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

Vol. 145 WASHINGTON, MONDAY, AUGUST 2, 1999 No. 111 House of Representatives The House met at 12:30 p.m. and was (Mr. MATSUI), the gentleman from Or- lion in bonding authority for commu- called to order by the Speaker pro tem- egon (Mr. BLUMENAUER) and I, along nities across the country to buy up pore (Mr. STEARNS). with a number of our colleagues, have threatened farmland or to purchase f filed this legislation to establish the downtown waterfront property to con- Better America Bonds program. vert into a park perhaps, like the great DESIGNATION OF SPEAKER PRO Mr. Speaker, we believe that the Fed- hike and bike trail we have along Town TEMPORE eral Government should be an active Lake in my hometown of Austin, The SPEAKER pro tempore laid be- partner with local communities sup- Texas. In Austin, we have a number of fore the House the following commu- porting their efforts to build more liv- new projects that are under consider- nication from the Speaker: able communities as we approach the ation, including a project along Waller WASHINGTON, DC, 21st century. Creek, and a project for an additional August 2, 1999. I believe that there is strong, broad- Town Lake park, both to preserve I hereby appoint the Honorable CLIFF based support for these locally devel- green space. Additional green space STEARNS to act as Speaker pro tempore on oped, ‘‘smart growth’’ or sustainable provided through these projects means this day. growth initiatives. The Better America not only more fun but more oppor- J. DENNIS HASTERT, Bonds program would assist State and tunity for economic development in Speaker of the House of Representatives. local governments in their efforts to some areas that have been neglected f plan for their future growth and devel- and not properly used in the past by MORNING HOUR DEBATES opment. the city. Through the issuance of this new My constituents back in central The SPEAKER pro tempore. Pursu- type of bond, one that carries a Federal Texas have realized the importance of ant to the order of the House of Janu- tax credit as opposed to a small additional green space acquisition and ary 19, 1999, the Chair will now recog- amount in interest payments, local of clean water by approving local bond nize Members from lists submitted by governments would be enabled to make initiatives through which the City of the majority and minority leaders for purchases to preserve green space, cre- Austin has already purchased some morning hour debates. The Chair will ate or restore urban parks, or simply 15,000 acres of land towards this objec- alternate recognition between the par- to clean up land or water. tive. These new land purchases will ties, with each party limited to 30 min- I believe that the preservation of protect our sensitive environment in utes, and each Member, except the ma- more open space, more green space in central Texas and provide additional jority leader, the minority leader, or which families can enjoy life, is becom- parks. the minority whip, limited to 5 min- ing a leading environmental issue They have also provided a unique op- utes. across this country. Both property val- portunity for some groups that have The Chair recognizes the gentleman ues on homes and the basic quality of warred against each other to work to- from Texas (Mr. DOGGETT) for 5 min- life that we all expect are improved gether. In Austin, the Save Our Springs utes. with additional open space and parks. Alliance, the Greater Austin Chamber f It really is not that hard to under- of Commerce and the Real Estate stand why that is so if we are coming Council were once opposing each other BETTER AMERICA BONDS, H.R. 2446 or going from Washington, D.C. along over some of the environmental efforts Mr. DOGGETT. Mr. Speaker, it has the George Washington Parkway or the in the community. Now they have been said that the only means of con- Rock Creek Parkway. Or if, as my wife united in what is called a ‘‘Vast Open servation is innovation, and I believe and I like to do, one is enjoying bicy- Spaces’’ project to acquire additional that is what Vice President GORE had cling along the trail that leads beside land and in the process of uniting over in mind in recommending an innova- the parkway down to Mt. Vernon, one this issue, they have come to achieve tive proposal called Better America recognizes how much the beauty of the some common ground on a number of Bonds. I joined him back in January of green space and the opportunity to other issues toward improving the this year over at the American Insti- walk and play in that green space adds quality of life in central Texas as well. tute of Architects with a number of to the quality of life. I believe that the Better America outstanding planners and conservation- Mr. Speaker, the Better America Bonds program, by supporting that ists to announce this initiative. Now, Bonds legislation has some 110 Mem- kind of effort, will allow them to do an the gentleman from Missouri (Mr. GEP- bers of this House now as cosponsors. even better job, reach more parts of HARDT), the gentleman from California We would provide up to almost $10 bil- our community, and provide more

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.

H6761

. H6762 CONGRESSIONAL RECORD — HOUSE August 2, 1999 parks and green space, not only along The ‘‘Weed and Seed’’ program began education for young people, drug abuse Town Lake but throughout central with three pilot sites in 1991. As of resistance education, and of course Texas. today, there are over 200 pilot sites and dealing with the gangs through edu- Mr. Speaker, I think the same kind one of those, of course, Mr. Speaker, is cation and training. of thing can happen around the coun- in my hometown of Ocala, Florida, Mr. Speaker, this morning I am try, whether it is along the Anacostia which is in my congressional district. pleased to be here. I commend the here in Washington, the Chattahoochee The article, as I mentioned earlier, is Ocala Police Department, the local and in Atlanta, or along the Los Angeles written by Ken DeVilling, a lieutenant State officials, and all the organiza- River, these bonds provide the oppor- with the Ocala Police Department, the tions involved in this dramatic, dra- tunity to reinvigorate downtown areas, Crime Prevention section. I would like matic success achieved in crime pre- make them more livable, and reinvigo- to share what Lieutenant DeVilling’s vention. As we here in Congress at- rate the economy in some of these observations were and actually the tempt to find solutions to the violence areas. eminent success of the Ocala Police that is sweeping this country and this The Better America Bonds initiative Department and the surrounding com- Nation, it is comforting to know that has received support from the Amer- munity in their fight against crime. our local law enforcement and commu- ican Institute of Architects and the As Lieutenant DeVilling mentioned nity organizations working hard to National Realty Committee because in his article, the City of Ocala was, of combat this problem at its source and they support strong neighborhood plan- course, not immune to the effects of it is happening in my hometown of ning and this program provides the crack cocaine and the subsequent surge Ocala. They are succeeding. means for communities to do just that. of crime. Additional resources were Mr. Speaker, I will submit to enter Communities and local governments needed and the Ocala Police Depart- into the RECORD Lieutenant are also supporting the Better America ment had the foresight to recognize the DeVilling’s article as it appears in the Bonds program because these bonds are newly developed ‘‘Weed and Seed’’ pro- Department of Justice’s spring 1990 re- much less costly to a local government gram as a viable solution to rising port, ‘‘Weed and Seed and Best Prac- for them to use than the traditional in- crime in my hometown. So myself, and tices Report.’’ For brevity, Mr. Speak- terest bearing ones. with the help of my other colleagues in er, I will submit only that section deal- As Vice President GORE said earlier Florida and the Florida delegation, ing with ‘‘Taking it to the Streets,’’ this year, ‘‘Plan well, and you have a they assisted me in getting Ocala as a which is a small part of this article ex- community that nurtures commerce site designated as a ‘‘Weed and Seed’’ plaining how the Ocala Police Depart- and private life. Plan badly, and you program. ment actually reduced crime in my have what many of us suffer from first- A number of initiatives were created hometown using the ‘‘Weed and Seed’’ hand: Gridlock, sprawl and that by the Ocala Police Department using program. uniquely modern evil of all, too little the funds that were provided by this My efforts this morning are also to time.’’ ‘‘Weed and Seed’’ program. One initia- recognize the fine things being done by We incorporated this concept of Bet- tive was the creation of a community the Ocala Police Department to reduce ter America Bonds in the Democratic organization called the Community and eliminate crime in my hometown tax substitute. It received a substan- Council Against Substance Abuse of Ocala, Florida. tial number of votes, and I hope that which was comprised of members of the TAKING IT TO THE STREETS we can come together in a bipartisan local Community Commission, the city The programs and projects conducted by effort to support Better America Bonds council, school board, State attorney’s the Ocala Police Department, Crime Preven- in the future. I believe that we must all office and of course other community tion Section include: be active participants in preserving our organizations. Drug Education For Youth (DEFY): This livable communities for our children As a result of these organizations program was developed by the U.S. Navy and and grandchildren. Through innovative getting together, Ocala recorded its offered through the Department of Justice to conservation programs like Better lowest crime rate in 1998. Furthermore, local law enforcement organizations. The America Bonds, we can ensure this leg- in 1997, the city’s homicide rate was program at our level reaches out to under- acy. only one, and in the previous decades it privileged children and offers one-on-one mentoring for a full year. Most of the men- f went as high as 20 per year. tors are police personnel. We conduct a sum- Another program that is cited in this mer day camp and the local Army Reserve OCALA, FLORIDA POLICE DEPART- article is called ‘‘Problem-Oriented Po- MENT CRIME PREVENTION: personnel attend and provide various in- licing.’’ Under this program, officers structional topics for the kids. We take the ‘‘WEED AND SEED’’ identify possible areas which, quote, children on field trips to places offering edu- The SPEAKER pro tempore (Mr. detract from good living conditions in cational and inspirational experiences. We MICA). Under the Speaker’s announced the neighborhoods they patrol, end also arrange for them to conduct their own policy of January 19, 1999, the gen- quote. These areas may be abandoned community programs such as delivering fruit tleman from Florida (Mr. STEARNS) is lots or houses that are abandoned or baskets to the elderly. DARE (Drug Abuse Resistance Education): recognized during morning hour de- they might be areas that provide haven DARE is a well-known elementary school bates for 5 minutes. for drug trafficking and criminal ac- program which we have implemented in all Mr. STEARNS. Mr. Speaker, I would tivities. of the primary schools in Ocalo with the as- like to bring to the attention of my Once they identify these areas, a sistance of the Marion County School Board. colleagues a report that was issued this form is completed by the officer and is Our program reaches over 1000 school-chil- spring of this year from the Depart- sent through the chain of command. dren each year. ment of Justice Office of Justice Pro- The identified site is then referred to GREAT (Gang Resistance Education and grams called ‘‘Weed and Seed Best the city department best able to handle Training): the GREAT program is similar in Practices.’’ I thought this was a very the situation. Let me quote from Lieu- concept to DARE, but it is directed toward an older group of students and offers a dif- interesting report and in this report is tenant DeVilling in the article when he ferent message. Street gangs are becoming a featured an officer from my hometown says, ‘‘It is not uncommon for a police serious problem in the United States. Some of Ocala, Florida. officer to identify a dilapidated build- cities are already overburdened with ‘‘after For many of my colleagues, the ing which is used as a crack House. the fact’’ abatement programs and addi- ‘‘Weed and Seed’’ program, as they Within a short time, the building is tional police efforts to cope with the vio- know, is a community-based crime pre- burned to the ground by firemen to lence, destruction, and crime created by vention program. Federal, State, and practice and improve their skills. The these groups. The Ocala Police Department local law enforcement agencies, com- property is then cleared and recycled. and the Marion County School Board, with munity support services, local busi- These recycled properties are fre- the help of CCASA have implemented the nesses, and ordinary citizens get to- GREAT program in all seventh grade classes quently used for purposes such as in the city schools. The classes teach anti-vi- gether to weed out violent crime and building a brand-new home by Habitat olence, drug resistance, gang resistance, self- drug use and plant the seeds to foster for Humanity.’’ esteem, conflict resolution, and other impor- new community growth and, of course, Other programs operated by the tant topics. This program will soon reach stability in that community. Ocala Police Department include drug 1000 students each school year. August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6763 Other ongoing programs implemented and regulations and starting new pro- that rather than continuing to rebuild through the Ocala Police Department are de- grams, one the most important con- a repeatedly flooded home, the pro- signed to address specific challenges in issue tributions the Federal Government can gram would provide homeowners with areas at various times. These projects may make is using our existing resources money to help them move away from be operated for only a short time (one to two days) or for extended periods (a full year). more wisely. flood waters or at least floodproof their We employ a concept of dynamic approach Nowhere is that more clearly illus- homes. Those who refuse assistance and response to community needs in order to trated than what we do with water re- must start paying the real actuarial in- provide our services in a timely manner. sources. Currently, the Federal Gov- surance costs for the risks that they Programs can be implemented and discon- ernment makes it easier to spend choose to take. tinued as community needs indicate. money paving a creek to stop flooding This policy is both humanitarian and The following activities and events are than to restore wetlands to achieve the fiscally responsible, allowing people to only part of those conducted by Crime Pre- same goal. I have already introduced move out of harm’s way and protecting vention Section and the Ocala Police Depart- legislation that would make it easier the Federal taxpayer by making the ment family as part of their regular duties: National Flood Insurance program sol- Business Police Academy. for communities to invest in cheaper, Citizens Police Academy. greener approaches to flood protection. vent. We need to enforce the existing Citizens Police Academy Alumni Associa- This approach does not need to cost the rules and regulations to keep people tion. Federal Government an additional out of harm’s way. We need to spend Bicycle Safety Rodeos. dime, and it gives the communities money to prevent loss rather than re- ‘‘Cops’’ Kids & Firemen Day. more choices as they solve their prob- peatedly cleaning up after it is too Crime Prevention Week. lems and increase livability. late. Neighborhood Watch. The National Flood Insurance pro- This basic solution to more livable Business Watch. communities will not require more Safe Halloween. gram poses another critical water re- Community Clean-up Days. source management challenge. It is ap- money or bureaucratic regulations. As Special Olympics Picnic. propriate for the Federal Government usual, a livable community is possible DARE and GREAT Skate Nights. to step in when there is a case of un- if the Federal Government is a ‘‘AMI’’ (Aid to the Mentally Impaired). foreseen natural disaster. However, if thoughtful partner with citizens and Police Explorers Post. it is clear that some people make it their local government. I would like to Neighborhood Cookouts. hard on themselves by continuing to urge my colleagues to join with me and ‘‘SAFE HOME’’ Program. the gentleman from Nebraska (Mr. BE- Police Recruit Academy. invest in unwise anti-environmental, REUTER) to reform the National Flood Scholarships. unsustainable situations, then we have Community Resource Center. an obligation to draw the line. The Insurance program and to sign on as Crime Prevention Programs. Federal taxpayer should not be paying cosponsors of our ‘‘Two Floods and Security Surveys. for people to live in places where God You’re Out’’ legislation. McGruff Program Activity. repeatedly has shown that he does not f ‘‘Crash Dummies’’ Program. want them. WHO IS RECKLESS? ‘‘Casey’’ the talking car. There is a home in Houston which Operation ‘‘Kid ID’’ The SPEAKER pro tempore. Under has an appraised value of $114,000 which Project Graduation. the Speaker’s announced policy of Jan- Host Statewide DARE Day. has received over $800,000 in flood in- uary 19, 1999, the gentleman from Flor- surance payments in 16 events in the HUD Summer Programs. ida (Mr. MICA) is recognized during Red Ribbon Campaign. last 10 years. Over 5,600 properties, morning hour debates for 5 minutes. Vacation Bible School. nearly 1 in 10, have loss claims which Mr. MICA. Mr. Speaker, from time to Health Fairs. exceed the value of the property. Forty The future of law enforcement is already time the comments from this adminis- percent of our flood insurance goes to 2 tration and the President of the United here. Crime prevention has proven to be suc- percent of the property that is repeat- cessful and will continue to be the founda- States lead me to the floor to com- tion of progressive law enforcement as we edly flooded. ment. I think my colleagues and the move into the 21st century. Mr. Speaker, if the local government American people saw the President of For more information contact: Lt. Ken and private property owners are going the United States calling the Repub- DeVilling, Phone (352) 629–8290, Fax (352) 629– to be foolish, they need to do it on licans reckless. And I guess I am in- 8391. their own dime. Indeed, it is not just cluded in that, I am a Republican. We f our money they are wasting; these de- were called reckless for proposing a velopment patterns take on a life of TWO FLOODS AND YOU ARE OUT significant tax cut for the American their own. They pressure organizations people. The SPEAKER pro tempore. Under like the Corps of Engineers, FEMA and Mr. Speaker, I almost had to chuckle the Speaker’s announced policy of Jan- state and local communities to further to hear the President of the United uary 19, 1999, the gentleman from Or- engineer the environment and protect States call me reckless and the Repub- egon (Mr. BLUMENAUER) is recognized ill-advised development from flooding, licans for offering a tax cut. It is al- during morning hour debates for 5 min- often succeeding in making matters most hysterical when we think about it utes. worse. when the other side of the aisle for Mr. BLUMENAUER. Mr. Speaker, Despite having spent over $40 billion some 40 years had control of this body there is a theme this morning on the since 1960, our losses adjusted for infla- and under the Constitution of the floor of the House: dealing with how we tion are three times greater than when United States we all know bills, finan- can promote livable communities. we started the building spree. Our dis- cial bills start in the House of Rep- Whether it is dealing with community- aster relief costs have increased 550 resentatives on the basis of a judgment oriented policing, ‘‘Weed and Seed,’’ or percent in the last 10 years. made by our founding fathers. For 40 associating the comments of the gen- It is time for us to rethink our poli- years, the recklessness of the other tleman from Texas (Mr. DOGGETT) cies and our investments. It is time to side nearly bankrupt this Nation. about Better America Bonds, there is a stop the waste of money, predictable When I came into the House of Rep- lot that the Federal Government can loss of property, and threat to public resentatives in 1992, we were facing fi- do to make a difference for things that safety. As a basic simple common sense nancial disaster. This was carried people really care about, making their step, it is time to reform the National through with the reckless policy of this families safe, economically secure and Flood Insurance program. President who instituted one of the healthy. Mr. Speaker, I am pleased to join largest tax increases in American his- Mr. Speaker, a critical part of mak- with the gentleman from Nebraska, tory a few months after his election. ing the Federal Government a better (Mr. BEREUTER) who has long been a And again when he had complete ma- partner in promoting livable commu- champion of reforming the Flood Insur- jorities in the House, the Senate, and nities is the work we do with basic in- ance Program to propose a simple ap- controlled the White House. frastructure. Rather than spending a proach to repetitive flood loss. We re- What was reckless is 40 years of tak- lot of new money, making new rules tool the Flood Insurance Program so ing money out of Social Security. It is H6764 CONGRESSIONAL RECORD — HOUSE August 2, 1999 like robbing our senior citizens’s pen- This week is no exception at all. The $125,000 a year. And, again, I would sion accounts, their funds, and using it Republican leadership says that their urge my colleagues to remember that for outlandish spending. Spending real- tax cut is for the middle-class. For the the portion of the population that is ly to buy votes and win elections in a middle-class in America, working getting most of the tax break includes giveaway program that backfired and Americans. For the middle-class. Well, every Member of the House and the nearly ran us into financial oblivion. that is clearly not true if we look at Senate of the United States. I have to That is reckless. what has passed the House and the Sen- ask, does anyone think that that is a Reckless when they robbed every ate. The House passed its bill 2 weeks fair way to distribute tax reduction in trust fund, including the Federal em- ago. And starting at the wealthiest end this country? ployee’s trust funds, when they robbed of Americans, at Bill Gates, at the f the highway trust funds, which this re- wealthiest end and come down to an sponsible new majority has restored. Is annual income of $300,000 a year, that 1 RECESS it reckless in fact when we guarantee percent, just over a million Americans The SPEAKER pro tempore. Pursu- 63 percent and we create a lock-box to who have incomes between $300,000 a ant to clause 12 of rule I, the Chair de- secure revenues for the future stability year and Bill Gates, that richest 1 per- clares the House in recess until 2 p.m. and security of Social Security? That cent is on average going to get $54,000 Accordingly (at 12 o’clock and 58 is responsible. of tax breaks. It turns out to be 45 per- minutes p.m.), the House stood in re- Mr. Speaker, some people I guess just cent of the total of all the tax reduc- do not know the meaning of reckless- cess until 2 p.m. tion being proposed goes to the 1 per- f ness. cent of the wealthiest Americans. Then to provide health insurance, If we take 6 million Americans, 5 per- b 1400 there are 43 million Americans in this cent starting at the top of the scale Nation that do not have health insur- down to an income of $125,000 a year, I AFTER RECESS ance. What is interesting is two-thirds think it might be instructive to re- The recess having expired, the House to three-quarters of them are em- member that every single Member of was called to order by the Speaker pro ployed. Our plan for financial assist- the Congress, every Member of the tempore (Mr. STEARNS) at 2 p.m. ance and tax cuts and tax credits will House and every Member of the Senate allow millions and millions of Ameri- f has income greater than $125,000 a year, cans who work at minimum or low that 5 percent will average $15,000 a PRAYER wage or small employers who are the year in tax cuts and gets 61 percent of largest employers, and most of those The Chaplain, the Reverend James the total reduction. people who do not have health insur- David Ford, D.D., offered the following Mr. Speaker, if we start at the other prayer: ance are not covered but they do work, end and come all the way up, all the we are providing in this tax relief pack- Let us pray. We are grateful, O God, way up from the lowest income Amer- that the scriptures remind us that You age a responsible package. It is reck- ican to people making under $125,000 a less in my opinion not to provide those are always with us and that Your love year, all 95 percent of them, all 120 mil- working men and women with at least and forgiveness and strength will never lion taxpayers, they will receive less a minimal chance of getting some depart from us. Whatever our concern than the 1 percent whose income is health coverage. or whatever our adversity, You restore So somehow we have a difficulty be- over $300,000 per year. It turns out that our souls; and You lead us in the paths tween determining what is reckless and those people, who include the broad of righteousness. So it is with grati- what is responsible. I think what the middle-class, income from $25,000 a tude that we know we are never alone Republicans, the majority and myself, year to $65,000 a year under the House- and we are never apart from Your have done is a responsible action. I passed bill, would get less than half as strong arm. Your rod and Your staff think we have a history of a President much in total tax reduction as the 1 they comfort us. Surely goodness and and a party who has dealt in reckless- percent richest portion of the popu- mercy shall follow us all the days of ness. I think the examples are clear lation. our lives and we will dwell in Your and the financial statements speak for Let me put that in slightly different house forever. themselves. terms. If we were to take 100 people Amen. that we know, one person whose in- f come is over $300,000 a year and the f TAKE A CLOSE LOOK AT TAX CUT rest whose income comes down from THE JOURNAL PROPOSALS that point, and we have $100 to give out in tax reduction, 100 people and $100 in The SPEAKER pro tempore. The The SPEAKER pro tempore. Under Chair has examined the Journal of the the Speaker’s announced policy of Jan- tax reduction, that one wealthiest per- son, that single one is going to get $45. last day’s proceedings and announces uary 19, 1999, the gentleman from Mas- to the House his approval thereof. sachusetts (Mr. OLVER) is recognized Forty-five of the dollars that it is pos- Pursuant to clause 1, rule I, the Jour- during morning hour debates for 5 min- sible to give out under the cir- nal stands approved. utes. cumstances. Ninty-five people, the 95 Mr. OLVER. Mr. Speaker, it is sort of starting from the lowest income up to f irony that I should be following the incomes that covers the broad middle- PLEDGE OF ALLEGIANCE gentleman who just spoke because I am class, they are going to get a total of going to be speaking about the same $39 divided among them. The SPEAKER pro tempore. Will the thing. That was not specifically If we look at it in terms of families, gentleman from Ohio (Mr. CHABOT) planned, but I am glad that it comes a family making $30,000 a year would come forward and lead the House in the out that way. get less than $1 a day in tax reduction. Pledge of Allegiance. Mr. Speaker, we are told this week A family making $50,000 a year, two Mr. CHABOT led the Pledge of Alle- that the main business of the Congress people working, second jobs whatever giance as follows: is proposals which have now passed it happens to be but under $50,000 a I pledge allegiance to the Flag of the both the House and the Senate to pro- year, at $50,000 a year they would get United States of America, and to the Repub- vide for an $800 billion tax cut. Any less than $2 a day in income. Yet the lic for which it stands, one nation under God, time the Congress is thinking about person who is making $1 million a year, indivisible, with liberty and justice for all. tax cuts, it behooves everyone in that person would get $70,000 in that f America to hang on to their wallet, to year. $200 a day in tax breaks. sit up and take notice, to pay very The Senate-passed plan is a little bit MESSAGE FROM THE PRESIDENT close attention to who is being given different. The wealthiest 5 percent in A message in writing from the Presi- tax breaks and why. But also how that the Senate plan gets almost the same dent of the United States was commu- differs from who the proponents are amount as the 95 percent, the 120 mil- nicated to the House by Mr. Sherman saying is going to get the tax breaks. lion people whose income is less than Williams, one of his secretaries. August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6765 MESSAGE FROM THE SENATE Ms. Juliette N. Kayyem of Cambridge, buy money. Beam me up, Mr. Speaker. Massachusetts. So help me. A message from the Senate by Mr. Yours Very Truly, Lundregan, one of its clerks, an- I yield back further the fact that RICHARD A. GEPHARDT. North Korea is building missiles that nounced that the Senate had passed f without amendment concurrent resolu- are being aimed in the future at Amer- tions of the House of the following ti- THE REAL COST OF TAXING ica. tles: MINING INTERESTS f H. Con. Res. 107. Concurrent resolution ex- (Mr. GIBBONS asked and was given DEFINING A TARGETED TAX CUT pressing the sense of Congress rejecting the permission to address the House for 1 (Mr. CHABOT asked and was given conclusions of a recent article published in minute and to revise and extend his re- the Psychological Bulletin, a journal of the permission to address the House for 1 American Psychological Association, that marks.) minute and to revise and extend his re- suggests that sexual relationships between Mr. GIBBONS. Mr. Speaker, today I marks). adults and children might be positive for rise to address the claim of some of my Mr. CHABOT. Mr. Speaker, when I children. colleagues that gold mines get a free hear some of my liberal friends on the H. Con. Res. 168. Concurrent resolution ride because they do not pay their fair other side of the aisle, not the gen- waiving the requirement in section 132 of the share of Federal royalties. Well, when tleman who just spoke, I might add, Legislative Reorganization Act of 1946 that considering a Federal tax increase on talk about targeted tax cuts, I know the Congress adjourn sine die not later than the mining industry, we must always exactly what they mean. It means you July 31, 1999. remind my tax and spend colleagues to will not be getting one. The message also announced that the take into account the adverse effect of Republicans, I should add, also are Senate had passed with an amendment such a tax increase on state and local putting forth a targeted tax cut, but in which the concurrence of the House tax revenues as well. there is a very big difference. If you are is requested, a bill of the House of the There is a direct correlation between a taxpayer, you get one. following title: increasing mining royalties or taxes That is right, our targeted tax cuts H.R. 2488. An act to provide for reconcili- and the reduction in mining activities. target all taxpayers, a concept that ation pursuant to sections 105 and 211 of the The unintended consequence is that really sticks in the craw of many of my concurrent resolution on the budget for fis- liberal friends on the other side of the cal year 2000. State and local governments suffer great tax losses by these resulting de- aisle. The message also announced that the creases in mining activities. Federal Many politicians in Washington have Senate insists upon its amendment to royalties are deductible from the in- a hard time coming to grips with the the bill (H.R. 2488) ‘‘An Act to provide come base on which many of these fact that the budget surplus, a tax for reconciliation pursuant to sections State taxes are levied. This results in overpayment, really, does not belong 105 and 211 of the concurrent resolution an even less tax dollar amount for to them. That money, every penny of on the budget for fiscal year 2000,’’ and State and local governments. Even a it, belongs to the taxpayers. requests a conference with the House recent economic analysis shows that Washington is taking more than it on the disagreeing votes of the two an 8 percent gross royalty would cost needs out of the pockets of those who Houses thereon, and appoints Mr. State and local governments hundreds work all over this country and pay ROTH, Mr. LOTT, and Mr. MOYNIHAN, to of millions in tax revenues every year. their taxes. be the conferees on the part of the Sen- Mr. Speaker, it becomes very clear The bottom line is the American peo- ate. that when a Federal royalty is not in ple are overtaxed, and the real issue is, The message also announced that the the best economic interests of this who should decide how the money gets Senate had passed bills of the following country or the mining industry, we spent: The bureaucrats up here in titles, in which the concurrence of the should avoid it. Washington, or the taxpayers all over House is requested: Abraham Lincoln had the great fore- this country. I will cast my lot with the people of S. 1467. An act to extend the funding levels sight when he said, ‘‘Tell the miners this Nation. Let us cut the taxes on the for aviation programs for 60 days. for me that I shall promote their inter- S. 1468. An act to authorize the minting American people, and let us do it now. ests to the utmost of my ability, be- and issuance of Capitol Visitor Center Com- f memorative coins, and for other purposes. cause their prosperity is the prosperity The message also announced that of the Nation, and we shall prove in a REPORT ON REVISED DEFERRAL pursuant to Public Law 100–458, the very few short years that we are indeed OF BUDGET AUTHORITY—MES- Chair, on behalf of the Majority Lead- the treasury of the world.’’ SAGE FROM THE PRESIDENT OF er, appoints the Senator from Virginia f THE UNITED STATES (H. DOC. NO. 106–109) (Mr. WARNER) to the Board of Trustees NORTH KOREA ACCUSED OF DRUG of the John C. Stennis Center for Pub- DEALING The SPEAKER pro tempore laid be- lic Service Training and Development, fore the House the following message for a term ending October 11, 2004. (Mr. TRAFICANT asked and was from the President of the United given permission to address the House f States; which was read and, together for 1 minute and to revise and extend with the accompanying papers, without COMMUNICATION FROM HON. RICH- his remarks.) objection, referred to the Committee ARD A. GEPHARDT, DEMOCRATIC Mr. TRAFICANT. Mr. Speaker, need- on Appropriations and ordered to be LEADER ing cash to run their government, the printed: government of North Korea has been The Speaker pro tempore laid before To the Congress of the United States: the House the following communica- accused of selling heroin and cocaine. I In accordance with the Congressional tion from RICHARD A. GEPHARDT, am not kidding you. Reports say that Budget and Impoundment Control Act Democratic Leader: North Korean agents were arrested by of 1974, I herewith report one revised international police possessing 80 HOUSE OF REPRESENTATIVES, deferral of budget authority, now total- OFFICE OF THE DEMOCRATIC LEADER, pounds of cocaine and $100 million ing $173 million. Washington, DC, July 30, 1999. worth of methamphetamines that was The deferral affects programs of the Hon. J. DENNIS HASTERT, sponsored for sale officially by their Department of State. Speaker of the House, government. WILLIAM J. CLINTON. House of Representatives, Now, if that is not enough to trigger THE WHITE HOUSE, August 2, 1999. Washington, DC. your overdose, on or about the same f DEAR MR. SPEAKER: Pursuant to Section time, the White House announced they 591(a)(2) of the Foreign Operations, Export are asking Congress for another $55 ANNOUNCEMENT BY THE SPEAKER Financing, and Related Programs Appropria- PRO TEMPORE tions Act, 1999 (112 STAT. 2681–210), I hereby million in foreign aid for North Korea. appoint to the National Commission on Ter- Unbelievable. North Korea is selling The SPEAKER pro tempore. Pursu- rorism: dope, and Uncle Sam is fronting the ant to the provisions of clause 8 of rule H6766 CONGRESSIONAL RECORD — HOUSE August 2, 1999 XX, the Chair announces that he will the ranking member, the gentlewoman Committee on Banking and Financial postpone further proceedings today on from California (Ms. WATERS), and I Services in supporting this much need- each motion to suspend the rules on understand it has the support of my ed measure. It will ensure that the pub- which a recorded vote or the yeas and good friend, the gentleman from Min- lic has available any and all cash it nays are ordered or on which the vote nesota (Mr. VENTO). might demand near the end of the year is objected to under clause 6 of rule Mr. Speaker, I would like to take a as the country’s computer systems XX. brief moment to explain the need for make their changeover to the new mil- Such rollcall votes, if postponed, will the bill and the issue of timing. Sec- lennium. Although we expect few if any be taken later today. tion 16 of the Federal Reserve Act re- problems with our Nation’s banks at f quires the Federal Reserve to that time, this is a prudent move to collateralize Federal Reserve notes help relieve any doubt that the public AMENDING FEDERAL RESERVE when they are issued. The list of eligi- will have access to hard currency. ACT TO BROADEN RANGE OF ble collateral includes, at present, H.R. 1094 provides for a technical DISCOUNT WINDOW LOANS Treasury and Federal agency securi- change in the Federal Reserve Act to WHICH MAY BE USED AS COL- ties, gold certificates, special drawing facilitate the Federal Reserve’s ability LATERAL FOR FEDERAL RE- rights certificates, and foreign cur- to distribute as much as $50 billion in SERVE NOTES rencies. In addition, the legally eligible currency during this period, if needed. Mr. LEACH. Mr. Speaker, I move to backing for currency includes discount Under current law, every unit of cur- suspend the rules and pass the bill window loans made under Section 13 of rency issued by the Federal Reserve (H.R. 1094) to amend the Federal Re- the Federal Reserve Act. must be collateralized by certain assets serve Act to broaden the range of dis- Over the years, Congress has added a held by the Federal Reserve. The assets count window loans which may be used new section to the law to permit lend- on the current list have always been as collateral for Federal reserve notes, ing by the Federal Reserve to deposi- adequate to collateralize currency in circulation. However, should there be a as amended. tory institutions under provisions surge in currency demand at the end of The Clerk read as follows: other than section 13 and against a 1999 and the beginning of the year 2000, H.R. 1094 broader range of collateral. However, section 16 has not been similarly the current list could be inadequate. Be it enacted by the Senate and House of Rep- The list, therefore, needs to be ex- resentatives of the United States of America in amended to accommodate these new sections, thus limiting the types of panded to include other assets which Congress assembled, That the third sentence the Federal Reserve already owns but of the second undesignated paragraph of sec- loans the Federal can use to back cur- tion 16 of the Federal Reserve Act (12 U.S.C. rency. For example, certain discount which, largely due to historical over- 412) is amended by striking ‘‘acceptances ac- window loans made by the Federal sight, are not now included. Chairman Greenspan in a letter to quired under the provisions of section 13 of under 10B of the Act and secured by me dated July 30, 1998, suggested lan- this Act’’ and inserting ‘‘acceptances ac- mortgages on one-to-four family resi- guage comparable to that contained in quired under section 10A, 10B, 13, or 13A of dences cannot be used to back cur- this Act’’. H.R. 1094. Federal Reserve Governor rency. Edward Kelly in testimony before the The SPEAKER pro tempore. Pursu- The bill before us today, H.R. 1094, Committee on Banking and financial ant to the rule, the gentleman from simply seeks to update the currency services on April 13 of this year specifi- Iowa (Mr. LEACH) and the gentleman collateral provisions in section 16 to re- from New York (Mr. LAFALCE) each cally endorsed H.R. 1094. flect the broader range of collateral ac- Mr. Speaker, I fully support H.R. 1094 will control 20 minutes. cepted for discounted window loans The Chair recognizes the gentleman and wish to express my appreciation to under section 10A, section 10B and sec- the chairman of our committee for the from Iowa (Mr. LEACH). tion 13A of the Federal Reserve Act. Mr. LEACH. Mr. Speaker, I yield my- bipartisan attitude which has been able Finally, I would like to point out the in all circumstances to approach Y2K self such time as I may consume. reason for bringing this measure to the (Mr. LEACH asked and was given per- problems. I also wish to thank espe- floor today as a stand-alone proposal is cially the ranking minority member of mission to revise and extend his re- one of timing. According to the Federal marks.) the financial institutions sub- Reserve Board, the existing limits on committee, the gentleman from Min- Mr. LEACH. Mr. Speaker, I rise in currency collateral are becoming a po- support of H.R. 1094, a bill to broaden nesota (Mr. VENTO), for his great work tential problem because of the in- on this legislation. This legislation is the range of discount window loans creased use of retail sweep accounts which may be used as collateral for merely the latest example of that gen- over the past 5 years and the cor- eral tremendous bipartisan spirit. Federal Reserve notes. responding decline in reserve balances Mr. Speaker, I yield such time as he I would like to point out at the out- that can be used as excess collateral may consume to the gentleman from set this is not a new approach for this for currency. The small margin of Minnesota (Mr. VENTO). House. Virtually the same proposal was available currency collateral could Mr. VENTO. Mr. Speaker, I thank incorporated into the bankruptcy re- pose a potential problem should there the gentleman ranking Banking Mem- form bill, H.R. 833, which passed this be a substantial increase in the demand ber LAFALCE for yielding me time, as body on May 5, but which has not yet for discount window loans due to tem- well as the gentleman from Iowa cleared the other body. porary, or unusual, circumstances, (Chairman LEACH) for his comments. The bill enjoys the strong support of such as might occur around the year Mr. Speaker, I concur in their state- the Federal Reserve, as reflected in 2000 date change. ments. I think this is an appropriate correspondence with Federal Reserve Mr. Speaker, as I explained earlier, bill to forestall any emerging problems Chairman Alan Greenspan to the last this is not a new proposal, but given with regard to the issuance of Federal Congress, and again in testimony by the issues of timing and the need to en- Reserve Board paper, the one dollar the member of the Federal’s Board of sure that our bank agencies have all bills and larger bills that some of us Governors, Edward Kelly, at a hearing the necessary tools at their disposal to have an opportunity to spend. held by the committee in April. smooth the transition to the year 2000, Two things have happened. One is, The bill also enjoins strong bipar- I believe it is important for this body obviously as has been pointed out by tisan support on the Committee on to act separately on this bill. I appre- the chairman and ranking member, the Banking and Financial Services. The ciate the great courtesies extended by types of credit paper available have original sponsors of the bill include the the minority in this regard. changed and evolved and we have not ranking minority member of the full Mr. Speaker, I reserve the balance of kept up with them with regard to the committee, the gentleman from New my time. provisions of law to be used as collat- York (Mr. LAFALCE), as well as the Mr. LAFALCE. Mr. Speaker, I yield eral to back up the Federal Reserve Chairman of the Subcommittee on Do- myself such time as I may consume. Board notes the dollar bills. mestic and Monetary Policy, the gen- Mr. Speaker, I join the gentleman The other, as pointed out by our staff tleman from Alabama (Mr. BACHUS), from Iowa (Chairman LEACH) of the and research folks, is in fact the Fed, August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6767 like most accounts, are subject to Whereas Shuttle Mission STS–93 is the worked hard and has been bestowed the sweep accounts. Some of the credit first mission in the history of the United great honor of commanding a U.S. paper that they otherwise have is not States space program to be commanded by a space shuttle into space. deposited there long enough to use, so woman; In reality, Colonel Collins has Whereas women continue to be underrep- it cannot be used to offset the dollars resented in the science, engineering, and emerged as a role model for all young placed into circulation. As our good technology fields; women who aspire to one day follow in counsel, Mr. Peterson, pointed out in Whereas the selection of Colonel Eileen her footsteps or to pursue careers in the research papers of the gentleman Collins as the first female space shuttle com- other scientific fields. However, Mr. from New York (Mr. LAFALCE), if in mander has raised the level of awareness and Speaker, a young girl watching the re- fact we issue treasuries, which the Fed appreciation of women’s contributions in the cent nightly news coverage of Colonel could do, they could buy treasuries at advancement of science; and Collins’ flight will not be able to com- the end of the year and that might Whereas Colonel Eileen Collins’ accom- mand her own space shuttle flight un- plishments in the United States space pro- cause a spike in the market with the gram have made her a role model for women less she acquires the science and math demand for currency expected regard- pursuing an education and career in sci- skills necessary to succeed as an astro- ing the Y2K phenomena. entific fields: Now, therefore, be it naut in the U.S. space program. b Resolved, That the House of Sadly, many young girls, and boys 1415 Representatives— for that matter, are not receiving a So in order to preserve orderly mar- (1) congratulates the crew of Shuttle Mis- quality education even in the most kets, to respond to Y2K problems and sion STS–93 and honors Colonel Eileen Col- basic math and science courses. The re- other events that may occur of an un- lins on being the first female commander of lease last year of the Third Inter- usual nature in the history of mone- a United States space shuttle; (2) recognizes the important contribution national Mathematics and Science tary policy, it is prudent to, in fact, Colonel Eileen Collins has made to the (TIM) study revealed that American have these alternative and new instru- United States space program and to the ad- high school seniors, even our Nation’s ments to offset and use as collateral. vancement of women in science; and best students in advanced classes, are Mr. Speaker, I yield back the balance (3) invites Colonel Eileen Collins and the among the world’s least prepared. of my time. crew of STS–93 to the United States Capitol We must expect more from our Na- Mr. LEACH. Mr. Speaker, I have no to be honored and recognized by the House of tion’s students with respect to math further requests for time, and I yield Representatives for their achievements. and science. Curricula for all elemen- back the balance of my time. The SPEAKER pro tempore. Pursu- tary and secondary years need to be de- The SPEAKER pro tempore (Mr. ant to the rule, the gentleman from veloped in a manner that conveys the STEARNS). The question is on the mo- Wisconsin (Mr. SENSENBRENNER) and excitement of science and math so that tion offered by the gentleman from the gentlewoman from California (Ms. students are prepared to follow in the Iowa (Mr. LEACH) that the House sus- LOFGREN) each will control 20 minutes. footsteps of Colonel Collins and her pend the rules and pass the bill, H.R. The Chair recognizes the gentleman crew if they choose to do so. 1094, as amended. from Wisconsin (Mr. SENSENBRENNER. Mr. Speaker, I would like to thank The question was taken; and (two- GENERAL LEAVE the gentlewoman from Maryland (Mrs. thirds having voted in favor thereof) Mr. SENSENBRENNER. Mr. Speak- MORELLA), the chairwoman of the Sub- the rules were suspended and the bill, er, I ask unanimous consent that all committee on Technology, and the gen- as amended, was passed. Members may have 5 legislative days tlewoman from Texas (Ms. Eddie Ber- A motion to reconsider was laid on within which to revise and extend their nice Johnson), the ranking member of the table. remarks on H. Res. 267. the Subcommittee on Basic Research, f The SPEAKER pro tempore. Is there for introducing H. Res. 267 for our con- objection to the request of the gen- sideration today. GENERAL LEAVE tleman from Wisconsin? I congratulate Colonel Eileen Collins Mr. LEACH. Mr. Speaker, I ask unan- There was no objection. and the crew of Shuttle Mission STS–93 imous consent that all Members may Mr. SENSENBRENNER. Mr. Speak- and urge my colleagues to support H. have 5 legislative days within which to er, I yield myself such time as I may Res. 267. revise and extend their remarks on the consume. Mr. Speaker, I reserve the balance of bill just passed. Mr. Speaker, last Tuesday evening, my time. The SPEAKER pro tempore. Is there Space Shuttle Columbia touched down Ms. LOFGREN. Mr. Speaker, I yield objection to the request of the gen- at the Kennedy Space Center in Cape myself such time as I may consume. tleman from Iowa? Canaveral, Florida. The crew of Space Mr. Speaker, I want to speak in sup- There was no objection. Shuttle Columbia completed an impor- port of the resolution to honor the ac- tant mission. A few short hours after f complishments of Colonel Eileen Col- launch, shuttle mission STS–93 suc- lins, NASA astronaut. EXPRESSING THE SENSE OF THE cessfully deployed the Chandra X-ray As my colleagues know, she recently HOUSE WITH REGARD TO SHUT- Observatory. With the launch of commanded the successful STS–93 TLE MISSION STS–93, COM- Chandra, we begin to explore the uni- shuttle mission. As such she was the MANDED BY COLONEL EILEEN verse in new and exciting ways. first female shuttle commander in the COLLINS, FIRST FEMALE SPACE Chandra will allow us to examine the history of the United States Space Pro- SHUTTLE COMMANDER hot, turbulent regions in space with gram. She completed the mission with Mr. SENSENBRENNER. Mr. Speak- images nearly 25 times sharper than distinction, and she and the rest of the er, I move to suspend the rules and previous X-ray pictures. The scientific crew are to be congratulated. agree to the resolution (H. Res. 267) ex- promises that Chandra holds are far By all accounts she has handled all of pressing the sense of the House of Rep- reaching and will have a significant her assignments at NASA and in the resentatives with regard to Shuttle impact on our understanding of how Air Force with distinction, and she rep- Mission STS–93, commanded by Colo- our universe operates. resents the best in service to our Na- nel Eileen Collins, the first female Yet beyond the scientific accomplish- tion. space shuttle commander. ments of the recent shuttle mission, we In addition, Colonel Collins is a valu- The Clerk read as follows: rise today to celebrate a new turning able role model for young women. She point in history. STS–93 is the first- shows them that the sky is not the H. RES. 267 ever shuttle mission commanded by a limit if they study hard, work hard, Whereas Shuttle Mission STS–93 success- woman, U.S. Air Force Colonel Eileen and are willing to dream. Colonel Col- fully deployed the Chandra X-Ray Observ- Collins. Colonel Collins has lins shows that determination can lead atory; Whereas the Chandra X-Ray Observatory downplayed her role as the first female one to get ahead. will provide scientists from around the world space shuttle commander. In her mind, She began her academic career at with a better understanding of the structure she is just another astronaut, not un- Corning Community College where she and evolution of the universe; like her male predecessors, who has got a degree in mathematics and H6768 CONGRESSIONAL RECORD — HOUSE August 2, 1999 science. She went to get her bachelor’s I would like to point out to the gen- She just turned twelve when Apollo 8 made degree in mathematics and economics tlewoman from California, however, its 10 historic orbits of the moon on Christmas from Syracuse in 1978, a master’s of that the mark that came out of the Day 1968, and I have no doubt she was science degree in operations research Committee on Appropriations for fiscal among the millions who watched Neil Arm- from Stanford University in 1986, and a year 2000 is $700 million higher than strong, Michael Collins, and Buzz Aldrin make master’s of arts degree in space sys- the outyear budget that was submitted their voyage in Apollo 11 in the summer of tems management from Webster Uni- in January of 1996 by the Clinton ad- 1969. versity in 1989. ministration. In other words, the Clin- She dreamed of being a test pilot and an Colonel Collins had nothing given to ton administration’s projections for astronaut, but it didn't come easy for her. her, but Colonel Collins worked hard the NASA budget for fiscal year 2000 Though women were early pioneers of flight, and made a future for herself in the was $700 million lower than the Com- in the 1930s fewer opportunities were open to space program and as a role model for mittee on Appropriations mark which women. It wasn't until the mid-1970s that girls all over the country. She is just has been so roundly criticized. women became eligible for positions as mili- the person to help inspire more young So I think that we ought to quit tary aviators, the traditional route to the astro- Americans to seek benefits of a math playing games with numbers, I hate to naut program. and science education. use these numbers to counter the num- Collins was working her way through com- Mr. Speaker, I am pleased that Con- bers of the gentlewoman from Cali- munity college during this time and earned a gress is planning to honor her with this fornia, and get on to the business of scholarship to Syracuse. She studied mathe- resolution. Unfortunately, however, I making sure that NASA has the funds matics and economics, going on to later earn believe that it risks being a hollow to do its job. a Master of Science degree in operations re- honor. On the one hand we will vote Mr. Speaker, I yield back the balance search from Stanford University and a Master today to honor Colonel Collins for her of my time. of Arts in space systems management from accomplishments at NASA. On the Mrs. MORELLA. Mr. Speaker, two weeks Webster University. In 1979, the same year other hand later this week, the major- ago we celebrated the 30th anniversary of a Skylab fell out of Earth's orbit, she completed ity is preparing to bring to the floor an tremendous moment in our history. Who can her pilot training for the Air Force. appropriations bill that will cut forget that first message from the surface of She became a flight instructor, and in 1983, NASA’s budget by a billion dollars another world spoken on the morning of July when Sally Ride became the first American compared to fiscal year 1999. 