, Ice- Mr. CONYERS. Mr. Speaker, 333 days ago ing this milestone, as well as send my best to land. more than 2,000 union employees of the De- their large and undoubtedly proud family. In the ensuing years Captain Plante contin- troit Newspaper Agency were forced to strike It seems that Frank and Lawanda Bea un- ued to move up in both rank and duties. After after the Detroit News and Detroit Free Press derstand devotion. Just 20 and 16 when they his graduation from the Naval War College in refused to bargain with them in good faith. In wed, the couple has spent over two-thirds of Newport, RI in 1982 he became the com- the 5 years before the strike, the relevant their lives together. Since their union they mander of the Naval Oceanography Com- unions conceded to management demands to have witnessed the fallout from a world war, mand. Two years later he was assigned to eliminate nearly 1,000 jobs and gave up the beginning and end of the cold war, and all commanding officer of the Naval Oceanog- countless pay raises to help make these of the trials and tribulations of a young Nation raphy Command Facility at Bay St. Louis, MS. newspapers profitable, but this profit only taking on the challenges of world leadership For the following 3 years Captain Plante dis- made the newspapers eager for more. and its own civil harmony. And through all of tinguished himself as Division Director for the When these papers began to earn more these monumental changes, their life together Oceanographer of the Navy, Division Director than $1 million per week, instead of using this has been incredibly consistent. They have re- for Welfare Systems Engineering Policy and money to rehire workers and restore pay lied on the staples of family and community, Standards at the Space and Naval Warfare raises to the workers who made it possible, living in Christopher for all 50 years. The Systems Command, commanding officer of they said it was time for more sacrifices. Fourezs had seven children, and are enjoying the U.S. Naval Oceanography Command Cen- Today, the Detroit News and Detroit Free a bounty of grandchildren and great-grand- ter/Joint Typhoon Warning Center at Guam, Press are losing almost $5 million per week children, currently numbering 16. Loyalty is a and finally in August 1990 he assumed his du- because of reaction to their antiworker busi- way of life, as Frank worked as a sales man- ties as Chief of Staff for the Commander at ness tactics, but the newspapers claim that ager for Central Wholesale Liquor Co. in Mt. Naval Oceanograph Command. they no longer need the striking workers. Even Vernon for 35 years before retiring. Captain Plante is the distinguished recipient though the NLRB has issued two unfair labor Mr. Speaker, it takes truly special people to of the Legion of Merit Medal, the Meritorious practice complaints against the Detroit news- persevere and thrive throughout a 50-year re- Service Medal with a gold star. The Navy paper for their bad faith bargaining and unilat- lationship. The Fourez family clearly is an ex- Commendation Medal with two gold stars, the eral imposition of changes in working condi- ample that our entire Nation can look to in Navy Unit Commendation Ribbon and the Na- tions, they refuse to even begin negotiating terms of family values and the vital place of a tional Defense Service Medal. Along with with the unions. loving family in our society. I wish Frank and these esteemed awards Captain Plante has I urge my colleagues to join with me in reex- Lawanda Bea limitless joy while they celebrate also been prestigiously recognized as ``Fellow'' amining the Newspaper Preservation Act of this occasion and many more years of happi- in the American Meteorological Society. 1970 which sanctions, joint operating agree- ness. It is an honor to represent them in the The above list of titles and awards which ments, like the one under which the Detroit U.S. Congress. Captain Plante holds is only a part of the rea- newspapers operate. The joint operating f son for this tribute to a great man. His con- agreement gives the combined Detroit News stant drive to succeed, his continued push to TRIBUTE TO CAPT. ROBERT J. assume more responsibilities, and his out- and Detroit Free Press a powerful weapon PLANTE against the unions by providing them limited standing leadership qualities are the main rea- antitrust immunity for the purpose of combin- sons we recognize him today. I know I am ing certain operations, such as printing and HON. SAM FARR speaking for all of my constituents to say that OF CALIFORNIA other production operations. we are lucky to have benefited from Captain IN THE HOUSE OF REPRESENTATIVES Before the workers were forced to strike, the Plante's service to his country. Detroit Newspaper Agency earned $56 million Monday, June 10, 1996 f in 1 year; this year, with the workers striking, Mr. FARR of California. Mr. Speaker, I rise REMARKS HONORING TROY CHAM- they are expected to lose $250 million. It is today to pay tribute to a man who has served BER PRESIDENT ROY E. clear that Gannett and Knight-Ridder are will- and led his country in the Navy for over 28 CARLSON ing to sacrifice their economic well-being in years. Capt. Robert J. Plante, who began his order to gain the upper hand in labor-manage- career as a naval aviator in February 1968, is HON. JOHN A. BOEHNER ment relations. I urge the Detroit Newspaper now retiring as commanding officer of the OF OHIO Agency to please come to the bargaining table Fleet Numerical Meteorology and Oceanog- IN THE HOUSE OF REPRESENTATIVES and end this impasse. raphy Center in Monterey, CA, a position he Monday, June 10, 1996 f assumed in 1992. Captain Plante has led a distinguished life. Mr. BOEHNER. Mr. Speaker, it is my privi- HONORING THE 50TH WEDDING AN- He graduated from the University of Illinois/Illi- lege and pleasure to recognize Roy E. NIVERSARY OF MR. AND MRS. nois Institute of Technology in 1966 with a Carlson for his years of service to the cham- FRANK FOUREZ, JR. bachelor of science degree in chemical engi- bers of commerce in Ohio and Michigan. Roy neering and political science. By 1973 he had has been with the Troy Chamber of Com- HON. GLENN POSHARD not only completed naval flight training but merce for the past 10 years, and with his pre- OF ILLINOIS also became an aircraft commander at the vious experience, has been professionally as- IN THE HOUSE OF REPRESENTATIVES Naval Air Station in Brunswick, ME, and suc- sociated with the chamber for a total of 30 cessfully completed his masters degree in me- years. He has decided to retire at the end of Monday, June 10, 1996 teorology from the Naval Postgraduate School. this month. Though all of us who know Roy Mr. POSHARD. Mr. Speaker, I rise today to For the following 9 years after graduation, are happy for him for his upcoming retirement, honor a truly remarkable accomplishment. On Captain Plante served his country at numer- we know his shoes will be hard to fill.

∑ 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. E1040 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1996 Roy has devoted his time promoting eco- cases, in Oakland, CA. He first worked with thus given to the person who has illegally nomic development wherever he worked. Prior criminal law attorney Clinton White as a sole used drugs rather than to the person who is to his 10 years of service to the Troy Area practitioner. He then served as a partner with drug free. This sentencing disparity must end, Chamber of Commerce, Roy was executive the law firm of Wilson, Metoyer, Sweeney, and It is absurd that prisoners with drug problems vice president of the Findlay, OH, Area Cham- Broussard. are able to have sentences reduced while ber of Commerce. Before that he was man- Wilmont Sweeney was born in Austin, TX. those who are drug free do not have the same ager of the Marshall MI, Chamber of Com- He served to sergeant in the U.S. Army during advantage. The law actually benefits those merce. He is also active in the Ohio Develop- World War II from 1944 to 1946 and then in with drug addictions rather than those who are ment Association, Chamber of Commerce Ex- the U.S. Army Reserve from 1948 to 1949. He substance abuse free. ecutive of Ohio, and the Japan-Ohio Inter- received a B.A. in 1950 from the University of It is a bit absurd that a prisoner who does national Network. California, Berkeley in Political Science and a not have an abuse problem cannot receive I have had the opportunity to get to know J.D. In 1955 from Hastings College, San Fran- credit for his or her good behavior while some- Roy over the past 6 years and watched him cisco, CA. While at Hastings, he was the Note one who has a drug problem can. This is a lit- work tirelessly to promote growth in the Troy, and Comment Editor of the Hastings Law tle like a school rewarding a student who be- OH, area. His labor has benefited the commu- Journal from 1954 to 1955. He was admitted haves well on Halloween, after having been nity by bring new business opportunities and to the California Bar, the U.S. Court of Ap- malicious the year before, for good behavior jobs for Miami County and the surrounding peals, Ninth Circuit, and the U.S. District while the student who never got into trouble area. His drive and vision for Troy and Miami Court, Northern District of California in 1955, receives nothing. It is simply not equitable. No County have truly made a difference. Roy's and to the U.S. Supreme Court in 1967. one should be rewarded for avoiding bad be- position as president of the Troy Area Cham- Judge Sweeney has served on numerous havior that should not have occurred in the ber of Commerce may be filled, but Roy can public service boards, commissions, and com- first place. never truly be replaced. mittees; and, he has been the recipient of Fortunately, H.R. 2650 corrects this dispar- Therefore, Mr. Speaker, I wish to recognize many awards and recognition for that service. ity. The legislation eliminates the Bureau of Roy E. Carlson for his service to his commu- Just a few examples will be given here: the Prison's discretionary authority to grant early nity through his leadership in the chamber of Benjamin Ide Wheeler Award as Berkeley's release to nonviolent drug addicted prisoners commerce. May be enjoy his years of retire- Most Outstanding Citizen in 1971; the W. in the same way that nondrug addicts are ment and take great pleasure in