20th thirty years ago: ``Houston, Tranquility woman in space, she was a C±141 com- It is a bill that cuts the President’s Base here. The Eagle has landed.'' These mander and instructor. As a test pilot, she request for human space flight by a words, spoken by Neil Armstrong, marked the eventually logged over 5,000 hours in 30 dif- quarter of a billion dollars. The request beginning of a new age for humanity. ferent aircraft. for space science research is also cut by Through hard work and determination born She was selected as an astronaut in 1990 a quarter of a billion dollars. The re- of a national pride and international rivalry, the and became the first woman pilot of the Space quest for Earth science research is cut world saw one of our own safely journey from Shuttle aboard the Discovery on STS±63 in by more than a quarter of a billion dol- the Earth to the Moon. Just a short seven February of 1995. Going into this past mis- lars. And the request for NASA’s infra- hours after that initial transmission from the sion, she had already logged over 419 hours structure budget for facilities, per- Lunar Module, Neil Armstrong descended the of time in space. sonnel, and so forth, is cut by almost a ladder to the cratered surface. As he ventured With her latest mission, however, she em- quarter of a billion dollars. away from the vehicle that brought him to that barked on an adventure that marks another I think that the majority is making place, he again uttered words which will al- moment in history. She became the first a grave mistake. NASA has done a ways be engraved in our national pride: woman commander of a mission to space. great job in streamlining its programs As Chair of the Subcommittee on Tech- and delivering good value for the tax- ``That's one small step for [a] man, one giant nology, I introduced the legislation that created payers’ investment. We should be sup- leap for mankind.'' With that simple statement, the Commission on Women and Minorities in porting NASA’s efforts, not slashing its the world changed. No harder a challenge has Science, Engineering and Technology working budgets while voting an 800 billion tax ever been issued, and no greater dream has cut. ever been accomplished. to reverse the underrepresentation of these I hope that we can restore the fund- As a testament of the possibilities that groups in the sciences through better edu- ing for NASA when the VA–HUD bill dreams present to us, I rise today to offer a cation and encouragement at all levels of reaches the floor. resolution honoring another American hero. learning. Through my work on the Science Ms. LOFGREN. Mr. Speaker, I yield After two frustrating, but necessary delays, Committee, I have had the pleasure of meet- back the balance of my time. STS±93 finally launched early in the morning ing Col. Collins. I was impressed by her Mr. SENSENBRENNER. Mr. Speak- on July 23, and last Tuesday, the Space Shut- ``down to earth'' personality and sense of self er, I yield myself the balance of my tle Columbia landed safely at the Kennedy in such an historical context. Commenting on time. Space Center after the successful completion the low number of women astronauts, she Mr. Speaker, I share the concern of of its mission. On its 26th voyage to earth's said, ``If you don't have large numbers of the gentlewoman from California (Ms. orbit, Columbia launched the Chandra X±Ray women apply, it will be hard to select large LOFGREN) about the activities of the Observatory. This marvel of technology will numbers of women.'' Committee on Appropriations relative travel one third of the way to the moon and Mr. Speaker, this resolution we debate to the NASA budget. And it was my from that vantage point promises to unlock today seeks not to compare this milestone to hope that at least some of these funds many secrets of the origins of the universe the triumph of 30 years ago, but to recognize can be added to the Committee on Ap- and the formation of galaxies, stars, and plan- wider possibilities. This latest mission is a sig- propriations mark between now and ets. nal to little girls who dream; space is there for the time the VA-HUD bill comes to the As promising and exciting as this latest en- them too. And the next time humankind en- floor. terprise of exploration is to scientists and stu- deavors to take another giant leap, it could Let me state, however, that passage dents everywhere, there is still a greater sig- well be a woman to make it. of the VA-HUD bill is necessary even at nificance to this mission. Mrs. FOWLER, Mr. Speaker, I rise today in the lower amount if we are to avoid The Commander of this mission, U.S. Air support of House Resolution 267, honoring having a government shutdown of Force Colonel Eileen Marie Collins was born Colonel Eileen Collins, our first female shuttle NASA as well as HUD and VA depart- in 1956, just one year before the space race commander, and her crew on Shuttle Mission ments at the end of September. That I began with the Soviet launch of Sputnik 1. STS±93. think is the worst of all possible alter- She grew up in the tense climate of the cold While each new exploration into space re- natives. war, fully aware that, as demonstrated by mains a marvel of scientific ingenuity and the So we have to work together in a bi- Sputnik, the Soviet Union could launch a mis- creative spirit, this mission is a truly special partisan basis to attempt to get a VA- sile with enough force to threaten her home. one. As we mark the 30th Anniversary of the HUD bill out of this House and over to No doubt she shared the apprehension that greatest triumph of the American space pro- the other body for its consideration as would spark the Space Race and see the gramÐmankind's first footsteps on the we continue working on giving NASA United States play catch-up to the apparent moonÐwe can see how far we have come. an appropriate appropriation. dominance of the world's other Superpower. This latest shuttle mission deployed the most August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6769 sophisticated X-ray observatory ever built and Ms. SLAUGHTER. Mr. Speaker, on July 23, Women have faced numerous barriers when will give us even greater opportunities to ob- 1999 Col. Eileen Marie Collins, U.S.A.F. took it comes to advancing in science professions. serve areas of the universe about which we one giant step for all womankind by serving as I cam remember when women were dis- still know very little, such as the remnants of the first woman in history to command a criminated against in employment. We passed exploded stars. space shuttle flight. I was privileged to fly to the Civil Rights Act of 1964 and Title VII which Still more special, however, is that this 118 Cape Canaveral, Florida with the First Lady prohibits gender discrimination in employment. hour and 50 minute mission was the first com- and the U.S. Women's Soccer Team on July I can remember when signs were put up ad- manded by a woman. Colonel Collins has four 20, 1999 to watch the shuttle's first attempt. vertising for a job but saying ``women need not degrees in science and mathematics and Although we were disappointed that the flight apply.'' We passed the Civil Service Act in spent three years teaching mathematics at the was delayed, we all marveled that just a few 1973 eliminating weight and height require- U.S. Air Force Academy, making her some- years ago events such as this one could not ments in federal jobs and the EEOC ruled that thing of an anomaly in a society where so few have occurred. employers cannot discriminate against women. of our young girls go on to science and math- Col. Collins was born in upstate New York, Today, women have been leaping bounds in ematics course work in their secondary and not far from my district, at a time when women professional careers. It seems that today there post-secondary education. While much were excluded from our nation's space explo- are no limits to the professional success of progress has been made over the past few ration program. Col. Collins rarely ever missed women. years, there is still a disparity in the number of an episode of Star Trek or Lost in Space ac- The selection of Col. Eileen Collins as shut- girls who go on to take advanced mathematics cording to her family. Along with her father, tle commander is not only a product of her and science classes in high school and col- Col. Collins would watch the gliders soaring own hard work and effort, but a product of the lege. Similarly, women are less likely to pur- over Elmira hoping one day she too could fly. rights which women have established for sue a science or mathematics degree in col- Eileen Collins dared to dream and her themselves. Col. Collins accomplishments in lege or related career. dreams became our dreams. Her efforts are the U.S. space program have made her a role This disparity is not caused by lack of inspiring young women and girls to tackle and model for women pursuing an education and achievement, as earlier science and math pro- excel at math and the sciences today. Col. career in scientific fields. ficiency gaps between young boys and girls Collins is blazing a trail that will undoubtedly Women continue to be underrepresented in have narrowed and virtually disappeared. Ac- be followed by future women astronauts. She the science, engineering, and technology cording to a recent National Science Founda- has rendered outstanding service to her coun- fields. The statistics paint a bleak picture: tion study on women's entry into science and try and is a true role model to young and old Women have historically been underrep- engineering fields, one possible reason is the alike. I would like to take this opportunity to resented in scientific and engineering occupa- lack of female teacher role models in sec- commend and congratulate her on a tremen- tions, and although progress has been made ondary schools. Colonel Collins may not be a dous accomplishment. over the last several decades, there is still high school teacher, but she is certainly a fine Mrs. MINK of Hawaii. Mr. Speaker, I am de- room for improvement. role model for aspiring engineers, astronauts, lighted to join my colleagues in honoring Colo- Female and minority students take fewer and mathematicians. In fact, both girls and nel Eileen M. Collins, the first American high-level mathematics and science courses in boys can look up to her as an example of woman to command a mission in space. I con- high school. where science and mathematics can take us. gratulate Colonel Collins and her crewÐPilot Female students earn fewer bachelors, I commend Colonel Collins for her pio- masters, and doctoral degrees in science and neering role in America's space program and Jeffrey S. Ashby and Mission Specialist Ste- ven A. Hawley, Catherine G. Coleman, and engineering. her crew for a job well-done. Among recent bachelors of science and Mrs. KELLY. Mr. Speaker, I rise today in Michel TogniniÐon a very successful mission. On July 23, 1999, Colonel Collins made his- bachelors of engineering graduates, women support of H. Res. 267, to pay tribute to Col. are less likely to be in the labor force, to be Eileen Marie Collins, as the first female space tory when the Space Shuttle Columbia took off under her command with the heaviest payload employed full-time, and to be employed in shuttle commander. I congratulate her for her their field than are men. leadership and thank her for her efforts to im- in shuttle history. The objective of the mis- sionÐto deploy the Chandra X-Ray Observ- Among doctoral scientists and engineers, prove our space program. Through her dedi- women are far more likely to be employed at cation she has become one of the most visible atoryÐwas flawlessly accomplished. A veteran of three space flights since becoming an as- 2-year institutions, are far less likely to be em- role models for girls in aeronautics and ployed in research universities, and are much science today. Since 1978, when NASA hired tronaut in 1991, Collins has logged over 537 hours in space. She served as pilot on her two more likely to teach part-time. it's first female astronaut, women have come Among university full-time faculty, women previous shuttle flights in 1995 and 1997Ðin to earn a place in the space program, peaking are less likely to chair departments or hold fact, she was also the first woman pilot of a with Col. Collins' historic effort as the first fe- high-ranked positions. space shuttle. male commander in NASA's 95 missions, A substantial salary gap exists between The girls of today have some powerful role commanding the space shuttle Columbia. With men and women with doctorates in science models to emulate, and Colonel Collins is one this mission she has earned a place in history and engineering. of the best. She has consistently excelled in alongside pioneers like, Amelia Earhart and It is for all of these reasons that Col. Collins' fields dominated by men. Colonel Collins has Cosmonaut Valentina Tereshkova, the first accomplishment is all the more historic. The demonstrated that there are no limits to what woman in space. selection of Col. Eileen Collins as the first fe- women can accomplish if given the oppor- I had the good fortune to travel to Cape Ca- male space shuttle commander has raised the tunity. Her example will inspire more women naveral on July 20th for this historic launch. level of awareness and appreciation of wom- to pursue careers in science and technology. Regrettably, safety precautions grounded the en's contributions in the advancement of Mrs. MALONEY of New York. Mr. Speaker, mission that day. However, on July 23, this science. I rise in support of H. Res. 267, the resolution mission was able to take place. What a proud I would like to congratulate the crew of congratulating NASA on its successful Shuttle day that was for Col. Collins, NASA and for Shuttle Mission STS±93 and honor Col. Eileen Mission STS±93, commanded by Colonel Ei- the women of our country. She has per- Collins on being the first female commander of leen Collins, the first female space shuttle severed in a way that most of us can only a United States space shuttle. dream of. commander. In recognition of the important contribution Col. Eileen Marie Collins, who is originally Mr. Speaker, we all can remember the awe Col. Eileen Collins has made to the U.S. from Elmira, New York, was selected by that we felt as children as we watched John space program and to the advancement of Glenn, Neil Armstrong and their fellow astro- NASA in January 1990, and became an astro- women in science, I would like to invite Col. nauts, as they brought space discovery home naut in July 1991. She has an extensive re- Collins and the crew of STS±93 to the United to all of us. Thanks to Col. Collins an her col- sume at NASA. A veteran of three space States Capitol to be honored and recognized leagues, our children will also be inspired by flights, Collins has logged over 537 hours in by the House of Representatives for their brave Americans, who like Col. Collins, have space. She served as pilot on STS±63 (Feb- achievements. dedicated their lives to the space program and ruary 2±11, 1995) and STS±84 (May 15±24, The SPEAKER pro tempore. The improving our knowledge of the world around 1997), and was the first woman Shuttle com- question is on the motion offered by us. Once again I would like to congratulate mander on STS±93 (July 22±27, 1999). the gentleman from Wisconsin (Mr. Col. Collins and NASA on their successful Women have come a long way since Alan SENSENBRENNER) that the House sus- mission in which they claimed a place in his- Shepard became the first American man to go pend the rules and agree to the resolu- tory and opened a new eye on the universe. into space in 1961. tion, H. Res. 267. H6770 CONGRESSIONAL RECORD — HOUSE August 2, 1999 The question was taken; and (two- or a weapon of mass destruction, or to dis- (d) LIMITATION ON FEES.—Not more than 15 thirds having voted in favor thereof) tribute by any means information pertaining percent of the sums authorized to be paid by the rules were suspended and the reso- to, in whole or in part, the manufacture or subsection (a) shall be paid to or received by lution was agreed to. use of an explosive, destructive device, or any agent or attorney for services rendered A motion to reconsider was laid on weapon of mass destruction, with the intent in connection with the recovery of such the table. that the teaching, demonstration, or infor- sums. Any person violating this subsection f mation be used for, or in furtherance of, an shall be fined not more than $1,000. activity that constitutes a Federal crime of FOR THE RELIEF OF GLOBAL EX- violence; or The SPEAKER pro tempore. Pursu- PLORATION AND DEVELOPMENT ‘‘(B) to teach or demonstrate to any person ant to the rule, the gentleman from CORPORATION, KERR-MCGEE the making or use of an explosive, a destruc- Florida (Mr. MCCOLLUM) and the gen- CORPORATION, AND KERR-MCGEE tive device, or a weapon of mass destruction, tlewoman from California (Ms. CHEMICAL, LLC or to distribute to any person, by any means, LOFGREN) each will control 20 minutes. Mr. MCCOLLUM. Mr. Speaker, I information pertaining to, in whole or in The Chair recognizes the gentleman move to suspend the rules and pass the part, the manufacture or use of an explosive, from Florida (Mr. MCCOLLUM). Senate bill (S. 606) for the relief of destructive device, or weapon of mass de- Global Exploration and Development struction, knowing that such person intends GENERAL LEAVE Corporation, Kerr-McGee Corporation, to use the teaching, demonstration, or infor- Mr. MCCOLLUM. Mr. Speaker, I ask and Kerr-McGee Chemical, LLC (suc- mation for, or in furtherance of, an activity unanimous consent that all Members cessor to Kerr-McGee Chemical Cor- that constitutes a Federal crime of vio- poration), and for other purposes, as lence.’’. may have 5 legislative days within amended. (b) PENALTIES.—Section 844 of title 18, which to revise and extend their re- The Clerk read as follows: United States Code, is amended— marks, and include extraneous mate- S. 606 (1) in subsection (a)— rial on the bill under consideration. Be it enacted by the Senate and House of Rep- (A) by striking ‘‘person who violates any of The SPEAKER pro tempore. Is there resentatives of the United States of America in subsections’’ and inserting the following: objection to the request of the gen- Congress assembled, ‘‘person who— tleman from Florida? ‘‘(1) violates any of subsections’’; SECTION 1. SATISFACTION OF CLAIMS AGAINST There was no objection. THE UNITED STATES. (B) by striking the period at the end and (a) PAYMENT OF CLAIMS.—The Secretary of inserting ‘‘; and’’; and Mr. MCCOLLUM. Mr. Speaker, I yield the Treasury shall pay, out of money not (C) by adding at the end the following: myself such time as I may consume. otherwise appropriated— ‘‘(2) violates subsection (p)(2) of section Mr. Speaker, section 1 of this legisla- 842, shall be fined under this title, impris- (1) to the Global Exploration and Develop- tion will right a long-standing wrong ment Corporation, a Florida corporation in- oned not more than 20 years, or both.’’; and corporated in Delaware, $9,500,000; (2) in subsection (j), by inserting ‘‘and sec- involving the Federal Government and (2) to Kerr-McGee Corporation, an Okla- tion 842(p)’’ after ‘‘this section’’. Global Exploration and Development homa corporation incorporated in Delaware, SEC. 3. SETTLEMENT OF CLAIMS OF MENOMINEE Corporation and Kerr-McGee Corpora- $10,000,000; and INDIAN TRIBE OF WISCONSIN. tion. Global and Kerr-McGee became (3) to Kerr-McGee Chemical, LLC, a lim- (a) PAYMENT.—The Secretary of the Treas- embroiled in a dispute with the Depart- ited liability company organized under the ury shall pay to the Menominee Indian Tribe ment of Interior more than 20 years laws of Delaware, $0. of Wisconsin, out of any funds in the Treas- ago when they were improperly denied (b) CONDITION OF PAYMENT.— ury of the United States not otherwise ap- an opportunity to participate in the (1) GLOBAL EXPLORATION AND DEVELOPMENT propriated, $32,052,547 for damages sustained CORPORATION.—The payment authorized by by the Menominee Indian Tribe of Wisconsin environmental assessment process of a subsection (a)(1) is in settlement and com- by reason of— potential mining site in the Osceola promise of all claims of Global Exploration (1) the enactment and implementation of Forest in Florida. and Development Corporation, as described the Act entitled ‘‘An Act to provide for a per In January 1991, I introduced legisla- in the recommendations of the United States capita distribution of Menominee tribal tion for the relief of Global and Kerr- Court of Federal Claims set forth in 36 Fed. funds and authorize the withdrawal of the McGee for damages incurred due to Cl. 776. Menominee Tribe from Federal jurisdiction’’, wrongful government actions. That bill (2) KERR-MCGEE CORPORATION AND KERR- approved June 17, 1954 (68 Stat. 250 et seq., MCGEE CHEMICAL, LLC.—The payment author- chapter 303); and was successfully referred to the U.S. ized by subsections (a)(2) and (a)(3) are in (2) the mismanagement by the United Court of Federal Claims which ruled settlement and compromise of all claims of States of assets of the Menominee Indian that the Government had, in fact, com- Kerr-McGee Corporation and Kerr-McGee Tribe held in trust by the United States be- mitted a wrongful act. The parties sub- Chemical, LLC, as described in the rec- fore April 30, 1961, the effective date of ter- sequently reached a settlement, the ommendations of the United States Court of mination of Federal supervision of the Me- terms of which are embodied in this Federal Claims set forth in 36 Fed. Cl. 776. nominee Indian Tribe of Wisconsin. legislation. (c) LIMITATION ON FEES.—Not more than 15 (b) EFFECT OF PAYMENT.—Payment of the percent of the sums authorized to be paid by amount referred to in subsection (a) shall be Mr. Speaker, I am hopeful that the subsection (a) shall be paid to or received by in full satisfaction of any claims that the passage of this legislation will bring any agent or attorney for services rendered Menominee Indian Tribe of Wisconsin may long awaited and long overdue relief in connection with the recovery of such have against the United States with respect for the parties involved. Protecting pri- sums. Any person violating this subsection to the damages referred to in that sub- vate rights and rectifying public shall be fined not more than $1,000. section. SEC. 2. CRIMINAL PROHIBITION ON THE DIS- wrongs are essential if we are truly a (c) REQUIREMENTS FOR PAYMENT.—The pay- government of, for, and by the people. TRIBUTION OF CERTAIN INFORMA- ment to the Menominee Indian Tribe of Wis- TION RELATING TO EXPLOSIVES, DE- The second section of S. 606, authored STRUCTIVE DEVICES, AND WEAPONS consin under subsection (a) shall— OF MASS DESTRUCTION. (1) have the status of a judgment of the by Senator DIANE FEINSTEIN, would (a) UNLAWFUL CONDUCT.—Section 842 of United States Court of Federal Claims for amend the Federal Criminal Code to title 18, United States Code, is amended by the purposes of the Indian Tribal Judgment prohibit any person from teaching or adding at the end the following: Funds Use or Distribution Act (25 U.S.C. 1401 demonstrating the making or use of an ‘‘(p) DISTRIBUTION OF INFORMATION RELAT- et seq.); and explosive, destructive device, or weap- ING TO EXPLOSIVES, DESTRUCTIVE DEVICES, (2) be made in accordance with the require- on of mass destruction. This conduct AND WEAPONS OF MASS DESTRUCTION.— ments of that Act on the condition that, of would be criminal if accompanied by ‘‘(1) DEFINITIONS.—In this subsection— the amounts remaining after payment of at- ‘‘(A) the term ‘destructive device’ has the torney fees and litigation expenses— either the intent that the teaching, same meaning as in section 921(a)(4); (A) at least 30 percent shall be distributed demonstrating, or information be used ‘‘(B) the term ‘explosive’ has the same on a per capita basis; and for or in furtherance of an activity meaning as in section 844(j); and (B) the balance shall be set aside and pro- that constitutes a Federal crime of vio- ‘‘(C) the term ‘weapon of mass destruction’ grammed to serve tribal needs, including lence, or knowing that a person intends has the same meaning as in section funding for— to use the teaching, demonstration, or 2332a(c)(2). (i) educational, economic development, and information for such activity. ‘‘(2) PROHIBITION.—It shall be unlawful for health care programs; and any person— (ii) such other programs as the cir- We live in dangerous times and some ‘‘(A) to teach or demonstrate the making cumstances of the Menominee Indian Tribe believe that in the next century we or use of an explosive, a destructive device, of Wisconsin may justify. may witness an unprecedented number August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6771 of acts of terror in the United States. Mr. Speaker, I reserve the balance of the Menominee Indian Tribe settle- We face the very real threat that a my time. ment, and the other provision is public weapon of mass destruction will be Ms. LOFGREN. Mr. Speaker, I yield in nature relative to disseminating on used against civilians in a major Amer- myself such time as I may consume. the Internet a do-it-yourself kit on how ican city in the next 10 or 20 years. We Mr. Speaker, this bill, which passed individuals can make their own weap- certainly pray that does not happen, both the Subcommittee on Immigra- ons of mass destruction. So they all but we must do everything in our tion and Claims and the full Com- should become law, and I support this power to reduce the threat of terrorism mittee on the Judiciary during the legislation today. on a massive scale. 105th Congress, and passed the full Sen- However, I am disturbed at the prac- ate this year, will pay $10 million and tice of the other body in mixing public b 1430 $9,500,000 respectively to Kerr-McGee and private legislation in the same bill, No one should be allowed to dis- Corporation and Global Exploration and I would hope that the consider- tribute bomb-making information with and Development Corporation based on ation of this bill today as a mixture of the intent that it be based and be used the recommendation made by the both public legislation and private leg- to commit a violent crime. This legis- Court of Claims as to the amounts eq- islation will not be viewed as a prece- lation has been carefully crafted to uitably due those companies. dent for future mixings by either this prohibit and punish conduct, not This legislation is intended to resolve body or the other body. speech, and I am quite confident it will litigation between the Federal Govern- I would hope that this motion to sus- withstand constitutional challenge. ment and these corporations. This liti- pend the rules will be overwhelmingly Senator FEINSTEIN worked with the gation was based upon the corpora- agreed to so that we can get these Justice Department on the constitu- tions’ allegations that the United three items out of the way and enacted tionality, and they support it. States improperly failed to grant or ap- into law, but I would hope we would be With the Internet, it has become all prove leases or to allow phosphate min- a little bit more careful procedurally too easy to disseminate bomb-making ing by Global and Kerr-McGee Corpora- as we deal with both public and private information to anyone with a personal tions in Osceola National Forest. legislation in the future. computer. While we cannot and should After a 6-week trial before the Court Ms. LOFGREN. Mr. Speaker, I yield not inhibit constitutionally-protected of Federal Claims, but before the court myself such time as I may consume to speech, we can and should do every- could issue an opinion, the parties simply respond that I think the gen- thing in our power to prohibit the dis- agreed to a joint stipulation of settle- tleman from Wisconsin’s point is well semination of bomb-making informa- ment and submitted this stipulation to taken, I concur, and I also agree we tion to commit a violent crime. the court. On November 18, 1996, the should move forward today but we Similar or virtually identical provi- court published its recommendation to ought to be more vigilant. I appreciate sions were passed on the floor of this Congress that the disputes be settled his remarks. House were passed previously and I am for the amounts set forth in this bill. Mr. Speaker, I have no further re- confident this will now finally become The Court’s recommendation to Con- quests for time, and I yield back the law if we pass it today. gress was not based upon the finding of balance of my time. Now, I turn to section 3 of this bill. any wrongdoing by the United States Mr. MCCOLLUM. Mr. Speaker, I yield S.606 additionally authorizes the U.S. in its dealings with Global or the Kerr- myself such time as I may consume to Government to finally make good on a McGee Corporations. Rather, the conclude. $32 million court settlement with the court’s recommendation was based I think it has been well stated what Menominee Indian Tribe of Wisconsin. upon and limited to a finding that an is in this legislation. It is good legisla- The history of this settlement can be equitable claim against the United tion. It is three separate provisions traced back to 1954, when the Federal States existed and it was in the best in- that should become law, and I urge its Government terminated the tribe’s terest of all parties to settle this claim adoption. Mr. Speaker, I have no further re- Federal trust status and the Bureau of for the amounts set forth in the bill. Indian Affairs grossly mismanaged Mr. Speaker, I urge that my col- quests for time, and I yield back the many of the tribe’s assets. leagues vote in favor of passing S. 606. balance of my time. The SPEAKER pro tempore (Mr. In 1967, the tribe filed a lawsuit chal- Mr. Speaker, I would note that the STEARNS). The question is on the mo- lenging this determination and seeking section referred to in the bill by my tion offered by the gentleman from damages. After decades of litigation, in colleague, the chairman of the Sub- Florida (Mr. MCCOLLUM) that the 1993 Congress passed a congressional committee on Crime, relative to pen- House suspend the rules and pass the reference directing the U.S. Claims alties for teaching individuals weapons Court to determine what damages, if Senate bill, S. 606, as amended. of mass destruction may or may not The question was taken; and (two- any, were owed the tribe. prove violative of the first amendment. thirds having voted in favor thereof) Finally, in August of last year, the But clearly a very strong effort has the rules were suspended and the Sen- tribe and the Federal Government pre- been made to comport with the re- ate bill, as amended, was passed. sented a settlement agreement to the quirements of the first amendment, A motion to reconsider was laid on Claims Court paying the tribe $32 mil- and I would urge my colleagues to sup- the table. lion. That settlement was approved by port the measure. We will certainly f the court. These dollars will only be find out soon enough whether our ef- used to improve education, health care, forts to succeed in that regard are suc- ARCTIC TUNDRA HABITAT and economic opportunities for the cessful or not when the measure is EMERGENCY CONSERVATION ACT tribe and the areas surrounding the challenged in court. Mr. SAXTON. Mr. Speaker, I move to reservation. Mr. Speaker, I reserve the balance of suspend the rules and pass the bill I particularly want to commend the my time. (H.R. 2454) to assure the long-term con- gentleman from Wisconsin (Mr. GREEN) Mr. MCCOLLUM. Mr. Speaker, I yield servation of mid-continent light geese and the gentleman from Wisconsin (Mr. 2 minutes to the gentleman from Wis- and the biological diversity of the eco- SENSENBRENNER) for their work in this consin (Mr. SENSENBRENNER). system upon which many North Amer- particular area. Mr. SENSENBRENNER. Mr. Speak- ican migratory birds depend, by direct- In closing, Mr. Speaker, though these er, I thank the gentleman from Florida ing the Secretary of the Interior to im- three provisions are somewhat related, for yielding me this time. plement rules to reduce the overabun- and as such a good illustration of the Let me just put a word of procedural dant population of mid-continent light more open rules of process employed by caution relative to how this bill is geese, as amended. the other body, each of the legislative being considered. All three of the pro- The Clerk read as follows: initiatives contained within S.606 are visions of this bill have merit and H.R. 2454 straightforward and relatively non- should be enacted into law on their Be it enacted by the Senate and House of Rep- controversial. I ask for the support of own. Two of them are private bills in resentatives of the United States of America in this bill. nature, the Kerr-McGee settlement and Congress assembled, H6772 CONGRESSIONAL RECORD — HOUSE August 2, 1999 SECTION 1. SHORT TITLE. under section 102(2)(C) of the National Environ- Wildlife Service withdrew these two This Act may be cited as the ‘‘Arctic Tundra mental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); regulations on June 17. While the judge Habitat Emergency Conservation Act’’. and did not rule on the merits of the regu- SEC. 2. FINDINGS AND PURPOSES. (C) May 15, 2001. lations, the Service was instructed to (c) RULE OF CONSTRUCTION.—This section (a) FINDINGS.—The Congress finds the fol- complete an Environmental Impact lowing: shall not be construed to limit the authority of (1) The winter index population of mid-con- the Secretary or the Service to issue rules, under Statement. This process will take be- tinent light geese was 800,000 birds in 1969, another law, to regulate the taking of mid-con- tween 12 and 18 months to complete, while the total population of such geese is more tinent light geese. and during that time the tundra will than 5,200,000 birds today. SEC. 4. DEFINITIONS. continue to be systematically de- (2) The population of mid-continent light In this Act: stroyed by an ever-increasing popu- geese is expanding by over 5 percent each year, (1) MID-CONTINENT LIGHT GEESE.—The term lation of light geese. and in the absence of new wildlife management ‘‘mid-continent light geese’’ means Lesser snow This is a simple bill. It will reinstate actions it could grow to more than 6,800,000 geese (Anser caerulescens caerulescens) and the two regulations already carefully breeding light geese in 3 years. Ross’ geese (Anser rossii) that primarily migrate evaluated, approved and then with- (3) The primary reasons for this unprece- between Canada and the States of Alabama, Ar- dented population growth are— drawn by the Fish and Wildlife Service. kansas, Colorado, Illinois, Indiana, Iowa, Kan- States would have the flexibility to (A) the expansion of agricultural areas and sas, Kentucky, Louisiana, Michigan, Min- the resulting abundance of cereal grain crops in nesota, Mississippi, Missouri, Montana, Ne- allow the use of electronic goose calls the United States; braska, New Mexico, North Dakota, Ohio, Okla- and unplugged shotguns, and to imple- (B) the establishment of sanctuaries along the homa, South Dakota, Tennessee, Texas, Wis- ment conservation orders to take mid- United States flyways of migrating light geese; consin, and Wyoming. continent light geese. and ECRETARY.—The term ‘‘Secretary’’ means H.R. 2454 enacts these regulations in (C) a decline in light geese harvest rates. (2) S (4) As a direct result of this population explo- the Secretary of the Interior. their identical form. In addition, the sion, the Hudson Bay Lowlands Salt-Marsh eco- (3) SERVICE.—The term ‘‘Service’’ means the bill sunsets when the Service has com- system in Canada is being systematically de- United States Fish and Wildlife Service. pleted both its Environmental Impact stroyed. This ecosystem contains approximately The SPEAKER pro tempore. Pursu- Statement and a new rule on mid-con- 135,000 acres of essential habitat for migrating ant to the rule, the gentleman from tinent light geese. In short, this is an light geese and many other avian species. Biolo- New Jersey (Mr. SAXTON) and the gen- interim solution to a very serious and 1 gists have testified that ⁄3 of this habitat has tleman from California (Mr. GEORGE evergrowing environmental problem. been destroyed, 1⁄3 is on the brink of devasta- MILLER) each will control 20 minutes. Mr. Speaker, I urge an ‘‘aye’’ vote. tion, and the remaining 1⁄3 is overgrazed. Mr. Speaker, I reserve the balance of (5) The destruction of the Arctic tundra is The Chair recognizes the gentleman having a severe negative impact on many avian from New Jersey (Mr. SAXTON). my time. species that breed or migrate through this habi- Mr. SAXTON. Mr. Speaker, I yield Mr. GEORGE MILLER of California. tat, including the following: myself such time as I may consume. Mr. Speaker, I yield myself such time (A) Canada Goose. (Mr. SAXTON asked and was given as I may consume. (B) American Wigeon. permission to revise and extend his re- (Mr. GEORGE MILLER of California (C) Dowitcher. asked and was given permission to re- (D) Hudsonian Godwit. marks.) Mr. SAXTON. Mr. Speaker, I am vise and extend his remarks.) (E) Stilt Sandpiper. Mr. GEORGE MILLER of California. pleased that we are considering H.R. (F) Northern Shoveler. Mr. Speaker, I rise in support of this (G) Red-Breasted Merganser. 2454, the Arctic Tundra Habitat Emer- legislation with the changes that have (H) Oldsquaw. gency Conservation Act. This bipar- been made in terms of making this pro- (I) Parasitic Jaeger. tisan legislation addresses the dev- (J) Whimbrel. gram available for the next two hunt- (K) Yellow Rail. astating impact of an exploding popu- ing seasons. I think that puts the kind (6) It is essential that the current population lation of light geese, more commonly of limitation on it that we can monitor of mid-continent light geese be reduced by 50 known as snow geese. and will make it a well-run program. percent by the year 2005 to ensure that the frag- Included within the Members’ folders ile Arctic tundra is not irreversibly damaged. In game bird and wildlife management, is a chronology on the issue. The U.S. some times our best efforts to restore wildlife (b) PURPOSES.—The purposes of this Act are Fish and Wildlife Service has been the following: populations can go awry and produce unin- (1) To reduce the population of mid-continent monitoring snow geese populations for tended consequences, and that seems to be light geese. over 50 years. During that time the the case with mid-continent light geese. (2) To assure the long-term conservation of mid-continent population, that is the No reasonable field biologist who has exam- mid-continent light geese and the biological di- population that frequents the Mis- ined light geese census data disputes the fact versity of the ecosystem upon which many sissippi flyway, has increased from that the population of light geese has shot up North American migratory birds depend. 800,000 birds in 1969 to more than 5.2 dramatically over the past decade to a point SEC. 3. FORCE AND EFFECT OF RULES TO CON- million geese today. In the absence of TROL OVERABUNDANT MID-CON- now where the birds are virtually eating them- TINENT LIGHT GEESE POPU- new wildlife management actions, selves out of their arctic and subarctic nesting LATIONS. there will be more than 6 million habitats. Our own management actions, in- (a) FORCE AND EFFECT.— breeding light geese in 3 years. cluding the establishment of protective areas (1) IN GENERAL.—The rules published by the This unprecedented population explo- Service on February 16, 1999, relating to use of and abundance of cereal grain crops, are part- sion is creating serious problems. The ly to blame, but so is the natural wariness and additional hunting methods to increase the har- geese appetite for Arctic coastal tun- vest of mid-continent light geese (64 Fed. Reg. reproductive capacity of this species. 7507–7517) and the establishment of a conserva- dra has created a strip of desert And so, we are left with the unfortunate re- tion order for the reduction of mid-continent stretching for 2,000 miles in Canada. ality that in one or anotherÐeither through in- light goose populations (64 Fed. Reg. 7517–7528), These birds are world-class foragers, creased human harvest or natural mortalityÐ shall have the force and effect of law. and their favorite foods are found in population of light geese will be culled in order (2) PUBLIC NOTICE.—The Secretary, acting the 135,000 acres that comprise the to prevent widespread habitat deterioration. It through the Director of the Service, shall take Hudson Bay lowland salt marsh eco- is a regrettable circumstance which offers no such action as is necessary to appropriately no- system. These geese are literally eat- simple, painless solutions. tify the public of the force and effect of the ing themselves out of house and home rules referred to in paragraph (1). H.R. 2454 would authorize two emergency (b) APPLICATION.—Subsection (a) shall apply and, in the process, destroying thou- regulations proposed earlier this year by the only during the period that— sands of acres of irreplaceable nesting Fish and Wildlife Service to increase the har- (1) begins on the date of the enactment of this habitat. These wetlands are crucial to vest of light geese in States within either the Act; and the survival not only of light geese but Mississippi and Central flyways. These regula- (2) ends on the latest of— to dozens of other species. tions were broadly supported by a wide range (A) the effective date of rules issued by the On February 16, the U.S. Fish and Service after such date of enactment to control of State and private wildlife and conservation overabundant mid-continent light geese popu- Wildlife Service issued two final rules organizations, including Ducks Unlimited and lations; to reduce this ever-expanding popu- the National Audubon Society. (B) the date of the publication of a final envi- lation of light geese. Sadly, in response These regulations were withdrawn earlier ronmental impact statement for such rules to a legal challenge, the U.S. Fish and this year by the Fish and Wildlife Service after August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6773 a Federal appeals court ruled that the Service particularly the thousands of orphaned, mal- In fact, in the end, the Service issued two needed to complete a full environmental im- nourished and eventually dead goslings who modest rules which would have increased the pact statement (EIS) regarding the proposed cannot survive on barren tundra. harvest of light geese by allowing hunters to emergency actions. I commend the Service for Together with expected population in- use electronic calls and unplugged shotguns. voluntary withdrawing their proposed regula- creases is another vexing problem: recovery While these changes by themselves would not tions and for recognizing the need to develop of habitat, destroyed by overfeeding at this far- save the fragile Arctic ecosystem, they were a a full EIS, and urge the Service to complete north latitude, is expected to take at least 15 responsible step in the right direction. this EIS at the earliest possible date. years; it will take even longer if some of the Once enacted these rules will reduce the I think it important to note for members that acreage continues to be foraged by geese population of mid-continent geese and more Congress is legislating in this matter solely be- during the recovery period. importantly they will slow the destruction of the cause all other administrative options available The U.S. Fish and Wildlife Service has been Arctic Tundra that is being transformed from to the ServiceÐunder NEPA or any other stat- working for a few years in partnership with the thickly vegetated wetlands to a virtual desert. uteÐhad been exhausted, and that the only Canadian Wildlife Service, several depart- In La Prouse Bay in Canada, which is a crit- remedy remaining was a legislative fix. This is ments of Fish and Game, Ducks Unlimited, ical nesting site, more than 60 percent of the an important factor driving the need for this the Audubon Society and other non-govern- salt-marsh vegetation has already been de- legislation. mental entities to try to address the problem. stroyed or damaged to the point where it is I do appreciate the helpful modifications In February of this year, the Fish and Wildlife unable to nourish birds. Regrettable, in response to a court order, made to the bill in the Resources Committee. Service issued two final rules to authorize the the Fish and Wildlife Service withdrew their Even improved, the bill does contain two trou- use of additional hunting methods to reduce regulations and they are now completing an bling provisions of which I am still concerned. the population of snow geese so that a rea- Environmental Impact Statement on mid-con- First, the bill would waive all procedural re- sonable population can survive on a viable habitat. The goal was to reduce the number of tinent light geese. quirements under the National Environmental While that occurs, the Arctic Tundra will Policy Act (NEPA). and second, the bill au- mid-continent light geese in the first year by 975,000 using additional hunting methods continue to be destroyed an acre at a time thorizes the use of otherwise outlawed hunting and these essential wetlands which provide practices, notably the use of electronic calling carefully studied and approved by the Fish and Wildlife Service. life for literally hundreds of avian species, be- devices and un-plugged shotguns. sides geese, will be irreplaceably lost. However, while I personally disagree with Unfortunately, the Service withdrew the rules in the aftermath of a court challenge. There is a better way. H.R. 2454 will rein- the Congress passing legislation to waive state the Fish and Wildlife Service's rules in NEPA or to authorize the otherwise illegal The result of inaction, however, would be dev- astating. Chairman Saxton was correct to their identical form. It is a temporary solution hunting methods, and while I remain con- and it will sunset no later than May 15, 2001. cerned that these regulations may be too press for a legislative solution to expedite the recovery process by implementing the Serv- This legislation is strongly supported by the broad, I realize that under the constraints of Administration, the States, and by most of the ice's rules, as the bill before us does today. It this specific emergency situation, such provi- conservation community including Ducks Un- is clear that human decision making has con- sions may be warranted, if not necessary. limited and the National Audubon Society. Moreover, I am pleased that the Resources tributed mightily to the light geese problem In closing, let me quote from the Chairman Committee amended the bill to include an ex- through increased agricultural production, of the Arctic Goose Habitat Working Group, piration date of May 15, 2001, or earlier if the sanctuary designation, and reduction in har- Dr. Bruce Batt, who testified that ``the finite Service files its final EIS before that date, to vest rates. amount of suitable goose breeding habitat is Mr. Speaker, the bill before us takes an af- limit the duration of this emergency action. rapidly being consumed and eventually will be firmative and humane step to help assure the And while I believe the Fish and Wildlife lost. Every technical, Administrative, legal and long-term survival of mid-continent light geese Service will act in good faith to complete the political delay just adds to the problem. There and the conservation of the habitat upon EIS at the earliest possible date, I also believe is real urgency here as we may not be far which they and other species depend. I urge that a fixed expiration date is necessary to en- from the point where the only choice is to my colleagues to support this important bill. record the aftermath of the crash of goose sure that a temporary action does not inad- Mr. YOUNG of Alaska. Mr. Speaker, as co- numbers with the related ecosystem destruc- vertently become permanent. I look forward to author of H.R. 2454, I rise in strong support of tion with all the other species that live there the Service completing its EIS, and I hope that the Arctic Tundra Habitat Emergency Con- this additional analysis will provide other alter- with geese.'' servation Act. The fundamental goal of this I urge an aye vote on H.R. 2454, a bipar- natives to address the overabundance of light legislation is to stop the destruction of the Ca- geese in a less indiscriminate manner and tisan bill that will save critical Arctic wetlands. nadian Arctic Tundra by a growing population Mr. GEORGE MILLER of California. without requiring Congress to pass legislation. of mid-continent light geese. If we do not act, Mr. DINGELL. Mr. Speaker, I rise in strong Mr. Speaker, I have no further requests these valuable wetlands may be lost forever. for time, and I yield back the balance support of the legislation being offered today Three years ago, the U.S. Fish and Wildlife by the gentleman from New Jersey [Mr. of my time. Service joined with the Canadian Wildlife Mr. SAXTON. Mr. Speaker, I have no SAXTON]. Service, Ducks Unlimited, the National Audu- H.R. 2545, the ``Arctic Tundra Habitat Emer- further requests for time, and I yield bon Society and several State and Provincial back the balance of my time. gency Conservation Act,'' quite simply is trying Fish and Game Departments in forming the The SPEAKER pro tempore. The to head off an unmitigated conservation dis- Arctic Goose Habitat Working Group. After question is on the motion offered by aster for white geese, including greater and carefully studying the problem, the Group the gentleman from New Jersey (Mr. lesser snow geese and Ross' geese. During issued a report that recommended that the SAXTON) that the House suspend the the past three decades, these mid-continent population of mid-continent light geese, which rules and pass the bill, H.R. 2454, as snow geese species populations have literally now numbers more than five million birds, be amended. exploded, from an estimated 800,000 in 1969 cut in half within six years. The question was taken; and (two- to more than five million today. This dramatic The working group suggested that the food thirds having voted in favor thereof) increase has resulted in the devastation of supply be reduced along U.S. Flyways, baiting the rules were suspended and the bill, nearly 50,000 acres of snow geese habitat of light geese be permitted, sharpshooters be as amended, was passed. around Canada's Hudson Bay. This tundra hired to kill large numbers of geese and addi- A motion to reconsider was laid on habitat, most of which comprises a coastal salt tional hunting methods such as electronic the table. marsh, is vital for nesting. As the snow geese goose calls and unplugged shotguns be uti- f proliferate and consume this habitat, other lized. populations of birds are also placed at risk by The Fish and Wildlife Service carefully re- ARIZONA STATEHOOD AND ENA- this loss of habitat. viewed these recommendations and it con- BLING ACT AMENDMENTS OF 1999 A special report issued in January 1998, by ducted an exhaustive analysis of the various Mr. SAXTON. Mr. Speaker, I move to Ducks Unlimited provides a good example of wildlife management options to reduce the suspend the rules and pass the bill the depth and the breadth of the problem. In population. It flatly rejected the flawed idea of (H.R. 747) to protect the permanent studies conducted in Churchill, Manitoba, ``letting nature run its course'' because it trust funds of the State of Arizona there were 2,000 nesting pairs in 1968. In would cause an environmental catastrophe from erosion due to inflation and mod- 1997, that number grew to more than 40,000 and many of the suggestions of the Working ify the basis on which distributions are pairs. The result is a cruel fate for the birds, Group were not implemented. made from those funds. H6774 CONGRESSIONAL RECORD — HOUSE August 2, 1999 The Clerk read as follows: 747, a bill to amend the Arizona Ena- been explained. Let me just say that it H.R. 747 bling Act of 1910 to allow the State of has been approved by the Governor. It Be it enacted by the Senate and House of Rep- Arizona to manage its State trust dif- is supported by the entire Arizona dele- resentatives of the United States of America in ferently. gation as well. Congress assembled, The bill was introduced by our col- The proposition on the ballot that SECTION 1. SHORT TITLE. league, the gentleman from Arizona was considered in the State of Arizona This Act may be cited as the ‘‘Arizona (Mr. STUMP), who we will hear from in makes very minor changes to the 1910 Statehood and Enabling Act Amendments of just a moment. The State of Arizona, Enabling Act. I urge its support. 1999’’. like many other States, receives reve- I would also like to thank the Arizona dele- SEC. 2. PROTECTION OF TRUST FUNDS OF STATE nues generated from lands that were gation, Mr. PASTOR, Mr. KOLBE, Mr. OF ARIZONA. HAYWORTH, Mr. SALMON and Mr. SHADEGG for (a) IN GENERAL.—Section 28 of the Act of granted to the State upon admission to June 20, 1910 (36 Stat. 574, chapter 310) is the Union. These revenues contribute their support and cosponsorship of H.R. 747, amended in the first paragraph by adding at funds to schools and other public insti- the Arizona Statehood and Enabling Act the end the following: ‘‘The trust funds (in- tutions. Amendments of 1999. cluding all interest, dividends, other income, As currently provided for in the Mr. Speaker, H.R. 747 amends the 1910 act and appreciation in the market value of as- original Enabling Act, the funds must of Congress that granted the State of Arizo- sets of the funds) shall be prudently invested pay all of their own income. This cre- na's entry into the Union. This bill makes two on a total rate of return basis. Distributions ates a problem because it does not ac- minor changes to the Arizona Enabling Act re- from the trust funds shall be made as pro- lating to the administration of state trust funds. vided in Article 10, Section 7 of the Constitu- count for or adjust to rates of infla- tion. Moreover, the current Enabling This legislation is supported by the Governor tion of the State of Arizona.’’. of Arizona, our State Treasurer, State Attorney (b) CONFORMING AMENDMENTS.— Act has a number of investment re- (1) Section 25 of the Act of June 20, 1910 (36 strictions. While these restrictions General, State Legislature, and most impor- Stat. 573, chapter 310), is amended in the pro- may have been appropriate at one tantly, the citizens of Arizona through their ap- viso of the second paragraph by striking time, they are outdated and no longer proval of this change through the ballot proc- ‘‘the income therefrom only to be used’’ and necessary or advisable. ess. inserting ‘‘distributions from which shall be On November 3, 1998, Arizona voters In order to make the necessary made in accordance with the first paragraph passed Proposition 102. This ballot measure changes to allow the State trust fund of section 28 and shall be used’’. amended the Arizona constitution to authorize to be managed differently, it is nec- (2) Section 27 of the Act of June 20, 1910 (36 the investment of Permanent Land Trust Fund essary for Congress to approve and Stat. 574, chapter 310), is amended by strik- monies in equity securities. These trust fund ing ‘‘the interest of which only shall be ex- amend the Arizona Enabling Act. monies derive from the sale of State Trust pended’’ and inserting ‘‘distributions from b which shall be made in accordance with the 1445 Lands granted to Arizona by the federal gov- first paragraph of section 28 and shall be ex- This legislation is almost identical ernment at statehood. The proposition allows pended’’. to a bill that we passed the last Con- the State of Arizona to capitalize on the higher SEC. 3. USE OF MINERS’ HOSPITAL ENDOWMENT gress that amended the New Mexico return rates offered through equity securities. FUND FOR ARIZONA PIONEERS’ This would improve management in the State HOME. Enabling Act. This is an important piece of legislation that will benefit and assist in the generation of more revenues (a) IN GENERAL.—Section 28 of the Act of for the beneficiaries by gaining authorization to June 20, 1910 (36 Stat. 574, chapter 310) is the State of Arizona. I urge my col- amended in the second paragraph by insert- leagues to support it. invest part of the fund in stocks and to invest ing before the period at the end the fol- Mr. Speaker, I reserve the balance of some earnings to offset inflation. lowing: ‘‘, except that amounts in the Min- my time. The Arizona Statehood and Enabling Act ers’ Hospital Endowment Fund may be used Mr. GEORGE MILLER of California. Amendments legislation will also make a much for the benefit of the Arizona Pioneers’ Mr. Speaker, I yield myself such time needed and essential change to the funding of Home’’. as I may consume. the Arizona Pioneers' Home. This state-oper- (b) EFFECTIVE DATE.—The amendment Mr. Speaker, I rise in support of this ated facility has been dedicated to the long- made by subsection (a) shall be deemed to term care of miners and homesteaders since have taken effect on June 20, 1910. legislation. 1911. Inadequate funds exist in the Miners' SEC. 4. CONSENT OF CONGRESS TO AMEND- Mr. Speaker, the Act of June 20, 1910, MENTS TO CONSTITUTION OF STATE which provided statehood for Arizona, Hospital Endowment Fund to build and oper- OF ARIZONA. granted federally owned lands to the ate a separate hospital for disabled miners. Congress consents to the amendments to new State and created a permanent Disabled miners have been cared for at the the Constitution of the State of Arizona pro- trust fund into which revenues from Arizona Pioneers' Home, but current law pro- posed by Senate Concurrent Resolution 1007 these lands are invested. However, the hibits the commingling of funds associated of the 43rd Legislature of the State of Ari- with state trust lands. H.R. 747 would allow zona, Second Regulator Session, 1998, enti- act also placed certain limitations on tled ‘‘Senate Concurrent Resolution request- the fund which have worked over time the Arizona Pioneers' Home to expend monies ing the Secretary of State to return Senate to prevent the State from managing from the Miners' Hospital Endowment Fund to Concurrent Resolution 1018, Forty-Third the trust fund as profitably as possible. continue care for miners who meet the statu- Legislature, First Regular Session, to the H.R. 747 will alter the terms of the tory admission requirements. Legislature and submit the Proposition con- trust fund and correct the problem. Mr. Speaker, H.R. 747 is a bill that is sup- tained in Sections 3, 4, and 5 of this Resolu- These changes have been approved by ported by bipartisan interests in the State of tion of the proposed amendments to Article the voters in Arizona, but because they Arizona and most importantly, the citizens of IX, Section 7, Article X, Section 7, and Arti- Arizona. I ask my colleagues for favorable cle XI, Section 8, Constitution of Arizona, to alter the original statehood act, Con- gress must approve them as well. This consideration of this legislation. the voters; relating to investment of State Mr. SAXTON. Mr. Speaker, I yield monies’’, approved by the voters of the State measure is almost identical to legisla- back the balance of my time. of Arizona on November 3, 1998. tion approved in a previous Congress Mr. GEORGE MILLER of California. The SPEAKER pro tempore. Pursu- for the State of New Mexico. Mr. Speaker, I yield back the balance ant to the rule, the gentleman from It is noncontroversial, and I urge my of my time. New Jersey (Mr. SAXTON) and the gen- colleagues to support the bill. The SPEAKER pro tempore (Mr. tleman from California (Mr. GEORGE Mr. Speaker, I reserve the balance of STEARNS). The question is on the mo- MILLER) each will control 20 minutes. my time. tion offered by the gentleman from The Chair recognizes the gentleman Mr. SAXTON. Mr. Speaker, I yield New Jersey (Mr. SAXTON) that the from New Jersey (Mr. SAXTON). such time as he may consume to the House suspend the rules and pass the Mr. SAXTON. Mr. Speaker, I yield gentleman from Arizona (Mr. STUMP). bill, H.R. 747. myself such time as I may consume. Mr. STUMP. Mr. Speaker, I thank The question was taken. (Mr. SAXTON asked and was given the gentleman for yielding me the Mr. SAXTON. Mr. Speaker, on that I permission to revise and extend his re- time. demand the yeas and nays. marks.) Mr. Speaker, I want to thank the The yeas and nays were ordered. Mr. SAXTON. Mr. Speaker, I am gentleman from Utah (Mr. HANSEN) for The SPEAKER pro tempore. Pursu- pleased that we are considering H.R. all his hard work on this. The bill has ant to clause 8 of rule XX and the August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6775 Chair’s prior announcement, further United States for the construction of a In short, jurisdiction over this site proceedings on this motion will be visitor center. for the visitor center must be trans- postponed. The visitor center facility would ferred from the National Park Service f jointly serve the F.D.R. Historic Site to the National Archives and Records and the Franklin D. Roosevelt Presi- Administration before we can begin VISITOR CENTER FOR HOME OF dential Library, located in Hyde Park, construction on this long-awaited vis- FRANKLIN D. ROOSEVELT NA- New York. The land transferred is au- itor center. TIONAL HISTORIC SITE thorized to be not more than one acre. Mr. Speaker, Franklin D. Roosevelt, Mr. SAXTON. Mr. Speaker, I move to H.R. 1104 is the result of efforts by our Nation’s 32nd President, lived at suspend the rules and pass the bill the gentleman from New York (Mr. his home in Hyde Park, New York, (H.R. 1104) to authorize the Secretary SWEENEY) and retired Congressman commonly referred to as of the Interior to transfer administra- Jerry Solomon, also from New York. ‘‘Springwood,’’ for most of his young tive jurisdiction over land within the This bill is supported by the adminis- life. boundaries of the Home of Franklin D. tration. While Governor of New York and as Roosevelt National Historic Site to the I urge my colleagues to support the President, Mr. Roosevelt frequented Springwood often and entertained Archivist of the United States for the bill. many dignitaries, including Winston construction of a visitor center. Mr. Speaker, I reserve the balance of my time. Churchill and King George VI. The Clerk read as follows: Franklin D. Roosevelt was involved H.R. 1104 Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such time in the planning and construction of the Be it enacted by the Senate and House of Rep- Presidential library at the site. The resentatives of the United States of America in as I may consume. Mr. Speaker, I rise in support of this F.D.R. Library is the only Presidential Congress assembled, library that was used by a sitting legislation. H.R. 1104 is a minor house- SECTION 1. VISITOR CENTER FOR HOME OF President for official duty. FRANKLIN D. ROOSEVELT NATIONAL keeping measure to authorize the Na- F.D.R. was intent on preserving his HISTORIC SITE, HYDE PARK, NEW tional Park Service to transfer juris- YORK. papers and mementos for future gen- diction over approximately one acre of erations to cherish and study. Included (a) TRANSFER OF ADMINISTRATIVE JURISDIC- land to the National Archives to enable TION.—The Secretary of the Interior may in his collection are 44,000 books, pho- transfer to the Archivist of the United construction of a joint visitor center tographs, Roosevelt’s White House States administrative jurisdiction over land facility at the Franklin D. Roosevelt desk and chair, and his collection of located in the Home of Franklin D. Roo- National Historic Site in Hyde Park, naval prints, models, and many paint- sevelt National Historic Site, for use by the NY. ings. Archivist for the construction of a visitor It is our understanding that the site The F.D.R. Library became the site center facility to jointly serve the Home of in question has been mutually agreed of the broadcast of Mr. Roosevelt’s pop- Franklin D. Roosevelt National Historic Site upon by the two agencies and that the ular fireside chats, and President Roo- and the Franklin D. Roosevelt Presidential funds have already been appropriated Library, located in Hyde Park, New York. sevelt would regularly hold conferences to construct the joint-use facility. (b) CONDITIONS OF TRANSFER.— with world leaders in his personal (1) PROTECTION OF HISTORIC SITE.—The Mr. Speaker, both the National Park study. transfer authorized in subsection (a) shall be Service and the National Archives and This legislation enjoys widespread subject to an agreement between the Sec- Records Administration testified in support of the National Park Service, retary and the Archivist that shall include favor of this legislation, and we are un- the National Archives and Records Ad- such provisions for the protection of the aware of any controversy and we sup- ministration, the town of Hyde Park, Home of Franklin D. Roosevelt National His- port the legislation. the Eleanor Roosevelt Site at Val-Kill, toric Site and the joint use of the facility to Mr. Speaker, I yield back the balance the Franklin and Eleanor Roosevelt In- be constructed as the Secretary and the Ar- stitute, Historic Hudson, and the Hud- chivist may consider necessary. of my time. son River Valley Greenway. (2) CONSIDERATION.—A transfer made pur- Mr. SAXTON. Mr. Speaker, I yield suant to subsection (a) shall be made with- such time as he may consume to the All of these organizations and com- out consideration or reimbursement. gentleman from New York (Mr. munities have dedicated their time and (3) TERMINATION.—If use by the Archivist of SWEENEY) the author of the bill. expertise to ensure that this visitor the land referred to in subsection (a) is ter- Mr. SWEENEY. Mr. Speaker, I thank center becomes a reality, and I thank minated by the Archivist at any time, ad- the gentleman from New Jersey for them all for their support. ministrative jurisdiction over the land shall yielding me the time and for his sup- I look forward to seeing many Ameri- automatically revert to the Department of port. cans and all of those who would travel the Interior. I thank the gentleman from Cali- and venture to Hyde Park, New York, (c) DESCRIPTION OF LAND.—The land re- fornia (Mr. MILLER) for his support. to seeing the visitor center finally be- ferred to in subsection (a) shall consist of come a reality at the Franklin D. Roo- not more than 1 acre of land as may be mu- Finally, I would like to thank the tually agreed to by the Secretary and the gentleman from Utah (Mr. HANSEN), sevelt Historic Site. Archivist and more particularly described in the subcommittee chair, for his sup- Mr. SAXTON. Mr. Speaker, I have no the agreement required under subsection port. further requests for time, and I yield (b)(1). I am proud to rise in support of H.R. back the balance of my time. The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- 1104, the legislation I introduced to question is on the motion offered by ant to the rule, the gentleman from transfer administrative jurisdiction the gentleman from New Jersey (Mr. New Jersey (Mr. SAXTON) and the gen- from the National Park Service to the SAXTON) that the House suspend the tleman from California (Mr. GEORGE National Archives for the construction rules and pass the bill, H.R. 1104. MILLER) each will control 20 minutes. of a visitor center at the Franklin R. The question was taken; and (two- The Chair recognizes the gentleman Roosevelt National Historic Site. thirds having voted in favor thereof) from New Jersey (Mr. SAXTON). The much anticipated visitor center the rules were suspended and the bill (Mr. SAXTON asked and was given will serve three area National Historic was passed. permission to revise and extend his re- Sites and will be a great addition to A motion to reconsider was laid on marks.) the rich history of the Nation’s Roo- the table. Mr. SAXTON. Mr. Speaker, I yield sevelt era and that of New York’s Hud- f myself such time as I may consume. son Valley. Mr. Speaker, H.R. 1104 is a non- The 105th Congress provided $8.2 mil- OLD JICARILLA ADMINISTRATIVE controversial bill that would authorize lion to the National Archives for con- SITE the Secretary of the Interior to trans- struction of the much-needed new fa- Mr. SAXTON. Mr. Speaker, I move to fer administrative jurisdiction over cility on a one-acre parcel within the suspend the rules and pass the bill land within the boundaries of the Home historic site. However, construction is (H.R. 695) to direct the Secretary of Ag- of Franklin D. Roosevelt National His- stalled due to a legal snag; and this riculture and the Secretary of the Inte- toric Site to the Archivist of the legislation corrects that snag. rior to convey an administrative site in H6776 CONGRESSIONAL RECORD — HOUSE August 2, 1999 San Juan County, New Mexico, to San This legislation will require the Sec- CONSTRUCTION INDUSTRY PAY- Juan College, as amended. retary to convey a 10-acre parcel MENT PROTECTION ACT OF 1999 The Clerk read as follows: known as the ‘‘Old Jicarilla Site’’ to Mr. HORN. Mr. Speaker, I move to H.R. 695 San Juan college. The Forest Service suspend the rules and pass the bill Be it enacted by the Senate and House of Rep- no longer requires its use and has not (H.R. 1219) to amend the Office of Fed- resentatives of the United States of America in occupied the site for several years. eral Procurement Policy Act and the Congress assembled, The bill will also require the site to Miller Act, relating to payment protec- SECTION 1. OLD JICARILLA ADMINISTRATIVE be used for educational and rec- tions for persons providing labor and SITE. reational purposes. Our good friend the materials for Federal construction (a) CONVEYANCE OF PROPERTY.—Not later gentleman from New Mexico (Mr. than one year after the date of completion of projects, as amended. UDALL) has done a great job on this The Clerk read as follows: the survey referred to in subsection (b), the Sec- legislation. I urge all my colleagues to retary of the Interior shall convey to San Juan H.R. 1219 College, in Farmington, New Mexico, subject to support its passage under the sus- Be it enacted by the Senate and House of Rep- the terms, conditions, and reservations under pended rules. resentatives of the United States of America in subsection (c), all right, title, and interest of the Mr. Speaker, I reserve the balance of Congress assembled, United States in and to a parcel of real property my time. SECTION 1. SHORT TITLE. (including any improvements on the land) not to Mr. GEORGE MILLER of California. This Act may be cited as the ‘‘Construction exceed 20 acres known as the ‘‘Old Jicarilla Mr. Speaker, I yield myself such time Industry Payment Protection Act of 1999’’. Site’’ located in San Juan County, New Mexico as I may consume. SEC. 2. AMENDMENTS TO THE MILLER ACT. (T29N; R5W; portions of sections 29 and 30). Mr. Speaker, I rise in support of H.R. (a) ENHANCEMENT OF PAYMENT BOND PROTEC- (b) DESCRIPTION OF PROPERTY.—The exact 695 by the gentleman from New Mexico TION.—Subsection (a)(2) of the first section of acreage and legal description of the real prop- the Miller Act (40 U.S.C. 270a(a)(2)) is amended erty conveyed under subsection (a) shall be de- (Mr. UDALL) which would direct the Secretary of the Interior to convey ap- by striking the second, third, and fourth sen- termined by a survey satisfactory to the Sec- tences and inserting in lieu thereof the fol- retary of the Interior, the Secretary of Agri- proximately 20 acres of both Forest lowing: ‘‘The amount of the payment bond shall culture, and the President of San Juan College. Service and Bureau of Land Manage- be equal to the total amount payable by the The cost of the survey shall be borne by San ment land, including real property on terms of the contract unless the contracting offi- Juan College. the land, on the Carson National For- cer awarding the contract makes a written de- (c) TERMS, CONDITIONS, AND RESERVATIONS.— est in San Juan County, New Mexico, termination supported by specific findings that (1) Notwithstanding exceptions of application to San Juan College in Farmington, a payment bond in that amount is impractical, under the Recreation and Public Purposes Act in which case the amount of the payment bond (43 U.S.C. 869(c)), consideration for the convey- New Mexico. The ‘‘Old Jicarilla Site,’’ as it is shall be set by the contracting officer. In no ance described in subsection (a) shall be— case shall the amount of the payment bond be (A) an amount that is consistent with the Bu- known, contains a surplus and aban- less than the amount of the performance reau of Land Management special pricing pro- doned ranger station. The college bond.’’. gram for Governmental entities under the Recre- would pay for all lands in accordance (b) MODERNIZATION OF DELIVERY OF NO- ation and Public Purposes Act; and with the Recreation and Public Pur- TICE.—Section 2(a) of the Miller Act (40 U.S.C. (B) an agreement between the Secretaries of poses Act and use the site for edu- 270b(a)) is amended in the last sentence by strik- the Interior and Agriculture and San Juan Col- cational and recreational purposes. ing ‘‘mailing the same by registered mail, post- lege indemnifying the Government of the United age prepaid, in an envelope addressed’’ and in- States from all liability of the Government that The bill represent a bipartisan effort both in the House and the Senate. I serting ‘‘any means which provides written, arises from the property. third-party verification of delivery.’’. (2) The lands conveyed by this Act shall be urge my colleagues to support it. (c) NONWAIVER OF RIGHTS.—The second sec- used for educational and recreational purposes. I would like to take the time to con- tion of the Miller Act (40 U.S.C. 270b) is amend- If such lands cease to be used for such purposes, gratulate the gentleman from New ed by adding at the end the following new sub- at the option of the United States, such lands Mexico (Mr. UDALL) on his sponsorship section: will revert to the United States. of this piece of legislation in an effort ‘‘(c) Any waiver of the right to sue on the (3) The Secretary of Agriculture shall identify payment bond required by this Act shall be void any reservations of rights-of-way for ingress, to get it passed. Mr. Speaker, I yield back the balance unless it is in writing, signed by the person egress, and utilities as the Secretary deems ap- whose right is waived, and executed after such propriate. of my time. person has first furnished labor or material for (4) The conveyance described in subsection (a) Mr. SAXTON. Mr. Speaker, I have no use in the performance of the contract.’’. shall be subject to valid existing rights. further requests for time, and I yield SEC. 3. IMPLEMENTATION THROUGH THE GOV- (d) LAND WITHDRAWALS.—Public Land Order back the balance of my time. ERNMENT-WIDE PROCUREMENT 3443, only insofar as it pertains to lands de- The SPEAKER pro tempore. The REGULATIONS. scribed in subsections (a) and (b), shall be re- question is on the motion offered by (a) PROPOSED REGULATIONS.—Proposed revi- voked simultaneous with the conveyance of the the gentleman from New Jersey (Mr. sions to the Government-wide Federal Acquisi- property under subsection (a). tion Regulation to implement the amendments SAXTON) that the House suspend the made by this Act shall be published not later The SPEAKER pro tempore. Pursu- rules and pass the bill, H.R. 695, as ant to the rule, the gentleman from than 120 days after the date of the enactment of amended. this Act and provide not less than 60 days for New Jersey (Mr. SAXTON) and the gen- The question was taken; and (two- public comment. tleman from California (Mr. GEORGE thirds having voted in favor thereof) (b) FINAL REGULATIONS.—Final regulations MILLER) each will control 20 minutes. the rules were suspended and the bill, shall be published not less than 180 days after The Chair recognizes the gentleman as amended, was passed. the date of the enactment of this Act and shall from New Jersey (Mr. SAXTON). A motion to reconsider was laid on be effective on the date that is 30 days after the date of publication. (Mr. SAXTON asked and was given the table. permission to revise and extend his re- The SPEAKER pro tempore. Pursu- marks.) f ant to the rule, the gentleman from Mr. SAXTON. Mr. Speaker, I yield California (Mr. HORN) and the gen- myself such time as I may consume. tleman from Texas (Mr. TURNER) each Mr. Speaker, H.R. 695 would direct GENERAL LEAVE will control 20 minutes. the Secretary of Agriculture and the Mr. SAXTON. Mr. Speaker, I ask The Chair recognizes the gentleman Secretary of the Interior to convey the unanimous consent that all Members from California (Mr. HORN). administrative site in San Juan Coun- may have 5 legislative days within Mr. HORN. Mr. Speaker, I yield my- ty, New Mexico, to San Juan College. which to revise and extend their re- self such time as I may consume. H.R. 695 a bill to direct the Secretary marks and to include extraneous mate- I include for the RECORD at this point of Agriculture and the Secretary of the rial on H.R. 2654, H.R. 1104, and H.R. a letter from the chairman of the Com- Interior to convey an administrative 747, the bills just passed. mittee on the Judiciary, the gentleman site in San Juan County, New Mexico, The SPEAKER pro tempore. Is there from Illinois (Mr. HYDE), agreeing to to San Juan College, was introduced by objection to the request of the gen- the discharge of the Committee on the our colleague the honorable gentleman tleman from New Jersey? Judiciary from further consideration of from New Mexico (Mr. UDALL). There was no objection. H.R. 1219. August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6777 HOUSE OF REPRESENTATIVES, use to notify the prime contractor of is great enough to protect all of the COMMITTEE ON THE JUDICIARY, their intent to seek payment from the subcontractors. At the same time the Washington, DC, June 18, 1999. payment bond. It permits notice by legislation will modernize and Hon. DAN BURTON, any delivery service that provides writ- strengthen the Miller Act and will pro- Chairman, Committee on Government Reform, House of Representatives, Washington, DC. ten third-party verification of delivery, vide a means of improving a relation- DEAR CHAIRMAN BURTON: I understand that including the United States Postal ship of the subcontractors that has the Government Reform Committee desires Service or a private express delivery been long needed. to take H.R. 1219, the ‘‘Construction Indus- service. This bill was reported by the Com- try Payment Protection Act,’’ to the floor Moreover, the bill would require that mittee on Government Reform on May without this committee reporting the bill. any waiver of the Miller Act protec- 19 by voice vote. The measure has also The bill contains certain matters within the tions by a beneficiary of those protec- been referred to the Committee on the Rule X jurisdiction of the Judiciary Com- tions must be in writing and may be Judiciary which has discharged the mittee which were the basis of the bill’s re- ferral to us. Such matters include amend- made only after a subcontractor or bill. I would like to thank particularly ments to the Miller Act made by section 3 supplier has furnished labor or mate- the gentleman from Pennsylvania (Mr. and procedural rules for promulgating revi- rials for use in the performance of the GEKAS) and the gentleman from New sions to the Federal Acquisition Regulation contract. York (Mr. NADLER) for their help in established by section 4. b 1500 crafting this bill. In the interest of moving this non-con- Mr. Speaker, I reserve the balance of troversial bill forward expeditiously, I will The bill also requires that the Office my time. agree to the Judiciary Committee being dis- of Management and Budget issue final Mr. HORN. Mr. Speaker, I yield such charged from further consideration of H.R. regulations implementing these provi- time as he may consume to the gen- 1219. However, this should not be construed sions not less than 180 days after enact- tleman from Virginia (Mr. DAVIS). He as a relinquishment of the Committee’s Rule ment of this legislation. X jurisdiction as to the matters addressed by has done an outstanding job in bring- the bill or any further amendments relating H.R. 1219 represents a bipartisan ef- ing many of the parties together on to it. fort to update the 1935 Miller Act. This this particular bill and we deeply ap- Please place a copy of this letter in the bill contains proposals to amend the preciate his work on it. record of debate on the bill. Miller Act that address some of the Mr. DAVIS of Virginia. Mr. Speaker, Sincerely, concerns of a variety of trade associa- I thank the chairman of the sub- HENRY J. HYDE, tions representing essentially every committee for yielding me this time Chairman. segment of the construction and surety and I particularly thank the author of Mr. Speaker, H.R. 1219, the Construc- industries. Our thanks go to the Demo- this bill the gentlewoman from New tion Industry Payment Protection Act crats and Republicans who have York who has worked, I think, over and of 1999, is a bill introduced by my col- worked together long and hard to bring beyond the usual call of duty in trying league, the gentlewoman from New this important bipartisan measure to to bring consensus to something very York (Mrs. MALONEY). It would mod- the floor. technical but I think something very ernize the 1935 Miller Act. I was pleased to be a cosponsor of the meaningful to government contractors Under the Miller Act, contractors gentlewoman from New York’s bill, the and subcontractors and sureties. performing work on a Federal public prime author, and the gentleman from I rise today in support of H.R. 1219, works project costing in excess of Virginia (Mr. DAVIS) was also one of the Construction Industry Payments $100,000 are required to furnish a pay- the key people in assuring that these Act of 1999. ment bond. The payment bond is in- different parties came together. The This is legislation we have been in- tended to protect subcontractors and time has come to modernize the Miller volved with since the 105th Congress suppliers and materials against the Act. I urge my colleagues to support when the gentlewoman from New York risk of nonpayment when working on this measure. began working with the affected indus- Federal construction projects. Mr. Speaker, I reserve the balance of try groups to find consensus on updat- The Act also requires a performance my time. ing the original Miller Act of 1935. I am bond to guarantee completion of the Mr. TURNER. Mr. Speaker, I yield happy to say that this bipartisan co- project. myself such time as I may consume. operation resulted in a strong bill that In addition, the Miller Act requires Mr. Speaker, this bill was introduced industry, Congress and the Federal the contractor to provide a perform- by the gentlewoman from New York Government can all support. It is fis- ance bond that guarantees completion (Mrs. MALONEY) as a means of address- cally responsible and it offers reason- of the project. ing some very serious concerns sur- able protections to all parties involved The 1935 Act caps the total amount of rounding the bond requirements estab- in this type of Federal procurement. the payment bond at $2.5 million. Al- lished in the Miller Act of 1935. I want H.R. 1219 amends the 1935 Miller Act though that amount might have been to commend the gentlewoman from which has stood the test of time very appropriate for public works projects New York for her leadership in this leg- well. It has needed relatively little leg- in 1935, in many cases today it no islation, specifically her work in bring- islative attention or congressional longer provides subcontractors with ing all the parties together that have oversight since its passage. Currently, adequate protection. an interest in this bill, working with the Miller Act requires a contractor Today, more than half of all Federal them, ensuring that all of the concerns awarded a Federal contract in excess of construction projects exceed $2.5 mil- that were laid on the table by all of the $100,000 to furnish the government with lion. H.R. 1219 seeks to correct this parties were addressed. She did an out- a performance bond and a payment problem by requiring general contrac- standing job in working in a very bi- bond. These bonds protect the govern- tors to obtain payment bonds of an partisan way on this bill. ment and certain persons providing amount equivalent to the total value of Specifically, subcontractors who per- labor and material for performance of the contract. form construction projects for the Fed- that work. H.R. 1219 prepares the Mil- As noted, H.R. 1219 would require eral Government have raised questions ler Act for the 21st century. It should general contractors to obtain payment about the adequacy of the payment achieve its objectives without unrea- bonds of an amount equal to the total bond requirement. The gentlewoman sonably increasing the financial expo- contract price unless the contracting from New York as a member of the sure or placing additional burdens on officer makes a written determination Committee on Government Reform, the prime contractor or the surety that a payment bond in that amount is former ranking member of the Sub- bond producers and corporate sureties impractical. However, under no cir- committee on Government Manage- that provide Miller Act bond payments. cumstances can the amount of the pay- ment, Information, and Technology, It modernizes the act in three areas: ment bond be less than the amount of has been persistent in trying to correct The legislation raises the payment the performance bond. the deficiencies of the current law. bond to the value of the contract The bill also would expand the meth- H.R. 1219 would remedy these prob- award, allows receipt of notice through ods by which the subcontractors could lems and ensure that the payment bond any method that provides written third H6778 CONGRESSIONAL RECORD — HOUSE August 2, 1999 party verification of receipt, and it pre- ADDITIONAL INDUSTRY GROUPS WHO ASSISTED on Federal projects will actually be vents any waiver of the Miller Act IN DRAFTING THE MILLER ACT, H.R. 1219, paid and will not have to worry about rights prior to the commencement of THE CONSTRUCTION INDUSTRY PAYMENT ACT being paid for their work. H.R. 1219 will the work. These three key updates of Air Conditioning Contractors Association modernize the 65-year-old Miller Act the 1935 legislation enhance the proce- American Insurance Association which was passed in 1935 to provide dures and protections of the Miller Act American Subcontractors Association payment protection for construction Mechanical Contractors Association of for the government and those with America subcontractors and suppliers. Under rights under the act as we continue to National Association of Plumbing-Heating- the Miller Act, prime contractors on update our procurement procedures the Cooling Contractors Federal projects are required to pur- next century. National Association of Surety Bond Pro- chase two types of surety bonds, one, I am particularly impressed with ducers the performance bond which assures H.R. 1219 and the reasonable updates of National Electrical Contractors Association the government that the work will in the Miller Act that allow it to be par- Painting and Decorating Contractors of fact be completed, and a second, the ticularly effective in protecting all America payment bond that provides payment parties in the contracting process. Not Sheet Metal & Air Conditioning Contractors protection for subcontractors and sup- National Association only does it preserve the authority of Surety Association of America pliers. The payment bond is critical, the United States courts to adjudicate American Fire Sprinkler Association because it is the payment protection of issues under the Miller Act but it pre- Architectural Woodwork Institute last resort in the event of a default on serves the freedom of the contractor Association of the Wall & Ceiling Industries- the part of the prime contractor. Yet and the subcontractor to choose within International under the Miller Act’s depression era their own contract the particular dis- Automatic Fire Alarm Association requirements, prime contractors are pute resolution process that will gov- Independent Electrical Contractors not required to obtain a payment bond ern their dispute. This is an effective Mason Contractors Association of America equal to the full value of the contract. National Association of Credit Management In fact, for contracts of $5 million or reform that focuses on everyone’s goal, National Ground Water Association providing the best product to the Fed- National Insulation Association more, the payment bond need not be eral Government in a timely manner. World Floor Covering Association worth more than $2.5 million regardless Additionally, H.R. 1219 maintains a Mr. TURNER. Mr. Speaker, it is an of the size of the project. Since 1935, subcontract provision that allows for honor for me to yield such time as she Federal construction projects have requiring arbitration or another alter- may consume to the gentlewoman from changed dramatically in size and dollar native dispute resolution process. A New York (Mrs. MALONEY). I too would value. The protections afforded by the protected person’s Miller Act rights like to thank the gentlewoman for the Miller Act may have been adequate in would be preserved by a timely suit in leadership she has provided on this bill. 1935, but they are simply not sufficient the District Court that can be stayed She has spent more time working on for today. In fact, if the value of $2.5 pending the subcontract dispute resolu- this than any other Member of this million were simply adjusted for infla- tion process. House. She is the sponsor of this bill. tion, it would now be at least $30 mil- Simply put, this legislation modern- Mrs. MALONEY of New York. Mr. lion. With Federal construction izes the procedures and protections of Speaker, I thank the ranking member projects costing hundreds of millions of the Miller Act, preserves the exclusive for yielding me this time and I thank dollars, $2.5 million is simply not jurisdiction of the U.S. District Court him for his leadership and support. enough to provide payment protection to resolve issues arising under the Mil- The best legislation is bipartisan and for subcontractors, particularly those ler Act, and respects the freedom of the this has truly been a bipartisan effort working in the later stages of complex, contractor and subcontractor to choose over the past 3 years. I particularly multi-year construction projects. their own dispute resolution process, congratulate the gentleman from Cali- Earlier this year, President Clinton thereby bolstering the Federal Govern- fornia (Mr. HORN) with whom I have announced that the Federal Govern- ment’s strong policy in favor of alter- worked in a constructive way on many ment, along with Senator MOYNIHAN, native dispute resolution. pieces of legislation before this body would be taking the lead in renovating Finally, I want to again thank the and the gentleman from Pennsylvania the Farley Building in my home city of gentlewoman from New York for her (Mr. GEKAS) who likewise led on this New York as part of the Penn Station willingness to sit down and negotiate effort and the gentleman from Virginia mass transit redevelopment project. It on this legislation what appeared to be (Mr. DAVIS) who led actually a task is estimated that this project will cost differences too great to overcome in force over the last summer between the almost $400 million. Now, under the the waning days of the 105th Congress. different bodies that came forward Miller Act, the general contractor Instead this has resulted in a strong, with a consensus and compromise bill. would only be required to furnish a updated Miller Act early on in this And finally the stakeholders, all of the payment bond worth $2.5 million, clear- Congress. I believe the extensive nego- industries involved, over 25 industries ly not enough to provide protection for tiations between the gentlewoman came together and signed their own subcontractors and suppliers and their from New York, myself and others dis- contract in support of the legislation workers on a $400 million project. But tilled the key elements of the Miller and their pledge to work to pass it. So thanks to this legislation that we are Act to address and improve future situ- it has indeed been a combined effort about to pass today, the subcontractors ations in Federal contracting. H.R. 1219 which will ultimately not only help the working on the Farley Building will ac- is legislation that both enhances and employers and the employees but the tually be paid and will enjoy full pay- preserves the 1935 legislation. This American taxpayer, because the cost of ment protection. could not have occurred without a will- the jobs will go down because those I learned firsthand about the prob- ingness to build consensus or work to- bidding on them will know that the lems of the Miller Act when I was con- gether. I would also like to thank the risk of not being paid will now be cov- tacted by one of my constituents, Fred many industry organizations that ered and that risk will not be built into Levinson, in 1997. Fred owns a subcon- agreed to sit down and come up with their bid. So it has been a day where tracting firm in my district. Fred reasonable compromises that helped us everyone benefits in our country and I Levinson was hired to work on a develop the strong bill before us today. am very proud to have been part of the project for the Federal Bureau of Pris- In particular, I want to thank the As- team that made this happen. ons for over $100 million. But when the sociated Builders and Contractors of This is truly a historic day for the prime contractor on the building was America, the Surety Association of construction industry and their work- terminated, Mr. Levinson was left America, the American Insurance As- ers. Today we are passing bipartisan without any way to collect the money sociation, and other organizations that legislation that will restore full pay- he was owed for the work that he per- I will insert in the RECORD. ment protection for construction firms formed. As a result, he lost $9.5 million I urge the passage of this bill. I would and their employees who do business simply because the Miller Act did not also like to thank Amy Heerink and with the Federal Government. Thanks provide for full payment protection. Melissa Wojciak from my staff. to this bill, subcontractors who work Mr. Levinson was fortunate enough to August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6779 be able to save his company, but this jointly by my friend from California Mr. Speaker, I urge all Members to payment problem still forced him to (Mr. HORN) and my friend from Penn- support this important bipartisan bill. lay off employees and scale back his sylvania (Mr. GEKAS). Mr. TURNER. Mr. Speaker, I have no business. Other subcontractors on big At that hearing we heard from sev- further requests for time, and I yield Federal projects are simply not so eral witnesses who spoke on the need back the balance of the time. lucky and risk bankruptcy when the to modernize the act, including my Mr. HORN. Mr. Speaker, I yield my- prime contractor defaults. constituent Fred Levinson and one of self such time as I may consume. Thanks to this bill, no subcontractor Chairman GEKAS’ constituents, Micki I just want to, in conclusion, note in the future, including those working Weaver. Mrs. Weaver, who owns a small that the gentleman from Texas (Mr. on the Farley Building or any Federal specialty firm told of how the inad- TURNER), the ranking minority mem- building, will have to suffer from inad- equacies of the Miller act led her to ber on the subcommittee, has been equate payment bond protection as did avoid bidding altogether on future Fed- very helpful on this; and I mentioned my constituent Fred Levinson. This is eral projects. earlier, I will mention again, the gen- also, I might add, a case study in de- Both the gentleman from California tleman from Pennsylvania (Mr. GEKAS) mocracy, an example of how one person (Mr. HORN) and the gentleman from is a very distinguished legislator from can come to a legislator, point out a Pennsylvania (Mr. GEKAS) agreed that Pennsylvania and a key person on the problem, and work with them to solve the Miller act needed to be modernized Committee on the Judiciary, and the it and to make a difference. I would and joined me as an original sponsor. I gentleman from Illinois (Mr. HYDE) like to dedicate my work on this bill to am very grateful for their hard work as gave the waiver of this bill to the floor, Fred Levinson, who brought it to my well as that of their staffs and my own, and we are extremely grateful for that attention. staff which have helped to get us to bipartisan, bi-committee cooperation. Mr. Speaker, as someone who has where we are today. In addition, the But in closing, I want to say to the long been interested in Federal pro- gentleman from Indiana (Mr. BURTON) gentlewoman from New York (Mrs. curement policy, I can speak firsthand and the gentleman from Illinois (Mr. MALONEY) who put it right on the nose, to the importance of full and timely HYDE) both were instrumental in mov- this is a case study in democracy. Ev- payment to all segments of the con- ing this bill through the legislative eryone that is listening or hearing or struction industry. In particular, small process, as were the ranking members, reading the RECORD is going to see this firms face enormous risks when they the gentleman from California (Mr. is an example of a constituent walking are not paid for work they complete. WAXMAN) and the gentleman from through their Representative’s door Many firms across the country have Michigan (Mr. CONYERS). and say, Look, I’ve had a problem here. risked bankruptcy simply because they My friend from Virginia (Mr. DAVIS) Can you do anything about it? A lot of were not paid on time or in full by a took the lead in getting everyone in- us have had that experience, and the project owner. Cases in which the Fed- volved in this issue to agree to sit fact is people do not need to go through eral Government is the owner of the down at the table and negotiate so that lobbyists; they do not need to go project are certainly no exception. we could reach the agreement on the through people that are at PAC parties legislation we have before us today. In or anything else. They can just walk b 1515 addition, many other Members of this into their legislator, and if they got a This bill will make three important House, including the gentleman from good case, something will happen. The changes to the Miller act. Florida (Mr. SCARBOROUGH), the gen- gentlewoman from New York (Mrs. First, it will require that prime con- tleman from Texas (Mr. SESSIONS), the MALONEY) showed something that hap- tractors working on Federal projects gentleman from Texas (Mr. SMITH), and pened, and all of us cooperated to do it furnish a payment bond of a value the gentleman from Pennsylvania (Mr. because we knew this was just and we equal to the value of the contract they KANJORSKI) have supported and worked needed to update that law, and I would have been awarded. This provision will on this legislation from the beginning hope that we have a unanimous vote of ensure full payment protection for sub- and were very instrumental in moving the House. contractors who choose to work on it to the floor today. I want to thank my own majority Federal projects. They will no longer Equally important, Mr. Speaker, is staff, George, the chief counsel and be a $2.5 million limit. the hard work that many of the indus- staff director, Randy. The counsel and Second, this bill will modernize the try groups have done. I am pleased that professional staff member have worked provisions of the Miller act which deal every industry group with an interest with the staff of the gentlewoman from with notification of an intent to make in modernizing the Miller act supports New York (Mrs. MALONEY) and the staff a claim on a payment bond. Current this bipartisan legislation. This bill en- of the gentleman from Pennsylvania law permits notification only by cer- joys the backing of at least 25 industry (Mr. GEKAS), and we thank them all for tified mail. Under this bill, notification organizations, all of which have had a their help. I urge adoption of this will be permitted by any means that vested interest in the payment bond measure. permits written third-party notifica- protection afforded by the act. The SPEAKER pro tempore. The tion of delivery. In this era of over- In particular, I would like to thank question is on the motion offered by night mail and electronic commerce, it the American Subcontractors Associa- the gentleman from California (Mr. simply makes no sense to permit noti- tion which has spearheaded the broad- HORN) that the House suspend the rules fication only through registered mail. based coalition to modernize the Miller and pass the bill, H.R. 1219, as amend- Finally, this bill includes a provision act for their hard work on this bill as ed. that prohibits any waiver of the right well as that of the Associated General The question was taken. to sue under a payment bond unless Contractors of America and the Surety Mr. HORN. Mr. Speaker, on that I de- that waiver is signed by the person Association of America, both of which mand the yeas and nays. whose right is waived after they have played a critical role in the negotia- The yeas and nays were ordered. commenced work on the project. This tions which led to this bill. The SPEAKER pro tempore. Pursu- will ensure that no subcontractor Mrs. MALONEY of New York. Mr. ant to clause 8 of rule XX and the waives his or her right to sue before be- Speaker, finally I am very pleased to Chair’s prior announcement, further ginning work on a project. This provi- announce that the administration has proceedings on this motion will be sion is critical to protecting the rights recently said that it, too, supports the postponed. of subcontractors throughout the bid- bill. This bill will bring about a com- f ding process and beyond. mon sense reform that will make a tre- I always believe that the best legisla- mendous difference for construction GENERAL LEAVE tion is bipartisan, and that is certainly subcontractors and their workers who Mr. HORN. Mr. Speaker, I ask unani- true in this case. This legislation en- do business with the Federal Govern- mous consent that all Members may joys broad support from Members ment. It will not cost the taxpayers have 5 legislative days within which to across the political spectrum. This bill anything, and in fact it might lower revise and extend their remarks on grew out of a hearing that was held the cost of Federal projects. H.R. 1219, as amended. H6780 CONGRESSIONAL RECORD — HOUSE August 2, 1999 The SPEAKER pro tempore. Is there SEC. 3. DEFINITION. TITLE II—IMPROVING FEDERAL DEBT objection to the request of the gen- As used in this Act, the term ‘‘nontax COLLECTION PRACTICES tleman from California? debt’’ means any debt (within the meaning of SEC. 201. MISCELLANEOUS CORRECTIONS TO There was no objection. that term as used in chapter 37 of title 31, SUBCHAPTER II OF CHAPTER 37 OF TITLE 31, UNITED STATES CODE. United States Code) other than a debt under f (a) CHILD SUPPORT ENFORCEMENT.—Section the Internal Revenue Code of 1986 or the Tar- 3716(h)(3) of title 31, United States Code, is GOVERNMENT WASTE, FRAUD, iff Act of 1930. AND ERROR REDUCTION ACT OF amended to read as follows: SEC. 4. APPLICATION OF ACT. ‘‘(3) In applying this subsection with re- 1999 spect to any debt owed to a State, other than No provision of this Act shall apply to the Mr. HORN. Mr. Speaker, I move to past due support being enforced by the State, Department of the Treasury or the Internal subsection (c)(3)(A) shall not apply.’’. suspend the rules and pass the bill Revenue Service to the extent that such (H.R. 1442) to amend the Federal Prop- (b) DEBT SALES.—Section 3711 of title 31, provision— United States Code, is amended by striking erty and Administrative Services Act (1) involves the administration of the in- subsection (i). of 1949 to continue and extend author- ternal revenue laws; or (c) GAINSHARING.—Section 3720C(b)(2)(D) of ity for transfers to State and local gov- (2) conflicts with the Internal Revenue title 31, United States Code, is amended by ernments of certain property for law Service Restructuring and Reform Act of striking ‘‘delinquent loans’’ and inserting enforcement, public safety, and emer- 1998, the Internal Revenue Code of 1986, or ‘‘debts’’. gency response purposes, as amended. the Tariff Act of 1930. (d) PROVISIONS RELATING TO PRIVATE COL- LECTION CONTRACTORS.— The Clerk read as follows: TITLE I—GENERAL MANAGEMENT (1) COLLECTION BY SECRETARY OF THE IMPROVEMENTS H.R. 1442 TREASURY.