knowing that Byron Rumford Humanitarian Medal in 1987; granted early release. It also stops the accrual what he has accomplished over the years Certificate of Commendation for outstanding of early release time that a ``treated'' prisoner through his economic development efforts has accomplishments on behalf of abused and ne- can earn through good behavior and requires touched the lives of those in the communities glected children from the State of California's that prisoners be drug free upon their release where he has served. Department of Social Services in 1987; Judge from prison. f of the Year Award from the Alameda County I applaud this legislation and especially Lawyers Club in 1988; Unsung Hero Award compliment Congressman FRED HEINEMAN for TRIBUTE TO JUDGE WILMONT from the Oakland Crack Task Force for his his yeoman like work on this initiative. I hope SWEENEY outstanding community involvement in drug the other body will quickly act on this legisla- prevention and education in 1990; the State's tion and that the President will soon sign this HON. RONALD V. DELLUMS first Juvenile Court Judge of the Year Award much needed reform into law. OF CALIFORNIA by the Juvenile Court Judges of California in f IN THE HOUSE OF REPRESENTATIVES 1992; and, the Chief Probation Officers' Timo- CONGRATULATIONS TO THE Monday, June 10, 1996 thy Fitzharris Award in recognition of his major contributions to the field of probation services. CASEY-WESTFIELD SOFTBALL Mr. DELLUMS. Mr. Speaker, it is with great On Thursday, June 13, 1996, the Alameda TEAM pride and appreciation that I call to your atten- County Bar Association and a host of friends tion the extraordinary accomplishments of a will honor Judge Sweeney upon his retirement HON. GLENN POSHARD devoted public servant, a noted and revered as judge of the superior court and presiding OF ILLINOIS jurist, and a dear friend and colleague. judge of juvenile court. I join in thanking Judge IN THE HOUSE OF REPRESENTATIVES Judge Wilmont Sweeney has just retired Sweeney for all his numerous contributions to Monday, June 10, 1996 from the Superior Court of Alameda County, the well-being of our society, and for his self- where he had served for 17 years and had less efforts that span 35 years of elected pub- Mr. POSHARD. Mr. Speaker, as spring been presiding judge of the Juvenile Division lic service. Additionally, I would note that all of fades into summer and commencement ad- for 15 of those years. He was appointed by us have been very blessed and fortunate to dresses are heard across this great land, it is Gov. Jerry Brown, Jr., in 1979, elected in 1980 have had such a remarkable human being in time for another seasonal rite, that of State and reelected in 1986. Prior to that he had our midst. softball championships. I rise today to con- been appointed in 1974 by Gov. Ronald f gratulate the young women of Casey-Westfield Reagan as judge of the Municipal Court of the High School in Casey, IL, who recently cap- Berkeley-Albany Judicial District of Alameda MANDATORY FEDERAL PRISON tured their fourth class A State championship County, and elected to that position in 1978. DRUG TREATMENT ACT OF 1996 in the last 10 years. They continue to be a His rulings and contributions on the bench source of enormous pride for their entire com- have been hailed by many for their legal acu- SPEECH OF munity, and I hope they relish this tremendous men, wisdom, and care for children and the HON. MICHAEL PATRICK FLANAGAN accomplishment for years to come. families that have come before him. He has OF ILLINOIS Head Coach Denny Throneburg and assist- been a leader, locally and at the State level, IN THE HOUSE OF REPRESENTATIVES ants Dave Shawver and Michelle Stinson de- in promoting juvenile law legislation and in serve a great deal of credit for directing the raising public awareness of children's issues. Tuesday, June 4, 1996 Lady Warriors to a school record 38 win sea- Prior to his judicial service, Wilmont Mr. FLANAGAN. Mr. Speaker, on June 4, son. Coach Throneburg has been at the helm Sweeney had served as a member of the 1996, the House unanimously passed H.R. since the program's inception 19 years ago, Berkeley City CouncilÐ1961 to 1974Ðand as 2650, the Mandatory Federal Prison Drug and currently has an astonishing 527±50 vice mayor of the cityÐ1967 to 1974. To that Treatment Act introduced by my Judiciary record during that time. During their champion- task he brought his thoughtful deliberation, ad- Committee colleague, Congressman FRED ship run, the Lady Warriors surrendered just vice, and decisionmaking to a whole range of HEINEMAN. This legislation helps rectify an in- two runs in three games posting two shutouts, nettlesome issues in a community that was equity in the law that occurred when Congress including a 9±0 win in the title game. This kind the epitome of diverse interests and opinions. passed the 1994 Violent Crime Control and of dominance was a fitting close to a remark- He became legendary for his reasonableness Law Enforcement Act, also known as the 1994 able season. and ability to help bring persons with opposing crime bill, 2 years ago. Mr. Speaker, as an ex-baseball coach, I ap- points of view to positions of agreement, com- Presently, by completing a drug treatment preciate what it takes to field such a superb promise, or accommodation. program a prisoner can get out of jail up to 1 unit. Softball is a team game, but it breaks From 1955 to 1974, Wilmont Sweeney was year earlier than someone who does not have down to individuals knowing their assignments in private practice, handling all kinds of legal an abuse problem. Preferential treatment is and executing them at crucial moments. This June 10, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1041 requires fundamentals, intelligence, and a ernors across the United States, have worked forming welfare. Food is a basic need and commitment to excellence that is beautiful to diligently to improve the manner in which pub- must be available to low-income families. behold when it manifests itself. I believe it was lic assistance benefits are provided to our I am encouraged the Wisconsin Works Pro- best summed up by a spectator at this year's neediest citizens. However, they cannot do gram includes a mandatory nutrition education State tournament who told Coach Throneburg this without reducing the mandates of the Fed- component so that families will receive edu- that the State tournament just was not the eral Government. Governor Thompson and cation on how to budget funds to ensure good same without Casey-Westfield involved. This other Governors need our help in getting relief diets. In addition, the cash-out of food stamps is high praise for not only a class team and from the heavy hand of Washington bureau- is linked to a program with strong work re- coach, but for the entire school, the families, crats. quirements. and all of the fans of these talented women. The Federal waiver process is time consum- USDA, over the years, has approved sev- I am very proud to represent Casey in the ing and States are pressured to drop certain eral demonstration programs that issue cash U.S. Congress, and I wish the players all of waiver requests, thereby changing the design instead of food stamps and almost half of the the best in their future endeavors. I would like of State reforms. That is why we are here States operate some form of a cash-out pro- to read their names for the record: Kylie today. gram. As with those other programs, I intend Redman, Terri Kemper, Trisha Hupp, Bethany The bill before the House of Representa- to watch the Wisconsin program so that we McClellan, Melinda Hickox, Heather Sanders, tives today provides that relief to Wisconsin. will know that Federal dollars provided for food Debbie Hall, Jenny Wimbley, Monica The Federal waivers that are necessary to im- are indeed spent on food. Sudkamp, Rachael McClellan, Heather Black, plement the Wisconsin Works Program are Mr. Speaker, I urge Members to support Katie McClellan, Angela Webber, Stephanie granted through this bill. The bill ensures that H.R. 3562 and the Wisconsin Works Program. Stephen, Sarah Lemond, Dara Throneburg, no additional cost will accrue to the Federal The President has expressed support for the and Lyndsay Sanders. Government. Wisconsin Works Program and Congressman f The Wisconsin Works Program offers its KLECZKA's substitute amendment, provided for participants the opportunity to earn wages and in the rule, urges the administration to approve TRIBUTE TO SCHOOL LUNCH to learn how to increase their value to employ- waivers necessary to allow Wisconsin to carry PROGRAM ers. Wisconsin has been testing various meth- out its program. ods of reforming the welfare system for sev- f HON. VIC FAZIO eral years. Its other demonstration projects in- clude, Work Not Welfare, Work First, Children TRIBUTE TO MARIANNE BARRIOS OF CALIFORNIA First, and Pay for Performance. The consistent IN THE HOUSE OF REPRESENTATIVES theme throughout all of these projects, and in- Monday, June 10, 1996 corporated in the Wisconsin Works Program, HON. HOWARD L. BERMAN is the expectation of personal responsibility OF CALIFORNIA Mr. FAZIO of California. Mr. Speaker, I rise and the goal of independence and a promising IN THE HOUSE OF REPRESENTATIVES today in honor of the 50th anniversary of the future for welfare participants. National School Lunch Program. This highly Monday, June 10, 1996 Governor Thompson's proposal for Wiscon- successful program serves over 25 million sin Works includes waivers applicable to the Mr. BERMAN. Mr. Speaker, I am honored to meals annually to the children of California's Food Stamp Program. As chairman of the pay tribute to Marianne Barrios, the energetic Third Congressional District. Committee on Agriculture, which has respon- photojournalist-general manager of the San In 1946, President Truman signed the Na- sibility for the Food Stamp Program, I certainly Fernando Sun. This year Marianne is being tional School Lunch Act, which was designed appreciate the need for reform of this pro- given special recognition by the Mission Hills to ensure the nutritional health of the Nation's gram. Chamber of Commerce for many years of students. Some 7.1 million children were The first hearing held when I became chair- service to the chamber and the northeast San served by the program by the end of its first man of the