—Section 3711(g) of title 31, United Be it enacted by the Senate and House of Rep- SEC. 101. IMPROVING FINANCIAL MANAGEMENT. States Code, is amended by adding at the end resentatives of the United States of America in the following: Congress assembled, Section 3515 of title 31, United States Code, ‘‘(11) In attempting to collect under this is amended— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. subsection through the use of garnishment (1) in subsection (a)— (a) SHORT TITLE.—This Act may be cited as any debt owed to the United States, a pri- (A) by striking ‘‘1997’’ and inserting ‘‘2000’’; the ‘‘Government Waste, Fraud, and Error vate collection contractor shall not be pre- and Reduction Act of 1999’’. cluded from verifying the debtor’s current (B) by inserting ‘‘Congress and’’ after ‘‘sub- (b) TABLE OF CONTENTS.—The table of con- employer, the location of the payroll office mit to’’; and tents for this Act is as follows: of the debtor’s current employer, the period (2) by striking subsections (e), (f), (g), and the debtor has been employed by the current Sec. 1. Short title; table of contents. (h). employer of the debtor, and the compensa- Sec. 2. Purposes. tion received by the debtor from the current Sec. 3. Definition. SEC. 102. IMPROVING TRAVEL MANAGEMENT. employer of the debtor. Sec. 4. Application of Act. (a) LIMITED EXCLUSION FROM REQUIREMENT ‘‘(12) In evaluating the performance of a TITLE I—GENERAL MANAGEMENT REGARDING OCCUPATION OF QUARTERS.—Sec- contractor under any contract entered into IMPROVEMENTS tion 5911(e) of title 5, United States Code, is under this subsection, the Secretary of the Sec. 101. Improving financial management. amended by adding at the end the following Treasury shall consider the contractor’s Sec. 102. Improving travel management. new sentence: ‘‘The preceding sentence shall gross collections net of commissions (as a TITLE II—IMPROVING FEDERAL DEBT not apply with respect to lodging provided percentage of account amounts placed with COLLECTION PRACTICES under chapter 57 of this title.’’. the contractor) under the contract. The ex- istence and frequency of valid debtor com- Sec. 201. Miscellaneous corrections to sub- (b) USE OF TRAVEL MANAGEMENT CENTERS, plaints shall also be considered in the eval- chapter II of chapter 37 of title AGENTS, AND ELECTRONIC PAYMENT SYS- uation criteria. 31, United States Code. TEMS.— ‘‘(13) In selecting contractors for perform- Sec. 202. Barring delinquent Federal debtors (1) REQUIREMENT TO ENCOURAGE USE.—The ance of collection services, the Secretary of from obtaining Federal bene- head of each executive agency shall, with re- the Treasury shall evaluate bids received fits. spect to travel by employees of the agency in through a methodology that considers the Sec. 203. Collection and compromise of the performance of the employment duties bidder’s prior performance in terms of net nontax debts and claims. by the employee, require, to the extent prac- ticable, the use by such employees of travel amounts collected under Government collec- TITLE III—SALE OF NONTAX DEBTS tion contracts of similar size, if applicable. OWED TO UNITED STATES management centers, travel agents author- ized for use by such employees, and elec- The existence and frequency of valid debtor Sec. 301. Authority to sell nontax debts. tronic reservation and payment systems for complaints shall also be considered in the Sec. 302. Requirement to sell certain nontax the purpose of improving efficiency and evaluation criteria.’’. debts. economy regarding travel by employees of (2) COLLECTION BY PROGRAM AGENCY.—Sec- TITLE IV—TREATMENT OF HIGH VALUE the agency. tion 3718 of title 31, United States Code, is amended by adding at the end the following: NONTAX DEBTS (2) PLAN FOR IMPLEMENTATION.—(A) The ‘‘(h) In attempting to collect under this Administrator of General Services shall de- Sec. 401. Annual report on high value nontax subsection through the use of garnishment velop a plan regarding the implementation debts. any debt owed to the United States, a pri- of this subsection and shall, after consulta- Sec. 402. Review by Inspectors General. vate collection contractor shall not be pre- tion with the heads of executive agencies, Sec. 403. Requirement to seek seizure and cluded from verifying the current place of submit to Congress a report describing such forfeiture of assets securing employment of the debtor, the location of plan and the means by which such agency high value nontax debt. the payroll office of the debtor’s current em- heads plan to ensure that employees use TITLE V—FEDERAL PAYMENTS ployer, the period the debtor has been em- travel management centers, travel agents, ployed by the current employer of the debt- Sec. 501. Transfer of responsibility to Sec- and electronic reservation and payment sys- or, and the compensation received by the retary of the Treasury with re- tems as required by this subsection. debtor from the current employer of the spect to prompt payment. (B) The Administrator shall submit the debtor. Sec. 502. Promoting electronic payments. plan required under subparagraph (A) not ‘‘(i) In evaluating the performance of a Sec. 503. Debt services account. later than March 31, 2000. TITLE VI—FEDERAL PROPERTY contractor under any contract for the per- (c) PAYMENT OF STATE AND LOCAL TAXES ON formance of debt collection services entered Sec. 601. Amendment to Federal Property TRAVEL EXPENSES.— into by an executive, judicial, or legislative and Administrative Services (1) IN GENERAL.—The Administrator of agency, the head of the agency shall consider Act of 1949. General Services shall develop a mechanism the contractor’s gross collections net of com- SEC. 2. PURPOSES. to ensure that employees of executive agen- missions (as a percentage of account The purposes of this Act are the following: cies are not inappropriately charged State amounts placed with the contractor) under (1) To reduce waste, fraud, and error in and local taxes on travel expenses, including the contract. The existence and frequency of Federal benefit programs. transportation, lodging, automobile rental, valid debtor complaints shall also be consid- (2) To focus Federal agency management and other miscellaneous travel expenses. ered in the evaluation criteria. attention on high-risk programs. (2) REPORT.—Not later than March 31, 2000, ‘‘(j) In selecting contractors for perform- (3) To better collect debts owed to the the Administrator shall, after consultation ance of collection services, the head of an ex- United States. with the heads of executive agencies, submit ecutive, judicial, or legislative agency shall (4) To improve Federal payment systems. to Congress a report describing the steps evaluate bids received through a method- (5) To improve reporting on Government taken, and proposed to be taken, to carry out ology that considers the bidder’s prior per- operations. this subsection. formance in terms of net amounts collected August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6781 under government collection contracts of ‘‘(B) Any Federal permit or Federal license (1) by redesignating subparagraphs (A) similar size, if applicable. The existence and required by law. through (H) as clauses (i) through (viii); frequency of valid debtor complaints shall ‘‘(b) The Secretary of the Treasury may ex- (2) by inserting ‘‘(A)’’ after ‘‘(9)’’; also be considered in the evaluation cri- empt any class of claims from the applica- (3) in subparagraph (A) (as designated by teria.’’. tion of subsection (a) at the request of an ex- paragraph (2) of this subsection) in the mat- (3) CONSTRUCTION.—None of the amend- ecutive, judicial, or legislative agency. ter preceding clause (i) (as designated by ments made by this subsection shall be con- ‘‘(c)(1) The head of any executive, judicial, paragraph (1) of this subsection), by insert- strued as altering or superseding the provi- or legislative agency may waive the applica- ing ‘‘and subject to subparagraph (B)’’ after sions of title 11, United States Code, or sec- tion of subsection (a) to any Federal benefit ‘‘as applicable’’; and tion 6103 of the Internal Revenue Code of that is administered by the agency based on (4) by adding at the end the following: 1986. standards promulgated by the Secretary of ‘‘(B)(i) The head of an executive, judicial, (e) CLERICAL AMENDMENT.—Section the Treasury. or legislative agency may not discharge a 3720A(h) of title 31, United States Code, is ‘‘(2) The head of an executive, judicial, or nontax debt or terminate collection action amended— legislative agency may delegate the waiver on a nontax debt unless the debt has been re- (1) beginning in paragraph (3), by striking authority under paragraph (1) to the chief fi- ferred to a private collection contractor or a the close quotation marks and all that fol- nancial officer or, in the case of any Federal debt collection center, referred to the Attor- lows through the matter preceding sub- performance-based organization, the chief ney General for litigation, sold without re- section (i); and operating officer of the agency. course, administrative wage garnishment (2) by adding at the end the following: ‘‘(3) The chief financial officer or chief op- has been undertaken, or in the event of ‘‘For purposes of this subsection, the dis- erating officer of an agency to whom waiver bankruptcy, death, or disability. bursing official for the Department of the authority is delegated under paragraph (2) ‘‘(ii) The head of an executive, judicial, or Treasury is the Secretary of the Treasury or may redelegate that authority only to the legislative agency may waive the application his or her designee.’’. deputy chief financial officer or deputy chief of clause (i) to any nontax debt, or class of (f) CORRECTION OF REFERENCES TO FEDERAL operating officer of the agency. Such deputy nontax debts if the head of the agency deter- AGENCY.—Sections 3716(c)(6) and 3720A(a), chief financial officer or deputy chief oper- mines that the waiver is in the best interest (b), (c), and (e) of title 31, United States ating officer may not redelegate such au- of the United States. Code, are each amended by striking ‘‘Federal thority. ‘‘(iii) As used in this subparagraph, the agency’’ each place it appears and inserting ‘‘(d) As used in this section, the term term ‘nontax debt’ means any debt other ‘‘executive, judicial, or legislative agency’’. ‘nontax debt’ means any debt other than a than a debt under the Internal Revenue Code of 1986 or the Tariff Act of 1930.’’. (g) INAPPLICABILITY OF ACT TO CERTAIN debt under the Internal Revenue Code of 1986 AGENCIES.—Notwithstanding any other pro- or the Tariff Act of 1930.’’. TITLE III—SALE OF NONTAX DEBTS OWED vision of law, no provision in this Act, the (b) CLERICAL AMENDMENT.—The table of TO UNITED STATES Debt Collection Improvement Act of 1996 sections at the beginning of chapter 37 of SEC. 301. AUTHORITY TO SELL NONTAX DEBTS. (chapter 10 of title III of Public Law 104–134; title 31, United States Code, is amended by (a) PURPOSE.—The purpose of this section 31 U.S.C. 3701 note), chapter 37 or subchapter striking the item relating to section 3720B is to provide that the head of each executive, II of chapter 33 of title 31, United States and inserting the following: judicial, or legislative agency shall establish Code, or any amendments made by such Acts ‘‘3720B. Barring delinquent Federal debtors a program of nontax debt sales in order to— or any regulations issued thereunder, shall from obtaining Federal bene- (1) minimize the loan and nontax debt apply to activities carried out pursuant to a fits.’’. portfolios of the agency; law enacted to protect, operate, and admin- (2) improve credit management while serv- (c) CONSTRUCTION.—The amendment made ing public needs; ister any deposit insurance funds, including by this section shall not be construed as al- (3) reduce delinquent nontax debts held by the resolution and liquidation of failed or tering or superseding the provisions of title the agency; failing insured depository institutions. 11, United States Code. (h) CONTRACTS FOR COLLECTION SERVICES.— (4) obtain the maximum value for loan and Section 3718 of title 31, United States Code, SEC. 203. COLLECTION AND COMPROMISE OF nontax debt assets; and NONTAX DEBTS AND CLAIMS. is amended— (5) obtain valid data on the amount of the (a) USE OF PRIVATE COLLECTION CONTRAC- (1) in the first sentence of subsection Federal subsidy inherent in loan programs TORS AND FEDERAL DEBT COLLECTION CEN- (b)(1)(A), by inserting ‘‘, or, if appropriate, conducted pursuant to the Federal Credit TERS.—Paragraph (5) of section 3711(g) of any monetary claim, including any claims Reform Act of 1990 (Public Law 93–344). title 31, United States Code, is amended to for civil fines or penalties, asserted by the (b) SALES AUTHORIZED.—(1) Section 3711 of read as follows: Attorney General’’ before the period; title 31, United States Code, is amended by ‘‘(5)(A) Nontax debts referred or trans- (2) in the third sentence of subsection inserting after subsection (h) the following ferred under this subsection shall be serv- (b)(1)(A)— new subsection: iced, collected, or compromised, or collec- (A) by inserting ‘‘or in connection with ‘‘(i)(1) The head of an executive, judicial, tion action thereon suspended or terminated, other monetary claims’’ after ‘‘collection of or legislative agency may sell, subject to in accordance with otherwise applicable claims of indebtedness’’; section 504(b) of the Federal Credit Reform statutory requirements and authorities. (B) by inserting ‘‘or claim’’ after ‘‘the in- Act of 1990 (2 U.S.C. 661c(b)) and using com- ‘‘(B) The head of each executive agency debtedness’’; and petitive procedures, any nontax debt owed to that operates a debt collection center may (C) by inserting ‘‘or other person’’ after the United States that is administered by enter into an agreement with the Secretary ‘‘the debtor’’; and the agency. of the Treasury to carry out the purposes of ‘‘(2) Costs the agency incurs in selling (3) in subsection (d), by inserting ‘‘or any this subsection. nontax debt pursuant to this subsection may other monetary claim of’’ after ‘‘indebted- ‘‘(C) The Secretary of the Treasury shall— be deducted from the proceeds received from ness owed’’. ‘‘(i) maintain a schedule of private collec- the sale. Such costs include— SEC. 202. BARRING DELINQUENT FEDERAL DEBT- tion contractors and debt collection centers ‘‘(A) the costs of any contract for identi- ORS FROM OBTAINING FEDERAL operated by agencies that are eligible for re- fication, billing, or collection services; BENEFITS. ferral of claims under this subsection; ‘‘(B) the costs of contractors assisting in (a) IN GENERAL.—Section 3720B of title 31, ‘‘(ii) maximize collections of delinquent the sale of nontax debt; United States Code, is amended to read as nontax debts by referring delinquent nontax ‘‘(C) the fees of appraisers, auctioneers, follows: debts to private collection contractors and realty brokers; ‘‘§ 3720B. Barring delinquent Federal debtors promptly; ‘‘(D) the costs of advertising and sur- from obtaining Federal benefits ‘‘(iii) maintain competition between pri- veying; and ‘‘(a)(1) A person shall not be eligible for the vate collection contractors; ‘‘(E) other reasonable costs incurred by the award or renewal of any Federal benefit de- ‘‘(iv) ensure, to the maximum extent prac- agency, as determined by the Director of the scribed in paragraph (2) if the person has an ticable, that a private collection contractor Office of Management and Budget. outstanding nontax debt that is in a delin- to which a nontax debt is referred is respon- ‘‘(3) Sales of nontax debt under this quent status with any executive, judicial, or sible for any administrative costs associated subsection— legislative agency, as determined under with the contract under which the referral is ‘‘(A) shall be for— standards prescribed by the Secretary of the made. ‘‘(i) cash; or Treasury. Such a person may obtain addi- ‘‘(D) As used in this paragraph, the term ‘‘(ii) cash and a residuary equity, joint ven- tional Federal benefits described in para- ‘nontax debt’ means any debt other than a ture, or profit participation, if the head of graph (2) only after such delinquency is re- debt under the Internal Revenue Code of 1986 the agency, in consultation with the Direc- solved in accordance with those standards. or the Tariff Act of 1930.’’. tor of the Office of Management and Budget ‘‘(2) The Federal benefits referred to in (b) LIMITATION ON DISCHARGE BEFORE USE and the Secretary of the Treasury, deter- paragraph (1) are the following: OF PRIVATE COLLECTION CONTRACTOR OR DEBT mines that the proceeds will be greater than ‘‘(A) Financial assistance in the form of a COLLECTION CENTER.—Paragraph (9) of sec- the proceeds from a sale solely for cash; loan (other than a disaster loan) or loan in- tion 3711(g) of title 31, United States Code, is ‘‘(B) shall be without recourse against the surance or guarantee. amended— United States; and H6782 CONGRESSIONAL RECORD — HOUSE August 2, 1999 ‘‘(C) shall transfer to the purchaser all each agency that administers a program that ‘‘(B) no later than 30 days after a proper in- rights of the United States to demand pay- gives rise to a delinquent high value nontax voice for the amount due is received if a spe- ment of the nontax debt, other than with re- debt shall submit a report to Congress that cific payment date is not established by con- spect to a residuary equity, joint venture, or lists each such debt. tract;’’; and profit participation under subparagraph (b) CONTENT.—A report under this section (2) by striking ‘‘and’’ after the semicolon (A)(ii), but shall not transfer to the pur- shall, for each debt listed in the report, in- at the end of paragraph (8), by striking the chaser any rights or defenses uniquely avail- clude the following: period at the end of paragraph (9) and insert- able to the United States. (1) The name of each person liable for the ing ‘‘; and’’, and by adding at the end the fol- ‘‘(3) This subsection is not intended to debt, including, for a person that is a com- lowing: limit existing statutory authority of the pany, cooperative, or partnership, the names ‘‘(10) provide that the Secretary of the head of an executive, judicial, or legislative of the owners and principal officers. Treasury may waive the application of re- agency to sell loans, nontax debts, or other (2) The amounts of principal, interest, and quirements under paragraph (1) to provide assets.’’. penalty comprising the debt. for early payment of vendors in cases where SEC. 302. REQUIREMENT TO SELL CERTAIN (3) The actions the agency has taken to an agency will implement an electronic pay- NONTAX DEBTS. collect the debt, and prevent future losses. ment technology which improves agency Section 3711 of title 31, United States Code, (4) Specification of any portion of the debt cash management and business practice.’’. is amended further by adding at the end the that has been written-down administratively (b) AUTHORITY TO ACCEPT ELECTRONIC PAY- following new subsection: or due to a bankruptcy proceeding. MENT.— ‘‘(j)(1)(A) The head of each executive, judi- (5) An assessment of why the debtor de- (1) IN GENERAL.—Subject to an agreement cial, or legislative agency shall sell any faulted. between the head of an executive agency and nontax loan owed to the United States by (c) DEFINITIONS.—In this title: the applicable financial institution or insti- the later of— (1) AGENCY.—The term ‘‘agency’’ has the tutions based on terms acceptable to the ‘‘(i) the date on which the nontax debt be- meaning that term has in chapter 37 of title Secretary of the Treasury, the head of such comes 24 months delinquent; or 31, United States Code, as amended by this agency may accept an electronic payment, ‘‘(ii) 24 months after referral of the nontax Act. including debit and credit cards, to satisfy a debt to the Secretary of the Treasury pursu- (2) HIGH VALUE NONTAX DEBT.—The term nontax debt owed to the agency. ant to section 3711(g)(1) of title 31, United ‘‘high value nontax debt’’ means a nontax (2) GUIDELINES FOR AGREEMENTS REGARDING States Code. Sales under this subsection debt having an outstanding value (including PAYMENT.—The Secretary of the Treasury shall be conducted under the authority in principal, interest, and penalties) that ex- shall develop guidelines regarding agree- section 301. ceeds $1,000,000. ments between agencies and financial insti- ‘‘(B) The head of an executive, judicial, or SEC. 402. REVIEW BY INSPECTORS GENERAL. tutions under paragraph (1). legislative agency, in consultation with the The Inspector General of each agency shall SEC. 503. DEBT SERVICES ACCOUNT. Director of the Office of Management and review the applicable annual report to Con- (a) TRANSFER OF FUNDS TO DEBT SERVICES Budget and the Secretary of the Treasury, gress required in section 401 and make such ACCOUNT.—The Secretary of the Treasury may exempt from sale delinquent debt or recommendations as necessary to improve may transfer balances in accounts estab- debts under this subsection if the head of the performance of the agency. Each Inspector lished before the date of the enactment of agency determines that the sale is not in the General shall periodically review and report this Act pursuant to section of 3711(g)(7) of best financial interest of the United States. to Congress on the agency’s nontax debt col- title 31, United States Code, to the Debt ‘‘(2) The head of each executive, judicial, lection management practices. As part of Services Account established under sub- or legislative agency shall sell each loan ob- such reviews, the Inspector General shall ex- section (b). All amounts transferred to the ligation arising from a program adminis- amine agency efforts to reduce the aggregate Debt Services Account under this section tered by the agency, not later than 6 months amount of high value nontax debts that are shall remain available until expended. after the loan is disbursed, unless the head of resolved in whole or in part by compromise, (b) ESTABLISHMENT OF DEBT SERVICES AC- the agency determines that the sale would default, or bankruptcy. COUNT.—Subsection (g)(7) of section 3711 of interfere with the mission of the agency ad- SEC. 403. REQUIREMENT TO SEEK SEIZURE AND title 31, United States Code, is amended by ministering the program under which the FORFEITURE OF ASSETS SECURING striking the second sentence and inserting loan was disbursed, or the head of the agen- HIGH VALUE NONTAX DEBT. the following: ‘‘Any fee charged pursuant to cy, in consultation with the Director of the The head of an agency authorized to col- this subsection shall be deposited into an ac- Office of Management and Budget and the lect a high value nontax debt that is delin- count established in the Treasury to be Secretary of the Treasury, determines that a quent shall, when appropriate, promptly known as the ‘Debt Services Account’ (here- longer period is necessary to protect the fi- seek seizure and forfeiture of assets pledged inafter referred to in this section as the ‘Ac- nancial interests of the United States. Sales to the United States in any transaction giv- count’).’’ under this subsection shall be conducted ing rise to the nontax debt. When an agency (c) REIMBURSEMENT OF FUNDS.—Section under the authority in section 301. determines that seizure or forfeiture is not 3711(g) of title 31, United States Code, is ‘‘(3) After terminating collection action, appropriate, the agency shall include a jus- amended— the head of an executive, judicial, or legisla- tification for such determination in the re- (1) by striking paragraph (8); tive agency shall sell, using competitive pro- port under section 401. (2) by redesignating paragraphs (9) and (10) cedures, any nontax debt or class of nontax TITLE V—FEDERAL PAYMENTS as paragraphs (8) and (9), respectively; and debts owed to the United States unless the SEC. 501. TRANSFER OF RESPONSIBILITY TO SEC- (3) by amending paragraph (9) (as redesig- head of the agency, in consultation with the RETARY OF THE TREASURY WITH nated by paragraph (2)) to read as follows: Director of the Office of Management and RESPECT TO PROMPT PAYMENT. ‘‘(9) To carry out the purposes of this sub- Budget and the Secretary of the Treasury, (a) DEFINITION.—Section 3901(a)(3) of title section, including services provided under determines that the sale is not in the best fi- 31, United States Code, is amended by strik- sections 3716 and 3720A, the Secretary of the nancial interests of the United States. Sales ing ‘‘Director of the Office of Management Treasury may— under this paragraph shall be conducted and Budget’’ and inserting ‘‘Secretary of the ‘‘(A) prescribe such rules, regulations, and under the authority of subsection (i). Treasury’’. procedures as the Secretary considers nec- ‘‘(4)(A) The head of an executive, judicial, (b) INTEREST.—Section 3902(c)(3)(D) of title essary; or legislative agency shall not, without the 31, United States Code, is amended by strik- ‘‘(B) transfer such funds from funds appro- approval of the Attorney General, sell any ing ‘‘Director of the Office of Management priated to the Department of the Treasury as nontax debt that is the subject of an allega- and Budget’’ and inserting ‘‘Secretary of the may be necessary to meet liabilities and ob- tion of or investigation for fraud, or that has Treasury’’. ligations incurred prior to the receipt of fees been referred to the Department of Justice (c) REGULATIONS.—Section 3903(a) of title that result from debt collection; and for litigation. 31, United States Code, is amended by strik- ‘‘(C) reimburse any funds from which funds ‘‘(B) The head of an executive, judicial, or ing ‘‘Director of the Office of Management were transferred under subparagraph (B) legislative agency may exempt from sale and Budget’’ and inserting ‘‘Secretary of the from fees collected pursuant to sections 3711, under this subsection any class of nontax Treasury’’. 3716, and 3720A. Any reimbursement under debts or loans if the head of the agency de- SEC. 502. PROMOTING ELECTRONIC PAYMENTS. this subparagraph shall occur during the pe- termines that the sale would interfere with (a) EARLY RELEASE OF ELECTRONIC PAY- riod of availability of the funds transferred the mission of the agency administering the MENTS.—Section 3903(a) of title 31, United under subparagraph (B) and shall be avail- program under which the indebtedness was States Code, is amended— able to the same extent and for the same incurred.’’. (1) by amending paragraph (1) to read as purposes as the funds originally trans- TITLE IV—TREATMENT OF HIGH VALUE follows: ferred.’’. NONTAX DEBTS ‘‘(1) provide that the required payment (d) DEPOSIT OF TAX REFUND OFFSET FEES.— SEC. 401. ANNUAL REPORT ON HIGH VALUE date is— The last sentence of section 3720A(d) of title NONTAX DEBTS. ‘‘(A) the date payment is due under the 31, United States Code, is amended to read as (a) IN GENERAL.—Not later than 90 days contract for the item of property or service follows: ‘‘Amounts paid to the Secretary of after the end of each fiscal year, the head of provided; or the Treasury as fees under this section shall August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6783 be deposited into the Debt Services Account by providing the Federal Government Mr. Speaker, I yield such time as he of the Department of the Treasury described with additional authorities to improve may consume to the gentleman from in section 3711(g)(7) and shall be collected its collection of delinquent non-tax California (Mr. CALVERT). and accounted for in accordance with the debts. The bill would prohibit Federal provisions of that section.’’. b 1530 agencies from writing off delinquent TITLE VI—FEDERAL PROPERTY non-tax debts prior to initiating collec- Mr. CALVERT. Mr. Speaker, I rise to SEC. 601. AMENDMENT OF FEDERAL PROPERTY tion procedures. The bill authorizes the support passage of this bill. H.R. 1442 AND ADMINISTRATIVE SERVICES will amend the Federal Property and ACT OF 1949. offset or withholding of Social Secu- Section 203(p)(1)(B) of the Federal Property rity benefits to recipients who owe Administrative Services Act of 1949 to and Administrative Services Act of 1949 (40 past-due child support to a State. extend authority for transfers to State U.S.C. 484(p)(1)(B)) is amended— Currently, Social Security benefits and local governments of certain prop- (1) by striking clause (ii); can be intercepted to offset a recipi- erty for law enforcement and emer- (2) by striking ‘‘(i)’’; ent’s debt to the Federal Government. gency response purposes. (3) by striking ‘‘(I)’’ and inserting ‘‘(i)’’; This bill would assist States in their I introduced H.R. 1442, the Law En- and forcement Public Safety Enhancement (4) by striking ‘‘(II)’’ and inserting ‘‘(ii)’’. efforts to collect the billions of dollars in unpaid child support, billions of dol- Act of 1999, to permanently extend the The SPEAKER pro tempore. Pursu- pilot program that has become an im- ant to the rule, the gentleman from lars in unpaid child support. According to the Congressional Budget Office, portant tool for local law enforcement California (Mr. HORN) and the gen- and public safety officials. Without the this added offset authority would re- tleman from Texas (Mr. TURNER) each help, leadership and support of the gen- cover $17 million each year in past-due will control 20 minutes. tleman from California (Mr. HORN), my child support. To help eliminate waste, The Chair recognizes the gentleman good friend from Long Beach, Cali- fraud, and error in Federal benefit and from California (Mr. HORN). fornia, chairman of the Subcommittee credit programs, H.R. 1442, as amended, Mr. HORN. Mr. Speaker, I yield my- on Government Management, Informa- would authorize Federal agencies to self such time as I may consume. tion and Technology, this legislation bar delinquent debtors from obtaining H.R. 1442 the Law Enforcement and would never have come to the House a Federal permit, license or from re- Public Enhancement Act of 1999 is a floor. I owe a debt of gratitude to him ceiving financial assistance in the form bill introduced by my colleague from for helping to find the offsets necessary California (Mr. CALVERT). The amend- of a loan or loan guarantee until the for this bill to conform to budgetary ment I am offering aims to accomplish debt is repaid. constraints. two goals. First, it would improve the The bill also focuses attention on I would also like to thank the chair- efficiency and economy of Federal debt large debts. It would require agencies man of the Committee on Government collection practices, Federal credit to report annually to Congress on their Reform as well as the ranking members management and Federal travel prac- high value delinquent debts of $1 mil- of the full committee and sub- tices. lion or more. H.R. 1442, as amended, committee for their efforts. Second, the bill would also eliminate promotes the sale of new and delin- As we all know, one of the keys to a December 31, 1999, sunset date for a quent loans by Federal agencies. Loan crime prevention is a well-trained local provision in the Federal Property and sale programs would benefit the Fed- police force and public safety officials. Administrative Services Act that au- eral Government in a number of ways. My bill will strengthen law enforce- thorizes the transfer of surplus Federal Loans that are sold in a competitive ment and emergency management real property at no cost to the State market could yield substantial pro- training, while saving these organiza- and local governments for law enforce- ceeds, reduce administrative costs, and tions thousands, sometimes millions, ment and emergency response pur- allow agencies to focus their limited of dollars. poses. resources on other programs. An agen- When the Federal Government de- In a moment I will yield to the gen- cy with guidance from the Office of clares real property as a surplus, var- tleman from California (Mr. CALVERT) Management and Budget could exempt ious local entities may apply for the to explain the portion of the bill that any class of debt from the sale provi- property on a no-cost basis if they use would amend the Federal Property and sions of this bill if it were determined the property for some valid social pur- Administrative Services Act of 1949. that the sale would interfere with pose. To obtain the excess Federal First, however, let me say that the bill agencies, programs or mission. property, the local entity must apply before us contains a number of provi- For example, certain performing to a Federal agency to sponsor the no- sions that are designed to improve Fed- loans requiring specialized services cost transfer. My bill would perma- eral debt collection, credit manage- provided by the Federal departments nently extend this 2-year-old authority ment and travel management. As the and agencies could be exempt from the to allow local agencies the ability to Subcommittee on Government Man- sales provision of this bill by the agen- apply for surplus property at no cost agement, Information and Technology cy head in consultation with the direc- for the purpose of law enforcement and learned at its June 15, 1999, hearing on tor of the Office of Management and emergency response training. Federal debt collection, at the end of Budget provided that the sale would Due to the efforts of the Riverside, fiscal year 1998 the Federal Govern- interfere with the mission of an agency California, Sheriff’s Department to cre- ment was owed more than $60 billion in and be not in the financial interests of ate a comprehensive multijuris- delinquent, non-tax debt such as stu- the United States. dictional training center, the need for dent loans and housing loans. The bill, as amended, also includes this legislation became clear. In 1997, More than $49 billion of this $60 bil- provisions to improve Federal em- Congress passed legislation to create a lion in delinquent non-tax debts was ployee travel management. The admin- 2-year pilot program to allow the De- delinquent for more than 180 days. To istrator of General Services would be partment of Justice and the Federal facilitate collection of this enormous required to develop a mechanism to en- Emergency Management Agency to amount of non-tax debt, Congress sure that employees of executive sponsor local law enforcement and passed and the President signed into branch agencies are not charged State emergency management response enti- law the Debt Collection Improvement and local taxes on travel expenses re- ties for a no cost transfer. The results Act of 1996. This bipartisan legislation lating to official business. H.R. 1442 of this 2-year program are startling. in which the gentlewoman from New also includes a provision that would re- Twenty-one separate local agencies in York (Mrs. MALONEY) was the ranking move a December 31, 1999, sunset provi- 11 States applied for this program. member and joined me in authoring sion in the Federal Property and Ad- Their applications are in various stages this legislation, this bipartisan legisla- ministrative Services Act of 1949. It of the process. Without this legislation, tion established significant new debt would make permanent the authority these projects will be stopped in their collection authorities and enhanced ex- for State and local governments to ac- tracks. isting ones. quire surplus Federal property for law I would like to encourage all of my H.R. 1442, as amended, builds upon enforcement and emergency response colleagues to support this pro-law en- the Debt Collection Improvement Act purposes. forcement legislation and give back to H6784 CONGRESSIONAL RECORD — HOUSE August 2, 1999 the men and women that battle on our 1997 to $2.5 billion in fiscal year 1999, working closely with the administra- streets every day. after the Debt Collection Improvement tion. Mr. TURNER. Mr. Speaker, I yield Act enhanced the Treasury’s offset au- Mr. CRAMER. Mr. Speaker, I rise today in myself such time as I may consume. thority. support of H.R. 1442, the Law Enforcement Mr. Speaker, the Federal Property Clearly there has been improvement and Public Safety Enhancement Act of 1999. Act currently allows surplus Federal in the government collection efforts. I am a co-sponsor of this legislation which property to be transferred to state and There are, however, many challenges makes permanent the General Services Ad- local governments at a discount off the that remain. According to the Depart- ministration authority to transfer federal sur- fair market value. Public benefit dis- ment of Treasury, the Federal Govern- plus lands at no cost to state and local gov- counts are available under current law ment is owed approximately $50 billion for public health or educational uses, in delinquent, non-taxed debt. Of this ernments for the purpose of law enforcement public parks or recreational areas, his- amount, $47 billion has been delinquent and emergency response services. toric monuments, correctional institu- for more than 180 days. In addition, the H.R. 1442 will have a direct and immediate tions, port facilities, public airports Federal Government writes off about impact on my Congressional District as well as and wildlife conservation. $10 billion in delinquent debts every a number of other districts throughout the In 1997, this Congress overwhelm- year. country. Currently, thirteen sites across the ingly passed a bill that made Federal H.R. 1442 focuses management atten- nation, one of which is in my District, are uti- surplus property available to State and tion on high-risk programs and builds lizing a temporary authorization allowing the local authorities for law enforcement upon prior initiatives to improve Fed- Department of Justice (DOJ) to transfer ex- and emergency response purposes for a eral debt collection practices by pro- cess federal property to local government enti- 2-year trial period. With the sunset viding Federal agencies with the addi- ties for law enforcement and public safety pur- date fast approaching in December of tional tools they need to improve Fed- poses. this year, H.R. 1442, which was intro- eral debt collection. It is almost iden- This temporary authority, which expires De- duced through the good work of the tical to H.R. 4857, a bill that passed the cember 31, 1999, allows local law enforce- gentleman from California (Mr. CAL- House of Representatives with over- ment, fire services, and emergency manage- VERT), we will extend that worthwhile whelming bipartisan support under sus- ment agencies the opportunity to receive fed- provision and make it permanent. pension of the rules in the 105th Con- eral surplus property through a ``no-cost'' Mr. Speaker, this bill would allow gress. We passed these provisions by a transfer. This legislation aims to make perma- the Department of Justice and FEMA vote of 419 to 1 earlier this year. nent this temporary authority. to sponsor the use of excess Federal I would like to commend the gen- property for law enforcement and fire tleman from California (Chairman In my Congressional District, the Fifth Dis- fighting and rescue training purposes. I HORN), who has done an outstanding trict of Alabama, the City of Huntsville has ap- expect this bill will move quickly job in leading to improve the Federal plied for the transfer of a Naval Reserve Cen- through the legislative process and be- debt collection practices through his ter to the City for use as a public safety train- come law. Only last week the Senate diligent legislative oversight activi- ing facility for our police officers, firefighters, successfully included a similar provi- ties. The gentleman has worked to as- and rescue personnel. This facility will allow sion in the Commerce-Justice-State sure that the taxpayers get every dol- Huntsville to provide excellent training to the appropriations bill for fiscal year 2000. lar they are entitled to and no more. men and women who safeguard our citizens. There are currently at least 22 juris- I also want to mention and commend Currently, Huntsville's application is under re- dictions around the country who have the leadership of the gentlewoman view. Many projects that are currently under- submitted applications to acquire sur- from New York (Mrs. MALONEY), who way or those pending applications for land plus Federal property for these pur- has continued her partnership with the transfersÐlike the one in my districtÐwill be poses, and at least three of them have gentleman from California (Chairman severely impacted by the quickly approaching successfully acquired their property. HORN) since the time she served in the sunset date of December 31, 1999. This legis- We must not deny the remaining 19 the position of ranking member of this sub- lation will permanently allow the Department of opportunity to complete their applica- committee. Justice (DOJ) and the Federal Emergency tion process and to secure the property Mr. Speaker, I have no further re- Management Agency (FEMA) to sponsor the that they need to make their commu- quests for time, and I yield back the use of excess federal property for law enforce- nities safer. balance of my time. ment, public safety, and emergency manage- Law enforcement and fire rescue Mr. HORN. Mr. Speaker, I yield my- ment purposes. services provide vital services for State self such time as I may consume. I would like to once again express my and local governments, and it is crit- Mr. Speaker, I just want to thank the strong support for this legislation. We in Con- ical that we allow them to acquire this gentleman from Texas (Mr. TURNER), gress can and should do everything in our Federal surplus property at a discount. the ranking member. He had an excel- power to assist law enforcement officers, fire- This legislation benefits police offi- lent series of questions this morning of fighters, and emergency management per- cers, fire fighters, and other emergency the Commissioner of Internal Revenue sonnel in their efforts to improve public safety response officials across the country, and the General Accounting Officer. on our streets, in our schools, and in our and I commend the gentleman from The gentleman is deeply committed to neighborhoods. California (Mr. CALVERT) for his hard an effective and efficient government, work on this particular provision. and especially to getting at the non- Mr. HORN. Mr. Speaker, I yield back In addition, H.R. 1442, as amended, is tax debt. the balance of my time. designed to address problems with Fed- Mr. Speaker, I urge my colleagues to The SPEAKER pro tempore. The eral debt collection and Federal credit support this legislation. H.R. 1442, as question is on the motion offered by management. In 1996 Congress passed amended, contains provisions designed the gentleman from California (Mr. the Debt Collection Improvement Act, to improve the efficiency and effective- HORN) that the House suspend the rules which was designed to centralize man- ness of Federal debt collection and and pass the bill, H.R. 1442, as amend- agement of Federal debt collection at credit management. It would also as- ed. the Department of Treasury and to en- sist State and local governments in hance cooperation of Federal agencies their efforts to acquire much needed The question was taken; and (two- in the collection of delinquent debt. surplus property for law enforcement thirds having voted in favor thereof) Within the past 2 years, the Federal and emergency response. This legisla- the rules were suspended and the bill, Government centralized debt collection tion has broad bipartisan support, as as amended, was passed. activities at the Financial Manage- was evident on the floor. The provi- The title of the bill was amended so ment Service have begun to work more sions are the result of a bipartisan ef- as to read: ‘‘To reduce waste, fraud, efficiently. In fact, collections have fort between majority and minority on and error in Government programs by grown from $1.7 million in fiscal year the Committee on Government Reform, making improvements with respect to August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6785 Federal management and debt collec- SEC. 3. POLICY OF THE UNITED STATES. ‘‘(3) assisting in the reconstruction of resi- tion practices, Federal payment sys- It shall be the policy of the United States dential and economic infrastructure de- tems, Federal benefit programs, and for in the countries of the South Caucasus and stroyed by war. ‘‘(d) POLICY.—It is the sense of the Con- other purposes.’’. Central Asia— (1) to promote and strengthen independ- gress that the United States should, where A motion to reconsider was laid on ence, sovereignty, democratic government, appropriate, support the establishment of the table. and respect for human rights; neutral, multinational peacekeeping forces f (2) to promote tolerance, pluralism, and to implement peace agreements reached be- understanding and counter racism and anti- tween belligerents in the countries of the GENERAL LEAVE Semitism; South Caucasus and Central Asia. Mr. HORN. Mr. Speaker, I ask unani- (3) to assist actively in the resolution of ‘‘SEC. 499A. ECONOMIC ASSISTANCE. mous consent that all Members may regional conflicts and to facilitate the re- ‘‘(a) PURPOSE OF ASSISTANCE.—The purpose have 5 legislative days within which to moval of impediments to cross-border com- of assistance under this section is to foster revise and extend their remarks on merce; economic growth and development, including (4) to promote friendly relations and eco- the conditions necessary for regional eco- H.R. 1442, as amended. nomic cooperation; nomic cooperation, among the countries of The SPEAKER pro tempore. Is there (5) to help promote market-oriented prin- the South Caucasus and Central Asia. objection to the request of the gen- ciples and practices; ‘‘(b) AUTHORIZATION FOR ASSISTANCE.—To tleman from California? (6) to assist in the development of the in- carry out the purpose of subsection (a), the There was no objection. frastructure necessary for communications, President is authorized to provide assistance f transportation, education, health, and en- for the countries of the South Caucasus and ergy and trade on an East-West axis in order Central Asia to support the activities de- SILK ROAD STRATEGY ACT OF 1999 to build strong international relations and scribed in subsection (c). commerce between those countries and the ‘‘(c) ACTIVITIES SUPPORTED.—In addition to Mr. BEREUTER. Mr. Speaker, I move the activities described in section 498, activi- to suspend the rules and pass the bill stable, democratic, and market-oriented countries of the Euro-Atlantic Community; ties supported by assistance under sub- (H.R. 1152) to amend the Foreign As- and section (b) should support the development sistance Act of 1961 to target assist- (7) to support United States business inter- of the structures and means necessary for ance to support the economic and po- ests and investments in the region. the growth of private sector economies based litical independence of the countries of SEC. 4. UNITED STATES EFFORTS TO RESOLVE upon market principles. ‘‘(d) POLICY.—It is the sense of the Con- South Caucasus and Central Asia, as CONFLICTS IN THE SOUTH CAUCASUS AND CENTRAL ASIA. gress that the United States should— amended. ‘‘(1) assist the countries of the South The Clerk read as follows: It is the sense of the Congress that the President should use all diplomatic means Caucasus and Central Asia to develop poli- H.R. 1152 practicable, including the engagement of cies, laws, and regulations that would facili- Be it enacted by the Senate and House of Rep- senior United States Government officials, tate the ability of those countries to develop resentatives of the United States of America in to press for an equitable, fair, and permanent free market economies and to join the World Congress assembled, resolution to the conflicts in the South Trade Organization to enjoy all the benefits SECTION 1. SHORT TITLE. Caucasus and Central Asia. of membership; and ‘‘(2) consider the establishment of zero-to- This Act may be cited as the ‘‘Silk Road SEC. 5. AMENDMENT TO THE FOREIGN ASSIST- Strategy Act of 1999’’. ANCE ACT OF 1961. zero tariffs between the United States and Part I of the Foreign Assistance Act of 1961 the countries of the South Caucasus and SEC. 2. FINDINGS. Central Asia. Congress makes the following findings: (22 U.S.C. 2151 et seq.) is amended by adding at the end the following new chapter: ‘‘SEC. 499B. DEVELOPMENT OF INFRASTRUC- (1) The ancient Silk Road, once the eco- TURE. nomic lifeline of Central Asia and the South ‘‘CHAPTER 12—SUPPORT FOR THE ECO- ‘‘(a) PURPOSE OF PROGRAMS.—The purposes Caucasus, traversed much of the territory NOMIC AND POLITICAL INDEPENDENCE of programs under this section include— now within the countries of Armenia, Azer- OF THE COUNTRIES OF THE SOUTH ‘‘(1) to develop the physical infrastructure baijan, Georgia, Kazakstan, Kyrgyzstan, CAUCASUS AND CENTRAL ASIA necessary for regional cooperation among Tajikistan, Turkmenistan, and Uzbekistan. ‘‘SEC. 499. UNITED STATES ASSISTANCE TO PRO- the countries of the South Caucasus and (2) Economic interdependence spurred mu- MOTE RECONCILIATION AND RECOV- Central Asia; and tual cooperation among the peoples along ERY FROM REGIONAL CONFLICTS. ‘‘(2) to encourage closer economic relations the Silk Road and restoration of the historic ‘‘(a) PURPOSE OF ASSISTANCE.—The pur- and to facilitate the removal of impediments relationships and economic ties between poses of assistance under this section to cross-border commerce among those coun- those peoples is an important element of en- include— tries and the United States and other devel- suring their sovereignty as well as the suc- ‘‘(1) the creation of the basis for reconcili- oped nations. cess of democratic and market reforms. ation between belligerents in the countries ‘‘(b) AUTHORIZATION FOR PROGRAMS.—To (3) The development of strong political, of the South Caucasus and Central Asia; carry out the purposes of subsection (a), the economic, and security ties among countries ‘‘(2) the promotion of economic develop- following types of programs for the countries of the South Caucasus and Central Asia and ment in areas of the countries of the South of the South Caucasus and Central Asia may the West will foster stability in this region, Caucasus and Central Asia impacted by civil be used to support the activities described in which is vulnerable to political and eco- conflict and war; and subsection (c): nomic pressures from the south, north, and ‘‘(3) the encouragement of broad regional ‘‘(1) Activities by the Export-Import Bank east. cooperation among countries of the South of the United States to complete the review (4) The development of open market econo- Caucasus and Central Asia that have been process for eligibility for financing under the mies and open democratic systems in the destabilized by internal conflicts. Export-Import Bank Act of 1945. countries of the South Caucasus and Central ‘‘(b) AUTHORIZATION FOR ASSISTANCE.— ‘‘(2) The provision of insurance, reinsur- Asia will provide positive incentives for ‘‘(1) IN GENERAL.—To carry out the pur- ance, financing, or other assistance by the international private investment, increased poses of subsection (a), the President is au- Overseas Private Investment Corporation. trade, and other forms of commercial inter- thorized to provide humanitarian assistance ‘‘(3) Assistance under section 661 of this actions with the rest of the world. and economic reconstruction assistance for Act (relating to the Trade and Development (5) Many of the countries of the South the countries of the South Caucasus and Agency). Caucasus have secular Muslim governments Central Asia to support the activities de- ‘‘(c) ACTIVITIES SUPPORTED.—Activities that are seeking closer alliance with the scribed in subsection (c). that may be supported by programs under United States and that have active and cor- ‘‘(2) DEFINITION OF HUMANITARIAN ASSIST- subsection (b) include promoting actively dial diplomatic relations with Israel. ANCE.—In this subsection, the term ‘humani- the participation of United States companies (6) The region of the South Caucasus and tarian assistance’ means assistance to meet and investors in the planning, financing, and Central Asia could produce oil and gas in suf- humanitarian needs, including needs for construction of infrastructure for commu- ficient quantities to reduce the dependence food, medicine, medical supplies and equip- nications, transportation, including air of the United States on energy from the ment, education, and clothing. transportation, and energy and trade, includ- volatile Persian Gulf region. ‘‘(c) ACTIVITIES SUPPORTED.—Activities ing highways, railroads, port facilities, ship- (7) United States foreign policy and inter- that may be supported by assistance under ping, banking, insurance, telecommuni- national assistance should be narrowly tar- subsection (b) include— cations networks, and gas and oil pipelines. geted to support the economic and political ‘‘(1) providing for the humanitarian needs ‘‘(d) POLICY.—It is the sense of the Con- independence as well as democracy building, of victims of the conflicts; gress that the United States representatives free market policies, human rights, and re- ‘‘(2) facilitating the return of refugees and at the International Bank for Reconstruc- gional economic integration of the countries internally displaced persons to their homes; tion and Development, the International Fi- of the South Caucasus and Central Asia. and nance Corporation, and the European Bank H6786 CONGRESSIONAL RECORD — HOUSE August 2, 1999 for Reconstruction and Development should section (b), assistance may not be provided II for assistance for the independent states of encourage lending to the countries of the under this chapter for the government of a the former Soviet Union may be used in ac- South Caucasus and Central Asia to assist country of the South Caucasus or Central cordance with the provisions of this chapter. the development of the physical infrastruc- Asia if the President determines and cer- ‘‘(c) TERMS AND CONDITIONS.