Committee on Agriculture was on Fernando Valley. Those of us lucky enough to year. Currently, the National School Lunch the Food Stamp Program. Our committee has know Marianne know that this honor is richly Program serves breakfasts, lunches, and developed a comprehensive reform of the pro- deserved. afternoon snacks, to more than 25 million chil- gram and it is incorporated in the Personal Marianna is best known for her work with dren across the country. Responsibility and Work Opportunity Act of the San Fernando Sun. Readers of the paper In spite of the School Lunch Program's obvi- 1996. This reform emphasizes work for able- know that she does an exceptional job keep- ous successes, the program was targeted for bodied persons, promotes real jobs with incen- ing people informed. She makes a point of draconian cuts by the Republican Congress. tives, allows States to harmonize welfare pro- coming to grand openings, rallies, chamber Under the Republican plan, cuts in the School grams with the Food Stamp Program, and eventsÐI have enjoyed seeing Marianne at Lunch Program would have cost California curbs trafficking and fraud with increased pen- many of these over the yearsÐand covering about $1 billion over 4 years. alties. the various communities in San Fernando and I am proud to have opposed these cuts, and The waivers to the Food Stamp Program in- the northeast valley. All of us who care about I salute the National School Lunch Program, corporated in this bill provide Wisconsin the the area owe a huge debt of gratitude to for its 50 years of success in feeding our Na- ability to match its program with the Food Marianne for her work. tion's children. This is an excellent example of Stamp Program in the areas of certification, As busy as she is with the San Fernando government that works. employment, and training programs and work Sun, Marianne somehow finds time for other f requirements. Additionally, for those persons activities. For example, she is a member of in the Wisconsin Works Program who also re- the Foothill Area Boosters Association, the WISCONSIN WORKS WAIVER ceive food stamps, food benefits will be pro- San Fernando Valley Police Advisory Council APPROVAL ACT vided in cash. The Wisconsin program in- and the northeast valley chapter of the Amer- cludes a mandatory nutrition education pro- ica Heart Association. In addition, she is a SPEECH OF gram. Wisconsin believes that for its partici- present or past board member of New Direc- pants to become self-sufficient, they need to tions for Youth, the San Fernando and Mission HON. PAT ROBERTS know how to budget for food purchases, with- Hills Chambers of Commerce and the Holy OF KANSAS out the parameters specified by the use of Cross Medical Center Century Club. IN THE HOUSE OF REPRESENTATIVES food coupons. Wisconsin estimates that ap- The devoted mother of a 15-year-old son, proximately half of the families receiving food Marianne spends much of her time working Thursday, June 6, 1996 stamps will be provided cash instead of food with organizations dedicated to improving the Mr. ROBERTS. Mr. Speaker, I rise in sup- stamps. lives of children. It is another way in which she port of H.R. 3562, a bill to authorize the State I am not generally in favor of substituting has made an invaluable contribution to the of Wisconsin to implement the demonstration cash for food stamp benefits. One of the im- community. project known as Wisconsin Works. Gov. portant tenets of our welfare reform proposal I ask my colleagues to join me today in sa- Tommy Thompson is a recognized leader in was that food stamps would remain as the luting Marianne Barrios, whose selflessness the area of welfare reform. He, and other Gov- safety net program during the transition of re- and dedication is a shining example to us all. E1042 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1996 TRIBUTE TO GESU CATHOLIC the continued growing support for democracy. DAY OF PORTUGAL CHURCH OF MIAMI Another front worthy of note is the improve- ments and reforms made in the area of human HON. ROBERT G. TORRICELLI HON. ILEANA ROS-LEHTINEN rights. Finally, I believe the Government of OF NEW JERSEY OF FLORIDA India is to be commended for the initiatives IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES undertaken to liberalize the economy and to recast its markets. Monday, June 10, 1996 Monday, June 10, 1996 I am pleased that 295 other House Mem- Mr. TORRICELLI. Mr. Speaker, I rise today Ms. ROS-LEHTINEN. Mr. Speaker, it gives bers chose to join me in rejecting this amend- in honor of the Dia de Portugal, or Day of Por- me tremendous pleasure to pay tribute to ment, Mr. Speaker. Our vote speaks of our tugal, which commemorates Portugal's numer- Gesu Catholic Church of Miami, which has for and the United States' support for a strong re- ous achievements and rich cultural heritage. the past 100 years been the spiritual heart for lationship between our governments. This is a day for the Portuguese community to the people of south Florida. As Miami cele- rejoice in the strides they have made as a brates its centennial anniversary, so too does f people. More important, it provides the rest of the Gesu Catholic Church. Together the city the world the opportunity to heighten its and the church have been harmonious part- CONGRATULATIONS TO LOIS J. awareness of this valuable segment of our so- ners in a relationship that has seen Miami be- LECRONE ON HER RETIREMENT ciety. come a premier city of the United States and Perhaps the most significant aspect of the the Americas. day is its connection to the Portuguese poet As the first house of worship in Miami, HON. GLENN POSHARD Luis de Camoes. June 10 marks his birthday, Gesu's contributions to the cultural, religious, and is thus an excellent occasion to recognize educational, and charitable development of OF ILLINOIS his contributions of Portugal's language and south Florida have been enormous. Indeed, IN THE HOUSE OF REPRESENTATIVES culture. As the Portuguese equivalent of Dante Gesu has been a loving place of worship that and Chaucer, Camoes gave the people a Monday, June 10, 1996 has allowed many community leaders includ- voice for their innermost hopes and dreams. ing Steve Clark, mayor of the city of Miami, Mr. POSHARD. Mr. Speaker, I rise today to His eloquent turns of phrase are a noted J.L. Plummer, commissioner of the city of mark a very special occasion. My good friend source of pride for the Portuguese people. Miami, and Arthur EstopinÂan, my chief of staff Lois J. LeCrone is retiring on June 30, 1996 However, in this day and age, I believe it is in Washington, DC, a site of reflection and in- from the CEFS Economic Opportunity Corp. in important to realize that Portugal has even spiration. Sullivan, IL, where she has served as the more to be proud of. Its economy has battled For my chief of staff, Arthur EstopinÂan, the senor volunteer program director. I congratu- high unemployment rates to achieve greater church takes on a special significance. Arthur late her on 30 years of exceptional dedication economic growth, and is now projected to join worked part time after school in the rectory to the cause of senior citizens and for always Europe's single currency in the near future. In since he was 13 years old until after graduat- being a consummate professional. addition, foreign investors are attracted by the ing from college, helping to coordinate liturgies government's plans to privatize and decrease Those that know Lois understand her con- with Father John Edwards, S.J.; Father Bill the budget deficit. Further progress will help tributions to her field as well as her deep per- Mayer, S.J.; and Father Donald Pearce, S.J. Portugal move through the Europe's ranks and sonal commitment. She has been at the fore- The loving influence that the Jesuits at Gesu increase its economic standing. front of a movement that recognizes that sen- have shown Arthur enabled him to become a The rest of the international community iors have a lot left to give to their commu- man of the highest moral character. should pause to reflect on this remarkable Gesu has served as a beacon of hope for nities. Improving the quality of life for our older progress and join the Portuguese community many people from many different lands who citizens is more than making sure they have in celebration. sufficient health care and savings, but showing came to this great Nation in search of free- f dom. It is a historic landmark that has a de- them that they can still make a significant con- voted following of parishioners that come to- tribution to society in general. Lois has helped GEORGE SOROS MAKES CASE FOR gether to celebrate their faith and heritage. countless people give back to those around POSTPONING BOSNIAN ELECTION The American people should be extraordinarily them while providing each of them a priceless proud of the accomplishments of Gesu during feeling of self-worth. This work takes patience, HON. TOM LANTOS but as I believe Lois would tell you, the re- the past century and I am confident that Gesu OF CALIFORNIA wards are worth the effort. will have an equally outstanding history in the IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, our country needs more peo- century to come. Monday, June 10, 1996 f ple like Lois to remind us of the importance of not just doing your job, but of doing it with Mr. LANTOS. Mr. Speaker, George Soros, LIMITATION ON ASSISTANCE FOR compassion, grace, and attention to detail. By my good friend and the chairman of one of the INDIA setting such a high standard we come to ex- largest and most widely praised philanthropic pect and demand excellence, and that should organizations in the world, put forth a very HON. MIKE WARD be our collective goal no matter what the field. strong argument for postponing the Bosnian OF KENTUCKY I wish Lois all the best in this new phase of elections until there is stronger evidence that IN THE HOUSE OF REPRESENTATIVES her life. I have enjoyed working with her as the goals set by the Dayton Accords for free well as representing her in the U.S. Congress. and fair elections have been met. His op-ed, Monday, June 10, 1996 I am sure she has a lot to give of herself, and which appeared in the Wall Street Journal, Mr. WARD. Mr. Speaker, I wish to take this for that I am very grateful. makes a well-reasoned case for delaying the opportunity to explain why I oppose the elections until indicted war criminals are ar- amendment to the bill making fiscal year 1997 f rested, freedom of movement is established, a appropriations for foreign operations, offered free press exists, and lines of communication by the gentleman from Indiana [Mr. BURTON]. PERSONAL EXPLANATION are opened between and within ethnic groups. The gentleman's amendment sought to limit The Soros foundation/Open Society Foun- appropriations to India for development assist- dation is one of the primary philanthropic orga- ance or to nongovernmental organizations and HON. ALCEE L. HASTINGS nization dedicated to promoting free societies private voluntary organizations operating with- OF FLORIDA throughout the world. George Soros has dem- in India. onstrated his commitment to making the Action of this nature would send the wrong IN THE HOUSE OF REPRESENTATIVES peace process work in Bosnia by pledging $15 message, Mr. Speaker. In my view, instead it Monday, June 10, 1996 million for TV broadcasting prior to the elec- would behoove our Government to take steps tions. These funds, in conjunction with the that would serve to encourage the progress Mr. HASTINGS of Florida. Mr. Speaker, I re- commitment of the United States and the being made in India on several fronts. gret that I will be absent from the U.S. Con- world community, will be of enormous help in On one front, the voter turnout in India's gress on Monday, June 10 and Tuesday, June executing free and fair elections once pre- most recent national elections is evidence of 11 for personal reasons. conditions are set. June 10, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1043 I urge my colleagues to read and consider that allow people to vote where they now ball at the collegiate level in the 1970's. Many Mr. Soros' insightful comments on this difficult live, will legitimize the results of ethnic of his skills and dedication to excellence were issue that we must debate as the time for cleansing. developed in his active days as a youth in the It is easy to understand what drives U.S. elections and the withdrawal of the implemen- policy, but it is less easy to condone it. The PYA basketball and baseball programs. Fi- tation force troops draws near. timetable for the Bosnian elections is deter- nally, Gene Sheridan is being honored for [From the Wall Street Journal, May 29, 1996] mined by the timetable for the withdrawal of having distinguished himself as commissioner, POSTPONE THE BOSNIAN ELECTIONS ... IFOR troops, which is governed by the U.S. director, and a coach of youngsters in the la- (By George Soros) presidential election. President Clinton has crosse, basketball and football programs for I am deeply committed to making the Day- of course made a commitment that U.S. more than 12 years and still remains active ton peace process work. My foundation, troops would begin returning home by the today. among its many projects, has prepared a $15 end of the year. U.S. voters, who are so far All three of these gentlemen are being rec- removed from the problems of Bosnia and million plan for providing pluralistic TV ognized for their individual and collective con- broadcasting to most of Bosnia prior to the not well informed about the issues at stake, are primarily interested in whether the tributions to youth sports. Their achievements elections, and the U.S. and European govern- are an excellent reflection upon themselves, ments have pledged substantial funds to turn president will keep his word. the plan into reality. Yet I feel compelled to To conduct early elections in Bosnia, it their families, and their community, and rep- voice a protest against the impending deci- would have been necessary to arrest the in- resent the true American spirit of dedication sion of the Organization for Security and Co- dicted war criminals before the momentum and voluntarism embodied by the PYA. These operation in Europe to certify that condi- of Dayton dissipated. But the military has three men are most deserving of this honor, tions are suitable for holding ‘‘free and fair’’ been traumatized by its experience in Soma- and merit the special appreciation of their elections in Bosnia by Sept. 14. lia, and the Pentagon refused to accept the mission. The Clinton administration put its neighbors and friends. IMMENSE PRESSURE faith in Slobodian Milosevic, but he could Mr. Speaker, I ask all my colleagues in the The OSCE head of mission in Bosnia, ca- not or would not deliver. To order IFOR into House of Representatives to join me now in reer U.S. diplomat Robert Frowick, has been action against the advice of the military honoring Bob Dayton, Mike Griffin, and Gene under immense pressure from the U.S. gov- would expose President Clinton to a pre-elec- Sheridan, and in congratulating the Port ernment to issue the certification required tion risk that he is determined to avoid. under the Dayton agreement; two of his top Washington Youth Activities for its generous But to persevere in the present course en- contributions and dedicated service to the aides have resigned in protest. The Inter- tails even bigger risks. Bosnia will set a national Helsinki Federation issued a report precedent for the post-Cold War world. By in- community. on May 23 documenting that virtually none sisting on going through with the elections f of the conditions spelled out in the Dayton we would breech the conditions of the Day- agreement has been met: ton peace plan we engineered, provide a blue- FOREIGN OPERATIONS, EXPORT Indicted war criminals have not been ar- print for legitimating ethnic cleansing and FINANCING, AND RELATED PRO- rested. Gen. Ratko Mladic is in charge of the undermine the principles of international GRAMS APPROPRIATIONS ACT, Bosnian Serbe army, issues all orders and law we sought to establish by creating the 1997 communicates with the NATO Implementa- War Crimes Tribunal. tion Force (IFOR) commander through an in- SPEECH OF terpreter. Radovan Karadzic continues to FURTHER CONFLICT dominate the political scene, sacking the Bosnia cannot be split into separate ethnic entities without further conflict. The Serbs HON. PETER G. TORKILDSEN prime minister of Republika Srpska, Rajko OF MASSACHUSETTS Kasagic, who was willing to cooperate with have carved out a contiguous territory for U.N. representative Carl Bildt, but as a sop themselves (although the area around Breko IN THE HOUSE OF REPRESENTATIVES to Mr. Bildt, Mr. Karadzic has now promised remains contested), and the Croat national- Wednesday, June 5, 1996 not to make any further public appearances. ists of Herzeg Bosna aim at no less. Even the Freedom of movement remains severely re- military concedes that it would be easier to The House in Committee of the Whole stricted. Although official boundary check- maintain its presence than to reintroduce House on the State of the Union had under points have been turned over to IFOR, they troops after fighting has erupted again. consideration the bill (H.R. 3540) making ap- have been effectively replaced by mobile The failure of the international commu- propriations for foreign operations, export fi- checkpoints, where the authorities rep- nity in Bosnia is already affecting the behav- nancing, and related programs for the fiscal resenting all three ethnic factions routinely ior of neighboring Yugoslavia and Croatia, year ending September 30, 1997, and for other refuse to accept documents issued by the and it will be a source of never-ending re- purposes: others. Signatures required to register polit- crimination between the U.S. and Europe. Mr. TORKILDSEN. Mr. Chairman, I rise ical parties cannot be gathered across ethnic President Clinton may be able to avoid today in strong support of the Foreign Oper- lines, hindering opposition parties seeking to Bosnia becoming an election issue, but it would surely haunt his second term in office. ations appropriations bill and aid to IsraelÐour attract a multiethnic constituency. For in- most important ally in the Middle East. stance, the Liberal Democratic Party based f in Sarajevo and the Social Liberal Party At less than 1 percent of the total budget, based in Banja Luka, which were united be- BOB DAYTON, MIKE GRIFFIN AND foreign aid is a bargain. It gives us tremen- fore the war and which are trying to form a GENE SHERIDAN HONORED dous leverage when negotiating with nations common platform, cannot meet or even and provides a valuable tool for promoting de- speak by telephone because of a lack of mocracy throughout the world. It is also impor- phone lines. HON. GARY L. ACKERMAN OF NEW YORK tant to remember that 85 percent of aid to Is- Freedom of expression and independent rael comes back to the United States through IN THE HOUSE OF REPRESENTATIVES broadcast and print media are virtually non- trade, creating and sustaining jobs. existent in so-called Herzeg Bosna (a Cro- Monday, June 10, 1996 atian ethnic enclave within the Bosnian-Cro- The Middle East remains the most turbulent atian Federation) and in Republika Srpska. Mr. ACKERMAN. Mr. Speaker, I rise today and heavily armed region of the world, produc- The situation is somewhat better in Bosnian to join with my constituents in the 5th Con- ing a constant threat to Israel's national secu- territory, with an independent press in cities gressional District of New York, and the citi- rity. Amid unrest and oppression, Israel re- such as Sarajevo, Tuzla and Zenica and with zens of the village of Port Washington, in Nas- mains a beacon of hope for free people, and some independent local TV and radio sta- sau County, in recognizing the Port Washing- a model for those still struggling for the basic tions. Under present conditions the three na- ton Youth Activities [PYA] as it celebrates its right to vote. At the heart of Israel's recent tionalist parties that rule their separate en- elections was the desire of all Israelis to live tities control the relevant media, giving sixth hall of fame dinner dance. them an unfair advantage. The media under This year, the PYA will honor three individ- free of violence. American military and eco- their control continue to foment ethnic and uals, Bob Dayton, Mike Griffith, and Gene nomic support remains an essential part of religious hatred, in contradiction of the Day- Sheridan for their dedication and support of this much-needed sense of security. ton agreement. youth activities in the community. These indi- In recent