—Assistance ture necessary for regional economic co- tifies to the appropriate congressional com- under this chapter shall be provided on such operation. mittees that the government of such terms and conditions as the President may ‘‘SEC. 499C. BORDER CONTROL ASSISTANCE. country— determine. ‘‘(a) PURPOSE OF ASSISTANCE.—The purpose ‘‘(A) is engaged in a consistent pattern of ‘‘(d) AVAILABLE AUTHORITIES.—The author- of assistance under this section includes aid- gross violations of internationally recog- ity in this chapter to provide assistance for ing the countries of the South Caucasus and nized human rights; the countries of the South Caucasus and Central Asia to secure their borders and im- ‘‘(B) has, on or after the date of enactment Central Asia is in addition to the authority plement effective controls necessary to pre- of this chapter, knowingly transferred to, or to provide such assistance under the FREE- vent the trafficking of illegal narcotics and knowingly allowed to be transferred through DOM Support Act (22 U.S.C. 5801 et seq.) or the proliferation of technology and mate- the territory of such country to, another any other Act, and the authorities applicable rials related to weapons of mass destruction country— to the provision of assistance under chapter (as defined in section 2332a(c)(2) of title 18, ‘‘(i) missiles or missile technology incon- 11 may be used to provide assistance under United States Code), and to contain and in- sistent with the guidelines and parameters of this chapter. hibit transnational organized criminal ac- the Missile Technology Control Regime (as ‘‘SEC. 499G. DEFINITIONS. tivities. defined in section 11B(c) of the Export Ad- ‘‘In this chapter: ‘‘(b) AUTHORIZATION FOR ASSISTANCE.—To ministration Act of 1979 (50 U.S.C. App. ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- carry out the purpose of subsection (a), the 2410b(c)); or TEES.—The term ‘appropriate congressional President is authorized to provide assistance ‘‘(ii) any material, equipment, or tech- committees’ means the Committee on For- to the countries of the South Caucasus and nology that would contribute significantly eign Relations of the Senate and the Com- Central Asia to support the activities de- to the ability of such country to manufac- mittee on International Relations of the scribed in subsection (c). ture any weapon of mass destruction (includ- House of Representatives. ‘‘(c) ACTIVITIES SUPPORTED.—Activities ing any nuclear, chemical, or biological ‘‘(2) COUNTRIES OF THE SOUTH CAUCASUS AND that may be supported by assistance under weapon) if the President determines that the CENTRAL ASIA.—The term ‘countries of the subsection (b) include assisting those coun- material, equipment, or technology was to South Caucasus and Central Asia’ means Ar- tries of the South Caucasus and Central Asia be used by such country in the manufacture menia, Azerbaijan, Georgia, Kazakstan, in developing capabilities to maintain na- of such weapons; Kyrgyzstan, Tajikistan, Turkmenistan, and tional border guards, coast guard, and cus- ‘‘(C) has repeatedly provided support for Uzbekistan.’’. toms controls. acts of international terrorism; SEC. 6. ANNUAL REPORT. ‘‘(d) POLICY.—It is the sense of the Con- ‘‘(D) is prohibited from receiving such as- Section 104 of the FREEDOM Support Act gress that the United States should encour- sistance by chapter 10 of the Arms Export (22 U.S.C. 5814) is amended— age and assist the development of regional Control Act or section 306(a)(1) and 307 of the (1) by striking ‘‘and’’ at the end of para- military cooperation among the countries of Chemical and Biological Weapons Control graph (3); the South Caucasus and Central Asia and Warfare Elimination Act of 1991 (22 (2) by striking the period at the end of through programs such as the Central Asian U.S.C. 5604(a)(1), 5605); or paragraph (4) and inserting ‘‘; and’’; and Battalion and the Partnership for Peace of ‘‘(E) has not made significant progress to- (3) by adding the following new paragraph: the North Atlantic Treaty Organization. ward resolving trade disputes registered with ‘‘(5) with respect to the countries of the ‘‘SEC. 499D. STRENGTHENING DEMOCRACY, TOL- and raised by the United States embassy in South Caucasus and Central Asia— ERANCE, AND THE DEVELOPMENT such country. OF CIVIL SOCIETY. ‘‘(A) identifying the progress of United ‘‘(2) CERTIFICATIONS PRIOR TO ELIGIBILITY.— ‘‘(a) PURPOSE OF ASSISTANCE.—The purpose States foreign policy to accomplish the pol- Assistance may not be provided under this of assistance under this section is to pro- icy identified in section 3 of the Silk Road chapter to a country unless the President mote institutions of democratic government Strategy Act of 1999; certifies to the appropriate congressional and to create the conditions for the growth ‘‘(B) evaluating the degree to which the as- committees that elections held in that coun- of pluralistic societies, including religious sistance authorized by chapter 12 of part I of try are free and fair and are free of substan- tolerance and respect for internationally the Foreign Assistance Act of 1961 has been tial criticism by the Organization for Secu- recognized human rights, in the countries of able to accomplish the purposes identified in rity and Cooperation in Europe and other ap- the South Caucasus and Central Asia. that chapter; and propriate international organizations.’’. ‘‘(b) AUTHORIZATION FOR ASSISTANCE.—To ‘‘(C) recommending any additional initia- carry out the purpose of subsection (a), the ‘‘(b) EXCEPTIONS TO INELIGIBILITY.— tives that should be undertaken by the President is authorized to provide the fol- ‘‘(1) EXCEPTIONS.—Assistance prohibited by United States to implement the policy and lowing types of assistance to the countries of subsection (a) or any similar provision of purposes contained in the Silk Road Strat- the South Caucasus and Central Asia: law, other than assistance prohibited by the egy Act of 1999.’’. ‘‘(1) Assistance for democracy building, in- provisions referred to in subparagraphs (B) SEC. 7. UNITED STATES-ISRAEL ECONOMIC DE- cluding programs to strengthen parliamen- and (D) of subsection (a)(1), may be furnished VELOPMENT COOPERATION IN THE tary institutions and practices. under any of the following circumstances: SOUTH CAUCASUS AND CENTRAL ASIA. ‘‘(2) Assistance for the development of non- ‘‘(A) The President determines that fur- It is the sense of the Congress that the governmental organizations. nishing such assistance is important to the United States should continue to provide as- ‘‘(3) Assistance for development of inde- national interest of the United States. sistance to the Centre for International Co- pendent media. ‘‘(B) The President determines that fur- operation (MASHAV) of the Ministry of For- ‘‘(4) Assistance for the development of the nishing such assistance will foster respect eign Affairs of Israel under the Cooperative rule of law, a strong independent judiciary, for internationally recognized human rights Development Program/Central Asian Repub- and transparency in political practice and and the rule of law or the development of in- lics (CDP/CAR) program of the United States commercial transactions. stitutions of democratic governance. Agency for International Development, for ‘‘(5) International exchanges and advanced ‘‘(C) The assistance is furnished for the al- economic development activities in agri- professional training programs in skill areas leviation of suffering resulting from a nat- culture, health, and other relevant sectors, central to the development of civil society. ural or man-made disaster. that are consistent with the priorities of the ‘‘(6) Assistance to promote increased ad- ‘‘(D) The assistance is provided under the Agency for International Development in the herence to civil and political rights under secondary school exchange program adminis- countries of the South Caucasus and Central section 116(e) of this Act. tered by the United States Information ‘‘(c) ACTIVITIES SUPPORTED.—Activities Agency. Asia. that may be supported by assistance under ‘‘(2) REPORT TO CONGRESS.—The President SEC. 8. CONFORMING AMENDMENTS. subsection (b) include activities that are de- shall immediately report to Congress any de- Section 102(a) of the FREEDOM Support signed to advance progress toward the devel- termination under paragraph (1) (A) or (B) or Act (Public Law 102–511) is amended in para- opment of democracy. any decision to provide assistance under graphs (2) and (4) by striking each place it ‘‘(d) POLICY.—It is the sense of the Con- paragraph (1)(C). appears ‘‘this Act)’’ and inserting ‘‘this Act gress that the Voice of America and RFE/RL, ‘‘SEC. 499F. ADMINISTRATIVE AUTHORITIES. and the Silk Road Strategy Act of 1999)’’. Incorporated, should maintain high quality ‘‘(a) ASSISTANCE THROUGH GOVERNMENTS SEC. 9. DEFINITIONS. broadcasting for the maximum duration pos- AND NONGOVERNMENTAL ORGANIZATIONS.—As- In this Act: sible in the native languages of the countries sistance under this chapter may be provided (1) APPROPRIATE CONGRESSIONAL COMMIT- of the South Caucasus and Central Asia. to governments or through nongovernmental TEES.—The term ‘‘appropriate congressional ‘‘SEC. 499E. INELIGIBILITY FOR ASSISTANCE. organizations. committees’’ means the Committee on For- ‘‘(a) IN GENERAL.— ‘‘(b) USE OF ECONOMIC SUPPORT FUNDS.— eign Relations of the Senate and the Com- ‘‘(1) BASES FOR EXCLUSION.—Subject to Except as otherwise provided, any funds that mittee on International Relations of the paragraph (2), and except as provided in sub- have been allocated under chapter 4 of part House of Representatives. August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6787 (2) COUNTRIES OF THE SOUTH CAUCASUS AND and the Central Asian states are stra- publics and, indeed, moved the Free- CENTRAL ASIA.—The term ‘‘countries of the tegically located at the geographic dom Support Act for just this purpose. South Caucasus and Central Asia’’ means Ar- nexus of Russia, China, Iran, Afghani- b 1545 menia, Azerbaijan, Georgia, Kazakstan, stan and Turkey. At least six are sec- Kyrgyzstan, Tajikistan, Turkmenistan, and This body can and must continue leg- Uzbekistan. ular Islamic states that largely have rejected the expansion of Islamic fun- islative initiatives in this area. This The SPEAKER pro tempore. Pursu- damentalism. They are a front-line Member’s proposed legislation, H.R. ant to the rule, the gentleman from force in U.S. efforts to contain the 1152, the Silk Road Strategy Act of Nebraska (Mr. BEREUTER) and the gen- spread of terrorism, the proliferation of 1999, is an essential tool in building to- tleman from Pennsylvania (Mr. sensitive weapons and technologies and ward U.S. goals in the region. Broadly, HOEFFEL) each will control 20 minutes. drug trafficking. Rich in natural re- this bill targets U.S. assistance to sup- The Chair recognizes the gentleman sources, these nations are a proven port the economic and political inde- from Nebraska (Mr. BEREUTER). storehouse of energy with vast crude pendence and cross-border cooperation GENERAL LEAVE oil and natural gas reserves. of the Caucasus and Central Asian Mr. BEREUTER. Mr. Speaker, I ask Second, given the region’s clear im- states. This puts the U.S. squarely be- unanimous consent that all Members portance, it is time for the United hind efforts to, first, build democracy may have 5 legislative days within States to become more energetically and cross-border cooperation as well as which to revise and extend their re- and effectively engaged in the region, resolve regional conflicts; second, to marks on H.R. 1152, as amended. for this area is at an historic cross- build market-oriented economies and The SPEAKER pro tempore. Is there roads, poised between merging into or legal systems as well as the infrastruc- objection to the request of the gen- retreating from the free world order. It ture to facilitate strong East-West tleman from Nebraska? is undergoing an uncertain and turbu- commerce and other relations; and, There was no objection. lent economic, political and cultural third, to promote U.S. business inter- Mr. BEREUTER. Mr. Speaker, I yield transformation. ests and investments in the region. myself such time as I may consume. H.R. 1152 seeks to invigorate and pro- Sustained, affordable engagement (Mr. BEREUTER asked and was vide direction to U.S. policy in the that matches U.S. ambitions with re- given permission to revise and extend Caucasus region and the Central Asian sources is indispensable to the Caspian his remarks.) Republics. region’s evolution in a manner compat- Mr. BEREUTER. Mr. Speaker, as the First, it outlines what our foreign ible with the Free World order and in- Vice Chairman of the Committee on policy and foreign aid priorities should terests. H.R. 1152 is an essential tool in International Relations and the origi- be. helping to ensure that the region’s po- nal sponsor of H.R. 1152, this Member Second, it delineates potential re- litical and economic options are clear rises in strong support of the Silk Road wards for continued cooperation with and expansive, and that the far-reach- Strategy Act of 1999. In introducing the United States, as well as actions ing changes under way in the nations this important legislation, this Mem- that would result in the termination of there will turn out to be desirable ones. ber was joined by the distinguished U.S. assistance. Mr. Speaker, this Member urges his ranking Democrat on the Sub- Third, it does not authorize new colleagues to vote in favor of H.R. 1152, committee on Asia and the Pacific, the money. Instead, it redirects funding al- the Silk Road Strategy Act of 1999. gentleman from California (Mr. LAN- ready provided to the countries of the Mr. Speaker, I reserve the balance of TOS), the distinguished gentleman from former Soviet Union. my time. New York (Mr. ACKERMAN), the distin- Fourth, it does not address the dif- Mr. HOEFFEL. Mr. Speaker, I yield guished gentleman from California ficult question of section 907 of the myself such time as I may consume. (Mr. BERMAN) and many other col- Foreign Assistance Act, the prohibi- Mr. Speaker, I rise in strong support leagues in the House who were inter- tion of assistance to Azerbaijan. of H.R. 1152, the Silk Road Strategy ested in and concerned about improv- Frankly, where the votes are on this Act. I would like to start by com- ing U.S. relations with the countries in issue is well-known, and elements of mending the distinguished gentleman this vital region of the world. this legislation are too important to from Nebraska (Mr. BEREUTER) for his Mr. Speaker, with the disintegration subordinate to a Section 907 debate. leadership on this bill. He is the prime of the Soviet Union in 1991, Russia be- The states of this region are looking sponsor. He is the distinguished chair came the focus of U.S. attention and to the outside for political and eco- of the Subcommittee on Asia and the heir to the vast Soviet arsenal. Russia nomic support, to Russia and Iran and Pacific, and has provided great leader- also retained the Soviet permanent Turkey potentially, to China and Paki- ship on this. seat on the UN Security Council and stan, and even to Afghanistan, as well Mr. Speaker, I also commend as well membership now, of course, in the G–8. as to the United States. They are ac- a bipartisan group of cosponsors from A peaceful post-Soviet era largely de- tively looking to the United States for the committee, including the gen- pended on Washington’s ability to get leadership and guidance on a range of tleman from California (Mr. LANTOS), along with Moscow. It is not surprising international issues and to long-stand- the gentleman from California (Mr. then that U.S. attention, including the ing U.S. friends in the area, such as BERMAN), the gentleman from New Freedom Support Act, was directed Israel and Turkey, for closer relations. York (Mr. ACKERMAN), and the gen- principally at Moscow. At this crucial juncture in their evo- tleman from New York (Mr. KING). We should remember, however, that lution, the support the U.S. does pro- Mr. Speaker, the five countries of 15 countries emerged or reemerged vide can tip the scales of these coun- Central Asia and the three countries of from the collapse of the Soviet Union. tries’ orientation towards or against the South Caucasus are an important A few, the Baltics and Ukraine, gar- the West. We have a unique oppor- part of the newly independent States. nered special attention in the Freedom tunity to influence events there now by This bill recognizes the unique inter- Support Act, or in the SEED Act, adopting a broad-based and proactive ests that the United States has in these which addressed Eastern Europe. But policy of engagement designed to keep countries. the Caucasus and Central Asia region conquerors away from the region, to We have a strategic interest in seeing received scant attention. foster cooperation among the states, that the region does not become a hot- The area includes some 75 million and to unleash and channel the engines bed of armed conflict, terrorism and people in the Nations of Georgia, Ar- of growth, economic, social and demo- drug trafficking, and we have some rea- menia, Azerbaijan, Turkmenistan, cratic growth. son to worry. Many of these countries Uzbekistan, Kazakhstan, Kyrgystan We cannot build toward these goals have difficult neighbors, including and Tajikistan. without the creation and use of effec- Iran, Afghanistan, and China. Mr. Speaker, two points are clear as tive tools. This body has been at the The region is also rife with not only we look at the situation in these eight forefront in encouraging the formation the seeds of ethnic and political con- countries. First, there is much at stake of coherent policies for assisting the flict, but as we have seen in Nagorno- for our national security. The Caucasus Caucasus region and Central Asian re- Karabagh, with actual conflicts that H6788 CONGRESSIONAL RECORD — HOUSE August 2, 1999 have claimed tens of thousands of lives that we all share. If these issues are The bill simply ensures that an added, spe- and have created hundreds of thou- not resolved during the conference, it cific focus on the states of Central Asia and sands of refugees. may jeopardize administration support the Caucasus. We have legitimate and important for the final version of this bill. Mr. Speaker, I support passage of this economic interests in Central Asia and Mr. Speaker, it is my view and our measure, which should serve as a signal of the Caucasus. All eight of these coun- view that this bill is helpful; that it fo- America's interest in the future of the eight tries have a lot to offer in terms of nat- cuses attention on the region, makes a newly independent states in the regions of ural and human resources. There is call for a renewed push on solving re- Central Asia and the Caucasus. great potential for trade and invest- gional conflicts promoting regional in- It should serve as well as a signal to the ment and a positive exchange of people tegration and democratization. I urge peoples of those countries of America's desire and ideas. all of the Members of the House to sup- to ensure that their future will be one of de- We have a great political interest in port this bill, H.R. 1152. mocracy, prosperity, peace and security. Central Asia and the South Caucasus. Mr. Speaker, I reserve the balance of Mr. Speaker, I urge my colleagues to join in These countries are still emerging my time. supporting the passage of this measure. from Soviet rule, and it is in our inter- Mr. BEREUTER. Mr. Speaker, I yield Mr. BEREUTER. Mr. Speaker, I yield est to help them in the difficult transi- myself such time as I may consume. to the distinguished gentleman from tion away from their communist past. Mr. Speaker, I first want to thank California (Mr. RADANOVICH) for the Unfortunately, many of the govern- the distinguished gentleman from purposes of a colloquy. And I would say ments of the region have a long way to Pennsylvania (Mr. HOEFFEL), a first- as we begin this that the gentleman go regarding democratization. It is our term member of the Committee on has been very much interested and con- desire to engage these countries eco- International Relations, who is making cerned about this legislation and sup- nomically and to pursue our strategic a major contribution there, for his portive overall and came to the com- interests, but we must not neglect the kind remarks and for his support. I re- mittee hearings and participated in democratization that must occur there. call well how the gentleman came up those hearings. Mr. Speaker, this dis- We need to keep democratic values and to me after the markup and pointed tinguished gentleman from California human rights at the top of the agenda out something that we mutually is a new member of the committee. Mr. RADANOVICH. Mr. Speaker, I in the bilateral meetings with leaders agreed was a problem, and we have a way outlined to resolve it and I think thank the gentleman from Nebraska of all eight of these countries and need to meet the administration’s satisfac- (Mr. BEREUTER) for his leadership in to reach out further to those within tion. It was one of those things that we bringing this bill to the floor. I share these countries that are working to de- recognized, but at the moment we the gentleman’s vision in promoting velop a civil society, including inde- could not do anything about. Mr. greater regional cooperation, sup- pendent media, the people in the non- Speaker, I want to thank the gen- porting increased economic integra- governmental sector and in private tleman for his perceptiveness in that tion, and facilitating the free flow of business. respect. transportation and communication It is imperative that we make sure Mr. Speaker, at this point I submit among the States of the Caucasus and that democratization becomes and re- for the RECORD a statement in support Central Asia. mains a priority of ours in this region. of the legislation from the gentleman While I support these goals, I along Mr. Speaker, I also welcome the in- from New York (Mr. GILMAN), the with many of my colleagues, remain clusive nature of the bill. We recognize chairman of the committee. concerned that this legislation may, at the fact that these countries are inter- Mr. Speaker, the gentleman indi- a subsequent step in the legislative related, there is economic integration cates, for example, that he believes process, become a vehicle for the weak- that is needed in this region, and that this legislation will serve as a signal to ening or the repeal of Section 907 of the includes all of the countries of this re- the peoples of those countries of Amer- Freedom Support Act. gion. We will not see a full potential ica’s desire to ensure that their future Mr. Speaker, it is my understanding for this region without the full partici- will be one of democracy, prosperity, that this bill is being brought forth pation of all eight countries. peace and security. today with the clear understanding It is our hope that these countries Mr. GILMAN. Mr. Speaker, I rise in support that Section 907 of the Freedom Sup- understand the incentive of coopera- of the bill before us today, H.R. 1152, the ``Silk port Act will remain in place and un- tion and make a renewed effort to solve Road Strategy Act of 1999,'' sponsored by my changed throughout the remaining leg- the conflicts that have stood in the colleagues from Nebraska, Congressman BE- islative process. way of a greater integration. REUTER. Mr. BEREUTER. Mr. Speaker, re- Similarly, because we are endorsing The Subcommittee on the International Re- claiming my time, I will be happy to integration within the region, this lations Committee chaired by Congressman respond to the gentleman’s statement. should not be seen as an endorsement BEREUTERÐthe Subcommittee on Asia and I am pleased that the gentleman has of excluding others outside of the re- the PacificÐhas jurisdiction over the countries joined the Committee on International gion. To tap the resources of South of Central Asia, but the countries of the Relations this year, and as my col- Asia and the Caucasus to settle these Caucasus regionÐalso covered by this billÐ league knows, this Member, the author conflicts, we will need to work with deserve to be a specific focus of our policy of the legislation, has made it a point others outside of the immediate region and assistance in the region of the former So- to ensure that the Silk Road Strategy such as Russia, Ukraine and Turkey, in viet Union as well. Act intentionally did not include any order to have the fullest possible suc- This bill, which relates to all eight countries change in Section 907. Neither the Sen- cess. of Central Asia and the Caucasus, attempts to ate version of the Silk Road legislation Mr. Speaker, I would like to note the ensure the implementation of that specific which was advanced after amendment, administration is already pursuing focus. repeals or otherwise revises Section many of these policy issues called for While it creates a new Chapter 12 of the 907. So there would be no basis in a in this bill. It is also providing the Foreign Assistance Act to provide that focus, conference, with the approval of this kind of assistance authorized by this however, it cites, with regard to those coun- legislation we pass in the House today, bill. tries, the on-going authority of Chapter 11 of for Section 907 to be repealed or al- I must also note that the administra- that ActÐknown as the ``FREEDOM Support tered. Therefore, I think the gentle- tion has expressed strong reservations Act of 1992.'' man’s concerns are fully addressed. about two amendments attached dur- I think that it is very important, given the key Neither the House, by the passage of ing the committee markup. The admin- work done by the office of the State Depart- this legislation, or the Senate legisla- istration is concerned that these provi- ment Coordinator of Assistance created by the tion, after the amendment deleting the sions which condition assistance on 1992 ``FREEDOM Support Act.'' provision of the senior Senator of the certification of free and fair elections Nothing in this measure should or will en- State of Kansas, contains anything ref- and the resolution of business disputes danger that important coordinating function for erencing Section 907. may actually hinder progress on all of the New Independent States of the Mr. RADANOVICH. Mr. Speaker, if achieving those goals which are goals former Soviet Union. the gentleman would continue to yield, August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6789 I thank him for his continued support wise have a strong interest in assuring that oil, Mr. BEREUTER. Mr. Speaker, I urge on this matter. With this assurance, gas, and other natural resources are devel- again support of the legislation, and I my colleagues and I will feel much oped and are available on the world markets yield back the balance of my time. more confident in supporting this bill. through free and fair international trade. The SPEAKER pro tempore. The Mr. BEREUTER. Mr. Speaker, I re- We have a strategic interest in seeing that question is on the motion offered by serve the balance of my time. these areas do not become hotbeds of armed the gentleman from Nebraska (Mr. BE- Mr. PORTER. Mr. Speaker, I rise in support conflict, terrorism or drug trafficking. These REUTER) that the House suspend the of this legislation and commend the gentleman countries are located in a difficult neighbor- rules and pass the bill, H.R. 1152, as from Nebraska for his strategy with this bill hoodÐthe adjacent countries include Iran, Af- amended. and attention to current events in Caucuses ghanistan, and China. In this area are a num- The question was taken; and (two- region. Since 1923, Armenia and Azerbaijan ber of serious ethnic conflicts and unresolved thirds having voted in favor thereof) have been in conflict over Nagorno-Karabagh. political differences which could lead to blood- the rules were suspended and the bill, In the beginning of this year, Armenia and shed and instability. We need only remember, as amended, was passed. Nagorno-Karabagh accepted a compromise Mr. Speaker, that in this region we have al- A motion to reconsider was laid on peace proposal developed by the Organization ready seen serious strife in Nagorno-Karabakh the table. for Security and Cooperation in Europe and Abkhazia, which have resulted in the loss f (OSCE). Azerbaijan rejected it outright. This of tens of thousands of lives and the creation reaction by Azerbaijan was extremely dis- of hundreds of thousands of refugees. CERTIFIED DEVELOPMENT COM- appointing to those involved in the peace Mr. Speaker, H.R. 1152 authorizes and PANY PROGRAM IMPROVEMENTS process. However, at the NATO summit in urges that we provide humanitarian assist- ACT OF 1999 Washington in April and in recent weeks, the ance, as well as help for economic develop- Mrs. KELLY. Mr. Speaker, I move to Presidents of Armenia and Azerbaijan have ment and the development of democratic insti- suspend the rules and pass the bill been discussing other strategies for peace. tutions. These countries are already eligible (H.R. 2614) to amend the Small Busi- This is very promising, and I hold out hope for for other forms of U.S. assistance, but we can ness Investment Act to make improve- a permanent peace in this area. and should be doing more. I would also note, ments to the certified development The most important role that the United Mr. Speaker, that the Administration is cur- company program, and for other pur- States can play at this point is to continue to rently pursuing many of the policy lines that poses. encourage all parties towards a lasting peace. are called for in this bill, and I commend the The Clerk read as follows: Administration for its efforts in this regard. I This includes the continued enforcement of H.R. 2614 Section 907 of the Freedom Support Act. This support this legislation because it helps to focus attention on this important region and Be it enacted by the Senate and House of Rep- provision keeps needed pressure on Azer- resentatives of the United States of America in baijan to come to the negotiating table and urges our government to make a greater effort Congress assembled, to help solve regional conflicts, promote re- works toward a permanent peace settlement. SECTION 1. SHORT TITLE. All Azerbaijan must do to have Section 907 gional economic development, and further the This Act may be cited as the ‘‘Certified De- lifted is to ``take demonstrable steps to cease development of democracy. velopment Company Program Improvements Mr. Speaker, I do want to express my sup- all blockades against Armenia and Nagorno- Act of 1999’’. port for an amendment adopted during the Karabagh.'' Any attempt to repeal or waive SEC. 2. WOMEN-OWNED BUSINESSES. markup of this legislation in the International Section 907 legitimizes Azerbaijan's blockade Section 501(d)(3)(C) of the Small Business Relations Committee. American companies and rewards its rejection of the current OSCE Investment Act (15 U.S.C. 695(d)(3)(C)) is and firms from other OECD nations have compromise plan. Further, such a waiver amended by inserting before the comma ‘‘or made substantial direct investments in ``Silk women-owned business development’’. would seriously jeopardize any chance for Road'' countries, but they are not being ac- peace in the near future. SEC. 3. MAXIMUM DEBENTURE SIZE. corded fair treatment. In some cases invest- Section 502(2) of the Small Business Invest- While I share a commitment to greater re- ment contracts are not being honored, export ment Act of 1958 (15 U.S.C. 696(2)) is amended gional cooperation and economic integration in permits are not being issued, and de facto ra- to read as follows: the Caucasus and Central Asia, I am very tionalizations of foreign investment have taken ‘‘(2) Loans made by the Administration concerned that this legislation could become a place. In several instances, formal complaints under this section shall be limited to vehicle for the weakening or repeal of Section $1,000,000 for each such identifiable small have been lodged by investors through em- 907. I would strongly oppose such action and business concern, except loans meeting the bassies of the United States and other coun- urge the House to retain its position omitting criteria specified in section 501(d)(3), which tries. shall be limited to $1,300,000 for each such any reference to Section 907 in conference In order to discourage this kind of mistreat- and avoid a contentious debate that could un- identifiable small business concern.’’. ment, the International Relations Committee SEC. 4. FEES. dermine the good and important objectives of amended the legislation to include language this legislation. Section 503(f) of the Small Business Invest- conditioning U.S. assistance on the fair treat- ment Act of 1958 (15 U.S.C. 697(f)) is amended Mr. LANTOS. Mr. Speaker, I join my col- ment of foreign investors. Specifically, the to read as follows: leagues in urging the adoption of H.R. 1152, amendment requires recipient governments to ‘‘(f) EFFECTIVE DATE.—The fees authorized the Silk Road Strategy Act of 1999. I want to demonstrate ``significant progress'' in resolving by subsections (b) and (d) shall apply to pay tribute to my distinguished colleague from investment and other trade disputes that have financings approved by the Administration Nebraska (Mr. BEREUTER) for his leadership in been registered with the U.S. Embassy and on or after October 1, 1996, but shall not introducing this legislation. I am pleased to be apply to financings approved by the Admin- raised by the U.S. Embassy with the host gov- istration on or after October 1, 2003.’’. an original cosponsor of this legislation. ernment. The Silk Road Strategy Act deals with a SEC. 5. PREMIER CERTIFIED LENDERS PRO- I cosponsored this amendment in Com- GRAM. number of newly-emerging countries, which mittee and I support its inclusion in the bill, Mr. only recently became independent nationsÐ Section 217(b) of the Small Business Reau- Speaker, because without it the Silk Road thorization and Amendments Act of 1994 (re- the Central Asian republics of Kazakhstan, Strategy Act could lead countries in this region lating to section 508 of the Small Business Kyrgyzstan, Tajikistan, Turkmenistan, and to conclude that they have a green light to re- Investment Act) is repealed. Uzbekistan and the Southern Caucasus re- nege on commitments to foreign investors, SEC. 6. SALE OF CERTAIN DEFAULTED LOANS. publics of Armenia, Azerbaijan, and Georgia. jeopardizing hundreds of millions of dollars of Section 508 of the Small Business Invest- Mr. Speaker, this legislation calls for the foreign investments. The inclusion of this ment Act of 1958 (15 U.S.C. 697e) is amended— United States to give greater attention to the amendment should send a strong signal that (1) in subsection (a), by striking ‘‘On a important countries of Central Asia and the countries cannot expect to receive American pilot program basis, the’’ and inserting Caucasus. We have significant national con- assistance if they mistreat the companies that ‘‘The’’; (2) by redesignating subsections (d) though cerns in this region related to our national se- provide critical investment capital and employ- curity and our international economic interests. (i) as subsections (e) though (j), respectively; ment opportunities for their own citizens. (3) in subsection (f) (as redesignated by These countries were part of the former Soviet Mr. Speaker, I urge my colleagues to sup- paragraph (2)), by striking ‘‘subsection (f)’’ Union, and we have a great interest in fos- port H.R. 1152, the Silk Road Act of 1999. and inserting ‘‘subsection (g)’’; tering democracy, an open market economy, Mr. HOEFFEL. Mr. Speaker, I have (4) in subsection (h) (as redesignated by and respect for human rights there. Many of no requests for time, and I yield back paragraph (2)), by striking ‘‘subsection (f)’’ these countries are resource-rich, and we like- the balance of my time. and inserting ‘‘subsection (g)’’; and H6790 CONGRESSIONAL RECORD — HOUSE August 2, 1999 (5) by inserting after subsection (c) the fol- tions of any company described in subsection denied within the 15-day period required by lowing: (a) to determine if such company is eligible subclause (I), the Administration shall with- ‘‘(d) SALE OF CERTAIN DEFAULTED LOANS.— for the delegation of authority under this in such period provide in accordance with ‘‘(1) NOTICE.—If, upon default in repay- section. If the Administration determines subparagraph (E) notice to the company that ment, the Administration acquires a loan that a company is not eligible, the Adminis- submitted the request. guaranteed under this section and identifies tration shall provide the company with the ‘‘(C) WORKOUT PLAN.— such loan for inclusion in a bulk asset sale of reasons for such ineligibility. ‘‘(i) IN GENERAL.—In carrying out functions defaulted or repurchased loans or other ‘‘(c) SCOPE OF DELEGATED AUTHORITY.— described in paragraph (1)(C), a qualified financings, it shall give prior notice thereof ‘‘(1) IN GENERAL.—Each qualified State or State or local development company shall to any certified development company which local development company to which the Ad- submit to the Administration a proposed has a contingent liability under this section. ministration delegates authority under sec- workout plan. The notice shall be given to the company as tion (a) may with respect to any loan de- ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— soon as possible after the financing is identi- scribed in subsection (a)— ‘‘(I) TIMING.—Not later than 15 business fied, but not less than 90 days before the date ‘‘(A) perform all liquidation and fore- days after a workout plan is received by the the Administration first makes any records closure functions, including the purchase in Administration under clause (i), the Admin- on such financing available for examination accordance with this subsection of any other istration shall approve or reject the plan. by prospective purchasers prior to its offer- indebtedness secured by the property secur- ‘‘(II) NOTICE OF NO DECISION.—With respect ing in a package of loans for bulk sale. ing the loan, in a reasonable and sound man- to any workout plan that cannot be approved ‘‘(2) LIMITATIONS.—The Administration ner according to commercially accepted or denied within the 15-day period required shall not offer any loan described in para- practices, pursuant to a liquidation plan ap- by subclause (I), the Administration shall graph (1) as part of a bulk sale unless it— proved in advance by the Administration within such period provide in accordance ‘‘(A) provides prospective purchasers with under paragraph (2)(A); with subparagraph (E) notice to the company the opportunity to examine the Administra- ‘‘(B) litigate any matter relating to the that submitted the plan. tion’s records with respect to such loan; and performance of the functions described in ‘‘(D) COMPROMISE OF INDEBTEDNESS.—In ‘‘(B) provides the notice required by para- subparagraph (A), except that the Adminis- carrying out functions described in para- graph (1).’’. tration may— graph (1)(A), a qualified State or local devel- SEC. 7. LOAN LIQUIDATION. ‘‘(i) defend or bring any claim if— opment company may— (a) LIQUIDATION AND FORECLOSURE.—Title V ‘‘(I) the outcome of the litigation may ad- ‘‘(i) consider an offer made by an obligor to of the Small Business Investment Act of 1958 versely affect the Administration’s manage- compromise the debt for less than the full (15 U.S.C. 695 et seq.) is amended by adding ment of the loan program established under amount owing; and at the end the following: section 502; or ‘‘(ii) pursuant to such an offer, release any ‘‘SEC. 510. FORECLOSURE AND LIQUIDATION OF ‘‘(II) the Administration is entitled to obligor or other party contingently liable, if LOANS. legal remedies not available to a qualified the company secures the written approval of ‘‘(a) DELEGATION OF AUTHORITY.—In accord- State or local development company and the Administration. ance with this section, the Administration such remedies will benefit either the Admin- ‘‘(E) CONTENTS OF NOTICE OF NO DECISION.— shall delegate to any qualified State or local istration or the qualified State or local de- Any notice provided by the Administration development company (as defined in section velopment company; or under subparagraphs (A)(ii)(II), (B)(ii)(II), or 503(e)) that meets the eligibility require- ‘‘(ii) oversee the conduct of any such liti- (C)(ii)(II)— ments of subsection (b)(1) the authority to gation; and ‘‘(i) shall be in writing; foreclose and liquidate, or to otherwise treat ‘‘(C) take other appropriate actions to ‘‘(ii) shall state the specific reason for the in accordance with this section, defaulted mitigate loan losses in lieu of total liquida- Administration’s inability to act on a plan loans in its portfolio that are funded with tion or foreclosures, including the restruc- or request; the proceeds of debentures guaranteed by the turing of a loan in accordance with prudent ‘‘(iii) shall include an estimate of the addi- Administration under section 503. loan servicing practices and pursuant to a tional time required by the Administration ‘‘(b) ELIGIBILITY FOR DELEGATION.— workout plan approved in advance by the Ad- to act on the plan or request; and ‘‘(1) REQUIREMENTS.—A qualified State or ministration under paragraph (2)(C). ‘‘(iv) if the Administration cannot act be- local development company shall be eligible ‘‘(2) ADMINISTRATION APPROVAL.— cause insufficient information or docu- for a delegation of authority under sub- ‘‘(A) LIQUIDATION PLAN.— mentation was provided by the company sub- section (a) if— ‘‘(i) IN GENERAL.—Before carrying out func- mitting the plan or request, shall specify the ‘‘(A) the company— tions described in paragraph (1)(A), a quali- nature of such additional information or doc- ‘‘(i) has participated in the loan liquida- fied State or local development company umentation. tion pilot program established by the Small shall submit to the Administration a pro- ‘‘(3) CONFLICT OF INTEREST.—In carrying Business Programs Improvement Act of 1996 posed liquidation plan. out functions described in paragraph (1), a (15 U.S.C. 695 note), as in effect on the day ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— qualified State or local development com- before promulgation of final regulations by ‘‘(I) TIMING.—Not later than 15 business pany shall take no action that would result the Administration implementing this sec- days after a liquidation plan is received by in an actual or apparent conflict of interest tion; the Administration under clause (i), the Ad- between the company (or any employee of ‘‘(ii) is participating in the Premier Cer- ministration shall approve or reject the plan. the company) and any third party lender, as- tified Lenders Program under section 508; or ‘‘(II) NOTICE OF NO DECISION.—With respect sociate of a third party lender, or any other ‘‘(iii) during the 3 fiscal years immediately to any plan that cannot be approved or de- person participating in a liquidation, fore- prior to seeking such a delegation, has made nied within the 15-day period required by closure, or loss mitigation action. an average of not less than 10 loans per year subclause (I), the Administration shall with- ‘‘(d) SUSPENSION OR REVOCATION OF AU- that are funded with the proceeds of deben- in such period provide in accordance with THORITY.—The Administration may revoke tures guaranteed under section 503; and subparagraph (E) notice to the company that or suspend a delegation of authority under ‘‘(B) the company— submitted the plan. this section to any qualified State or local ‘‘(i) has 1 or more employees— ‘‘(iii) ROUTINE ACTIONS.—In carrying out development company, if the Administration ‘‘(I) with not less than 2 years of sub- functions described in paragraph (1)(A), a determines that the company— stantive, decision-making experience in ad- qualified State or local development com- ‘‘(1) does not meet the requirements of sub- ministering the liquidation and workout of pany may undertake routine actions not ad- section (b)(1); problem loans secured in a manner substan- dressed in a liquidation plan without obtain- ‘‘(2) has violated any applicable rule or reg- tially similar to loans funded with the pro- ing additional approval from the Adminis- ulation of the Administration or any other ceeds of debentures guaranteed under section tration. applicable law; or 503; and ‘‘(B) PURCHASE OF INDEBTEDNESS.— ‘‘(3) fails to comply with any reporting re- ‘‘(II) who have completed a training pro- ‘‘(i) IN GENERAL.—In carrying out functions quirement that may be established by the gram on loan liquidation developed by the described in paragraph (1)(A), a qualified Administration relating to carrying out of Administration in conjunction with qualified State or local development company shall functions described in paragraph (1). State and local development companies that submit to the Administration a request for ‘‘(e) REPORT.— meet the requirements of this paragraph; or written approval before committing the Ad- ‘‘(1) IN GENERAL.—Based on information ‘‘(ii) submits to the Administration docu- ministration to the purchase of any other in- provided by qualified State and local devel- mentation demonstrating that the company debtedness secured by the property securing opment companies and the Administration, has contracted with a qualified third-party a defaulted loan. the Administration shall annually submit to to perform any liquidation activities and se- ‘‘(ii) ADMINISTRATION ACTION ON REQUEST.— the Committees on Small Business of the cures the approval of the contract by the Ad- ‘‘(I) TIMING.—Not later than 15 business House of Representatives and of the Senate a ministration with respect to the qualifica- days after receiving a request under clause report on the results of delegation of author- tions of the contractor and the terms and (i), the Administration shall approve or deny ity under this section. conditions of liquidation activities. the request. ‘‘(2) CONTENTS.—Each report submitted ‘‘(2) CONFIRMATION.—On request the Ad- ‘‘(II) NOTICE OF NO DECISION.—With respect under paragraph (1) shall include the fol- ministration shall examine the qualifica- to any request that cannot be approved or lowing information: August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6791 ‘‘(A) With respect to each loan foreclosed me briefly describe the provisions of Mr. Speaker, I reserve the balance of or liquidated by a qualified State or local de- H.R. 2614. my time. velopment company under this section, or H.R. 2614, will increase the maximum Ms. VELA´ ZQUEZ. Mr. Speaker, I for which losses were otherwise mitigated by debenture size for Section 504 loans yield myself such time as I may con- the company pursuant to a workout plan from $750,000 to $1 million, and the size sume. under this section— Mr. Speaker, I rise in strong support ‘‘(i) the total cost of the project financed of public policy debenture backed loans with the loan; from $1 million to $1,300,000. It has been of H.R. 2614, legislation that will up- ‘‘(ii) the total original dollar amount guar- 10 years since the committee acted to date and improve the Certified Devel- anteed by the Administration; increase the maximum guarantee opment Company, also known as the ‘‘(iii) the total dollar amount of the loan at amount in the 504 program. To keep 504 program. The proposed changes to the time of liquidation, foreclosure, or miti- pace with inflation, the maximum this program are thoughtful changes gation of loss; guarantee amount should be increased that will help more businesses gain ac- ‘‘(iv) the total dollar losses resulting from to approximately $1.25 million; how- cess to the capital they need. the liquidation, foreclosure, or mitigation of ever, the committee believes that a The 504 program is one of the most loss; and simple increase to $1 million is prob- important small business loan pro- ‘‘(v) the total recoveries resulting from the grams administered by the Small Busi- liquidation, foreclosure, or mitigation of ably sufficient. loss, both as a percentage of the amount This increase is especially needed in ness Administration. It represents ac- guaranteed and the total cost of the project the 504 program because it is primarily cess to capital for countless entre- financed. a real estate-based program and the preneurs who might otherwise not have ‘‘(B) With respect to each qualified State cost of commercial real estate has in- a chance to turn their dreams into re- or local development company to which au- creased markedly in the last several ality. Since 1980, over 25,000 businesses thority is delegated under this section, the years. have received more than $20 billion in totals of each of the amounts described in H.R. 2614 also adds women-owned fixed asset financing through the 504 clauses (i) through (v) of subparagraph (A). businesses to the current list of busi- program. ‘‘(C) With respect to all loans subject to I believe that the proposed changes foreclosure, liquidation, or mitigation under nesses eligible for the larger public pol- this section, the totals of each of the icy loans of up to $1.3 million. This to the 504 program are reasonable and amounts described in clauses (i) through (v) continues our efforts to increase assist- designed to update the program. By in- of subparagraph (A). ance to women-owned businesses. creasing the debenture size, granting the Premier Certified Lenders Program ‘‘(D) A comparison between— b 1600 ‘‘(i) the information provided under sub- permanent status, adding women- paragraph (C) with respect to the 12-month The Committee on Small Business owned businesses to the policy goals, period preceding the date on which the re- recognizes the important role women- and making the loan liquidation pro- port is submitted; and owned businesses play in the economy gram permanent, we will be strength- ‘‘(ii) the same information with respect to and believes this change is needed to ening an already exemplary program. loans foreclosed and liquidated, or otherwise ensure the expansion of this sector of treated, by the Administration during the These steps also continue the commit- our economy. tee’s commitment to improve and up- same period. H.R. 2614 will reauthorize also the ‘‘(E) The number of times that the Admin- date the program by making it more istration has failed to approve or reject a liq- fees currently levied on the borrower, responsive to the needs of lenders and uidation plan in accordance with subpara- the Certified Development Company, small businesses alike. This is a model graph (A)(i), a workout plan in accordance and the participating bank. The 504 program and I strongly support this with subparagraph (C)(i), or to approve or program now operates with a zero sub- legislation. deny a request for purchase of indebtedness sidy rate based on calculations esti- There is a lot of talk today about under subparagraph (B)(i), including specific mating the net present value of a economic development and providing information regarding the reasons for the year’s loans plus fees and recoveries opportunity for all Americans. This Administration’s failure and any delays that from defaulted loans minus losses. resulted.’’. comes from a realization that, despite The fees in the 504 program cover all the recent economic growth, many of (b) REGULATIONS.— these costs, resulting in a program (1) IN GENERAL.—Not later than 150 days our communities lag behind. There are after the date of enactment of this Act, the that operates at no cost to the tax- still too many neighborhoods that are Administrator shall issue such regulations payer. The fees sunset on October 1, not enjoying the economic growth felt as may be necessary to carry out section 510 2000 and H.R. 2614 will continue them by many in our communities. We need of the Small Business Investment Act of through October 1, 2003. to not only provide jobs, but jobs with 1958, as added by subsection (a) of this sec- Additionally, 2614 will grant perma- a living wage, so that families can pull tion. nent status to the Preferred Certified themselves out of poverty. Small busi- (2) TERMINATION OF PILOT PROGRAM.—Be- Lender Program before it sunsets at nesses represent the engine of our ginning on the date which the final regula- the end of fiscal year 2000. This pro- economy and they have the ability to tions are issued under paragraph (1), section gram enables experienced CDCs to use 204 of the Small Business Programs Improve- provide these jobs. ment Act of 1996 (15 U.S.C. 695 note) shall streamlined procedures for loan mak- I have seen firsthand what effect the cease to have effect. ing and liquidation, resulting in im- 504 program can have on a community. proved service to the small business Recently I visited Les Fres Ford, a re- The SPEAKER pro tempore. Pursu- borrower and reduced losses and liq- ant to the rule, the gentlewoman from cipient of a 504 loan in my district. uidation costs. This business will use the 504 loan to New York (Mrs. KELLY) and the gentle- Finally, to address the problem of build a new service center which will woman from New York (Ms. low recovery rates on defaulting 504 allow them to better serve their cus- VELA´ ZQUEZ) each will control 20 min- loans, H.R. 2614 makes the Loan Liq- tomers and expand their business. It utes. uidation Pilot Program a permanent will also bring up to 50 new jobs to the The Chair recognizes the gentle- program. This gives qualified and expe- community. These are good-paying woman from New York (Mrs. KELLY). rienced CDCs the ability to handle the jobs that will help families in the com- Mrs. KELLY. Mr. Speaker, I yield liquidation of loans with only minimal munities I represent. myself such time as I may consume. involvement of the SBA, resulting in The changes made by H.R. 2614 will Mr. Speaker, I rise in strong support savings to the program, and a cor- allow this program to continue assist- of H.R. 2614, which amends the Small responding reduction in the fees ing entrepreneurs in one of the most Business Investment Act to make charged to the borrowers and the lend- critical areas in business expansion, fi- changes in the Section 504 loan pro- ers. nance assistance for building and gram administered by the Small Busi- Mr. Speaker, I again want to urge my equipment purchases. These are crit- ness Administration. The 504 loan pro- colleagues to support H.R. 2614. It will ical ingredients for business growth, gram guarantees small business loans mean a significant improvement in and the 504 programs make sure that for construction and renovation and services to their small business con- small businesses continue to grow. provides nearly $3 billion of financial stituents, and a reduction in the cost When a business is able to expand, ev- assistance every year. Mr. Speaker, let of providing those services. eryone benefits. H6792 CONGRESSIONAL RECORD — HOUSE August 2, 1999 Mr. Speaker, I urge the adoption of The question was taken; and (two- ‘‘(i) IN GENERAL.