years, due in large part to ongoing Freedom of association is severely re- viduals will be inducted into the Port Washing- U.S. support, Israel has enjoyed a prospering pressed, leaving little chance for opposition ton Youth Activities Hall of Fame. economy. This week, Prime Minister-elect parties to solidify support. The Helsinki Fed- Bob Dayton was a significant force in the Netanyahu stressed his commitment to contin- eration report cities specific instances. The failure of the international commu- developmental days of PYA; he served as ued economic growth through free market re- nity to secure the return of refugees (only coach, commissioner, officer, and director for forms. U.S. economic aid is helping Israel ag- about 60,000 out of the estimated 2.4 million more than 13 years. Mike Griffith is being gressively enter the global marketplace as a have returned), coupled with election rules cited for his athletic achievements in basket- key trading partner. E1044 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1996 Regardless of one's view of the outcome, Born in 1934 in Hamilton, AL, David Millican PERSONAL EXPLANATION Israel's election was a shinning example of entered the ministry at the age of 19 and was democracy at work. I applaud the Israeli peo- ordained into the ministry at Shadowlawn Bap- HON. PETER DEUTSCH ple on this peaceful election of leadershipÐ tist Church in Prichard, AL, in 1954. He at- OF FLORIDA the only truly democratic election in the region. tended William Carey College in Hattiesburg, IN THE HOUSE OF REPRESENTATIVES Maintaining a strong Israel is vital to the MS, where he graduated in 1958, and married preservation of peace and security in an area Marion Doris Powe of Waynesboro, MS. He Monday, June 10, 1996 of the world characterized by violence and dis- received his masters of divinity degree at the Mr. DEUTSCH. Mr. Speaker, on Monday, cord. I urge my colleagues to support Israel, New Orleans Baptist Theological Seminary in June 6, I was unavoidably absent for rollcall support peace, and support this bill. 1964 and his doctor of ministry in 1983 from vote No. 222, the vote on H.R. 3364. Had I f Luther Rice Seminary. been present, I would have voted ``aye.'' From 1954 to 1963, Dr. Millican served at f THANKS TO THE STUDENTS OF Myers Memorial Baptist Church as missions DECATUR’S EISENHOWER HIGH TRIBUTE TO THE CADETS OF THE pastor and Smithtown Baptist Church as pas- SCHOOL TEXAS 945TH CADET WING tor, both located in Eight Mile, AL, as well as pastoring Pecan Grove Baptist Church in HON. GLENN POSHARD Ellisville, MS, and First Baptist Church in HON. KEN BENTSEN OF ILLINOIS Stonewall, MS. He became pastor at South OF TEXAS IN THE HOUSE OF REPRESENTATIVES McComb Baptist Church in 1963. IN THE HOUSE OF REPRESENTATIVES Monday, June 10, 1996 When the Bible speaks of serving others Monday, June 10, 1996 and serving Jesus Christ, it is not difficult to Mr. POSHARD. Mr. Speaker, I rise today to Mr. BENTSEN. Mr. Speaker, I rise to honor think of David Millican. Dr. Millican has an ex- speak about our youth and the promise that the cadets of the Texas 945th Cadet Wing, an tensive record of denominational work, having tomorrow holds for them. We hear a great Air Force Junior Reserve Officer Training Corp served on numerous committees and boards deal about how these are tough times to be [JROTC] unit at North Shore High School in including the Mississippi Baptist Convention growing up. There are pressures on children my congressional district. They recently were and the Board of Ministerial Education. His today that did not exist in the past, and with selected as an Air Force JROTC meritorious service is not limited, however, to church ac- the pace of technological and social change, unit for the 1995±96 school year. This distinc- tivities. He has served terms on the advisory the world is a much less predictable place. But tion is reserved for only a select group of Air committees of the McComb City Board and at the same time these new realities present Force JROTC schools. This is an especially the McComb Public Schools. He is a member daunting challenges, there are equal opportu- impressive accomplishment because North of the McComb Exchange Club, of which he nities to meet these obstacles and accomplish Shore's JROTC program is only 2 years old. served a term as its president and was cho- great things. When seen in this light, it truly is The regional commander of the JROTC in sen to be its Man of the Year. His civic activi- an exciting time to be alive and young. Houston chose to honor North Shore's ties also have included serving as chairman of Recently a small group from Eisenhower AFJTROC unit based on its outstanding per- the board of the Pike County Chapter of the High School in Decatur, IL, visited me here in formance and its commitment to the Air American Cancer Society and as a member of Washington. Mike Frahlman, Ryan Snyder, Force's core values of integrity, service before the board of directors of the State chapter of Nick Phipps, Brian Stolz, and Corey York, ac- self, and excellence. Other criteria included the American Cancer Society. companied by their teacher Hugh Good, em- the cadet corps briefing, drill ability, adherence bodied this spirit of infinite possibility. I was But his first love has always been sharing to dress and grooming standards. struck by their desire for knowledge, the intel- the gospel of Jesus Christ. In McComb alone, The North Shore unit's remarkable success ligence of their questions, and their intuitive Dr. Millican has baptized 591 people. Over the is the result of a total community commitment. sense of the possibilities for accomplishment 42 years he has been a pastor, he has offi- The administrators, staff, faculty, and instruc- that await them. Our brave new world needs ciated at 1,100 funerals and married 452 cou- tors have provided vision and leadership and such enterprising young minds to take on the ples. He has published a book entitled ``Bible the cadets have provided the uncommon com- questions that the 21st century holds. Not only Readings and a Thought for a Day'' and has mitment necessary to achieve this goal. North did I enjoy our conversion, but I felt even more written many articles for Southern Baptist pub- Shore has more than 300 cadets enrolled and at ease about our future as a country because lications. He also started a hospital visitation the district, school, community, and parents of the experience. ministry with between 30 and 40 area volun- are all involved. This is truly an exceptional Mr. Speaker, far too often we hear about teers, which he intends to continue even in re- educational program. the failures of our young people rather than tirement. He has conducted 235 revivals I want to recognize the superior program the positive contributions they provide to all of across America in addition to evangelistic cru- management by Col. Thomas McCay, the sen- us on a daily basis. I want the record to reflect sades in the Philippines, Korea, and Argen- ior military science instructor at North Shore that I have great confidence in the youth of tina. Wherever he goes, Dr. Millican's mes- High School, and his dedicated and knowl- the United States of America. I would like to sage is the same: ``Win people to Christ. edgeable assistant instructors, Major Pfeifer thank the fine students of Decatur Eisenhower That's the only hope.'' and Master Sergeant Murphy. They have re- High School for reaffirming my faith, and for People such as David Millican inspire hope. ceived excellent support from faculty and staff the excellent example they provide their peers. He has given his life toward serving others at North Shore. The principal of North Shore It is an honor to represent them in the U.S. here and abroad and sharing with them faith High School, Mr. Malcolm Dennis, also de- Congress. and friendship. He has invested his life in the serves special recognition. Mr. Dennis fought f people of McComb and has shared in their hard to get this JROTC unit started at North times of sorrow and their times of joy. In July, Shore over 3 years ago. His efforts are now DR. DAVID MILLICAN RETIRES Dr. Millican will retire. Maybe he will write an- paying great dividends. FROM SOUTH MCCOMB BAPTIST other book or maybe he will carry out his joke Last, but unquestionably, the most important CHURCH about watching Mrs. Doris work in the yard factor in this unit's selection as a meritorious while he relaxes with a soft drink. But most unit is the outstanding performance of the ca- HON. MIKE PARKER likely, Dr. Millican will continue to preach the dets throughout the year and particularly on OF MISSISSIPPI word of God, minister to the sick and pray for the day of the annual inspection. The unit has the men, women and children who have be- IN THE HOUSE OF REPRESENTATIVES demonstrated that it has taken the core Air come nearly as much a part of his family as Force values to heart. Its record reflects a Monday, June 10, 1996 his own three children. commitment to learning, a commitment to Mr. PARKER. Mr. Speaker, today I stand in Mr. Speaker and colleagues, I ask you to leadership, and especially a commitment to the Halls of Congress to ask you to join me in join me in thanking Dr. and Mrs. David Millican service, whether presenting the colors at com- paying tribute to Dr. David Alan Millican, pas- for sharing their life and faith and in wishing munity functions, cleaning up our neighbor- tor of South McComb Baptist Church, author them the best in the years to come. Dr. hoods, or delivering Christmas baskets to vet- and hospital chaplain, Dr. Millican will be retir- Millican, may God bless your life as richly as erans at the VA Hospital. ing in July after 33 years of service at the you have blessed those whom you have Mr. Speaker, it is not surprising that this unit church. served. Thank you. has received such an honorable distinction as June 10, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1045 a meritorious unit. During its first year of exist- and Portugal go back to the very origins of our pleased that the United States will be partici- ence, over 2 years ago, North Shore's JROTC State, and the contributions made by the Por- pating in this event, and I congratulate the unit was recognized as the best first-year unit tuguese can be seen every day. House for having earlier voted in favor of this in the Houston area. For that recognition Portuguese explorers dared to cross the participation. alone, the unit deserves our special congratu- oceans in search of new frontiers, and thanks Today is a day for us to celebrate the con- lations. to that courage, our Nation is enriched by tra- tributions made to the United States by the Many people view JROTC as only a military ditions brought by the sons and daughters of Portuguese community. It is a time for us to training program. It is much more than that. It Portugal. celebrate the ties between the United States is an educational and citizenship program that Whether it was from Dighton Rock in 1502, and Portugal. This is a relationship with a brings out the best in all. The cadets partici- the Touro Synagogue in 1658, or by whaling great history, and promising future. pating in Air Force JROTC program have ships in the 1830's, the Portuguese undoubt- started on the road of lifetime service and ex- edly were among the very first immigrants to f cellence. I honor them for showing that they settle on our shores. have the will and the character to work hard Unfortunately, anti-immigrant fervor brought BILL SICKLICK REMEMBERED AT and accomplish great things. I know that Portuguese immigration down to a trickle after GOUVERNEUR HOSPITAL under the leadership of Col. Thomas McCay, 1921. and his staff, the unit will continue to put their But there was an exception made in 1958, HON. CAROLYN B. MALONEY knowledge, skills, and experience to work, not when President Eisenhower signed legislation OF NEW YORK just for themselves, but for their community introduced by then-Senator John F. Kennedy and country as well. that allowed families affected by the volcanic IN THE HOUSE OF REPRESENTATIVES My congratulations to all the cadets and the eruption in the Azores to come to America. Monday, June 10, 1996 entire North Shore community. In 1965, President Johnson fulfilled Presi- Mrs. MALONEY. Mr. Speaker, I rise today f dent Kennedy's dream and signed legislation lifting the discriminatory Quota Act. Once to honor the memory of a beloved constituent, COMMEMORATING DIA DE again, New England could open its arms to Bill Sicklick. Today, the Gouverneur Hospital PORTUGAL the Portuguese. Lifting the quota allowed Nursing Facility Diagnostic and Treatment many families to reunite, and bring together Center in my district is dedicating a new con- HON. PATRICK J. KENNEDY many generations. ference area to be named the William ``Bill'' At a time when the family is under great Sicklick Conference Room. This room could OF RHODE ISLAND not be dedicated to a more worthy person. IN THE HOUSE OF REPRESENTATIVES strain, and too often breaking under that strain, the example of family unity set by the Bill Sicklick died on April 25, 1995, and his Monday, June 10, 1996 Portuguese is a profound lesson for all of us. passing affected the Grand Street Cooperative Mr. KENNEDY of Rhode Island. Mr. Speak- Everywhere Rhode Islanders turn, the Por- Village immensely. During the years he lived er, today is celebrated throughout the world as tuguese presence is seen. It is seen in the among us, he was a beloved husband, father, the Dia de Portugal. dozens of social clubs throughout our State. It grandfather, son-in-law, neighbor, and friend. Every year on June 10, people of Por- is felt in the excitement of the Feshta and the He walked our streets looking out for his tuguese descent around the world honor their dignity of the religious procession. It is rep- neighbors as an auxiliary policeman, and he heritage on Dia de Portugal (``Day of Por- resented here today by community leaders rose to become an officer of this group, earn- tugal''). This is a time for all friends of Portugal who are from all walks of life. ing the respect and admiration of the New to pause and consider the many achievements This contribution is felt in many other States York Police Department and fellow auxiliary of that great nation over the centuries and to and hundreds of communities across this Na- members. Bill also served on community plan- celebrate the cultural traditions, practices, and tion. ning board three for almost 25 years where he customs of Portugal. Portugal is a close and valued ally. was elected as both vice chair and secretary. June 10 is the date of birth of Portugal's Trade between our two nations is active and Despite all of his other community service greatest poet, Luis de Camoens, who lived will surely grow. The recently completed positions, Bill's fondest service was the 20 from 1524 to 1580. Agreement on Cooperation and Defense pro- years he served as a member and chair- He is the author of the Portuguese national vides for continued access to the Lajes Air person of the skilled nursing facility committee epic, ``The Lusiads,'' published in 1572. In this Base in the Azores, as well as cooperation in of the Gouverneur Community Advisory Board. grand poem, Camoens did for the Portuguese nonmilitary matters. This base was critical to He loved the patients, and they loved him. He language what Chaucer did for English and supporting our troops in Operation Desert served them wellÐtaking them for walks in what Dante did for Italian. Storm and Operation Restore Hope in Soma- their wheelchairs, dropping by to chat, and As well, he gave eloquent expression to the lia. keeping an eye out to see that all was well in deepest and highest aspirations of the Por- Portugal's economy is making tremendous the SNF unit. tuguese people. progress, and soon the world will see the Bill Sicklick was well known for his dedica- Millions of Americans are proud of their Por- growth that has taken place in recent years. In tion and commitment to Gouverneur Hospital, tuguese heritage, and millions more are en- 1998, Portugal will host the World Expo. The its patients, and the Lower East Side commu- riched by living in neighborhoods and commu- topic for Expo 1998 is: ``The Oceans: A Herit- nity. It is only fitting that a room in this hospital nities which are defined by the dynamic pres- age for Our Future.'' should bear his name. I respectfully urge my ence of Portuguese-Americans. Expo 1998 will provide an ideal opportunity colleagues to take a moment today to remem- My State of Rhode Island has one of the for Portugal to showcase its thriving industry ber Bill SicklickÐa man who represented ev- largest Portuguese-American populations in while at the same time celebrating its uniquely erything that is noble about community serv- our country. The ties between Rhode Island rich heritage in ocean exploration. I am ice. E1046 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1996 SENATE COMMITTEE MEETINGS JUNE 13 10:00 a.m. 9:00 a.m. Judiciary Title IV of Senate Resolution 4, Labor and Human Resources To hold hearings to examine oversight of agreed to by the Senate on February 4, Aging Subcommittee the Department of Justice witness se- 1977, calls for establishment of a sys- To hold hearings to examine whether curity program. SD–226 tem for a computerized schedule of all working America is adequately prepar- ing for retirement. meetings and hearings of Senate com- SD–430 JUNE 19 mittees, subcommittees, joint commit- 9:30 a.m. 9:30 a.m. tees, and committees of conference. Commerce, Science, and Transportation Commerce, Science, and Transportation This title requires all such committees Business meeting, to resume mark up of Science, Technology, and Space Sub- proposed legislation to authorize ap- to notify the Office of the Senate Daily committee propriations for the Federal Aviation To hold hearings to examine issues relat- Digest—designated by the Rules Com- Administration, and to consider other ing to salmon recovery research. pending calendar business. mittee—of the time, place, and purpose SR–253 SR–253 of the meetings, when scheduled, and Rules and Administration Energy and Natural Resources any cancellations or changes in the To hold hearings on S. 1844, to direct a To continue hearings on public access to meetings as they occur. study of the opportunities for enhanced government information in the 21st century, focusing on the Government As an additional procedure along water based recreation. SD–366 Printing Office depository library pro- with the computerization of this infor- 10:00 a.m. gram. mation, the Office of the Senate Daily Finance SR–301 Digest will prepare this information for To hold hearings on S. 1795, Personal Re- JUNE 21 printing in the Extensions of Remarks sponsibility and Work Opportunity Act. 10:00 a.m. section of the CONGRESSIONAL RECORD SD–215 Appropriations on Monday and Wednesday of each Judiciary Legislative Branch Subcommittee week. Business meeting, to consider pending To hold hearings on proposed budget es- calendar business. Meetings scheduled for Tuesday, timates for fiscal year 1997 for the Sec- SD–226 retary of the Senate, the Sergeant At June 11, 1996, may be found in the Daily 2:00 p.m. Arms, and the Government Printing Digest of today’s RECORD. Appropriations Office. Labor, Health and Human Services, and S–128, Capitol Education Subcommittee MEETINGS SCHEDULED To hold hearings on proposed budget es- JUNE 25 timates for fiscal year 1997 for the De- 9:30 a.m. JUNE 12 partment of Education. Governmental Affairs 9:30 a.m. SD–138 Appropriations Permanent Subcommittee on Investiga- Appropriations Treasury, Postal Service, and General Gov- tions To hold joint hearings with the Special ernment Subcommittee To resume hearings to examine the secu- Committee on Aging on investing in To hold hearings on proposed budget es- rity status of national computer infor- medical research, focusing on health timates for fiscal year 1997 for the Of- mation systems and networks. care and human costs. fice of National Drug Control Policy. SD–342 SD–138 SD–192 10:00 a.m. Commerce, Science, and Transportation Appropriations Science, Technology, and Space Sub- JUNE 14 Legislative Branch Subcommittee To hold hearings on proposed budget es- committee 10:00 a.m. timates for fiscal year 1997 for the Li- To hold hearings on S. 1726, to promote Appropriations electronic commerce by facilitating Legislative Branch Subcommittee brary of Congress. the use of strong encryption. To hold hearings on proposed budget es- S–128, Capitol SR–253 timates for fiscal year 1997 for the Gen- Special on Aging eral Accounting Office, and the Archi- JUNE 26 To hold joint hearings with the Commit- tect of the Capitol. 