—Notwithstanding sub- this legislation. thirds having voted in favor thereof) paragraph (A), if the total deferred participa- Mr. Speaker, I reserve the balance of the rules were suspended and the bill tion share of a loan guaranteed under this my time. was passed. subsection is less than or equal to $120,000, the guarantee fee collected under subpara- Mrs. KELLY. Mr. Speaker, I yield A motion to reconsider was laid on myself such time as I may consume graph (A) shall be in an amount equal to 2 the table. percent of the total deferred participation and strongly urge passage of H.R. 2614. f share of the loan. Ms. MILLENDER-MCDONALD. Mr. Speaker, ‘‘(ii) RETENTION OF FEES.—Lenders partici- I would like to rise in support of H.R. 2614, the AMENDING SMALL BUSINESS ACT pating in the programs established under Certified Development Company Loan Pro- TO MAKE IMPROVEMENTS IN this subsection may retain not more than 25 gram. GENERAL BUSINESS LOAN PRO- percent of the fee collected in accordance This bill will ensure a greater access to cap- GRAM with this subparagraph with respect to any ital for potential business owners. By providing loan not exceeding $150,000 in gross loan Mr. TALENT. Mr. Speaker, I move to this access, this will allow our economy to amount.’’. suspend the rules and pass the bill continue to grow and ensure future prosperity SEC. 6. LEASE TERMS. (H.R. 2615) to amend the Small Busi- for the country. H.R. 2614 makes a number of Section 7(a) of the Small Business Act (15 ness Act to make improvements to the U.S.C. 636(a)) is further amended by adding necessary changes to the Small Business Ad- general business loan program, and for at the end the following: ministration's (SBA) 504 loan program. ‘‘(28) LEASING.—In addition to such other H.R. 2614 allows more businesses to have other purposes. The Clerk read as follows: lease arrangements as may be authorized by access to loans. It is clear that access to the Administration, a borrower may perma- loans gives business owners access to oppor- H.R. 2615 nently lease to 1 or more tenants not more tunities. In addition, by increasing the deben- Be it enacted by the Senate and House of Rep- than 20 percent of any property constructed ture size, we will allow Certified Development resentatives of the United States of America in with the proceeds of a loan guaranteed under Companies (CDCs) to make more loans. Congress assembled, this subsection, if the borrower permanently H.R. 2614 increases opportunities for busi- SECTION 1. LEVELS OF PARTICIPATION. occupies and uses not less than 60 percent of ness owned by women. Based on statistics, Section 7(a)(2)(A) of the Small Business the total business space in the property.’’. women-owned businesses contribute more Act (15 U.S.C. 636(a)(2)(A)) is amended— The SPEAKER pro tempore. Pursu- than $2.38 Trillion annually in revenues to the (1) in paragraph (i) by striking ‘‘$100,000’’ ant to the rule, the gentleman from and inserting ‘‘$150,000’’; and Missouri (Mr. TALENT) and the gen- economy, which is more than the gross do- (2) in paragraph (ii) by striking ‘‘$100,000’’ mestic product of most countries. Women and inserting ‘‘$150,000’’. tleman from Illinois (Mr. MANZULLO), as a Member opposed to the bill, each owned businesses also employ one out of SEC. 2. LOAN AMOUNTS. every five workers in the United States, which Section 7(a)(3)(A) of the Small Business will control 20 minutes. is a total of 18.5 million employees. Based on Act (15 U.S.C. 636(a)(3)(A)) is amended by The Chair recognizes the gentleman these facts, women must have adequate ac- from Missouri (Mr. TALENT). striking ‘‘$750,000,’’ and inserting, ‘‘$1,000,000 ´ cess to capital through loans. (or if the gross loan amount would exceed Ms. VELAZQUEZ. Mr. Speaker, I ask Mr. Speaker, we must ensure that the 504 $2,000,000),’’. unanimous consent that the time in loan program remains solvent. The 504 pro- SEC. 3. INTEREST ON DEFAULTED LOANS. support of H.R. 2615 be equally divided gram is a self-sufficient program which is driv- Subparagraph (B) of section 7(a)(4) of the between myself and the gentleman en by the market. Through the reauthorization Small Business Act (15 U.S.C. 636(a)(4)) is from Missouri (Mr. TALENT). of fees, we can ensure the solvency of the amended by adding at the end the following: Mr. TALENT. Mr. Speaker, reserving program. We also have a responsibility to ‘‘(iii) APPLICABILITY.—Clauses (i) and (ii) the right to object, and I will not ob- make the 504 program more efficient. Under shall not apply to loans made on or after Oc- ject, I would just join the gentlewoman tober 1, 1999.’’. the Premier Certified Lender Program, specific in her unanimous consent request. experienced CDC's are granted the authority SEC. 4. PREPAYMENT OF LOANS. Mr. Speaker, I withdraw my reserva- (a) IN GENERAL.—Section 7(a)(4) of the to approve debentures without SBA involve- tion of objection. Small Business Act (15 U.S.C. 636(a)(4)) is The SPEAKER pro tempore. Does the ment. In return, the lenders agree to reim- amended— ALENT burse the SBA 10% of any loss on a deben- (1) by striking ‘‘(4) INTEREST RATES AND gentleman from Missouri (Mr. T ) ture guaranteed by the SBA. By making the FEES.—’’ and inserting ‘‘(4) INTEREST RATES seek to yield half his time to the gen- Premier Certified Lender Program permanent, AND PREPAYMENT CHARGES.—’’; and tlewoman from New York (Ms. the 504 program will be more efficient. (2) by adding at the end the following: VELA´ ZQUEZ)? The 504 loan program must properly serve ‘‘(C) PREPAYMENT CHARGES.— Mr. TALENT. Yes, Mr. Speaker. It the borrower. The current loan liquidation pro- ‘‘(i) IN GENERAL.—A borrower who prepays was my intention to yield the time to gram has been successful in ensuring that the any loan guaranteed under this subsection the gentlewoman, and I join her in her shall remit to the Administration a subsidy 504 program works for borrowers. Loan liq- unanimous consent request. recoupment fee calculated in accordance The SPEAKER pro tempore. The uidation is the most expensive portion of the with clause (ii) if— 504 program. Through the involvement of the ‘‘(I) the loan is for a term of not less than Chair understands the 20 minutes in CDC, which has resulted in a higher response 15 years; favor of the bill will be divided equally, rate, the overall costs are lowered for the pro- ‘‘(II) the prepayment is voluntary; so that the gentleman from Missouri gram. By lowering the cost of the program, ‘‘(III) the amount of prepayment in any (Mr. TALENT) has 10 minutes and the businesses will have access to reduced rates calendar year is more than 25 percent of the gentlewoman from New York (Ms. on loans, which will lower expenses to small outstanding balance of the loan; and VELA´ ZQUEZ) has 10 minutes. ‘‘(IV) the prepayment is made within the Without objection, the gentleman businesses. first 3 years after disbursement of the loan from Missouri (Mr. TALENT) is recog- H.R. 2614 is good for borrowers and small proceeds. nized. businesses and is therefore good for our ‘‘(ii) SUBSIDY RECOUPMENT FEE.—The sub- economy. We should vote in favor of H.R. sidy recoupment fee charged under clause (i) There was no objection. 2614 and expand opportunities for small busi- shall be— Mr. TALENT. Mr. Speaker, I yield ness owners. ‘‘(I) 5% of the amount of prepayment, if myself such time as I may consume. Mrs. KELLY. Mr. Speaker, I have no the borrower prepays during the first year Mr. Speaker, I rise in strong support further requests for time, and I yield after disbursement; of H.R. 2615, a bill to amend the Sec- back the balance of my time. ‘‘(II) 3% of the amount of prepayment, if tion 7(a) loan program at the Small Ms. VELA´ ZQUEZ. Mr. Speaker, I the borrower prepays during the 2nd year Business Administration. I want to have no further requests for time, and after disbursement; and start by thanking my colleague, the ‘‘(III) 1% of the amount of prepayment, if I yield back the balance of my time. gentlewoman from New York (Ms. the borrower prepays during the 3rd year ´ The SPEAKER pro tempore (Mr. MIL- after disbursement.’’. VELAZQUEZ), the ranking Democrat on LER of Florida). The question is on the the committee, for her assistance in SEC. 5. GUARANTEE FEES. motion offered by the gentlewoman Section 7(a)(18)(B) of the Small Business crafting this bill. Her help has been in- from New York (Mrs. KELLY) that the Act (15 U.S.C. 636(a)(18)(B)) is amended to valuable, and I thank her on behalf of House suspend the rules and pass the read as follows: myself and the small business commu- bill, H.R. 2614. ‘‘(B) EXCEPTION FOR CERTAIN LOANS.— nity as a whole. August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6793 Mr. Speaker, the 7(a) general busi- Finally, H.R. 2615 modifies current panies already have a financial track ness loan program provides over $9 bil- 7(a) program rules prohibiting loans record. It should be on the merits, not lion of financial assistance to small from passive investments. When Con- an SBA guarantee, that the bank businesses every year. The bill before gress last reauthorized the program, we should make the loans. us, H.R. 2615, will improve this pro- modified a similar restriction in the If a borrower still needs government gram and make it more responsive to 504 program in order to permit the fi- backing for an expansion project, then the needs of small businesses. nancing of projects where less than 20 they should turn to the 504 loan pro- Allow me to briefly describe the pro- percent of a business space will be gram. The 504 program should serve posed changes to the 7(a) program con- rented out when the small business capital expansion needs, not the 7(a) tained in H.R. 2615. First, the max- borrower in question will occupy the loan program. imum guarantee amount of a 7(a) loan remaining space. It is time we provides The question essentially is this: At program is increased to $1 million from similar options to 7(a) borrowers. what point should companies be the 1988 limit of $750,000 in order to Mr. Speaker, H.R. 2615 is a common weaned off government guaranteed keep pace with inflation. In fact, Mr. sense bill designed to improve the fi- loans; 1 year, 2 years, 5 years, 10 years, Speaker, to fully keep pace with infla- nancial assistance provided to small 20 years? tion, the maximum guarantee amount businesses, particularly the smallest of If the purpose of the Small Business should be increased to approximately small businesses, and I urge my col- Administration is to give a jump-start $1,250,000. The committee believes a leagues to support it. to companies that otherwise would not simple increase to $1 million is suffi- Mr. Speaker, I reserve the balance of be able to start up a business, then why cient and has not gone further. my time. are we increasing the amount of start- Second, H.R. 2615 removes a provision Mr. MANZULLO. Mr. Speaker, I yield up capital available to them from which reduced SBA’s liability for ac- myself such time as I may consume. $750,000 to $1 million? We should be crued interest on defaulted loans since Mr. Speaker, I am grateful to the keeping it the same and encouraging the provision’s intended savings have chairman of the Committee on Small companies to get off the government failed to materialize. Business and the ranking member, and help. The third change to the 7(a) program I agree with six-sevenths of the bill. So It stands to reason that if the SBA concerns the problem of early repay- that is pretty good. My colleagues may has an overall fixed amount of total ment of large loans, which is jeopard- say, well, if the gentleman agrees with loans it can support, then throughout izing the subsidy rate supporting the six-sevenths of the bill, should that not the year, as small business owners are program. H.R. 2615 will remedy this be enough? Normally, under most cir- able to borrower larger amounts, then problem by assessing the fee to the bor- cumstances, I would say yes, but in its the overall loan volume will decrease, rower for prepayment of any loan with current form, I rise in opposition to the to the detriment of the number of a term in excess of 15 years within the bill and, therefore, will vote against it. small borrowers. first 3 years after disbursement. We should not rush to pass this bill This is what is really confusing. The The committee believes this increase under suspension of the rules until we SBA maintained, for the longest period in prepayments is due to a variety of actually have more information from of time, and sent a memo to my office factors. There have been some in- the SBA. I realize most of my col- which they have never corrected in stances of misuse by the program by leagues are not versed on the different writing, that if the authorization level businesses seeking bridge financing. programs run by the SBA. The SBA has were kept the same, which it is, but There have also been cases where, due two main loan programs, the 7(a) pro- the level of 7(a) loans went from to the strong economy, lenders have gram and the 504 program. 7(a) mainly $750,000 to $1 million, then in excess of approached borrowers offering im- provides start-up capital for new entre- 6,000 entrepreneurs, who otherwise proved terms, effectively skimming preneurs, while the 504 program is de- would be applying for and qualifying loans, and avoiding the need to process signed to meet the capital needs of for small business loans, would be left credit analyses. This removes author- growing small businesses for expansion out because the bigger borrowers would ization dollars from the program which or purchases of additional equipment. be in there taking up all the money. could have been used for other loans We just passed, with my concurrence, That was SBA’s position for the long- and is a disservice to both the small H.R. 2614, which increased the max- est period of time until they mysteri- business borrowers and the 7(a) lenders. imum loan guarantee amount in the ously, and without any empirical evi- Both parties work to put financing 504 loan program from $750,000 to $1 dence, suddenly changed their mind packages together at the cost of both million. I agree with that because and said that the small business incen- time and money. growing small businesses already in ex- tives in the small business bill means H.R. 2615 also includes three changes istence have greater capital needs. In there would be a net loss of people re- designed to encourage the making of addition, the 504 loan program operates ceiving loans. smaller loans. The 80 percent guar- at no cost to the taxpayer because the We have to think about that. This antee rate will be expanded from loans fees it charges offset its costs. How- bill has a small business incentive in under $100,000 to loans under $150,000. ever, H.R. 2615 plans to do the same the Small Business Administration Likewise, the 2 percent guarantee fee thing for the 7(a) loan program and I loan program. will now apply to loans up to $150,000. disagree with this policy change. b That represents a significant savings No one should start up a small busi- 1615 for these small borrowers. ness with a $1 million loan backed by So now we are in the process of defin- Finally, for small loans we have in- the SBA. If a bank needs a 75 percent ing a small business within a small cluded a provision allowing lenders to government-backed guarantee to feel business to give incentives to small retain one quarter of the guarantee fee comfortable with a $1 million loan, businesses within the small business on loans under $150,000 as an incentive then we should think twice before pass- loan program. to make these loans. ing the bill. If someone requires a $1 It makes us wonder why we even These changes add to the innovations million loan for start-up, they are have the program in the first place. that Congress has introduced over the probably buying a lot of new equip- But it is here. And if it is here, then it past several years concerning the ment and large amounts of real estate. should not be abused. And if it is here availability of loans at the lower end of They should rethink their business and the money is available, it should the 7(a) spectrum. As a result, since plan because this is a recipe for failure be available for the small entre- 1994, the number of loans made under and the taxpayers will be left paying preneurs, not the people who can bor- $100,000 significantly. In 1998 alone, 53 off the default. row up to $1 million. percent of the 7(a) loans were under If a loan is for an already existing The cost implications in the bill are 100,000. This compares with only 37 per- small business, then the bank should still not clear. H.R. 2615 contains cent in 1994. The figure fluctuates, Mr. make these loans on a sound commer- much-needed incentives to encourage Speaker, but the general trend is defi- cial basis without having to rely upon the banks to make the smaller loans. nitely in the direction of smaller loans. the crutch of the taxpayer. These com- And there we are. H6794 CONGRESSIONAL RECORD — HOUSE August 2, 1999 Now, we have got a system not of set- update the General Business Loan serve this Nation’s small businesses, it asides but a system somehow built into Guaranty, or 7(a), program. must keep in step with the changing fi- language that says the Small Business With the passage of today’s legisla- nancial landscape. Administration should prefer small tion, we will grow the 7(a) loan pro- The changes made by H.R. 2615 create businesses. gram in a reasonable and thoughtful a balanced approach that updates the I want the Members of Congress and way that expands the program, while 7(a) program while affirming our com- the Speaker to think about that state- continuing our commitment to those mitment to small businesses that small ment. If we are encouraging small busi- businesses that need access to start-up loans are still accessible. I urge my ness loans within the Small Business capital. colleagues to support H.R. 2615. Administration, then I think that we Although SBA administers numerous I just would like to take a moment to have an agency now that has lost its programs that provide financial and respond to the points made by the gen- mission when it starts dividing up technical assistance to small firms, the tleman from Illinois (Mr. MANZULLO). what exactly is a small business. 7(a) program is the agency’s flagship I am just as concerned that we con- When H.R. 2615 was marked up in loan program. It is far and away the tinue our commitment to small loans committee, the sponsors of the bill agency’s largest and most important to address this. To address this, the readily admitted that any additional both in terms of numbers of loans and committee has placed several provi- revenue that may be raised with the program level supported. sions aimed at encouraging small fees charged to higher dollar loan bor- Under 7(a), loan guarantees are pro- loans. These provisions offer incentives rowers will be used to pay for the small vided to eligible small businesses that for 7(a) lenders to continue to make loan incentive contained in the bill. have been unsuccessful in obtaining smaller loans, especially loans under Thus, the impact on most expensive private financing on reasonable terms. $150,000. items in the SBA budget supposedly The proceeds from a 7(a) loan may be These incentives include the increase would be a wash at best. But we have used for virtually any business purpose in the loan guarantee amount from 75 no empirical data, nothing, that has and have made the difference for to 80 percent for loans under $150,000 in been furnished to this Member of Con- countless entrepreneurs. section 1; the reduction of borrower’s gress, who requested the SBA first of Under a 7(a) partnership between fees from three percent to two percent all to come to an analysis as to the loss Government and nearly 7,000 banks and on loans up to $120,000 in section 5; and of businesses that would be deprived of non-bank lenders that participate, the fee-splitting provision in section 5 start-up capital; and they, on their small businesses are ensured the access that will allow up to 25 percent of the own, advised this Member of Congress to capital they need. Since the pro- borrower’s fees on loans under $150,000 that it would be in excess of 6,000. gram’s inception, more than 600,000 7(a) to go to the 7(a) lenders rather than to Later on they changed their mind, loans totaling $80 billion have been SBA. but they told the press still that the made to help this Nation’s small busi- Without the increase in the loan information given to this Member of nesses. guarantee that pays for these incen- Congress was correct. One of the important items in this tives, we will be faced with a choice, ei- Therefore, I can come to one conclu- legislation is the increase in the loan ther increase the program’s subsidy sion, and that is that the Small Busi- guarantee from $750,000 to $1 million. It rate, which will require additional ness Administration itself does not un- has been over a decade since we in- funds are appropriated, and given the derstand the mechanics of this bill. creased the loan guarantee. As a mat- current state of the Commerce-Justice- And if they do not understand the me- ter of fact, if we were to index the cur- State appropriations bill we will con- chanics of this bill and they do not un- rent guarantee using the Consumer derstand the wording of it and they do sider this week, that is unlikely; or not understand the impact of it, then Price Index, we would actually have a eliminate these important small busi- this bill should not pass, it should loan guarantee that is higher than ness loan provisions. And I believe that come up under regular order and be what is under consideration today. that will be short-sighted. I believe what we are doing is reason- subject to an amendment. Mr. Speaker, I reserve the balance of I urge my colleagues to reject the able and necessary if the program is to my time. bill now and send it back to com- continue to serve our Nation’s small Mr. TALENT. Mr. Speaker, may I in- mittee. Once we have a more clear un- businesses. quire how much time I have remain- derstanding of how this bill will impact To safeguard against the risk that in- ing? the budget and small loan borrowers, creasing the guarantee will harm those The SPEAKER pro tempore (Mr. MIL- then we can always act on this provi- seeking smaller loans, we have capped LER of Florida). The gentleman from 1 sion. We do not have the information the total loan amount that can be Missouri (Mr. TALENT) has 6 ⁄2 minutes yet. made under the 7(a) program at $2 mil- remaining. There is plenty of time to work on lion. This is in combination with other Mr. TALENT. Mr. Speaker, I yield this legislation. An additional hike in provisions of the legislation that will myself such time as I may consume. the maximum guarantee amount of the ensure that the 7(a) program will be Mr. Speaker, the jurisdiction of the 7(a) loan program can be included in available to all who need it. small business community, the legisla- the regular SBA authorization bill. It I would also like to voice my strong tive jurisdiction of it, is really only would be easy to bring it up at a later support for the small loan provisions over the Small Business Administra- time. We can mark up a separate bill contained in this legislation. The com- tion and its programs. later this fall. But I do not see the rea- mittee has made sure that small loans Since I became chairman, I have son for rushing to action on this now are still a priority by adopting such tried to use the oversight jurisdiction when we have incomplete information. changes as reducing the program’s cost of the committee, which is much Thus, I respectfully disagree with my to the borrower of loans of $150,000 or broader, to struggle for tax and regu- chairman and ranking minority mem- less from three percent of the loan to latory relief for small businesses ber and ask that H.R. 2615 be defeated two percent, making certain that small around the country. And that is really in its current form. businesses will keep more of their what we devote a whole lot of our time This is the only alternative left to money. to on the committee. But we do take me because I cannot amend the bill We are also creating incentives for seriously the job of overseeing the pro- under suspension of the rules. The rest lenders to continue to make small grams in the Small Business Adminis- of the bill is fine. loans by giving those lenders addi- tration. Mr. Speaker, I reserve the balance of tional funds guaranteed by the SBA In order to accomplish that, we peri- my time. through an increasing guarantee from odically work together on a bipartisan Ms. VELA´ ZQUEZ. Mr. Speaker, I 75 percent to 80 percent and a rebate basis and we pass bills designed to up- yield myself such time as I may con- that could be as high as $600 per loan. date the network of statutes that on sume. These proposals will ensure that the the basis of which those loan programs Mr. Speaker, I rise in strong support program continues its mission. If the run. I have tried to push them in the of H.R. 2615, legislation to improve and 7(a) program is going to continue to direction in my chairmanship and with August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6795 the support first of the gentleman from out of the general revenue in order to amounts from $750,000 to $1 million? New York (Mr. LAFALCE) and then of support this program. That begs the basic question as to what the gentlewoman from New York (Ms. Again, Mr. Speaker, I respect the the purpose of the Small Business Ad- VELA´ ZQUEZ) in the direction of making gentleman from Illinois (Mr. MAN- ministration is. those programs more efficient and ZULLO). He and I have worked together I am trying the best I can to preserve making them run as entirely private on our time on the committee to- some type of mission that the SBA has. lending programs do whenever we can. gether. I respect the sincerity of his We have absolutely no empirical data, This bill is part of that trend. It con- view here. nothing to refute the original data that tains a number of different provisions I would say it is a small part of this the SBA gave me, nothing in writing, which are important to achieving that bill. I am happy to work with the gen- no words from the SBA, nothing from effort. tleman as we go through the process either of the speakers here to refute We have worked together on a bipar- over in the Senate and then in con- the fact that the memo they gave me tisan basis. We produced the bill by a ference. But I hope we can have the stated unequivocally and in concur- 24–4 vote in the committee. I ask the confidence of the House in supporting rence with Mr. Hocker who testified at House to support us in these efforts. this bill. the Small Business hearing that unless This is important to the people who It came out of the committee by an the authorization were increased, the rely on these programs and administer overwhelming majority. It may be fact that we are increasing the amount these programs and important to what housekeeping to most of the House. It that could be borrowed from $750,000 to we are trying to accomplish on the is important to these programs. We try $1 million means that in excess of 6,000 committee. to do a responsible, bipartisan job on small businesspeople who otherwise The gentleman from Illinois said cor- the Committee on Small Business. The would qualify for an SBA loan will be rectly, I think, that he agrees with six- ranking member and I are in full agree- excluded from the process. To aggra- sevenths of the bill. I say it might be ment, as was the overwhelming major- vate that, in the past 3 years, as the even more than that. The only dispute ity of the committee. amount of SBA loans go up, the num- is a provision that, in the view of the Again, I ask the House for its sup- ber of small business recipients goes gentleman, pushes the portfolio away ports. We will continue working on this down and the number of small from the direction of smaller loans. issue as we move through the process. businesspeople receiving the loan has First of all, Mr. Speaker, there is no Mr. Speaker, I reserve the balance of now dropped to about 53 percent of the question and I do not think the gen- my time. total, meaning that the larger appli- tleman would deny that, on balance, Mr. MANZULLO. Mr. Speaker, may I cants are getting the lion’s share of the this bill continues the trend of moving inquire of the Chair the amount of money and that is the dangerous trend. the 7(a) portfolio in the direction of time that I have remaining? I am trying to stop that. smaller loans. The SPEAKER pro tempore. The gen- Is it worth objecting to an entire bill First of all, the bill caps the total tleman from Illinois (Mr. MANZULLO) because you are opposed to one-seventh size of any guaranteed loan at $2 mil- has 12 minutes remaining. of the bill? The answer is yes. The lion. So a lender cannot issue a 7(a) Mr. MANZULLO. Mr. Speaker, I yield name of the bill is small business. Does loan or make a 7(a) loan for more than myself such time as I may consume. anybody think that borrowing $1 mil- $2 million. There has been no statutory Mr. Speaker, first of all, I want to lion today is small business? It could cap on loan size. concur with the statements of the be, but if it is of that magnitude, then The bill allows lenders to retain a chairman of the Committee on Small the bank should be willing to kick in somewhat greater percentage of fees Business, who has done a tremendous the extra amount and to guarantee the that are paid when they make smaller effort in turning the Committee on extra amount, not put it upon the loans, and the bill increases guarantee Small Business into a committee that shoulders of the taxpayers to say we rates for smaller loans. So there is no has been very responsive, listening to want you to guarantee up to $1 million. question that this bill will continue the needs and the desires of the people If you are solvent enough to borrow prudently pushing the portfolio in the across this Nation. $750,000 with an SBA guarantee, then direction of smaller loans. I chair the Subcommittee on Small the banks themselves should be willing The sole dispute is over one small Business, Tax, and Trade. I have seen to loan the rest of the amount of provision in this bill which allows the the chairman conduct other hearings, money based upon their own private total amount of the guaranteed loan to and I know that he has the small busi- arrangement with the borrower. It is go up from $750,000 to $1 million. In ness person at heart. In fact, when he just that simple. other words, the portion that the Gov- practiced law before he came to this Ms. VELA´ ZQUEZ. Mr. Speaker, I ernment guarantees of any loan is now body, it was as a person involved in yield myself such time as I may con- at $750,000. If this bill passes and the small business and he knows the needs sume. President signs it, it will be $1 million. of the small business community inti- I would just like to echo the com- The reason we do that, Mr. Speaker, mately well. ments made by the gentleman from is that amount has not been adjusted I would only suggest to the chairman Missouri. You have to continue updat- for inflation for 11 years. It was made of the Committee on Small Business, ing a program. What works in the 1980s $750,000 in 1988 I believe. We have not my friend the gentleman from Missouri does not necessarily work in the 1990s. changed it at all. We have made a mod- (Mr. TALENT) this fact: With the in- No bank would allow its loan program est adjustment that does not even keep crease of the loan amounts from to go a decade without updating it. If pace with inflation. It is the only part $750,000 to $1 million, financially there we are going to make SBA a cutting of this bill that is in issue. is less money in the overall pot. Be- edge financial institution of the 21st To be perfectly frank, I simply do not cause there has been no increase in the century, we must continue to improve see why it is that big a deal. We felt it authorization. these programs. It just makes sense. was important to do it because, with- b Mr. Speaker, I yield back the balance out some aspect of this portfolio being 1630 of my time. somewhat larger loans, it tends to un- As the gentlewoman from New York Mr. TALENT. Mr. Speaker, I yield dermine the stability and the financial (Ms. VELA´ ZQUEZ) says, there is little myself such time as I may consume. prudence of the portfolio as a whole. opportunity, little likelihood that Let me repeat again both my friend- We want to push it in the direction of there would be an increase in the au- ship and my respect for the passion and the smaller loans. But if we go too far thorization. Simply based upon the the commitment of the gentleman and too fast, we yank out of the port- fact that there is less money in the from Illinois to small business. He and folio the somewhat larger loans which pot, who is going to be the recipient of I have talked over this issue. We had a really support the whole 7(a) portfolio. not getting the money? Is it going to full debate over it in committee. I do And we do not want to do that. That be the little guy, or the people who want to continue working with him as could result in a lot more defaults and have the attorneys and the CPAs and this bill goes through the process. I do a lot more money that we have to find the bankers that can increase their want to emphasize the importance to H6796 CONGRESSIONAL RECORD — HOUSE August 2, 1999 Members of the House who may not, There was no objection. resentatives. Prior to his election as and I certainly could not blame them if f Speaker, Ambassador Foley was the they were not familiar with the ins and majority leader, majority whip, chair THOMAS S. FOLEY UNITED outs of all these programs, but I hope of the Democratic Caucus and chair- STATES COURTHOUSE AND WAL- they will understand that these pro- man of the Committee on Agriculture. TER F. HORAN PLAZA grams are important, that the com- Before being elected to the Congress, mittee does oversee them and that it is Mr. COBLE. Mr. Speaker, I move to Ambassador Foley was special counsel important that we move this legisla- suspend the rules and pass the bill to the Senate Committee on Interior tion through to make all the different (H.R. 211) to designate the Federal and Insular Affairs. He also served as corrections that are in there. building and United States courthouse deputy prosecuting attorney in Spo- So I would ask of the House, let us located at West 920 Riverside Avenue in kane and assistant attorney general for get this bill out and get it in con- Spokane, Washington, as the ‘‘Thomas the State of Washington. ference. I pledge to continue working S. Foley Federal Building and United After leaving this body, former with the gentleman. It is a small part States Courthouse’’, and the plaza at Speaker Foley continues to distinguish of the bill over which we have a dis- the south entrance of such building and himself in public service as the United agreement. There is no question that courthouse as the ‘‘Walter F. Horan States Ambassador to Japan. Naming the bill as a whole moves in the direc- Plaza’’, as amended. the courthouse in Ambassador Foley’s tion of pushing the portfolio gently to- The Clerk read as follows: hometown is a reminder of his dedica- wards smaller loans. I like that. We H.R. 211 tion and hard work in public service. have worked for that under my chair- The plaza entrance to the courthouse manship. He have worked for that with Be it enacted by the Senate and House of Rep- resentatives of the United States of America in will be designated as the ‘‘Walter F. the ranking member. This is a modest Congress assembled, Horan Plaza’’. This will be a reminder inflationary update. I would hope that SECTION 1. DESIGNATION OF COURTHOUSE. to all that are entering the courthouse we would have the House’s confidence (a) DESIGNATION.—The Federal building through the main plaza of the many ac- in being able to make it and that we and United States courthouse located at 920 complishments by former Congressman can move this bill through. West Riverside Avenue in Spokane, Wash- Horan for his eastern Washington dis- I would urge the House to support ington, shall be known and designated as the H.R. 2615. trict. ‘‘Thomas S. Foley United States Court- If there ever was an example of the Mr. MANZULLO. Mr. Speaker, will house’’. the gentleman yield? (b) REFERENCES.—Any reference in a law, American dream, it is Walter Horan. Mr. TALENT. I yield to the gen- map, regulation, document, paper, or other He was born in a log cabin on the banks tleman from Illinois. record of the United States to the Federal of the Wenatchee River in 1898. After Mr. MANZULLO. Based upon the building and United States courthouse re- attending the Wenatchee public gentleman’s assertions that he is will- ferred to in subsection (a) shall be deemed to schools, he was graduated from Wash- ing to continue discussing this figure be a reference to the ‘‘Thomas S. Foley ington State College in 1925. Prior to of $750,000 increased to $1 million, I United States Courthouse’’. that, he entered World War I, serving would still be opposed to the bill, I will SEC. 2. DESIGNATION OF PLAZA. for 2 years in the United States Navy vote ‘‘no’’ on an oral vote but not call (a) DESIGNATION.—The plaza located at the as a gunner’s mate third class. Upon south entrance of the Federal building and for a recorded vote. United States courthouse referred to in sec- graduation, he returned to his apple Mr. TALENT. Reclaiming my time, I tion 1(a) shall be known and designated as farm in Wenatchee, Washington where appreciate very much the gentleman’s the ‘‘Walter F. Horan Plaza’’. he engaged in fruit growing, packing, most gracious concession in that re- (b) REFERENCES.—Any reference in a law, storing and shipping until he was elect- gard. I certainly will be glad to keep map, regulation, document, paper, or other ed to the 78th Congress in 1942. He went working with him. He and I disagree on record of the United States to the plaza re- on to serve in the next 10 succeeding this. My major concern is making sure ferred to in subsection (a) shall be deemed to Congresses and rose to third in senior- that we have a proper balance in the be a reference to the ‘‘Walter F. Horan ity on the Committee on Appropria- Plaza’’. portfolio so that we do not have the tions. He always gave close attention unintended impact of undermining the The SPEAKER pro tempore. Pursu- to agriculture and the conservation stability of the smaller loans that we ant to the rule, the gentleman from community. Former Congressman do make by not allowing this minor in- North Carolina (Mr. COBLE) and the Horan passed away in 1966. Naming the flationary update. But perhaps we can gentleman from Washington (Mr. Plaza on his behalf is a fitting designa- provide for that in some other context. BAIRD) each will control 20 minutes. tion. I am happy to work with the gen- The Chair recognizes the gentleman This is a fitting tribute, Mr. Speaker, tleman in that regard. from North Carolina (Mr. COBLE). to two former Members of this body. I Mr. Speaker, I yield back the balance Mr. COBLE. Mr. Speaker, I yield my- support the bill and urge my colleagues of my time. self such time as I may consume. to join in support. The SPEAKER pro tempore (Mr. MIL- Mr. Speaker, H.R. 211, as amended, Mr. Speaker, I reserve the balance of LER of Florida). The question is on the introduced by the gentleman from my time. motion offered by the gentleman from Washington (Mr. NETHERCUTT), honors Mr. BAIRD. Mr. Speaker, I yield my- Missouri (Mr. TALENT) that the House two former Members of this body, self such time as I may consume. Also, suspend the rules and pass the bill, former Speaker Tom Foley and Con- I want to thank the gentleman from H.R. 2615. gressman Walter Horan. The amend- The question was taken; and (two- North Carolina (Mr. COBLE) for intro- ment simply corrects the address and thirds having voted in favor thereof) ducing this bill and the gentleman properly designates the facility as a the rules were suspended and the bill from Pennsylvania (Mr. SHUSTER) for United States courthouse, which the was passed. bringing this bill to the floor in such a A motion to reconsider was laid on building is typically referred to as in timely manner. the table. Spokane. I rise in strong support of H.R. 211, a This legislation will designate the f bill to designate the Federal building United States courthouse and court- and courthouse located at 920 West GENERAL LEAVE house plaza in Spokane, Washington, Riverside Avenue in Spokane, Wash- Mr. TALENT. Mr. Speaker, I ask as the ‘‘Thomas S. Foley United States ington as the Thomas S. Foley United unanimous consent that all Members Courthouse and Walter F. Horan States Courthouse, and the plaza lo- may have 5 legislative days in which to Plaza’’. This designation is a most de- cated at the south entrance as the Wal- revise and extend their remarks and to serving one. ter F. Horan Plaza. include extraneous material on H.R. Ambassador Foley served in the Con- Mr. Speaker, as a new Member from 2615. gress from January 1965 until Decem- Washington State, I know that we The SPEAKER pro tempore. Is there ber 1994. As most of the Members here come here with big shoes to fill. We objection to the request of the gen- are well aware, Ambassador Foley was had Scoop Jackson, Warren Magnuson, tleman from Missouri? our 49th Speaker of the House of Rep- and we had Speaker of the House Tom August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6797 Foley. Tom Foley had an outstanding Agriculture, and I felt I had to be here predecessor who had served for 30 very and distinguished public career and it today to express my enormous admira- long years and dignified years and is a career that continues to this day. tion for this distinguished American. years filled with great service, and I As we all know, for 30 years he ably b 1645 felt sorry that he ended his service represented the Fifth Congressional with an election like that which oc- District in Washington. During that He as a Speaker, a Democratic curred in 1994, but at the same time I time he served as the majority leader, Speaker, but a Speaker of the Whole was pleased to be able to represent the the majority whip, chairman of the House, was always very, very fair. This Fifth Congressional District and go for- House Committee on Agriculture and distinguished American treated those ward in the years ahead, wanting to was, of course, the 49th Speaker of the of us in the minority, when indeed Re- have good representation for the entire publicans in the minority, with fair- House. Mr. Foley continues to serve east side of the State of Washington. ness, with consideration. In fact, one of today as our country’s Ambassador to So it was bitter sweet in many re- my Democratic friends some years ago Japan. spects, but my respect for Mr. Foley During his time in Congress, Tom Fo- when Speaker Foley was indeed in the certainly is not bitter sweet. It is un- Chair leaned over with a smile on his ley’s top legislative priorities included dying, it is unyielding, it is constant, face and whispered to me, ‘‘You know, increasing the minimum wage, revising because I have had him as my rep- one of the things, perhaps the only clean air standards and parental leave resentative before I came to public life thing, that is wrong with Tom Foley is and child care measures. for 30 years and Mr. Horan for the prior sometimes he is too bipartisan.’’ Well, Tom was a Washington native. He 22 years, virtually my entire adult life of course the Speaker is the Speaker of was born in Spokane in 1929. He at- until I was elected in 1994. So I have the Whole House, and he was fulfilling tended local school, graduated from known these two men and watched his duties and his obligations, and he Gonzaga High School and went on to them represent eastern Washington was fulfilling them with dignity, with attend the University of Washington in and the State of Washington’s interests intelligence and in the best tradition of Seattle. He later graduated from the with great dignity, with certainly un- the great speakers of this august body. University of Washington Law School Mr. Speaker, I certainly therefore questionable respect for the institution in 1957. want to very strongly support this leg- of Congress and respect for the people Tom Foley’s legacy is lasting and his islation today as a tribute particularly of eastern Washington. reputation for fairness, for dignity and to Ambassador Foley, and I want to During law school I happened to for openness is a model for all Members note that indeed it is a Republican serve as a law clerk in the Spokane to follow. He is well respected, affable Member of Congress, the gentleman County Superior Court, and my prime judge for whom I was assigned was Wil- and a conciliatory person. Speaker from Washington (Mr. NETHERCUTT) Foley served to help make Congress who has been the prime mover of this liam F. Williams, a very close friend of the best forum for democracy in the legislation, and I think that is very fit- Foley who was later a Supreme Court entire world. It is with great pride that ting because I believe it sends the very Justice in our State. But I also served I support this bill. clear message that we on this side of as a law clerk for Thomas S. Foley’s fa- Mr. Speaker, as was mentioned, H.R. the aisle have the same respect and ther, Judge Ralph Foley. 211 also honors Walt F. Horan by desig- love and affection for Speaker Foley So Tom, the former Speaker, comes nating the plaza at the south entrance that our good friends on the other side to this institution with a very distin- to the building as the Walter F. Horan of the aisle certainly have indicated. guished background, a distinguished Plaza. So I urge the passage of this legisla- family. His mother and father were As was mentioned earlier, Mr. Horan tion, and I trust and hope it will be very highly recognized and respected in served his country in the House of Rep- unanimous. eastern Washington, as was Thomas S. resentatives for 22 years, from 1943 to Mr. BAIRD. Mr. Speaker, I have no Foley. He served, as was stated here, 1965. He was proud of the fact, it was more requests for time at this point, for 30 years representing our district as mentioned, that he was born in a log and I yield back the balance of my Speaker of the House, as majority lead- cabin on the banks of the Wenatchee time. er, as chairman of the Committee on River, truly a pioneer in our State and Mr. COBLE. Mr. Speaker, I yield such Agriculture, a chairmanship that was a pioneer in this legislative body. He time as he may consume to the gen- vitally important to eastern Wash- attended local public schools. After tleman from Washington (Mr. ington and the agricultural community graduating high school, he served in NETHERCUTT), the sponsor of the bill. that exists there even to this day. World War I as a gunner’s mate third Mr. NETHERCUTT. Mr. Speaker, I I saw Mr. Foley in Japan earlier this class. In 1925 he graduated from Wash- thank the gentleman from North Caro- spring, and in characteristic conduct ington State College in Pullman. lina (Mr. COBLE) for the time and the he conducted himself and has con- Walter Horan served with dignity and gentleman from Pennsylvania (Mr. ducted himself as a representative of diligence for over 20 years. It is fitting SHUSTER) and the gentleman from the United States of America in Japan and proper to honor him with this des- Washington (Mr. BAIRD) for their kind with great respect and dignity, just as ignation. remarks. I am proud to be the sponsor he did here in this House for so many Mr. Speaker, I strongly support H.R. of this legislation along with the other years. 211. 8 members of the Washington State I just want the people of eastern Mr. Speaker, I reserve the balance of congressional delegation to name the Washington, the people of this country, my time. Federal Court House in Spokane, Wash- to know that in designating this court- Mr. COBLE. Mr. Speaker, I am ington, my hometown, the Thomas S. house in the name sake of Tom Foley pleased to yield such time as he may Foley United States Courthouse and and Walt Horan we are paying tribute consume to the gentleman from Penn- the plaza in front of that courthouse as and respect to their work for all of us sylvania (Mr. SHUSTER) the chairman the Walter F. Horan Plaza. in eastern Washington and in our State of the House Committee on Transpor- As the successor to Tom Foley, I of Washington, our beloved State of tation and Infrastructure. came to know him very well in the 1994 Washington. So it was with pleasure Mr. SHUSTER. I thank the gen- elections, and I must say, as difficult that all of the members of our delega- tleman for yielding me this time. as elections can be, the one that oc- tion signed onto this bill that I intro- Mr. Speaker, I did not have the privi- curred in 1994 in my judgment and I duced, most notably Democrats and lege of knowing Congressman Horan. I think in the judgment of many other Republicans alike who had worked support this legislation strongly. But I people was one that was carried on with Mr. Foley and Mr. Horan in some did have the privilege and do have the with great dignity and discussion and respects and have enormous respect for privilege of knowing Ambassador debate of the issues and the leadership those two men. Foley, of knowing him as a colleague, that was proper for the future for our So I thank the House for considering of knowing him as the distinguished Fifth Congressional District. this bill, I urge that it be adopted Speaker of this House, of knowing him I won that election with mixed emo- unanimously and that the respect and as the chairman of the Committee on tions frankly. I felt terrible for my dignity that is due Mr. Horan and Mr. H6798 CONGRESSIONAL RECORD — HOUSE August 2, 1999 Foley will continue under the name of the legitimate items that are infringed dress Congress’ desire to impose strict sake of the Thomas S. Foley United upon and the quantity of the infringing penalties for violations of the act that States Courthouse and the Walt F. items. To the extent the conduct involves a will deter infringement in their recent Horan Plaza. violation of section 2319A of title 18, United report. H.R. 1761 clarifies Congress’ in- States Code, the enhancement shall be based tent that the United States Sentencing Mr. COBLE. I have no further re- upon the retail price of the infringing items quests for time, Mr. Speaker, and I and the quantity of the infringing items. Commission ensure that the sentencing yield back the balance of my time. ‘‘(3) Paragraph (1) shall be implemented guideline for the intellectual property The SPEAKER pro tempore (Mr. MIL- not later than 3 months after the later of— offenses provide for consideration of LER of Florida). The question is on the ‘‘(A) the first day occurring after May 20, the retail price of the legitimate in- motion offered by the gentleman from 1999, or fringed-upon item and the quantity of North Carolina (Mr. COBLE) that the ‘‘(B) the first day after the date of the en- infringing items in order to make the House suspend the rules and pass the actment of this paragraph, guidelines sufficiently stringent to bill, H.R. 211, as amended. on which sufficient members of the Sen- deter such crime. This language gives tencing Commission have been confirmed to The question was taken; and (two- the Sentencing Commission the discre- constitute a quorum. tion to adopt an aggravating adjust- thirds having voted in favor thereof) ‘‘(4) The Commission shall promulgate the the rules were suspended and the bill, guidelines or amendments provided for under ment where it may be appropriate in as amended, was passed. this section in accordance with the proce- cases of pre-released copyright piracy The title of the bill was amended so dures set forth in section 21(a) of the Sen- in which no corresponding legitimate as to read: ‘‘A bill to designate the tencing Act of 1987, as though the authority copyrighted item yet exists, but the Federal building and United States under that Act had not expired.’’. economic harm could be devastating. courthouse located at 920 West River- SEC. 4. EFFECTIVE DATE. These changes will enable the Depart- side Avenue in Spokane, Washington, The amendments made by section 2 shall ment of Justice to better prosecute as the ‘Thomas S. Foley United States apply to any action brought on or after the crimes against intellectual property. date of the enactment of this Act, regardless Courthouse’, and the plaza at the south It is vital that the United States rec- of the date on which the alleged activity ognizes intellectual property rights entrance of such building and court- that is the basis of the action occurred. house as the ‘Walter F. Horan Plaza’.’’ and provides strong protection and en- The SPEAKER pro tempore. Pursu- forcement against violations of those A motion to reconsider was laid on ant to the rule, the gentleman from the table. rights. By doing that the United States North Carolina (Mr. COBLE) and the will protect its valuable intellectual f gentleman from California (Mr. BER- property and encourage other countries MAN) each will control 20 minutes. GENERAL LEAVE to enact and enforce strong copyright The Chair recognizes the gentleman protection laws. Mr. COBLE. Mr. Speaker, I ask unan- from North Carolina (Mr. COBLE). I would like to commend the distin- imous consent that all Members may GENERAL LEAVE guished gentleman from California have 5 legislative days within which to Mr. COBLE. Mr. Speaker, I ask unan- (Mr. ROGAN) for his leadership in intro- revise and extend their remarks and in- imous consent that all Members may ducing this bill and his hard work in clude extraneous material on H.R. 211, have 5 legislative days to revise and ex- bringing it to this point. H.R. 1761 is an as amended. tend their remarks and insert extra- important piece of legislation, and I The SPEAKER pro tempore. Is there neous material into the RECORD on the urge my colleagues to support it. objection to the request of the gen- bill under consideration. Mr. Speaker, I reserve the balance of tleman from North Carolina? The SPEAKER pro tempore. Is there my time. There was no objection. objection to the request of the gen- Mr. BERMAN. Mr. Speaker, I yield f tleman from North Carolina? myself such time as I may consume. Mr. Speaker, I rise in support of H.R. There was no objection. COPYRIGHT DAMAGES 1761, the Copyright Damages Improve- Mr. COBLE. Mr. Speaker, I yield my- IMPROVEMENT ACT OF 1999 ment Act of 1999. Consistent with the self such time as I may consume. responsibility conferred on us by arti- Mr. COBLE. Mr. Speaker, I move to Mr. Speaker, H.R. 1761 makes signifi- cle 1, section 8, of the Constitution, we suspend the rules and pass the bill cant improvements in the ability of the are required from time to time to as- (H.R. 1761) to amend provisions of title Copyright Act to deter copyright in- 17, United States Code, relating to pen- sess the efficacy of our intellectual fringement. It will increase the statu- property laws in protecting the works alties, and for other purposes as tory damages available to copyright amended. of authors and inventors. Toward that owners whose registered works have end earlier this year the Subcommittee The Clerk read as follows: been infringed in an effort to deter in- on Courts and Intellectual Property re- H.R. 1761 fringing conduct. Copyright piracy is solved to address several concerns Be it enacted by the Senate and House of Rep- flourishing in the world. With the ad- which had been brought to our atten- resentatives of the United States of America in vanced technologies available and the tion regarding the deterrence of copy- Congress assembled, fact that many computer users are ei- right infringement and penalties for SECTION 1. SHORT TITLE. ther ignorant of the copyright laws or such infringement in those instances This Act may be cited as the ‘‘Copyright simply believe that they will not be when it does unfortunately occur. Damages Improvement Act of 1999’’. caught or punished, the piracy trend The bill originally reported out by SEC. 2. STATUTORY DAMAGES ENHANCEMENT. will continue. the Committee on the Judiciary was Section 504(c) of title 17, United States One way to combat this problem is to broader in scope than the bill before us Code, is amended— increase the statutory penalties for today, and I supported that bill in its (1) in paragraph (1)— copyright infringement so that there (A) by striking ‘‘$500’’ and inserting ‘‘$750’’; previous form, but we resolved to bring and will be an effective deterrent to this before this body a bill reflecting a con- (B) by striking ‘‘$20,000’’ and inserting conduct. sensus, and that is what we have done. ‘‘$30,000’’; and Another significant aspect of H.R. I know of no opposition to the bill (2) in paragraph (2), by striking ‘‘$100,000’’ 1761 addresses a problem the sub- under consideration today. and inserting ‘‘$150,000’’. committee learned about during an The bill has two key features. First SEC. 3. SENTENCING COMMISSION GUIDELINES. oversight hearing on the implementa- the bill provides an inflation adjust- Section 2(g) of the No Electronic Theft tion of the NET Act and enforcement ment for copyright statutory damages. (NET) Act (28 U.S.C. 994 note) is amended by against Internet piracy. The House Ju- It has been well over a decade since we striking paragraph (2) and inserting the fol- diciary Subcommittee on Courts and last adjusted statutory damages for in- lowing: Intellectual Property received testi- ‘‘(2) In implementing paragraph (1), the flation. Our purpose must be to provide Sentencing Commission shall amend the mony about the lack of prosecutions meaningful disincentives for infringe- guideline applicable to criminal infringe- being brought under the act by the De- ment, and to accomplish this the cost ment of a copyright or trademark to provide partment of Justice and the Sen- of infringement must substantially ex- an enhancement based upon the retail price tencing Commission staff failure to ad- ceed the cost of compliance so that August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6799 those who use or distribute intellectual Sentencing Commission's failure to address S. 1257 property have an incentive to comply Congress' desire to impose strict penalties for Be it enacted by the Senate and House of Rep- with the law. The inflation adjust- violators. The committee heard how the price resentatives of the United States of America in ments provided in H.R. 1761 accomplish that pirated material is sold for on the black Congress assembled, that objective. market is often the value used for prosecution, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Digital Secondly, at a hearing held this past not the actual value of the copyrighted item. Theft Deterrence and Copyright Damages May, the Subcommittee on Courts and This is wrong. My bill clarifies that the Sen- Improvement Act of 1999’’. Intellectual Property heard evidence tencing Commission shall use the retail price SEC. 2. STATUTORY DAMAGES ENHANCEMENT. that the current sentencing guidelines and quantity of the infringed-upon goods as Section 504(c) of title 17, United States for intellectual property crimes is not bases for determining their value. Code, is amended— sufficiently stringent to deter such Finally, I want to recognize and thank all of (1) in paragraph (1)— crimes. the interested parties who came together to (A) by striking ‘‘$500’’ and inserting ‘‘$750’’; and b 1700 work out the compromise language that is (B) by striking ‘‘$20,000’’ and inserting contained in the manager's amendment today. ‘‘$30,000’’; and The subcommittee’s conclusion rati- These needed changes will give added protec- fied by the committee was that the (2) in paragraph (2)— tions to copyright owners by strengthening the (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; current guideline with its reliance on deterrents for intellectual property theft, and (B) by striking ‘‘$100,000’’ and inserting the value of the infringing item should enable the Department of Justice to better ‘‘$150,000’’; be replaced with a guideline based on prosecute crimes against copyright owners. (C) by inserting after the second sentence the retail price of the infringed upon Mr. Speaker, it is crucial that our country re- the following: item. At the same time, as a result of main the leader in the protection and enforce- ‘‘(B) In a case where the copyright owner quite productive discussions with the demonstrates that the infringement was part ment of intellectual property rights, H.R. 1761 of a repeated pattern or practice of willful staff of the sentencing commission, we increases the damages for copyright infringe- acknowledged the commission’s ability infringement, the court may increase the ment, and serves as a strict deterrent for award of statutory damages to a sum of not to make reasonable adjustments, ag- those who try to skirt the law. I urge my col- more than $250,000 per work.’’; and gravating or mitigating, as appro- leagues to support the passage of this bill in (D) by striking ‘‘The court shall remit priate. its amended form. statutory damages’’ and inserting the fol- Mr. Speaker, I want to thank the Mr. COBLE. Mr. Speaker, I have no lowing: chairman of the subcommittee for further requests for time, and I yield ‘‘(C) The court shall remit statutory dam- bringing this bill to the floor and for ages’’. back the balance of my time. Passed the Senate July 1, 1999. his consistent work in bringing bills to The SPEAKER pro tempore (Mr. MIL- strengthen our intellectual property MOTION OFFERED BY MR. COBLE LER of Florida). The question is on the Mr. COBLE. Mr. Speaker, I offer a laws to the floor. motion offered by the gentleman from Mr. Speaker, I yield back the balance motion. North Carolina (Mr. COBLE) that the The Clerk read as follows: of my time. House suspend the rules and pass the Mr. COBLE. Mr. Speaker, I yield my- Mr. COBLE moves to strike all after the en- bill, H.R. 1761, as amended. acting clause of the Senate bill, S. 1257, and self such time as I may consume. The question was taken; and (two- to insert in lieu thereof the text of H.R. 1761 Mr. Speaker, I thank my friend from thirds having voted in favor thereof) as it passed the House. California, and I was about to do the the rules were suspended and the bill, The motion was agreed to. same to him. We have worked very as amended, was passed. The Senate bill was ordered to be closely on this. This has taken a good A motion to reconsider was laid on read a third time, was read the third amount of time, both on the part of the table. time, and passed. gentleman from California (Mr. BER- Mr. COBLE. Mr. Speaker, I ask unan- The title of the Senate bill was MAN) and me as well as other members imous consent to take from the Speak- amended so as to read: ‘‘to amend pro- of the subcommittee and staff. All have er’s table the Senate bill (S. 1257) to visions of title 17, United States Code, done a good job. This is an important amend statutory damages provisions of relating to penalties, and for other pur- piece of legislation. title 17, United States Code, and ask poses.’’. Mr. ROGAN. Mr. Speaker, copyright viola- for its immediate consideration in the A motion to reconsider was laid on tions, particularly those via the Internet, are a House. the table. growing problem. H.R. 1761 the Copyright The Clerk read the title of the Senate A similar House bill (H.R. 1761) was Damages Improvement Act of 1999 ensures bill. laid on the table. that changes in federal law keep up with The SPEAKER pro tempore. Is there f changes in technology. This bill provides an objection to the request of the gen- GENERAL LEAVE effective deterrent against copyright infringers tleman from North Carolina? Mr. COBLE. Mr. Speaker, I ask unan- and Internet privacy. I am pleased to join the Mr. BERMAN. Mr. Speaker, reserving imous consent that all Members may chairman of the Courts and Intellectual Prop- the right to object, I do so simply to have 5 legislative days within which to erty Subcommittee, Mr. COBLE, and the gen- yield to my friend from North Carolina revise and extend their remarks on tleman from Virginia Mr. GOODLATTE, along to indicate his intentions with respect H.R. 1761, as amended. with the ranking member of the subcommittee, to bringing up the Senate bill at this The SPEAKER pro tempore. Is there the gentleman from California Mr. BERMAN, to time. objection to the request of the gen- make these significant improvements to the Mr. COBLE. Mr. Speaker, will the tleman from North Carolina? Copyright Act and the No Electronic Theft Act. gentleman yield? There was no objection. H.R. 1761 will increase the amount of statu- Mr. BERMAN. I yield to the gen- f tory damages available for copyright infringe- tleman from North Carolina. ment. Specifically, this bill, as amended, in- Mr. COBLE. Mr. Speaker, the purpose RECESS creases existing penalties for infringement by of this request is to amend the com- The SPEAKER pro tempore. Pursu- 50%. Further, the bill clarifies Congress' intent panion Senate bill and send it back to ant to clause 12 of rule I, the Chair de- that the United States Sentencing Commission the Senate with the amendment that clares the House in recess until ap- consider the retail price of a legitimate in- the House just passed. proximately 5:15 p.m. fringed-upon work and the quantity of the in- Mr. BERMAN. Mr. Speaker, reclaim- Accordingly (at 5 o’clock and 3 min- fringed upon works when determining sen- ing my time, I withdraw my reserva- utes p.m.), the House stood in recess tencing guidelines for intellectual property of- tion of objection. until approximately 5:15 p.m. fenses. The SPEAKER pro tempore. Is there f During the subcommittee's hearing on the objection to the request of the gen- b 1717 ``Implementation of the NET Act and Enforce- tleman from North Carolina? ment Against Internet Privacy,'' the concern There was no objection. AFTER RECESS raised about the lack of prosecutions being The Clerk read the Senate bill, as fol- The recess having expired, the House brought by the Justice Department and the lows: was called to order by the Speaker pro H6800 CONGRESSIONAL RECORD — HOUSE August 2, 1999 tempore (Mr. MILLER of Florida) at 5 States for his consideration so that it Mr. ARCHER. Mr. Speaker, I yield o’clock and 17 minutes p.m. would become law. myself such time as I may consume, f Yet, Mr. Speaker, nobody in the and I rise in opposition to the motion House or the Senate, no Democrats or to instruct conferees. APPOINTMENT OF CONFEREES ON Republicans, truly believe that any- Mr. Speaker, this motion it is almost H.R. 2488, FINANCIAL FREEDOM body believes the President is going to identical to the motion to recommit ACT OF 1999 sign such a bill. that was offered by the minority when Mr. ARCHER. Mr. Speaker, pursuant This thing rushed through the Com- the tax bill was debated on the floor of to clause 1 of rule XXII and by the di- mittee on Ways and Means in 1 day. the House and perhaps we might sim- rection of the Committee on Ways and And why? Because it was already pre- plify things by simply stipulating to Means, I move to take from the Speak- packaged. We already had an offer from the debate that occurred on that mo- er’s table the bill (H.R. 2488) to provide the majority that we had to refuse. A tion and then we could just go to a for reconciliation pursuant to sections similar thing occurred in the Senate. vote. 105 and 211 of the concurrent resolution So this evening we meet for the first But I am not sure that I am quite as on the budget for fiscal year 2000, with time. Do we really meet to work out eloquent as the gentleman from Okla- a Senate amendment thereto, disagree our differences in order to have a tax homa (Mr. WATTS); but I would say, Mr. to the Senate amendment, and agree to cut bill? No. We meet to see how Re- Speaker, that the American people are the conference asked by the Senate. publicans in the House and Republicans caught in a tax trap. The longer they The SPEAKER pro tempore. The gen- in the Senate can fashion a bill to such work, the harder they work, the more tleman from Texas (Mr. ARCHER) is rec- an extent that they know that the they pay. And that is wrong. ognized for 1 hour. President of the United States will Now the American people are simply Mr. ARCHER. Mr. Speaker, I yield have to veto it. And so instead of talk- paying too much. Perhaps it was unex- myself such time as I may consume. ing as legislators, instead of talking as pected, but they are paying too much. Mr. Speaker, this is the customary tax writers, we are having a political And the strongest proof of this is that motion to go to the conference with meeting to determine the campaign for the IRS is now accumulating more the Senate. I understand that the mi- the year 2000. cash and will accumulate more cash in nority has a motion to instruct which Chairman Greenspan had indicated the future. is debatable for 1 hour, so I would yield that he thought it would be best for the Americans are sending too much back the balance of my time. economy for us just to take a deep money to Washington and there is ac- The SPEAKER pro tempore. The breath, to do nothing. To just allow tually more money than is projected question is on the motion offered by hundreds of billions of dollars to pay for the government’s needs in which to down our national debt, to give a tax operate. the gentleman from Texas (Mr. AR- cut for everybody by reducing the in- Mr. Speaker, the problem is not that CHER). Washington does not have enough The motion was agreed to. terest for everybody. And then we say that after we take a look at this objec- money. The problem is that Wash- MOTION TO INSTRUCT OFFERED BY MR. RANGEL tive suggestion by Chairman Green- ington does not spend money effi- Mr. RANGEL. Mr. Speaker, I offer a span, we should do what every respon- ciently, prudently, productively. We motion to instruct conferees. sible citizen would want us to do, and should begin to cut out the waste in- The Clerk read as follows: that is to find out how much money do stead of saying we have got to have Mr. RANGEL moves that (1) in order to pre- we owe? How much money do we have? more money and more money and more serve 100 percent of the Social Security And why not pay off some of this debt money. Trust Fund surpluses for the Social Security before we move forward? I know there are those who believe program and to preserve 50 percent of the The Republicans would suggest, oh, that Washington knows best how to currently projected non-Social Security sur- pluses for purposes of reducing the publicly my God, we have to return this money spend the people’s money and they held national debt, and; to the taxpayers because if we do not, should not be given the opportunity to (2) in order to insure that there will be ade- we will spend it. Well, I know it is a do it because maybe they might make quate budgetary resources available to ex- very small majority that they have, a mistake; but it is their money, not tend the solvency of the Social Security and but they still are the majority. They ours and I am proud that the House and Medicare systems, and to provide a Medicare still are the leaders. And unless we Senate on a bipartisan basis think this prescription drug benefit, have an implosion, unless we have an is unfair and have passed good plans to The managers on the part of the House at exodus, it seems as though they will let people keep more of their money. the conference on the disagreeing votes of Yes, the plans are different, but they the two Houses on the Senate amendments have the majority at least until the to the bill, H.R. 2488 be instructed, to the ex- year 2000. So what are they afraid of if are both based on the principle that all tent permitted within the scope of con- they are the ones that are in control of Americans deserve to keep more of ference, to insist on limiting the net 10-year the spending? what they have earned. After all, it is tax reduction provided in the conference re- So we just hope that the motion to their money. If we keep it in Wash- port to not more than 25 percent of the cur- instruct the conferees is save Social ington, politicians will most surely rently projected non-Social Security sur- Security, save Medicare, and let the spend it. pluses (or if greater, the smallest tax reduc- conference say we do not need a polit- That has been the way it has been tion permitted within the scope of the con- ical statement, but we are going to throughout history. And over the last ference). come back together, send this bill hundred years right here in Wash- The SPEAKER pro tempore. The gen- quickly to the President to get the ington, over 70 percent of all of the sur- tleman from New York (Mr. RANGEL) veto that you are begging for, and then pluses that have ever been generated and the gentleman from Texas (Mr. AR- we will not have to debate throughout into the Federal Government have been CHER) each will control 30 minutes. August what the tax bill would have spent by politicians. Unfortunately, The Chair recognizes the gentleman been, but we can work together not as the motion before us is designed to from New York (Mr. RANGEL). Democrats, not as Republicans, but keep hundreds of billions of dollars in Mr. RANGEL. Mr. Speaker, I yield Members of the House and Senate to excess taxpayer money in Washington myself such time as I may consume. say to America we fixed the Social Se- to be spent. All along, we warned that Mr. Speaker, few people in the coun- curity system, we fixed the Medicare there would be enormous pressure and try and a lot of people in the House of system, we fixed the prescription drugs great temptation to spend this budget Representatives are unaware as to that are so necessary for our senior surplus on more government programs, what this procedure is in terms of citizens. Now we will review and see and it looks like we were right. But, going to conference. Civics 101 would what in the responsible way we can do Mr. Speaker, we do not need full-time dictate that the House and Senate con- to reduce the tax burdens on all of government and part-time families. We ferees are trying to come out in a con- America and not just the richest need part-time government and full- ference in working out their dif- among us. time families. ferences so that we can send a tax cut Mr. Speaker, I reserve the balance of This motion guts broad-based tax re- bill to the President of the United my time. lief for the taxpayers who created the August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6801 budget surplus in the first place. This The gentleman from Oklahoma (Mr. again.’’ Whenever Republicans want to motion threatens marriage penalty re- WATTS) said last week that that will lower the tax burden on families, my lief. This motion would make it tough- save Social Security. That will not friends on the other side of the aisle al- er for people who care for elderly rel- save Social Security. By putting the $2 ways say it is going to somehow hurt atives at home by blocking health and trillion in a lockbox, all that does is people when they lower their taxes. long-term care insurance incentives. make sure that Social Security prob- Now, where I come from, people tell This motion would stand in the way of lem does not get any worse, that it me their tax burden is too high. Our pension modernization that will help does not get any worse. That is what tax burden today is 21 percent of our more men and women enjoy retirement the issue is. But it will not solve that economy which is consumed by the security. problem. Federal Government. This motion would take away edu- In fact, what will be needed, if we do Since 1993, the tax burden has contin- cation incentives to make college more not want to cut benefits, is general ued to go up. In fact, in 1993, the tax affordable and to give parents the abil- fund money going into the Social Secu- burden was less than 18 percent. Today ity to save for their children’s edu- rity system. The bill of the gentleman it is 21 percent of our gross domestic cation and that is what is fair. from Texas (Mr. ARCHER) and the gen- product going to the Federal Govern- Mr. Speaker, we can save Social Se- tleman from Florida (Mr. SHAW) puts ment. That tax burden is too high. curity, strengthen Medicare, and pro- general fund money into the Social Se- When it comes to Medicare and So- vide for prescription drug benefit for curity system. cial Security, thanks to this Repub- needy seniors, pay down the debt and Now, we have a $1 trillion dollars sur- lican Congress, we have a balanced provide tax relief for the American plus that is projected, it is only pro- budget, the first balanced budget in 28 people. Mr. Speaker, 25 cents out of jected over the next decade in the on- years. It is now projected to provide a every dollar of surplus is what we are budget, non-Social Security surplus. If $3 trillion surplus over the next 10 talking about in this tax relief bill. in fact this tax cut goes through and years. Under our budget, of course we do There is plenty to do all of these other becomes law, and we all agree it prob- something that Congresses of the past things. ably will not, but assuming my col- and Presidents of the past for the last I hearken back again when I say deja leagues vote for this tax bill, that es- 30 years have refused to do; and that is, vu to 1995, 1996, and the beginning of sentially means that they are going to we set aside 100 percent of Social Secu- 1997 when the same people who offer favor cuts in benefits over the Social rity for retirement security to save this motion to instruct said, oh, we Security system. cannot give tax relief until after we Medicare and Social Security. I have to say the purpose of this vote Now these 3 dollar bills I have, each have balanced the budget. First things is to put Members on record so that the first. dollar bill represents $1 trillion. Under American public in the year 2000 will our budget, we set aside $1 trillion, $2 b 1730 find out who wants to protect Social trillion. In fact, we set aside two-thirds Yet, most of them voted for a tax re- Security and maintain the level of ben- of the so-called surplus over the next 10 lief bill when we did not even have a efits we have now or who wants to cut years for retirement security, leaving balanced budget. Most of them voted benefits. Because this vote, if my col- one-third for other purposes. for a tax relief bill almost as big as this leagues vote against this motion to re- We believe the vast majority of that one today that they call risky and irre- commit, they are saying, in the year extra surplus, the non-Social Security sponsible when we had no surplus pro- 2001, when we try to deal with Social surplus, should go to help working fam- jections at all. Security, that they are going to cut ilies, helping working families by low- We heard not one word about Social benefits, or an alternative, they may ering their taxes. Security. We heard not one word about want to raise payroll taxes, although I Now, folks complain their taxes are Medicare. We heard not one word about do not believe that is true, so they are too high. That is a common concern. paying down the debt. My how things going to be cutting benefits. But folks also tell me back home that change. So this vote against the motion to the tax code is too complicated. They To my colleagues on the other side recommit will be to cut benefits and are frustrated that they will have to who say we cannot, I simply remind Social Security. What we are talking hire someone else to do their taxes. them of the Democratic Senator from about here is a reduction in benefits of They are frustrated about the unfair- Nebraska, BOB KERREY’s comment 25 percent of the Social Security bene- ness of the tax code. Frankly, a lot of about their argument. He said, ‘‘To fits. them are just plain angry that, under suggest that we cannot afford to cut So I urge a ‘‘yes’’ vote on the motion our tax code, a married working couple income taxes when we are running a $3 of the gentleman from New York (Mr. on average pays $1,400 in higher taxes trillion surplus is ludicrous.’’ RANGEL). just because they are married. Mr. Speaker, I urge opposition to this Mr. ARCHER. Mr. Speaker, I yield Under this packaged tax relief to motion to instruct conferees. myself 1 minute simply to respond to help working families, we eliminate Mr. Speaker, I reserve the balance of the gentleman from California (Mr. the marriage tax penalty for a major- my time. MATSUI), and he is my friend. ity of those who suffer it. I have an ex- Mr. RANGEL. Mr. Speaker, I yield 3 This is the same sort of statement ample here of a couple back in Joliet, minutes to the gentleman from Cali- that we heard when we passed the last Illinois, Michelle and Shad Callahan. fornia (Mr. MATSUI). tax relief bill: One cannot balance the They are schoolteachers in the Joliet Mr. MATSUI. Mr. Speaker, I would budget and pass tax relief. One will be public school district. In fact, Michelle just like to make a couple observa- cutting benefits. One will be doing all here is due any day to have a baby, tions. As the ranking member of the these awful things. But we did it. their first child. Subcommittee on Social Security who I say, Mr. Speaker, today we can save They discovered when they got mar- has studied the issue of Social Security Social Security, we can save Medicare, ried that they now pay higher taxes now for 21⁄2 years, I have to say that we can give a prescription drug benefit, just because they are married. In fact, there was a lot of misleading informa- and we can pay down the debt, and we they pay the average marriage tax pen- tion passed on by the House of Rep- can give a small amount in tax relief to alty of $1,400. Their combined income is resentatives last week when we dis- the people who earned it. about $60,000. cussed this bill. Mr. Speaker, I yield 4 minutes to the Under our legislation we passed out There has been a lot of talk about a respected gentleman from Illinois (Mr. of the House, 70 percent of taxpayers lockbox and $3 trillion. The fact that $2 WELLER), a member of the Committee receive direct marriage tax relief. I be- trillion will be put in a lockbox, that in on Ways and Means. lieve by the time the House and Senate fact is Social Security money. That is (Mr. WELLER asked and was given work out their differences, more fami- payroll tax money coming in over the permission to revise and extend his re- lies like Michelle and Shad will receive next decade, 15 years, the $2 trillion. marks.) marriage tax relief. The problem is that will not preserve Mr. WELLER. Mr. Speaker, as Ron- We work to address the marriage tax Social Security. ald Reagan once said ‘‘Here we go penalty, addressing the unfairness in H6802 CONGRESSIONAL RECORD — HOUSE August 2, 1999 the tax code, and also simplify the tax they meet our current responsibilities. they had the White House, the House, code. Because in the House-passed tax We think that should be our first pri- and the Senate. They wanted govern- relief, 6 million couples will no longer ority. ment socialized health care. It failed need to itemize. Why do we say that? If they look at miserably. I would also point out that, under our the Republican bill to pass this House, They want government control of legislation, since Michelle is due to it not only spends the trillion dollars education and environmental laws. have a baby, like many moms like to during the first 10 years, but then it ex- They even want government control of do, she is a working mom, she may plodes after that, because it is private property. They want union over take some time off from being in the backloaded. It shoots up to $4 trillion small business. They want the highest work force to be home with her baby. over the next 10 years. Just as the baby possible socialized spending, and they Under the legislation we passed out of boomers are reaching the age of eligi- want the highest possible progressive the House, we are going to let Michelle bility for Social Security and Medi- tax that they can get. The highest pro- make up missed contributions to her care, we are not going to be able to gressive tax, income tax. retirement accounts with catch-up pro- meet our obligations for Social Secu- That is what the Democratic Party is visions. That will help Michelle and rity and Medicare. That is why we say controlled by, their leadership, the Shad and working families just like they cannot do both. We cannot do Democratic Socialists of America, the Michelle and Shad Callahan. both. Progressive Caucus. Guess what, one of This legislation is good legislation. Our priority is to protect Social Se- their agenda is also to cut defense by 50 We simplify the code by eliminating curity and Medicare. And how about percent to pay for that spending. the marriage tax penalty for millions paying off some of the debt? That will We fought to save Medicare, and the of working couples, by eliminating the help everybody. The Republicans on Democrats fought against it, dead death tax which is suffered by family one hand offer tax relief, they say; and fought against it, $100 million of union farmers and family businesses, by pro- then, on the other hand, they are going ads against it. In 1993 when they had viding alternative minimum tax relief to increase interest rates because of the White House, they had the Senate, to millions of middle class families their irresponsibility. and they had the House, they raised that now suffer the alternative min- That couple that was so nice that taxes. They promised a middle-class imum tax. Also, if one is self-employed, they are trying to help, they are going tax cut. What did they do? They in- an entrepreneur, we give 100 percent to lose all that money by increased in- creased the tax on the middle class. deductibility for one’s health insur- terest costs if they have any credit re- They increased the tax on Social Secu- ance, the same corporations get. sponsibility under any charge accounts rity. Today, one only gets 60 percent, and we or financing a car. They are going to Yeah, they made some cuts, and they believe one should get 100 percent. end up paying back more that is in the showed what their real stripes were be- Mr. Speaker, lowering taxes in a time Republican tax bill. cause they cut veterans’ COLAs, they of prosperity is a good idea. In fact, let This is an irresponsible and reckless cut military COLAs, and they in- me quote a Democrat on the other side proposal. That is why our motion to in- creased the tax on Social Security. of the aisle, BOB KERREY. He says, ‘‘To struct is an attempt to try to bring b 1745 suggest we cannot afford to cut income some sanity to what left this House as taxes when we are running a $3 trillion far as the tax relief is concerned. Now, we have a balanced budget, and surplus is ludicrous.’’ Fortunately, this bill will not be- we are going to have tax relief, not for Cutting taxes deserves bipartisan come law. That is the good news. The the rich, as the Karl Marx-Engels class support. President is going to veto it if it passes warfare Democrats talk about, but we Mr. RANGEL. Mr. Speaker, I yield anywhere near its current form. We do are going to have a tax break for work- myself 10 seconds to thank the gen- not believe that we should go back to ing Americans. tleman from Illinois (Mr. WELLER) the 1980s when we tried trickle-down Mr. RANGEL. Mr. Speaker, I yield making this so personal in sharing the economics and we were told that tax myself 10 seconds just to say that Her- happiness of Shelly and Shad Callahan, cuts were going to help our economy, bert Hoover is still alive and Herbert and I would like to wish them well. But and all it did was grow our debt. Hoover is well. The same accusations if they are really looking for a sim- Now, I understand the Republicans that were made against President plification from what is going on in the did not support the 1993 economic pro- Franklin Roosevelt for the Social Se- House and Senate conference, they are gram that brought about our pros- curity System we hear today. in for a nightmare. perity. We understand that. But do not Mr. Speaker, I yield 3 minutes to the Mr. Speaker, I yield 3 minutes to the turn the clock backwards and try to gentleman from Michigan (Mr. LEVIN). gentleman from Maryland (Mr. accumulate large debt again. (Mr. LEVIN asked and was given per- CARDIN). We do have projected surpluses in the mission to revise and extend his re- Mr. CARDIN. Mr. Speaker, first, let future. Let us use that to pay down our marks.) me correct the gentleman from Illinois debt so that we can continue the eco- Mr. LEVIN. Mr. Speaker, I want to (Mr. WELLER) in that we do not have a nomic prosperity that we have. Let us get back to the subject at hand. When balanced budget. We do not have a bal- meet our obligations under Social Se- the Republican leadership was trying anced budget today unless they count curity and Medicare. Let us invest in to find the votes for the bill, the major- the surplus for Social Security gen- the priorities that are important, in- ity leader said this: ‘‘You always know erated income, and none of us want to cluding responsible tax legislation. how many horses are in the herd, it is do that. This bill is irresponsible. The motion just a question of how long it takes to They talk about $3 trillion over the to instruct corrects it. I urge my col- get them into the barn.’’ Well, I hope next 10 years. We do not have that. If leagues to support the motion. that some of the horses that went into they look at what is the on-budget sur- Mr. ARCHER. Mr. Speaker, I yield 2 the barn will take a second look and plus that we all acknowledge is money minutes to the gentleman from Cali- get out of this barn before we get a that could be used, we have a projected fornia (Mr. CUNNINGHAM). roaring deficit once again that would $1 trillion surplus over the next 10 Mr. CUNNINGHAM. Mr. Speaker, I burn it down. years; and we have not seen dime one want my colleagues to look up in the The proponents of this bill like to of it yet. Yet, the Republicans want to web page www.dsausa.org. It stands for talk about a $792 billion cost, but look spend the surplus before we get the sur- Democratic Socialists of America. at the second 10 years. It would be $3 plus. That is not responsible. In there, the Progressive Caucus, 58 trillion, $3 trillion. And the timing We are talking about what should the Members of the Democratic party be- could not be worse, as this chart shows, priorities be, and the Democratic mo- long to that. What do they want, Mr. because at the time there would be an tion makes it clear that our priorities Speaker? This is their own 12-point explosion, an explosion, in terms of should first meet our current respon- agenda, not mine, but their 12-point revenue loss that same second 10-year sibilities under Social Security and agenda. They want government control period, the Social Security surplus be- Medicare, not an expanded role, but of health care. They tried that when gins to fall. During the same period, August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6803 Medicare runs out of money, 2015. And documents, ‘‘The President’s proposals will not listen to them, they should lis- during that same period, non-Social would spend most of the projected on- ten to the chairman of the Federal Re- Security budget surpluses begin to fall. budget surpluses.’’ Would spend them. serve, Mr. Greenspan, who has vocally Look, there could not be anything And the debt would increase by a denounced a massive tax cut initiative worse in timing. But to make it even greater amount than under the budget such as the ones passed by the House worse, the projected surpluses do not that we Republicans passed this year and the Senate as potentially harmful even include recognition that there and is now the congressional budget for to our Nation. may be emergency supplementals. the United States of America. This bill does not strengthen Social Listen, I say to the Republicans, to a Will it be easy? No, it will not be Security and Medicare and it does not fellow Republican, Alan Greenspan, easy. We need to assure the taxpayers assist our school districts with build- who serves in a nonpartisan position at that the money that they send here is ing new schools and modernizing their the moment. Here is what he has said spent right and not wastefully, instead old, outdated, and ofttimes unsafe ex- about the Republican bill. ‘‘Hold off for of merely saying we have to throw isting structures. a while,’’ ‘‘the timing is not right for more money at it. And there is more In closing, Mr. Speaker, I ask my col- your bill,’’ ‘‘allow the surpluses to run than enough money in the Social Secu- leagues to envision one classroom in for a while.’’ rity surplus to pay down the Federal my district. A single-room classroom The chairman of the Committee on debt, to save Social Security, to save with 50 kindergarten students in it, Ways and Means refers to the 1997 tax Medicare. two teachers, and no funds under this bill, $275 over 10 years. This is a $3 tril- The charts that my friend from tax proposal to improve the situation lion tax cut over 20 years. This is a ri- Michigan used are a little outdated. I in the near future. diculous, a reckless, and an irrespon- am sure he did not prepare them re- Mr. Speaker, I urge my colleagues to sible proposal. It would return our cently, in the last 24 hours. The Senate support this motion to instruct con- country to the days of borrow and already, by their rules, prohibits any ferees. Mr. ARCHER. Mr. Speaker, I yield spend. additional revenue losses outside of the I heard the chairman of our com- 10-year window. They are shut off to- myself such time as I may consume, because again Mr. Greenspan’s com- mittee say we can do it all; it is easy. tally. Not $1 is permitted to be used for ments are taken out of context. He said We can do everything. Do not worry, be tax relief outside of the 10-year win- that as between tax relief and spend- happy. Well, if this law ever were en- dow. ing, he would far prefer tax relief. In acted, this country would be very sad. Besides that, there are no official fact, he said, ‘‘It is not even a close The Republican Party is becoming the projections for the years after 10 years, call.’’ spendthrift party. The spendthrift so one can only guess. There are not of- ficial government documents, but The Congressional Budget Office has party. just certified that the President pro- This is reckless, it is irresponsible, under the Senate provisions that must be complied with, there is not $1 of rev- poses to spend almost all of the pro- let us vote for the motion to instruct. jected on-budget surplus. Mr. Green- Mr. ARCHER. Mr. Speaker, I yield enue loss outside of the 10-year win- dow. So the gentleman needs to find a span would most certainly say that tax myself such time as I may consume. relief is better than spending from the I would say to the gentleman from new chart for his next speech. Mr. Speaker, I reserve the balance of surplus. In fact, he did say it and he Michigan, I did not say it was easy. I my time. will continue to say it. did not say it would be easy to balance Mr. RANGEL. Mr. Speaker, I yield 2 Mr. Speaker, I reserve the balance of the budget and give tax relief, but we minutes to the gentleman from New my time. did it. And the President himself York (Mr. CROWLEY). Mr. RANGEL. Mr. Speaker, I yield 1 speaks over and over again about the (Mr. CROWLEY asked and was given minute to the gentleman from Kansas accomplishment of a tax bill that we permission to revise and extend his re- (Mr. MOORE). pushed, and a balanced budget that we marks.) Mr. MOORE. Mr. Speaker, I also pushed. He claims that. Mr. CROWLEY. Mr. Speaker, I rise to would like to speak to the last gen- I did not say it would be easy. It will support the Democratic motion to in- tleman who spoke and say that I also not be easy. What I did say is it is not struct conferees on the Republican tax heard Mr. Greenspan in the Committee that Washington does not have enough bill. on Banking and Financial Services. I money to spend, but if we get tough America needs a fiscally responsible heard what he said, and what he said and we eliminate the waste and we be- tax bill, not an excessive and reckless was, ‘‘My first preference is to pay come prudent and productive in the $800 billion tax cut, almost a trillion down debt.’’ My first preference is to utilization of the taxpayers’ dollars, we dollar tax cut. A tax bill of this mag- pay down debt. Now, maybe the major- do not have to keep adding bushels and nitude stands in the way of strength- ity knows something Alan Greenspan bushels of money by taxing the Amer- ening Medicare and Social Security does not, but I do not think so. I do not ican people more and more and more. and threatens the progress we have think so. They earned it; they produced it; they made in eliminating the deficit and re- We have a $5.6 trillion debt in this worked hard for it; and Washington is ducing the national debt, and it does country. We have an opportunity for enjoying a windfall. Maybe there nothing, it does absolutely nothing, to the first time in a generation to do the should be a new windfall profits tax on help our crumbling schools. right thing and put our financial house the windfall to Washington to let the My constituents have demanded this in order. The question is whether we people keep more of their money. Congress strengthen and protect Social will step up to the plate and do that or As far as Alan Greenspan is con- Security and Medicare as well as to we will take the money and run and cerned, a lot of what he said has been continue to pay off the national debt, hand the debt to our children and taken out of context and it needs to be rather than give tax breaks to the top grandchildren. set straight. He said, ‘‘If you can save 1 percent of Americans. I am not argu- It is simply not right. It is uncon- the money, save it.’’ If. ing there are no Americans who need scionable and we should not do it. The And he knows full well what the halls tax relief, but let me just add that no fiscally prudent and the financially of history teach this country and other one on this side of the aisle has said no sound thing to do is to use 50 percent countries that are democracies, and one in this country needs some tax re- to pay down the debt, 25 percent for tax that is that politicians will spend the lief, we are saying just do not give it to relief, and 25 percent for Social Secu- surplus. Let me repeat again that in the 1 percent richest people on this rity and Medicare. the last 100 years every surplus gen- planet. Many middle income families Mr. ARCHER. Mr. Speaker, may I in- erated by the Federal Government, 70 would greatly benefit from affordable quire how much time is remaining on percent has been spent by the politi- tax cuts, however, these families are each side? cians. That is a history of surpluses not the ones assisted by the Republican The SPEAKER pro tempore (Mr. MIL- that are left to ‘‘ride’’ unencumbered. tax bill. LER of Florida). The gentleman from What does the President do? In his Mr. Speaker, please listen to the Texas (Mr. ARCHER) has 14 minutes re- budget, and I now cite from the CPO American people. And if my colleagues maining, and the gentleman from New H6804 CONGRESSIONAL RECORD — HOUSE August 2, 1999