9:30 a.m. tee on Appropriations on investing in S–128, Capitol Commerce, Science, and Transportation medical research, focusing on health 1:00 p.m. Science, Technology, and Space Sub- care and human costs. Foreign Relations committee SD–138 Western Hemisphere and Peace Corps Af- To resume hearings on S. 1726, to pro- 10:00 a.m. fairs Subcommittee mote electronic commerce by facilitat- Appropriations To hold hearings to examine the status ing the use of strong encryption. Defense Subcommittee of the hemisphere. SR–253 To hold hearings on Department of De- SD–419 Energy and Natural Resources fense financial management issues. To hold hearings on S. 1804, to make technical and other changes to the SD–192 JUNE 18 laws dealing with the territories and 1:00 p.m. 9:00 a.m. freely associated States of the United Agriculture, Nutrition, and Forestry Rules and Administration States, on a proposed amendment re- To hold hearings on S. 1166, to improve To hold hearings on public access to gov- ernment information in the 21st cen- lating to Bikini and Enewetak medical the registration of pesticides, to pro- care, and to hold oversight hearings on vide minor use crop protection, and to tury, focusing on the Government Printing Office depository library pro- the law enforcement initiative in the improve pesticide tolerances to safe- gram. Commonwealth of the Northern Mari- guard infants and children. SR–301 ana Islands. SR–328A 9:30 a.m. SD–366 2:00 p.m. Agriculture, Nutrition, and Forestry Governmental Affairs Select on Intelligence Research, Nutrition, and General Legisla- Permanent Subcommittee on Investiga- To hold closed hearings on intelligence tion Subcommittee tions matters. To hold hearings to review a report to To continue hearings to examine the se- SH–219 the Department of Agriculture by the curity status of national computer in- Special on Special Committee Advisory Committee on Agricultural formation systems and networks. To Investigate Whitewater Development Concentration, and to examine other SD–342 Corporation and Related Matters livestock industry issues. Rules and Administration To resume hearings to examine certain SR–328A To hold hearings on proposed legislation matters relative to the Whitewater De- Commerce, Science, and Transportation authorizing funds for the Federal Elec- velopment Corporation. To hold oversight hearings on the Fed- tion Commission, and on campaign fi- SH–216 eral Communications Commission. nance reform proposals. SR–253 SR–301 June 10, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1047 Indian Affairs SEPTEMBER 17 POSTPONEMENTS To hold hearings on proposals to reform 9:30 a.m. the Indian Child Welfare Act. Veterans’ Affairs JUNE 12 SR–485 To hold joint hearings with the House 10:00 a.m. Committee on Veterans’ Affairs to re- Judiciary view the legislative recommendations To hold hearings on S. 1740, to define and of the American Legion. protect the instiution of marriage. 334 Cannon Building SD–226 Monday, June 10, 1996 Daily Digest Senate lic Broadcasting for a term expiring January 31, Chamber Action 2002. Routine Proceedings, pages S5985–S6020 3 Air Force nominations in the rank of general. Measures Introduced: Three bills were introduced, 1 Army nomination in the rank of general. as follows: S. 1853–1855. Page S6013 1 Marine Corps nomination in the rank of general. Appointments: 4 Navy nominations in the rank of admiral. A routine list in the Public Health Service. Water Rights Task Force: The Chair, on behalf Pages S6019±20 of the Majority Leader, pursuant to Public Law 104–127, appointed the following individuals to the Nomination Withdrawn: Senate received notifica- Water Rights Task Force: Sheri L. Chapman, of tion of the withdrawal of the following nomination: Idaho, and Richard K. Golb, of California. Heidi H. Schulman, of California, to be a Member of the Board of Directors of the Corporation for Pub- Page S6012 lic Broadcasting for a term expiring January 31, Water Rights Task Force: The Chair, on behalf 2002, vice Leslee B. Alexander, term expired, which of the Democratic Leader, pursuant to Public Law was sent to the Senate on May 23, 1996. Page S6020 104–127, appointed Elizabeth Ann Rieke, of Colo- Measures Placed on Calendar: Page S6012 rado, to the Water Rights Task Force. Page S6012 Nominations Received: Senate received the follow- Communications: Pages S6012±13 ing nominations: Statements on Introduced Bills: Pages S6013±17 Everett Alverez, Jr., of Maryland, to be a Member Additional Cosponsors: Pages S6017±18 of the Board of Regents of the Uniformed Services University of the Health Sciences for a term expiring Additional Statements: Page S6018 May 1, 1999. Notice of Proposed Rulemaking Page S6011 Vicky A. Bailey, of Indiana, to be a Member of Adjournment: Senate convened at 12 noon, and ad- the Federal Energy Regulatory Commission for the journed at 6:45 p.m., until 9 a.m., on Tuesday, June term expiring June 30, 2001. 11, 1996. (For Senate’s program, see the remarks of Wyche Fowler, Jr., of Georgia, to be Ambassador the Majority Leader in today’s Record on page to the Kingdom of Saudi Arabia. S6019.) Reginald Earl Jones, of Maryland, to be a Member of the Equal Employment Opportunity Commission for a term expiring July 1, 2000. Committee Meetings Heidi H. Schulman, of California, to be a Member of the Board of Directors of the Corporation for Pub- No committee meetings were held.

D586 June 10, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D587 House of Representatives Woodson Road in Overland, Missouri, as the Chamber Action ‘‘Sammy L. Davis Federal Building’’; Pages H6048±49 Bills Introduced: 6 public bills, H.R. 3604–3609; William J. Nealon U.S. Courthouse: H.R. 3364, were introduced. Page H6117 amended, to designate a United States courthouse in Reports Filed: Reports were filed as follows: Scranton, Pennsylvania, as the ‘‘William J. Nealon H.R. 3268, to amend the Individuals with Dis- United States Courthouse’’ (agreed to by a yea-and- abilities Education Act and to reauthorize and make nay vote of 340 yeas with 1 voting ‘‘present’’, Roll improvements to that Act, amended (H. Rept. No. 222). Agreed to amend the title; 104–614); Pages H6049±50, H6089±90 H. Res. 450, waiving points of order against the Roman L. Hruska Federal Building and Court- conference report to accompany H. Con. Res. 178, house: H.R. 3400, amended, to designate the United establishing the congressional budget for the United States Government for fiscal year 1997 and setting States courthouse to be constructed at a site on 18th forth appropriate budgetary levels for fiscal years Street between Dodge and Douglas Streets in 1998, 1999, 2000, 2001, and 2002 (H. Rept. Omaha, Nebraska, as the ‘‘Roman L. Hruska United 104–615); and States Courthouse’’ (agreed to by a yea-and-nay vote H. Res. 451, providing for consideration of H.R. of 339 yeas to 4 nays, Roll No. 223). Agreed to 3603 making appropriations for Agriculture, Rural amend the title; Pages H6050±51, H6090±91 Development, Food and Drug Administration, and Individuals with Disabilities Education Act: Related Agencies programs for the fiscal year ending H.R. 3268, amended, to amend the Individuals with September 30, 1997 (H. Rept. 104–616). Page H6117 Disabilities Education Act and to reauthorize and Speaker Pro Tempore: Read a letter from the make improvements to that Act; and Pages H6051±84 Speaker wherein he appointed Representative Hutch- Antarctic Environmental Protection: H.R. 3060, inson to act as Speaker pro tempore for today. to implement the Protocol on Environmental Protec- Page H6041 tion to the Antarctic Treaty (agreed to by a yea-and- Recess: House recessed at 12:33 p.m. and recon- nay vote of 352 yeas to 4 nays, Roll No. 224). Pages H6084±89, H6091±92 vened at 2 p.m. Page H6041 Suspensions: House voted to suspend the rules and Recess: The House recessed at 4:14 p.m. and recon- pass the following measures: vened at 5 p.m. Page H6089 Chickamauga and Chattanooga National Mili- Referral: One Senate-passed measure was referred to tary Park: H.R. 848, amended, to increase the the appropriate House committee. Page H6114 amount authorized to be appropriated for assistance Amendments: Amendments ordered printed pursu- for highway relocation regarding the Chickamauga ant to the rule appear on page H6118. and Chattanooga National Military Park in Georgia; Senate Messages: Message received from the Senate Pages H6042±44 today appears on page H6041. Summer Olympic Torch Relay: H. Con. Res. Quorum Calls—Votes: Three yea-and-nay votes de- 172, authorizing the 1996 Summer Olympic Torch veloped during the proceedings of the House today Relay to be run through the Capitol grounds; and appear on pages H6089–90, H6090–91, and Pages H6044±45 H6091–92. There were no quorum calls. Greater Washington Soap Box Derby: H. Con. Adjournment: Met at 12:30 p.m. and adjourned at Res. 153, authorizing the use of the Capitol grounds 8:49 p.m. for the Greater Washington Soap Box Derby; Pages H6045±47 E. Barrett Prettyman U.S. Courthouse: H.R. Committee Meetings 3029, to designate the United States courthouse in Washington, District of Columbia, as the ‘‘E. Barrett CONFERENCE REPORT—BUDGET Prettyman United States Courthouse’’; RESOLUTION Pages H6047±48 Committee on Rules: Granted, by voice vote, a rule Sammy L. Davis Federal Building: H.R. 3186, waiving all points of order against the conference re- to designate the Federal building located at 1655 port to accompany H. Con. Res. 178, establishing D588 CONGRESSIONAL RECORD — DAILY DIGEST June 10, 1996 the congressional budget for the United States Gov- mony from Bruce Bartlett, National Center for Pol- ernment for fiscal year 1997 and setting forth appro- icy Analysis, Dallas, Texas; Dale Jorgenson, Harvard priate budgetary levels for fiscal years 1998, 1999, University, Cambridge, Massachusetts; Stephen 2000, 2001, and 2002, and against its consideration. Moore, CATO Institute, Marty Regalia, United The rule provides that the conference report shall be States Chamber of Commerce, Norman B. Ture, In- considered as read. The rule provides 1 hour of de- stitute for Research on the Economics of Taxation, bate on the conference report, equally divided be- William Gale, Brookings Institution, all of Wash- tween the chairman and ranking minority member ington, D.C.; Robert Johnson, Moore Capital Man- of the Committee on the Budget. Testimony was agement, Arlington, Virginia; Ronald Edmondson, heard from Chairman Kasich. Elliott-Russell, Amarillo, Texas; and numerous other AGRICULTURE, RURAL DEVELOPMENT, public witnesses. FDA, AND RELATED AGENCIES Committee recessed subject to call. APPROPRIATIONS f Committee on Rules: Granted, by voice vote, an open COMMITTEE MEETINGS FOR TUESDAY, rule providing 1 hour of debate on H.R. 3603, mak- ing appropriations for Agriculture, Rural Develop- JUNE 11, 1996 ment, Food and Drug Administration, and Related (Committee meetings are open unless otherwise indicated) Agencies programs for the fiscal year ending Septem- ber 30, 1997. The rule waives clause 2(l)(6) of rule Senate XI (3 day layover), clause 7 of rule XXI (3 day Committee on Appropriations, Subcommittee on VA, availability of printed hearings and reports on appro- HUD, and Independent Agencies, to hold hearings on priations bills), or section 302(c) of the Budget Act proposed budget estimates for fiscal year 1997 for the (subcommittee allocation requirement) against con- Department of Housing and Urban Development, 2:30 sideration of the bill. The rule waives clause 2 of p.m., SD–138. rule XXI (prohibiting unauthorized appropriations Committee on Armed Services, to hold hearings on the and legislation of general appropriations bills) and nominations of Gen. John H. Tilelli, Jr., USA, for re- clause 6 of rule XXI (prohibiting reappropriations) appointment to the grade of general and to be Com- mander-in-Chief, United Nations Command/Combined against the bill. Forces Command/United States Forces, Korea, Lt. Gen. The rule provides priority in recognition for Wesley K. Clark, USA, for promotion to the grade of amendments preprinted in the Congressional Record general and to be Commander-in-Chief, United States prior to consideration. The Chairman of the Com- Southern Command, and Lt. Gen. Walter Kross, USAF, mittee of the Whole may postpone recorded votes on for promotion to the grade of general and to be Com- any amendment and that the Chairman may reduce mander-in-Chief, United States Transportation Command, voting time on postponed questions to 5 minutes, 3:30 p.m., SR–222. provided that the vote immediately follows another Committee on Commerce, Science, and Transportation, to recorded vote and that the voting time on the first hold hearings on investigation into the condition of live- in a series of votes is not less than 15 minutes. The stock markets, 9:30 a.m., SR–253. rule provides that after the reading of the final lines Committee on Energy and Natural Resources, to hold hear- of the bill, a motion to rise, if offered by the Major- ings on S. 1010, to amend the unit of general local gov- ity leader or a designee, will have precedence over a ernment definition for Federal payments in lieu of taxes to include unorganized boroughs in Alaska, S. 1807, to motion to amend. The rule provides one motion to amend the Alaska Native Claims Settlement Act, regard- recommit, with or without instructions. Finally, the ing the Kake Tribal Corporation public interest land ex- rule provides in Section 2 of the rule that the section change, and S. 1187, to convey certain real property lo- 602(b) allocations in the budget resolution con- cated in the Tongass National Forest to Daniel J. Gross, ference report will be in effect for the consideration Sr., and Douglas K. Gross, 9:30 a.m., SD–366. of this bill. Testimony was heard from Representa- Committee on Environment and Public Works, Drinking tive Skeen. Water, Fisheries, and Wildlife, to hold hearings on im- plementation of salmon and steelhead recovery efforts in the Pacific Northwest, focusing on the installation of the Joint Meetings surface collector at Lower Granite Dam, 9:30 a.m., TAX REFORM SD–406. Committee on the Judiciary, to hold hearings to examine Joint Economic Committee: Committee met to discuss the threat of terrorism during the 1996 Olympics, 10 the future of tax reform and its potential implica- a.m., SD–226. tions on economic growth in America and the eco- Subcommittee on Constitution, Federalism, and Prop- nomic security of American families, receiving testi- erty Rights, business meeting, to mark up S.J. Res. 8, June 10, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D589 proposing an amendment to the Constitution of the Unit- Committee on Government Reform and Oversight, Sub- ed States to prohibit retroactive increases in taxes, 2 p.m., committee on Civil Service, to continue hearings on Fur- SD–226. ther Downsizing and Reinvention, Part II, 10 a.m., 2154 Committee on Indian Affairs, to hold oversight hearings Rayburn. on the implementation of the Indian Trust Fund Manage- Committee on International Relations, hearing on Prospects ment Reform Act of 1994, and on Indian trust funds for Free and Fair Elections in Bosnia, 10 a.m., 2172 Ray- management by the Department of the Interior, 8:30 burn. a.m., SR–485. Subcommittee on International Operations and Human Select Committee on Intelligence, closed business meeting, Rights, hearing on Child Labor, 2 p.m., 2172 Rayburn. to resume markup of S. 1745, to authorize funds for fiscal Committee on the Judiciary, to mark up the following year 1997 for military activities of the Department of De- bills: H.R. 3525, Church Arson Prevention Act of 1996; fense, for military construction, and for defense activities H.R. 3166, Government Accountability Act of 1996; of the Department of Energy, and to prescribe personnel H.R. 3460, Inventor Rights Protection and Patent Re- strengths for such fiscal year for the Armed Forces, 2:30 form Act of 1996; H.R. 351, Bilingual Voting Require- p.m., SH–219. ments Repeal Act of 1995; H.R. 3396, Defense of Mar- Special Committee To Investigate Whitewater Development riage Act; and H.R. 740, to confer jurisdiction on the Corporation and Related Matters, business meeting, to con- sider pending committee business, 10 a.m., SH–216. U.S. Court of Federal Claims with respect to land claims of Pueblo of Isleta Indian tribe; and to consider private NOTICE claims bills, 9:30 a.m., 2141 Rayburn. For a Listing of Senate Committee Meetings Committee on Resources, hearing on the following bills; H.R. 401, Kenai Natives Association Equity Act of 1995; scheduled ahead, see pages E1046–47 in today’s and H.R. 2505, to amend the Alaska Native Claims Set- Record. tlement Act to make certain clarifications to the land House bank protection provisions, 11 a.m., 1324 Longworth. Committee on Transportation and Infrastructure, Sub- Committee on Agriculture, to consider recommendations to the Committee on the Budget to comply with the in- committee on Water Resources and Environment, to structions included in the Budget Resolution (Food mark up the Water Resources Development Act of 1996, Stamp Reform Program), 1:30 p.m., 1300 Longworth. 10 a.m., 2167 Rayburn. Committee on Banking and Financial Services, to continue Committee on Veterans’ Affairs, Subcommittee on Hos- markup of the Financial Services Competitiveness and pitals and Health Care, hearing on the Department of Regulatory Relief Act, 2 p.m., 2128 Rayburn. Veterans Affairs pharmacy program with emphasis on Subcommittee on Domestic and International Monetary over-the-counter drugs, medical supplies and dietary sup- Policy, to continue hearings on the Future of Money, Part plements, 10 a.m., 334 Cannon. IV, 10 a.m., 2128 Rayburn. Committee on Ways and Means, Subcommittee on Health, Committee on Commerce, hearing on H.R. 3507, Personal hearing on Teaching Hospitals and Other Issues Related Responsibility and Work Opportunity Act of 1996, 10 to Graduate Medical Education, 12 p.m., B–318 Ray- a.m., and to mark up the following: H.R. 3431, Armored burn. Car Reciprocity Improvement Act of 1996; and the Safe Subcommittee on Trade, hearing on U.S.-China Trade Drinking Water Act Amendments of 1996, 3:30 p.m., Relations and Renewal of China’s Most-Favored-Nation 2123 Rayburn. Status, 10 a.m., 1100 Longworth. Subcommittee on Commerce, Trade, and Hazardous Permanent Select Committee on Intelligence, Subcommittee Materials and the Subcommittee on Workforce Protec- on Human Intelligence, Analysis, and Counterintel- tions of the Committee on Economic and Educational ligence, executive, hearing on the Politicization of Intel- Opportunities, joint hearing on H.R. 1186 and S. 187, ligence Collection Regarding Haiti, 10 a.m., H–405 Cap- Professional Boxing Safety Act, 10 a.m., 2322 Rayburn. itol. D590 CONGRESSIONAL RECORD — DAILY DIGEST June 10, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Tuesday, June 11 9 a.m., Tuesday, June 11

Senate Chamber House Chamber Program for Tuesday: After the recognition of certain Program for Tuesday: Consideration of the following Senators for speeches and the transaction of any morning Corrections Day measure: H.R. 2909, Silvio O. Conte business, Senate will recess until 2:15 p.m. for their re- National Refuge Eminent Domain Prevention Act; spective party conferences. Consideration of the conference report on H. Con. Res. At 2:15 p.m., Senate will swear in Sheila Frahm, of 178, Concurrent Resolution on the Budget for FY 1997 Kansas, as a United States Senator; following which, Sen- (rule waiving all points of order, 1 hour of general de- ate is expected to continue debate on the conference re- bate); port on H. Con. Res. 178, Congressional Budget Resolu- Continue consideration of H.R. 3540, Foreign Oper- tion. ations Appropriations Act for FY 1997 (open rule, 1 hour of general debate); and Consideration of H.R. 3603, Agriculture, Rural Devel- opment, and Food and Drug Administration Appropria- tions Act for FY 1997 (open rule, 1 hour of general de- bate).

Extensions of Remarks, as inserted in this issue

HOUSE Deutsch, Peter, Fla., E1044 Parker, Mike, Miss., E1044 Farr, Sam, Calif., E1039 Poshard, Glenn, Ill., E1039, E1040, E1042, E1044 Ackerman, Gary L., N.Y., E1043 Fazio, Vic, Calif., E1041 Roberts, Pat, Kans., E1041 Bentsen, Ken, Tex., E1044 Flanagan, Michael Patrick, Ill., E1040 Ros-Lehtinen, Ileana, Fla., E1042 Berman, Howard L., Calif., E1041 Hastings, Alcee L., Fla., E1042 Torkildsen, Peter G., Mass., E1043 Boehner, John A., Ohio, E1039 Kennedy, Patrick J., R.I., E1045 Torricelli, Robert G., N.J., E1042 Conyers, John, Jr., Mich., E1039 Lantos, Tom, Calif., E1042 Ward, Mike, Ky., E1042 Dellums, Ronald V., Calif., E1040 Maloney, Carolyn B., N.Y., E1045

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