York (Mr. RANGEL) has 13 minutes re- plication of the Tax Code and also in Two weeks ago this House had a his- maining. various areas like the marriage pen- toric opportunity that every business- Mr. ARCHER. Mr. Speaker, I yield alty, and one I really want to focus on man and woman understands. That is, 31⁄2 minutes to the gentleman from is retirement security. when faced with a choice of paying Ohio (Mr. PORTMAN), a respected mem- In this bill our provisions are the down the debt or spending the surplus, ber of the Committee on Ways and most fundamental changes in retire- we should pay down the debt. We had a Means. ment security in well over a generation motion on the floor that would dedi- Mr. PORTMAN. Mr. Speaker, I thank that allow every American to have the cate 50 percent of the on-budget sur- the gentleman for yielding me this ability to save more money for them- plus to paying down the debt, 25 per- time, and I would like to say that he selves for their own retirement. It lets cent to tax cuts, 25 percent to priority deserves a lot of credit for getting this everybody save more on their 401(k) ac- spending needs such as Medicare and bill through the House and for having count. It allows everybody coming Social Security. spent this weekend working with the back into the workforce at age 50 or Today we are trying again. Senate to come up with a compromise above, particularly helpful to women Where have all the fiscal conserv- package that will, in the end, be able who have stayed at home to raise kids, atives gone in the Republican Party? to give taxpayers the relief that they to put more into their defined con- Fiscal conservatives do not spend so well deserve. tribution plans, 401(k)s, 457s, 403(b)s, money that we do not even have yet. Mr. Speaker, I rise in strong opposi- and so on. Fiscal conservatives do not ignore the tion to the motion to instruct. I was It expands all the defined benefit advice of Federal Reserve Chairman watching it over in my office and plans. These are plans that are, unfor- Alan Greenspan. Fiscal conservatives thought I should come over and talk tunately, dying on the vine out there. do not gamble with our economic secu- about the fact that the Financial Free- There are fewer and fewer of them rity, our health security, our retire- dom Act that the gentleman from being offered. We go into these plans. ment security. Fiscal conservatives un- Texas (Mr. ARCHER) and others have We enable people to save more. We en- derstand that paying down the debt put together, so many of us have had a able people to get more in terms of a means lower interest rates. Fiscal con- part in this, is, in fact, not fiscally ir- benefit. We enable people who are in servatives do not pass on debts to our responsible but it is simply taking multi-employer plans, section 415, to be children and our grandchildren. And what is $3 trillion in projected sur- able to get more into their own retire- fiscal conservatives do not backload pluses over the next 10 years and allow- ment, taking away some limits that do tax cuts into an uncertain future. ing the taxpayers to keep a little more not make any sense. It will help in the The President is right to veto this of their hard-earned money, roughly end every single American. bill. We can take it up next year. What one-third of that amount, rather than What I love about this is that 77 per- is the rush anyway? There is only $5 spending it here in Washington on new cent of pension participants are pre- billion in tax cuts next year out of the programs. cisely the people we are trying to help $792 billion in the bill, and half of that It comes down to a philosophical dif- the most who make under $55,000 a is extenders. ference, really. The philosophical dif- year. It is in this bill, and it is pre- Only six-tenths of 1 percent of the ference is that Republicans believe peo- cisely what this Congress ought to be tax relief will be effective next year, ple should be able to keep more of their doing, in the context of tax relief, sim- fiscal year 2000. The 10 percent across- hard-earned money, and the other side plifying the Tax Code, increasing the the-board tax cut, the increase in believes that it ought to be spent. savings rate in this country, and fi- standard deduction to reduce the mar- Now, we have talked about Alan nally providing retirement security for riage penalty, those could not even Greenspan here a lot today. I heard millions of Americans. happen next year. There is little tax re- Alan Greenspan testify before the Com- Sixty to 70 million Americans do not lief in the bill next year, so what is the mittee on Ways and Means, and I ques- have any kind of pension at all now. rush? tioned him. He was very straight- Millions of those Americans will be I say pay down the debt. Do what is forward. He said if it is going to be able to get immediate retirement secu- right for our children, right for Social spent or it is going to be sent back in rity from the legislation that is con- Security, right for Medicare, and right terms of tax relief, he would far prefer tained within this tax bill. for America. tax relief. In fact, he said it is not even Again, I commend the chairman. I Mr. ARCHER. Mr. Speaker, what is a close call. hope we can move on from this motion the time proration again, please? Now, Alan Greenspan may believe if to instruct, get this legislation to- The SPEAKER pro tempore (Mr. MIL- it were to stay here in Washington that gether between the House and the Sen- LER of Florida). The gentleman from it would be used to reduce the surplus. ate, and get it to the President where, Texas (Mr. ARCHER) has 101⁄2 minutes I find that hard to believe when I look hopefully, he will change his mind and remaining. The gentleman from New at the President’s own budget proposal, sign it for the American taxpayer. York (Mr. RANGEL) has 11 minutes re- which in fact spends the money. In Mr. RANGEL. Mr. Speaker, I yield 2 maining. The gentleman from New fact, in this tax bill there is more debt minutes to the gentleman from Texas York has the right to close. relief than there is in the President’s (Mr. TURNER). Mr. ARCHER. Mr. Speaker, I reserve proposal, based on what the Congres- Mr. TURNER. Mr. Speaker, the Re- the balance of my time. sional Budget Office, the nonpartisan publican tax message is one that we Mr. RANGEL. Mr. Speaker, I yield Congressional Budget Office, just told cannot trust Congress to act respon- 21⁄2 minutes to the gentleman from us last week. sibly with the surplus. California (Mr. BECERRA), a member of Second, I believe that if we look sim- They say, get the money out of town the Committee on Ways and Means. ply at the record of the last 40 years, before it even arrives here yet. Is it not (Mr. BECERRA asked and was given we will see that every time there is in- a little bit ironic to think their theme permission to revise and extend his re- deed a surplus in this town, Congress is one cannot trust the Congress to marks.) turns around and spends it, expanding manage money wisely, when they in Mr. BECERRA. Mr. Speaker, I thank Federal programs already in place and fact are in the majority? Do my col- the gentleman for yielding me the creating new programs. leagues not think that we could be dis- time. ciplined enough just to run one true Mr. Speaker, I rise in support of the b 1800 budget surplus before we spend what motion to instruct. I hope we will vote So what we are saying is very simple, we do not even have yet? for this motion to be responsible and to which is one dollar out of the three If a business had borrowed money be prudent. ought to go back. from a bank to operate for 25 years We have to remember, we are not at Second, I want to make the point straight and for the first time in 25 a crap table in Washington, D.C. This that this tax bill contains a number of years showed a small profit, would we is not Vegas. And I have seen the trick wonderful provisions for the taxpayer not think we would try to pay down made with the $3. I hope that all Amer- in terms of relief from excessive com- that huge debt? icans understand that the $3 we keep August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6805 hearing about, these $3 which represent wants to speak against the motion to tax cuts to death, as well. But that is $3 trillion, when we talk $2 trillion instruct. not the alternative that he was pre- being saved for Social Security, we are Mr. RANGEL. Mr. Speaker, reclaim- sented. There is the alternative instead not saving it for Social Security; we ing my time, that does not sound fair. of this massive tax cut bill of reducing are just telling all the people who con- Let me say this. Would the chairman the Federal debt. When he was asked tributed this money, the Social Secu- want me to have all of the Democrats last week about this House and Senate rity contributors, the taxpayers who speak and then close the argument de- Republican approach to taxes, he said give out of their payroll taxes that bate? it would be ‘‘creating a risk that I money, that we are going to reserve it. Mr. ARCHER. Mr. Speaker, if the don’t think we need.’’ Because that is what it was supposed gentleman will continue to yield, I We do not need to jeopardize either to go for. It was never meant to be served in the minority for 24 years, Social Security or our economic suc- spent for tax cuts or something else. So where I was greatly outnumbered. So I cess. And the leading Republican eco- when my colleagues talk about the feel very comfortable today being by nomic expert in this country is the one three, take the two off the table. Be- myself here. who said we ought not to do it. If he cause no one would want us to play Mr. RANGEL. Well, I guess that were here tonight, he would be endors- with that money. makes sense. But what I am trying to ing the motion of the gentleman from When we take out of people’s pay- do is to find out whether or not my col- New York (Mr. RANGEL), which is only check every month Social Security league intends to be the last speaker a motion to assure a fiscally respon- taxes, we do not tell them it is for tax before I close the debate. Because I sible bipartisan alternative; and it cuts or anything else. We tell them it have half a dozen people here and I just ought to be preferred over this tax is for their retirement. want to know, with the time being break and borrow-more scheme that is So we are left with $1 trillion, this $1 what it is, I have 8 minutes and my col- being advanced by our Republican col- bill. Most of that, under this Repub- league has 11, I do not know how to leagues. lican bill, would go to tax cuts, some space it. Mr. ARCHER. Mr. Speaker, I yield 3 $800 billion dollars. Mr. ARCHER. Mr. Speaker, if the minutes to gentleman from Arizona Now, if we take that $800 billion tax gentleman will continue to yield, when (Mr. HAYWORTH), A respected member cut, two-thirds of all that money, two- he gets to his last speaker, then I will of the Committee on Ways and Means. thirds of this $1 trillion is going to go be glad to yield the balance of my Mr. HAYWORTH. Mr. Speaker, I to 10 percent of all of America. The 10 time. thank my colleague, the esteemed Mr. RANGEL. Very good. I under- percent wealthiest tax filers get two- chairman of the House Committee on stand. thirds of this dollar. That means the Ways and Means, for yielding me the Mr. Speaker, I yield 2 minutes to the remaining one-third is left 90 percent time. of America. That is what we get with distinguished gentleman from Texas As I walked onto the floor, Mr. this tax bill. (Mr. DOGGETT), a member of the com- Speaker, I was greeted by the familiar But forget about all that because all mittee. incendiary rhetoric of my friend from this is just projections. We do not Mr. DOGGETT. Mr. Speaker, this Re- Texas. While I appreciate his ability to know what kind of surplus we will publican tax bill has declared Christ- frame in the most extreme terms what have. The projection is we will have a mas while it sizzles. is a reasonably prudent bill and action large surplus. But this is all like play- On this Christmas tree that has been to give the American people more of ing craps on a crap table. They are erected here in Washington, one will their hard-earned dollars, give it back shooting and hoping and praying that find a package wrapped up for anyone to them, I do find it interesting that they win. who has a lobbyist and a political ac- But what happens if they do not? Let tion committee. my friend from Texas supported tax re- me put it to my colleagues this way: There is one break after another. duction in 1997 when this government the average tax cut for someone who They think nothing of having the tax- was still in a deficit and yet he would earns about $50,000, a couple who earns payers subsidize 80 percent of the cost use all matters of extreme rhetoric to about $50,000 under the Republican tax of a $100 bottle of cabernet or a two- try and mischaracterize the essence of bill is about $200 per year. And that is martini lunch. They want the tax- what we are doing here as the respon- when we have got some of these provi- payers to subsidize our defense con- sible majority in the United States sions fully phased in. Because, by the tractors to go out and start more arms House of Representatives as we prepare way, in the year 2000 no one is going to races around the world. And these con- to go to conference with our friends get $200 in tax relief if they earned ferees will even be considering a tax from the other body. about $50,000. They have got to wait subsidy for chicken manure, something I think the motion offered from my until all these provisions are phased in. that many people have said symbolizes good friend from New York (Mr. RAN- But say they are all phased in. They this entire bill. GEL), the ranking member of the com- get about $200 in tax cuts. They are not Instead of simplifying the Tax Code, mittee, shows the length to which the going to have it. Because all they have this bill makes the Tax Code even more minority will go to separate the Amer- to do is save that money, use it for complex, and it certainly does not re- ican people from their hard-earned debt relief; and if they have a $20,000 duce the abusive billions of dollars that money. It is sad but true, and the rhet- debt, interest rates go down by one per- occur in corporate tax shelters that all oric indicates it and so does the motion cent, they will save $200. Do not vote the rest of us end up having to pay. to recommit. for the tax bill. Vote for this motion to And of course when it comes to fair- Mr. Speaker, as we have documented instruct. ness, this Christmas tree, while it siz- before, we talk so much about billions Mr. ARCHER. Mr. Speaker, I reserve zles, is one that provides a third of its and trillions of dollars in this body and the balance of my time. proposed individual tax benefits to the on the airwaves across America that Mr. RANGEL. Mr. Speaker, I have so wealthiest one percent of Americans. sometimes we tend to lose focus about many speakers, perhaps the distin- It is truly amusing to listen to this what it is our common sense majority guished chairman of the Committee on debate about Alan Greenspan. After proposes. Ways and Means might yield some time all, what difference does it really I think the best way to characterize to us so that we could allow the Mem- make? Well, the difference I think cen- it, Mr. Speaker and my colleagues, is bers to speak out. ters on the fact that he is a President to ask us to take a look at these $3 Mr. ARCHER. Mr. Speaker, will the Ronald Reagan appointee, an admitted bills and let them represent the $3 tril- gentleman yield? Republican, who has been given credit lion of surplus that this government Mr. RANGEL. I yield to the gen- by many people, Democrats and Repub- will have in the years to come. This is tleman from Texas. licans, for the success of our economic what we propose to do, to lock away al- Mr. ARCHER. Mr. Speaker, I would expansion. most $2 trillion dollars to save Social be happy to yield adequate time to It has been said he would prefer tax Security and Medicare. And that leaves anyone on the side of my colleague who cuts to spending. My guess is he prefers the remaining trillion dollars. H6806 CONGRESSIONAL RECORD — HOUSE August 2, 1999 This is the crux of the question, when and provide more Medicaid dollars. I defense by $68 billion? You are not we get through all the legislative leg- would hope my colleague from Texas going to do it. erdemain and the name calling, this and all of my colleagues, Republicans The Committee on Appropriations question remains at the end of the day. and Democrats, will come down on the met last week. It did not do it. It will not do it. And so if you do not do it, b 1815 side of middle-income tax cuts and sav- ing Social Security, Medicare and Med- $720 billion of the $792 billion tax cut is To whom does this money belong? We icaid. not there. It evaporates because it is would say, in the common sense major- Mr. ARCHER. Mr. Speaker, I yield built upon a false assumption. You ity, this money belongs to the people myself such time as I may consume. know it and we know it and that’s why who earned it, not to the Washington Mr. Speaker, the one thing that has you should support this truthful in- bureaucrats. Let us take this money not been debated tonight yet is what is struction to the conferences. and return it to the hardworking tax- in the Democrats’ motion to instruct. Mr. ARCHER. Mr. Speaker, I yield 2 payers who have been called on again One thing that is not in it is a 10 per- minutes to the gentleman from Michi- and again and again to feed the gaping cent across-the-board tax relief to all gan (Mr. CAMP). maw which is this insatiable Wash- working Americans and families, men Mr. CAMP. I thank the distinguished ington bureaucracy. and women who made this surplus pos- gentleman for yielding me this time. And so the gentleman’s motion to in- sible. What is not in it is marriage pen- Mr. Speaker, I think it is important struct conferees again asks us, after we alty relief for millions of Americans to point out that we are here talking have seen the largest tax increase in who are being punished simply because about this measure only after we have American history, so extreme a tax in- they got married. That is not in their a balanced budget. We have passed leg- crease that over 10 years’ time it asked motion to instruct. They do not in- islation to set aside the surplus to save for an additional $800 billion from the clude education incentives on student Social Security and Medicare. We have pockets of every American, we are told loan interest payments, education sav- locked that Social Security surplus somehow that is responsible, a tax in- ings accounts, and making prepaid col- away in a lockbox, and we are talking crease so extreme that it was retro- lege tuition plans tax-free. Those edu- about part of what is left. active, to take money from taxpayers I think it is important to point out cation provisions are not in their mo- beyond the grave in terms of the death that the average American family, and tion to instruct. Health care provi- tax. I repeat, the average American family sions, providing a tax deduction for What we simply say is, Americans today pays double in taxes what it paid people who buy their own health insur- have had enough of this. We should put only in 1985. Today’s tax burden is the the death tax to death, we should re- ance, and for long-term care, including highest ever in peacetime history. duce the marriage penalty, and I am help for people who take care of their I think the key question is, should glad my friend from Texas mentioned elderly in their own homes. Our plan your hard-earned tax dollars stay here the special interests. Because, as we has those provisions. It is nowhere to in Washington to be spent on new Fed- have seen throughout the years, no one be found in the Democrats’ motion to eral programs? Or should they be re- accedes to the special interests more instruct. The Democrat motion has no turned to you, the taxpayer, who sent than the previous liberal majority. strengthening of our pension system to them here in the first place? I think Mr. Speaker, I stand with my friends help more American workers, particu- the answer is pretty clear that you, the on the right. Reject the motion to in- larly women, get a pension and have taxpayer, deserves the money. struct conferees. greater retirement security. No, that is We have over $1 trillion in non-Social Mr. RANGEL. Mr. Speaker, I yield 1 not in their motion. Security surplus, and I think we abso- minute to the gentlewoman from Texas To 100 million American investors, lutely must return the taxpayers’ (Ms. JACKSON-LEE). the Democrats say, ‘‘Sorry, you’ve got money to the people who sent it here. (Ms. JACKSON-LEE of Texas asked to keep paying taxes on your savings Our bill means that the average Michi- and was given permission to revise and every time you sell an asset.’’ To 68 gan factory worker and his family will extend her remarks.) million Americans who have small sav- save $1,000 in income taxes. Our across- Ms. JACKSON-LEE of Texas. Mr. ings accounts, the Democrats have no the-board rate reduction will save the Speaker, I thank the gentleman from provision in their motion to instruct to seniors who live in my district over New York for yielding me this time. I help. And the Democrats’ tax hike, be- $500 in income taxes, and, if that senior rise to support the motion to instruct. cause that is what they proposed in has a mutual fund, will cut her invest- Mr. Speaker, I wish we had time for their substitute, and this motion does ment tax rate so that more of her sav- a philosophical debate as was just not even lessen the unfair death tax or ings can stay with her, not the govern- given by my esteemed colleague, but the punitive alternative minimum tax. ment. we have business to do. I would simply This motion is a turnback to the days Mr. Speaker, I believe tax relief is tell him that from the far reaches of of more taxes and more spending and needed. There is no doubt about that. my district and the people that I have away from the days of economic We have balanced the budget, we have spoken to, businesspersons, they say growth and opportunity for every set aside money for Social Security they do not want a tax cut that is so American. which pays down the debt, and I think enormous that it damages Social Secu- Mr. Speaker, I reserve the balance of now is the time for the American peo- rity and Medicare, they do not want a my time. ple to reap the rewards of their hard tax cut that will increase the national Mr. RANGEL. Mr. Speaker, I yield 1 work. I urge that we vote against the debt by $1 trillion over the next 10 minute to the gentleman from Virginia motion to instruct. years, will increase the national debt (Mr. MORAN). Mr. RANGEL. Mr. Speaker, I yield 2 by an additional $4.4 trillion over the Mr. MORAN of Virginia. Mr. Speak- minutes to the gentleman from Texas next 10 years. What they want is a fam- er, I think the biggest problem with (Mr. STENHOLM). ily-friendly, middle-income tax cut and this tax cut is that it is built upon a (Mr. STENHOLM asked and was what the Harris County citizens want false assumption, a false assumption given permission to revise and extend is the ability to be able to support the that at least the majority party is not his remarks.) Harris County Hospital District with willing to admit, and, that is, that of Mr. STENHOLM. Mr. Speaker, my Medicare and Medicaid dollars so that the $792 billion tax cut, $720 billion is friend from Texas left off a few other we do not have to cut 165 beds, cut the attributable to cutting the existing things that are not in the motion to in- treatment for AIDS and cancer, and I level of Federal spending by 29 percent struct. There is not a $200 billion in- would imagine the public hospital sys- below today’s current spending level. It crease in the national debt over the tems around this Nation are crying is not going to happen. next 5 years. There is not a $3 trillion now because we are taking $800 billion The majority party is not going to increase in our national debt from 2011 away from treating sick people, closing cut veterans spending by 28 percent, to 2020, or $4.5 trillion of additional beds, denying them service. agriculture by 33 percent, the FBI by 28 debt when you add in interest. That is What we want is a motion to instruct percent. Are you going to cut transpor- also not in the Democratic motion to to protect Social Security, Medicare, tation by 23 percent, are going to cut instruct. August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6807 The motion to instruct is truly a de- While my Republican colleagues are correct pay down the debt, deal with Social Se- bate about priorities and values. The when they say that the lockbox requires us to curity and Medicare first, and then priorities, we believe very strongly this use the $2 trillion in Social Security surpluses talk about tax cuts. Do not spend pro- is the time for us to use that which we to pay down the debt held by the public, they jected surpluses that may not ever have the opportunity to do, and, that forget to mention the rest of the story: that we exist and certainly do not exist today. is, to pay down our national debt. We will be accumulating $2 trillion in IOUs to the Let us take this terrible burden of a do have a surplus. This is the time for Social Security trust fund at the same time. If $5.6 trillion national debt off our chil- us to be fiscally responsible and pay the lockbox is successful in requiring us to dren. Vote for the motion to instruct. down the national debt. This is the save future Social Security surpluses, it will Mr. ARCHER. Mr. Speaker, I yield time for us to be dealing with a very prevent us from digging the hole deeper, but the balance of my time to the gen- serious problem of 2014 and Social Se- it won't do anything about the $5.6 trillion hole tleman from Florida (Mr. SHAW), the curity, of which the gentleman from we have already dug for ourselves. chairman of the Subcommittee on So- Texas certainly knows and the gen- Despite all of the talk about the debt reduc- cial Security. tleman from Florida (Mr. SHAW) here tion trigger added to the tax bill, the debt left The SPEAKER pro tempore (Mr. MIL- knows that unless we do some things of for future generations to pay would not be one LER of Florida). The gentleman from a responsible nature soon, we will have dime smaller than the tax bill passed by the Florida is recognized for 2 minutes. deeper problems in 2014. That is what House. In fact, the national debt would in- Mr. SHAW. Mr. Speaker, I thank the we ought to be doing. That is what the crease by $200 billion over the next five years gentleman for yielding me this time. motion to instruct is all about. Do not under the Republican tax bill according to their In looking at what is before us and have a tax cut today. What we should own numbers. the guidelines in which the tax bill be debating this week before we go My Republican friends will say that the that is presently going to conference is home is Social Security reform. What President's budget will increase the debt as drawn, and looking at that in compari- we ought to be dealing with is Medi- well because his budget uses some of the sur- son with the motion to instruct, these care and Medicaid reform. We ought to pluses for new spending. I agree with much of tax bills, both the House and the Sen- have the debate on this floor right now those criticisms, but that is not what we are ate, were very carefully drawn and dealing with the problems of our hos- talking about today. The motion before us crafted within the budget limitations. I pitals around the country that are say- today provides that we should reduce the debt think it is very important for this ing to me, ‘‘Unless you deal with some and deal with Social Security and Medicare House to realize that the budget that of our problems by October the 1st, we before we talk about tax cuts or new spend- passed this House and the Senate and, must close.’’ That is what we ought to ing. under which this tax bill is tailored, be doing. The only way to truly reduce burden on fu- pays down the debt more than the Really and truly what this motion to ture generations is to lock up a significant por- President’s budget. instruct is all about is just saying ‘‘no’’ tion of the non-Social Security surpluses to re- We have heard a lot of rhetoric this to a tax cut first, let us deal with So- duce debt held by public. That is what this afternoon regarding Social Security. cial Security, let us deal with Medicare motion to instruct calls on our conferees to do. b 1830 first and then let us bring a tax cut to Paying down the national debt is the most the floor. important thing Congress can do to maintain a There is a bill, that will be filed If we would only do that, we would strong and growing economy with low inflation shortly, that the people on both sides send the kind of message to our chil- and providing working men and women with a of the aisle are fully versed in, that is dren and grandchildren that they need tax cut in the form of lower mortgages, lower the Archer-Shaw bill that could save to hear. We should not be spending credit card payments, etc. Reducing our $5.4 Social Security for all time. There is their future inheritance today based on trillion national debt will reduce the burden left ample money to save Social Security our desires and all of the wonderful to future generations by reducing the amount and save Medicare and pay down the things that we say today. We ought to of the federal budget that will be consumed by debt and give the taxpayers some re- be paying down the debt so that they interest payments. lief. will have an opportunity for the same The motion to recommit will provide an op- The previous speaker, I know he did kind of future. portunity to begin a bipartisan process to not mean to be flip, but he talked Although a lot of numbers get thrown achieve a responsible budget agreement. about funny money. This is not funny around in the budget discussions, this is really Members on both sides of the aisle have said money. This is the taxpayers’ hard- a debate about priorities and values. This mo- they agree with the Blue Dog budget approach earned dollars, and I think when my tion to instruct is based on the value that has of paying down our national debt, dealing with colleagues find that we are moving for- guided generations of Americans: the value Social Security and Medicare, and then deal- ward, that we have created a surplus, I that we should leave our country stronger for ing with tax cuts. think it is important that we not only children and grandchildren. This motion simply Voting for the motion to instruction would pay down the debt, which I agreed says that meeting our obligations for Social send a strong message to the conferees, the with, the accumulated debt must be re- Security and Medicare and first reducing the leadership in Congress and the President that duced; But I think it is also important debt burden on future generations should be a we are committed to a fiscally responsible, bi- that we let the taxpayer keep some of higher priority than current consumption for tax partisan budget that is based on the principles their own money. cuts or new spending. of paying down the national debt and dealing This is hard-earned dollars. The tax- We should put our fiscal house in order be- with our obligations before agreeing to tax payers are paying far too much money fore we talk about tax cuts or new spending. cuts or new spending. today, and when we put all the taxes We should agree to lock up a substantial por- Mr. RANGEL. Mr. Speaker, I yield 1 together that the taxpayers pay, let us tion of the surpluses outside of the Social Se- minute to the gentleman from Arkan- reject this motion to instruct, and let curity trust fund to pay down national debt and sas (Mr. BERRY). us let the conferees go about their task deal with Social Security and Medicare before (Mr. BERRY asked and was given of conferencing this most important we start talking about how to carve up the sur- permission to revise and extend his re- bill and give the taxpayers some relief plus between tax cuts and new spending. How marks.) that they so richly deserve. can we talk about having surpluses to spend Mr. BERRY. Mr. Speaker, I rise Mr. RANGEL. Mr. Speaker, I yield when we still have a $5.6 trillion national debt today in support of the motion to in- the balance of my time to the gen- and huge unfunded liabilities facing Social Se- struct on the Republican tax cut bill. tleman from Wisconsin (Mr. KLECZKA) curity and Medicare? This motion will urge conferees to take to close the debate on the motion to in- The tax bills passed by the House and Sen- responsibility and commit to reducing struct the conferees. ate do not deal with these obligations and do the debt. I am for a tax cut. I think we Mr. KLECZKA. Mr. Speaker, I would not reduce the burden on future generations at all are. But not with funny money. We like to respond to some of the items all. Even if we stick with the lock box and save should be sure that we really have a that have been brought up in debate. the Social Security surplus, this will not reduce surplus before we commit to these tax Let me start out by saying I support the total national debtÐit just shifts the debt cuts, put the budget on a long-term the motion to instruct, and my Repub- from one part of the ledger to another. path, take the so-called surplus and lican colleagues know full well that H6808 CONGRESSIONAL RECORD — HOUSE August 2, 1999 after their tax bill is vetoed, we are ernment in taxes, Washington will just spend Meeks (NY) Pomeroy Stenholm Menendez Price (NC) Strickland going to be back to precisely what we it on more big government programs. Mr. Millender- Rahall Stupak are talking about today, a tax cut Speaker, it is time we let those who worked McDonald Rangel Tanner which would give back about 25 percent for the money spend it as they see fit. Miller, George Rivers Tauscher of the projected, projected surplus. I urge the President to reconsider his posi- Minge Rodriguez Taylor (MS) Mink Roemer Thompson (CA) My good friend from Florida talks tion against American taxpayers and support Moakley Rothman Thompson (MS) about funny money. The thing that is the Financial Freedom Act. Government Mollohan Roybal-Allard Thurman funny about the money is it is not here should do more for its citizens than raise their Moore Rush Tierney yet. I have heard this afternoon Mem- Moran (VA) Sabo Towns taxes and feed the federal bureaucracy. Murtha Sanchez Traficant bers come up and say, give it back, it The SPEAKER pro tempore (Mr. MIL- Nadler Sanders Turner is not easy to balance the budget, but LER of Florida). Without objection, the Napolitano Sandlin Udall (CO) we did it. My friends and colleagues, as previous question is ordered on the mo- Neal Sawyer Udall (NM) Oberstar Schakowsky Velazquez we close out this fiscal year, the budg- tion to instruct. Obey Scott Vento et is not in surplus, but in a $5 billion There was no objection. Olver Serrano Visclosky deficit, and for those who say, give it The SPEAKER pro tempore. The Ortiz Sherman Waters back, we do not have it. It is a projec- Owens Shows Watt (NC) question is on the motion to instruct Pallone Sisisky Waxman tion over the next 10 years based on offered by the gentleman from New Pascrell Skelton Weiner some very rosy assumptions, very low York (Mr. RANGEL). Pastor Slaughter Wexler inflation. One economic downturn, Mr. The question was taken; and the Payne Smith (WA) Weygand Pelosi Snyder Wise Speaker, and those dollars will not be Speaker pro tempore announced that Peterson (MN) Spratt Woolsey here. the noes appeared to have it. Phelps Stabenow Wu In fact, I said it before, and I will say Mr. RANGEL. Mr. Speaker, I object Pickett Stark Wynn it again. I have a better chance at win- to the vote on the ground that a NAYS—213 ning the lottery than this government quorum is not present and make the Aderholt Gilchrest Norwood having a trillion dollars surplus over point of order that a quorum is not Archer Gillmor Nussle the next 10 years. present. Armey Gilman Ose We have had unheralded economic Bachus Goode Oxley The SPEAKER pro tempore. Evi- Baker Goodlatte Packard success over the last 4 years. To think dently a quorum is not present. Ballenger Goodling Paul it is going to continue for 14 and then The Sergeant at Arms will notify ab- Barr Goss Pease for another 10 to make it 24 is totally sent Members. Barrett (NE) Graham Petri absurd. Bartlett Granger Pickering The Chair announces that pro- Barton Green (WI) Pitts The motion before us says, let us pay ceedings will resume immediately fol- Bass Greenwood Pombo down the debt. The gentleman says al- lowing this vote on two motions to sus- Bateman Gutknecht Porter ready we are paying down the debt. If Bereuter Hansen Portman pend the rules postponed from earlier Biggert Hastings (WA) Quinn the Congress will go home for 2 years, today. The first vote on the motion to Bilirakis Hayes Radanovich that debt would be paid down because suspend the rules and pass H.R. 747 will Bliley Hayworth Ramstad it is a double counting of the Social Se- be not less than 15 minutes in length, Blunt Hefley Regula curity surplus. Do not kid a kidder. Boehlert Herger Reynolds followed by a 5-minute vote on the mo- Boehner Hill (MT) Riley That is going to happen with or with- tion to suspend the rules and pass H.R. Bonilla Hilleary Rogan out the Congress doing anything. 1219. Bono Hobson Rogers Brady (TX) Hoekstra Rohrabacher But what we are saying in our mo- The vote was taken by electronic de- tion is let us take it down even further. Bryant Horn Ros-Lehtinen vice, and there were—yeas 205, nays Burr Hostettler Roukema It is in excess of $5 trillion. The Repub- 213, not voting 15, as follows: Burton Houghton Royce lican tax bill expands all the money Buyer Hulshof Ryan (WI) [Roll No. 356] and leaves no room for modernizing Callahan Hunter Ryun (KS) YEAS—205 Calvert Hutchinson Salmon Medicare. What happens to the extra Camp Hyde Sanford Ackerman DeFazio Jackson (IL) dollars that are there? We spend it on Campbell Isakson Saxton Allen DeGette Jackson-Lee Canady Istook Schaffer increase on the national debt. So to Andrews Delahunt (TX) Cannon Jenkins Sensenbrenner say that we are doing Social Security Baird DeLauro Jefferson Castle Johnson (CT) Sessions Baldacci Deutsch John and Medicare is totally false. Chabot Johnson, Sam Shadegg Baldwin Dicks Johnson, E. B. The bill will be vetoed. I ask my col- Chambliss Jones (NC) Shaw Barcia Dingell Jones (OH) Chenoweth Kasich Shays leagues to vote for the motion to re- Barrett (WI) Dixon Kanjorski Coble Kelly Sherwood Becerra Doggett Kaptur commit, vote for the motion to in- Coburn King (NY) Shimkus Bentsen Dooley Kennedy struct because in October that is ex- Collins Kingston Shuster Berkley Doyle Kildee Combest Knollenberg Simpson actly what we are going to do any way. Berman Edwards Kilpatrick Cook Kolbe Skeen Mr. PACKARD. Mr. Speaker, I would like to Berry Engel Kind (WI) Crane Kuykendall Smith (MI) Bishop Eshoo Kleczka express my extreme concern over the Presi- Cubin LaHood Smith (NJ) Blagojevich Etheridge Klink dent's threat to veto H.R. 2488, the Financial Cunningham Largent Smith (TX) Blumenauer Evans Kucinich Davis (VA) Latham Souder Freedom Act of 1999. This legislation offers Bonior Farr LaFalce Deal LaTourette Spence Borski Fattah Lampson nearly $800 billion in tax relief for America's DeLay Lazio Stearns Boswell Filner Larson families, including eliminating the death tax, DeMint Leach Stump Boucher Forbes Lee Diaz-Balart Lewis (CA) Sununu reducing the marriage penalty tax and capital Boyd Ford Levin Dickey Lewis (KY) Sweeney gains tax, a 10 percent across the board in- Brady (PA) Frost Lewis (GA) Doolittle Linder Talent Brown (FL) Gejdenson Lipinski come tax reduction for all Americans. Dreier LoBiondo Tancredo Brown (OH) Gephardt Lofgren The President opposes the Financial Free- Duncan Lucas (OK) Tauzin Capps Gonzalez Lowey Dunn Manzullo Terry dom Act because he claims this legislation Capuano Gordon Lucas (KY) Ehlers McCollum Thomas Cardin Green (TX) Luther does not secure Social Security. This is false. Ehrlich McCrery Thornberry Carson Gutierrez Maloney (CT) The fact is, H.R. 2688 leaves more than $2 Emerson McHugh Thune Clay Hall (OH) Maloney (NY) English McInnis Tiahrt trillion for Social Security and Debt Reduction, Clement Hall (TX) Markey Everett McKeon Toomey which exceeds the amount requested in the Clyburn Hastings (FL) Martinez Ewing Metcalf Upton Condit Hill (IN) Mascara President's own budget. Fletcher Mica Vitter Conyers Hilliard Matsui Mr. Speaker, tax relief is the right thing to Foley Miller (FL) Walden Costello Hinchey McCarthy (MO) Fossella Miller, Gary Walsh do. H.R. 2688 gives the surplus back to those Coyne Hinojosa McCarthy (NY) Fowler Moran (KS) Wamp who created it, the American taxpayer. Over Cramer Hoeffel McGovern Franks (NJ) Morella Watkins Crowley Holden McIntyre the next ten years, the government will receive Frelinghuysen Myrick Watts (OK) Cummings Holt McKinney an average $5,307 more in taxes from each Gallegly Nethercutt Weldon (FL) Danner Hooley McNulty Gekas Ney Weldon (PA) American family than it needs to operate. If Davis (FL) Hoyer Meehan Gibbons Northup Weller families continue to overpay the federal gov- Davis (IL) Inslee Meek (FL) August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6809 Whitfield Wilson Young (AK) Calvert Hall (OH) McNulty Simpson Tauscher Walsh Wicker Wolf Young (FL) Camp Hall (TX) Meehan Sisisky Tauzin Wamp Campbell Hansen Meek (FL) Skeen Taylor (MS) Waters NOT VOTING—15 Canady Hastings (FL) Meeks (NY) Skelton Terry Watkins Abercrombie Frank (MA) Peterson (PA) Cannon Hastings (WA) Menendez Slaughter Thomas Watt (NC) Bilbray Ganske Pryce (OH) Capps Hayes Mica Smith (MI) Thompson (CA) Watts (OK) Clayton Lantos Reyes Capuano Hayworth Millender- Smith (NJ) Thompson (MS) Waxman Cooksey McDermott Scarborough Cardin Hefley McDonald Smith (WA) Thornberry Weiner Cox McIntosh Taylor (NC) Carson Herger Miller (FL) Snyder Thune Weldon (PA) Castle Hill (IN) Miller, Gary Souder Thurman Weller b 1855 Chabot Hill (MT) Miller, George Spence Tiahrt Wexler Chambliss Hilleary Minge Spratt Tierney Weygand Messrs. TANCREDO, VITTER, and Chenoweth Hilliard Mink Stabenow Toomey Whitfield LAHOOD changed their vote from Clay Hinchey Moakley Stark Towns Wicker ‘‘yea’’ to ‘‘nay.’’ Clement Hinojosa Mollohan Stearns Traficant Wilson Clyburn Hobson Moore Stenholm Turner Wise So the motion to instruct conferees Coble Hoeffel Moran (KS) Strickland Udall (CO) Wolf was rejected. Coburn Hoekstra Moran (VA) Stump Udall (NM) Woolsey The result of the vote was announced Collins Holden Morella Stupak Upton Wu as above recorded. Combest Holt Murtha Sununu Velazquez Wynn Condit Hooley Myrick Sweeney Vento Young (AK) A motion to reconsider was laid on Conyers Horn Nadler Talent Visclosky Young (FL) the table. Cook Hostettler Napolitano Tancredo Vitter Stated against: Costello Houghton Neal Tanner Walden Coyne Hoyer Nethercutt Mr. MCINTOSH. Mr. Speaker, on rollcall No. NOT VOTING—17 Cramer Hulshof Ney 356, I was detained at the airport. Had I been Crane Hunter Northup Abercrombie Gephardt Reyes present, I would have voted ``no.'' Crowley Hutchinson Norwood Bilbray Lantos Scarborough Clayton McDermott Smith (TX) The SPEAKER pro tempore (Mr. CAL- Cubin Hyde Nussle Cummings Inslee Oberstar Cooksey Metcalf Taylor (NC) VERT). The Chair will announce con- Cunningham Isakson Obey Cox Peterson (PA) Weldon (FL) ferees at a later date. Danner Istook Olver Frank (MA) Pryce (OH) f Davis (FL) Jackson (IL) Ortiz b Davis (IL) Jackson-Lee Ose 1912 Davis (VA) (TX) Owens Mr. THOMAS changed his vote from ANNOUNCEMENT BY THE SPEAKER Deal Jefferson Oxley PRO TEMPORE DeFazio Jenkins Packard ‘‘nay’’ to ‘‘yea.’’ So (two-thirds having voted in favor The SPEAKER pro tempore. Pursu- DeGette John Pallone Delahunt Johnson (CT) Pascrell thereof) the rules were suspended and ant to clause 8, rule XX, the Chair will DeLauro Johnson, E. B. Pastor the bill was passed. now put the question on each motion DeLay Johnson, Sam Paul The result of the vote was announced to suspend the rules on which further DeMint Jones (NC) Payne Deutsch Jones (OH) Pease as above recorded. proceedings were postponed earlier Diaz-Balart Kanjorski Pelosi A motion to reconsider was laid on today in the order in which that mo- Dickey Kaptur Peterson (MN) the table. tion was entertained. Dicks Kasich Petri Votes will be taken in the following Dingell Kelly Phelps f Dixon Kennedy Pickering order: Doggett Kildee Pickett ANNOUNCEMENT BY THE SPEAKER H.R. 747, by the yeas and nays; and Dooley Kilpatrick Pitts PRO TEMPORE H.R. 1219 by the yeas and nays. Doolittle Kind (WI) Pombo The Chair will reduce to 5 minutes Doyle King (NY) Pomeroy The SPEAKER pro tempore. Pursu- Dreier Kingston Porter ant to the provisions of clause 8 of rule the time for the electronic vote on the Duncan Kleczka Portman second motion to suspend the rules. Dunn Klink Price (NC) XX, the Chair announces that he will Edwards Knollenberg Quinn reduce to a minimum of 5 minutes the f Ehlers Kolbe Radanovich period of time within which a vote by Ehrlich Kucinich Rahall ARIZONA STATEHOOD AND ENA- Emerson Kuykendall Ramstad electronic device may be taken on each BLING ACT AMENDMENTS OF 1999 Engel LaFalce Rangel additional motion to suspend the rules English LaHood Regula on which the Chair has postponed fur- The SPEAKER pro tempore. The Eshoo Lampson Reynolds ther proceedings. pending business is the question of sus- Etheridge Largent Riley Evans Larson Rivers f pending the rules and passing the bill, Everett Latham Rodriguez H.R. 747. Ewing LaTourette Roemer CONSTRUCTION INDUSTRY PAY- The Clerk read the title of the bill. Farr Lazio Rogan MENT PROTECTION ACT OF 1999 The SPEAKER pro tempore. The Fattah Leach Rogers Filner Lee Rohrabacher question is on the motion offered by The SPEAKER pro tempore. The Fletcher Levin Ros-Lehtinen pending business is the question of sus- the gentleman from New Jersey (Mr. Foley Lewis (CA) Rothman pending the rules and passing the bill, SAXTON) that the House suspend the Forbes Lewis (GA) Roukema Ford Lewis (KY) Roybal-Allard H.R. 1219, as amended. rules and pass the bill, H.R. 747, on Fossella Linder Royce which the yeas and nays are ordered. The Clerk read the title of the bill. Fowler Lipinski Rush The SPEAKER pro tempore. The The vote was taken by electronic de- Franks (NJ) LoBiondo Ryan (WI) vice, and there were—yeas 416, nays 0, Frelinghuysen Lofgren Ryun (KS) question is on the motion of the gen- Frost Lowey Sabo not voting 17, as follows: tleman from California (Mr. HORN) that Gallegly Lucas (KY) Salmon the House suspend the rules and pass [Roll No. 357] Ganske Lucas (OK) Sanchez Gejdenson Luther Sanders the bill, H.R. 1219, as amended, on YEAS—416 Gekas Maloney (CT) Sandlin which the yeas and nays are ordered. Ackerman Barton Boehner Gibbons Maloney (NY) Sanford This will be a 5-minute vote. Aderholt Bass Bonilla Gilchrest Manzullo Sawyer Allen Bateman Bonior Gillmor Markey Saxton The vote was taken by electronic de- Andrews Becerra Bono Gilman Martinez Schaffer vice, and there were—yeas 416, nays 0, Archer Bentsen Borski Gonzalez Mascara Schakowsky not voting 17, as follows: Armey Bereuter Boswell Goode Matsui Scott Bachus Berkley Boucher Goodlatte McCarthy (MO) Sensenbrenner [Roll No. 358] Baird Berman Boyd Goodling McCarthy (NY) Serrano YEAS—416 Baker Berry Brady (PA) Gordon McCollum Sessions Ackerman Baker Bartlett Baldacci Biggert Brady (TX) Goss McCrery Shadegg Aderholt Baldacci Barton Baldwin Bilirakis Brown (FL) Graham McGovern Shaw Allen Baldwin Bass Ballenger Bishop Brown (OH) Granger McHugh Shays Andrews Ballenger Bateman Barcia Blagojevich Bryant Green (TX) McInnis Sherman Archer Barcia Becerra Barr Bliley Burr Green (WI) McIntosh Sherwood Armey Barr Bentsen Barrett (NE) Blumenauer Burton Greenwood McIntyre Shimkus Bachus Barrett (NE) Bereuter Barrett (WI) Blunt Buyer Gutierrez McKeon Shows Baird Barrett (WI) Berkley Bartlett Boehlert Callahan Gutknecht McKinney Shuster H6810 CONGRESSIONAL RECORD — HOUSE August 2, 1999 Berman Ford Linder Rush Smith (WA) Udall (CO) cating liquor, which was referred to the Berry Fossella Lipinski Ryan (WI) Snyder Udall (NM) House Calendar and ordered to be Biggert Fowler LoBiondo Ryun (KS) Souder Upton Bilirakis Franks (NJ) Lofgren Sabo Spence Velazquez printed. Bishop Frelinghuysen Lowey Salmon Spratt Vento f Blagojevich Frost Lucas (KY) Sanchez Stabenow Visclosky Bliley Gallegly Lucas (OK) Sanders Stark Vitter ANNOUNCEMENT REGARDING Blumenauer Ganske Luther Sandlin Stearns Walden AMENDMENT PROCESS FOR H.R. Blunt Gejdenson Maloney (CT) Sanford Stenholm Walsh 417, BIPARTISAN CAMPAIGN FI- Boehlert Gekas Maloney (NY) Sawyer Strickland Wamp Boehner Gibbons Manzullo Saxton Stump Waters NANCE REFORM ACT OF 1999 Bonilla Gilchrest Markey Schaffer Stupak Watkins Mr. REYNOLDS. Mr. Speaker, a Bonior Gillmor Martinez Schakowsky Sununu Watt (NC) Bono Gilman Mascara Scott Sweeney Watts (OK) ‘‘Dear Colleague’’ letter will be sent to Borski Gonzalez Matsui Sensenbrenner Talent Waxman all Members informing them that the Boswell Goode McCarthy (MO) Serrano Tancredo Weiner Committee on Rules is planning to Boucher Goodlatte McCarthy (NY) Sessions Tanner Weldon (FL) meet this week to grant a rule which Boyd Goodling McCollum Shadegg Tauscher Weldon (PA) Brady (PA) Gordon McCrery Shaw Tauzin Weller may limit the amendment process for Brady (TX) Goss McGovern Shays Taylor (MS) Wexler floor consideration of H.R. 417, the Bi- Brown (FL) Graham McHugh Sherman Terry Weygand partisan Campaign Finance Reform Brown (OH) Granger McInnis Sherwood Thomas Whitfield Shimkus Thompson (CA) Wicker Act of 1999. Bryant Green (TX) McIntosh The Committee on House Adminis- Burr Green (WI) McIntyre Shows Thompson (MS) Wilson Burton Greenwood McKeon Shuster Thornberry Wise tration ordered H.R. 417 reported this Buyer Gutierrez McKinney Simpson Thune Wolf evening, and is expected to file its com- Callahan Gutknecht McNulty Sisisky Thurman Woolsey mittee report on Wednesday, August 4. Skeen Tiahrt Wu Calvert Hall (OH) Meehan Any Member wishing to offer an Camp Hall (TX) Meek (FL) Skelton Tierney Wynn Campbell Hansen Meeks (NY) Slaughter Toomey Young (AK) amendment should submit 55 copies Canady Hastings (FL) Menendez Smith (MI) Towns Young (FL) and a brief explanation of the amend- Smith (NJ) Traficant Cannon Hayes Metcalf ment to the Committee on Rules in Smith (TX) Turner Capps Hayworth Mica room H–312 of the Capitol by 4 p.m. on Capuano Hefley Millender- NOT VOTING—17 Wednesday, August 4. Amendments Cardin Herger McDonald Carson Hill (IN) Miller (FL) Abercrombie Gephardt Peterson (PA) should be drafted to the bill as ordered Castle Hill (MT) Miller, Gary Bilbray Hastings (WA) Pryce (OH) reported by the Committee on House Chabot Hilleary Miller, George Clayton Lantos Reyes Cooksey McDermott Scarborough Administration. Copies of the bill may Chambliss Hilliard Minge be obtained from the Committee on Chenoweth Hinchey Mink Cox Moran (VA) Taylor (NC) Clay Hinojosa Moakley Frank (MA) Ney House Administration, and is also ex- Clement Hobson Mollohan b 1922 pected to be posted on that commit- Clyburn Hoeffel Moore tee’s web site. Coble Hoekstra Moran (KS) So (two-thirds having voted in favor Members should use the Office of Coburn Holden Morella thereof) the rules were suspended and Collins Holt Murtha Legislative Counsel to ensure that Combest Hooley Myrick the bill, as amended, was passed. their amendments are properly drafted, Condit Horn Nadler The result of the vote was announced and should check with the Office of the Conyers Hostettler Napolitano as above recorded. Parliamentarian to be certain their Cook Houghton Neal The title of the bill was amended so amendments comply with the rules of Costello Hoyer Nethercutt Coyne Hulshof Northup as to read: the House. Cramer Hunter Norwood A bill to amend the Miller Act, relating to f Crane Hutchinson Nussle payment protections for persons providing Crowley Hyde Oberstar labor and materials for Federal construction GENERAL LEAVE Cubin Inslee Obey projects. Cummings Isakson Olver Mr. CALLAHAN. Mr. Speaker, I ask Cunningham Istook Ortiz A motion to reconsider was laid on unanimous consent that all Members Danner Jackson (IL) Ose the table. may have 5 legislative days within Davis (FL) Jackson-Lee Owens which to revise and extend their re- Davis (IL) (TX) Oxley f Davis (VA) Jefferson Packard marks on further consideration of the Deal Jenkins Pallone REPORT ON RESOLUTION PRO- bill (H.R. 2206), making appropriations DeFazio John Pascrell VIDING FOR CONSIDERATION OF for foreign operations, export financ- DeGette Johnson (CT) Pastor H.R. 987, WORKPLACE PRESERVA- ing, and related programs for the fiscal Delahunt Johnson, E. B. Paul DeLauro Johnson, Sam Payne TION ACT year ending September 30, 2000, and for DeLay Jones (NC) Pease Mr. REYNOLDS, from the Com- other purposes. DeMint Jones (OH) Pelosi mittee on Rules, submitted a privi- The SPEAKER pro tempore (Mr. CAL- Deutsch Kanjorski Peterson (MN) VERT). Is there objection to the request Diaz-Balart Kaptur Petri leged report (Rept. No. 106–280) on the Dickey Kasich Phelps resolution (H. Res. 271) providing for of the gentleman from Alabama? Dicks Kelly Pickering consideration of the bill (H.R. 987) to There was no objection. Dingell Kennedy Pickett f Dixon Kildee Pitts require the Secretary of Labor to wait Doggett Kilpatrick Pombo for completion of a National Academy REQUEST FOR CONSIDERATION OF Dooley Kind (WI) Pomeroy of Sciences study before promulgating S. 1457 Doolittle King (NY) Porter a standard or guideline on ergonomics, Doyle Kingston Portman Mr. SHUSTER. Mr. Speaker, I ask Dreier Kleczka Price (NC) which was referred to the House Cal- unanimous consent to take from the Duncan Klink Quinn endar and ordered to be printed. Speaker’s table the bill (S. 1457) and Dunn Knollenberg Radanovich f Edwards Kolbe Rahall ask for its immediate consideration in Ehlers Kucinich Ramstad REPORT ON RESOLUTION PRO- the House. Ehrlich Kuykendall Rangel VIDING FOR CONSIDERATION OF Mr. OBEY. Mr. Speaker, I object. Emerson LaFalce Regula The SPEAKER pro tempore. The Engel LaHood Reynolds H.R. 2031, TWENTY-FIRST AMEND- English Lampson Riley MENT ENFORCEMENT ACT Chair is not able to entertain the gen- Eshoo Largent Rivers tleman’s request at this time. Etheridge Larson Rodriguez Mr. REYNOLDS, from the Com- Mr. SHUSTER. Mr. Speaker, the gen- Evans Latham Roemer mittee on rules, submitted a privileged tleman from Minnesota (Mr. OBER- Everett LaTourette Rogan Ewing Lazio Rogers report (Rept. No. 106–281) on the resolu- STAR), I understand, is reserving the Farr Leach Rohrabacher tion (H. Res. 272) providing for consid- right to object. Fattah Lee Ros-Lehtinen eration of the bill (H.r. 2031) to provide The SPEAKER pro tempore. The gen- Filner Levin Rothman for injunctive relief in Federal district tleman from Pennsylvania (Mr. SHU- Fletcher Lewis (CA) Roukema Foley Lewis (GA) Roybal-Allard court to enforce State laws relating to STER) is not recognized for that pur- Forbes Lewis (KY) Royce the interstate transportation of intoxi- pose. August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6811 Mr. SHUSTER. May I ask why the The CHAIRMAN. The Clerk will des- We will hear that somehow or an- gentleman is objecting? Is it in order, ignate the amendment. other this is unilateral disarmament in Mr. Speaker, for me to ask why the The text of the amendment is as fol- the war on trade. It is nothing of the gentleman is objecting? lows: sort. It is the recognition that the real The SPEAKER pro tempore. Under Amendment No. 6 offered by Mr. ANDREWS: engine of international growth for the the Speaker’s guidelines, the Chair is Page 116, after line 5, insert the following: U.S. economy is not the taxpayers’ not recognizing the gentleman from PROHIBITION ON FUNDS FOR NEW OPIC PROJECTS pockets, but the entrepreneurs taking Pennsylvania for that purpose at this SEC. 585. None of the funds made available a risk. time. by this Act may be used by the Overseas Pri- This is one of the few amendments I f vate Investment Corporation, after the en- have ever seen that is supported by actment of this Act, for the issuance of any APPOINTMENT OF CONFEREES ON new guarantee, insurance, reinsurance, or fi- Ralph Nader and Milton Freedman. H.R. 2488, FINANCIAL FREEDOM nancing, or for initiating any other activity And that is probably all people need to ACT OF 1999 which the Corporation is otherwise author- know about why they should support ized to undertake. it. The SPEAKER pro tempore. Without The CHAIRMAN. Pursuant to the Mr. Chairman, I reserve the balance objection, the Chair announces the previous order of the House, the gen- of my time. Speaker’s appointment of the following tleman from New Jersey (Mr. AN- Ms. PELOSI. Mr. Chairman, I ask conferees on the bill (H.R. 2488) to pro- DREWS) and a Member opposed each unanimous consent to yield the 71⁄2 vide for reconciliation pursuant to sec- will control 15 minutes. minutes that has been yielded to me to tions 105 and 211 of the concurrent reso- Does the gentleman from Alabama the gentleman from New Jersey (Mr. lution on the budget for fiscal year (Mr. CALLAHAN) seek to control the MENENDEZ) and that he be allowed to 2000: time in opposition? control that time. For consideration of the House bill, Mr. CALLAHAN. Yes, I do, Mr. Chair- The CHAIRMAN. Is there objection and the Senate amendment, and modi- man. fications committed to conference: to the request of the gentlewoman Mr. Chairman, I ask unanimous con- from California? Messrs. ARCHER, ARMEY, CRANE, sent that my time be halved with the There was no objection. THOMAS, RANGEL, and STARK. gentlewoman from California (Ms. The CHAIRMAN. The gentleman As additional conferees for consider- PELOSI), and that she be given the au- from New Jersey (Mr. MENENDEZ) will ation of sections 313, 315–316, 318, 325, thority to yield the time for her 71⁄2 1 335, 338, 341–42, 344–45, 351, 362–63, 365, minutes. control the 7 ⁄2 minutes. 369, 371, 381, 1261, 1305, and 1406 of the The CHAIRMAN. Is there objection Mr. MENENDEZ. Mr. Chairman, I Senate amendment, and modifications to the request of the gentleman from yield 1 minute to the gentleman from committed to conference: Alabama? New York (Mr. RANGEL), the distin- Messrs. GOODLING, BOEHNER, and There was no objection. guished ranking Democrat on the Com- CLAY. The CHAIRMAN. The gentleman mittee on Ways and Means. There was no objection. from New Jersey (Mr. ANDREWS) is rec- (Mr. RANGEL asked and was given f ognized for 15 minutes. permission to revise and extend his re- Mr. ANDREWS. Mr. Chairman, I marks.) FOREIGN OPERATIONS, EXPORT yield myself such time as I may con- FINANCING, AND RELATED PRO- Mr. RANGEL. Mr. Chairman, I op- sume. pose this amendment. It really puts a GRAMS APPROPRIATIONS ACT, Mr. Chairman, in 1996, this House 2000 damper on American entrepreneurship voted to end welfare as we know it for as we try to transfer technology to the The SPEAKER pro tempore. Pursu- single moms and for people struggling least developed countries that we have ant to House Resolution 263 and rule to raise families across America. This in the world. XVIII, the Chair declares the House in amendment says that it is time for us Recently, this House passed the Afri- the Committee of the Whole House on to end corporate welfare as we know it. can Growth and Opportunity bill. It the State of the Union for the further The amendment says that the Over- was not just out of compassion that we consideration of the bill, H.R. 2606. seas Private Investment Corporation, did it, but we wanted to make certain OPIC, will be precluded from initiating b 1929 that we have people that are able to be new deals, new transactions, with the able to be productive, to have dispos- IN THE COMMITTEE OF THE WHOLE money that is in this underlying bill. It able income, to have jobs, to have dig- Accordingly, the House resolved says that DuPont and General Electric, nity, and not to be looking for welfare itself into the Committee of the Whole and McDonald’s, and some of the larg- and to be looking for foreign assist- House on the State of the Union for the est corporations in the world, ought to ance. further consideration of the bill (H.R. risk their capital in risky inter- What OPIC does is encourage private 2606) making appropriations for foreign national investments, not the capital investment to have partnerships so operations, export financing, and re- of the American taxpayers. lated programs for the fiscal year end- Now, I have had the opportunity to that we are able to say that all over ing September 30, 2000, and for other outline my views previously on Thurs- the world, especially in developing na- tions, that our great Republic will be purposes, with Mr. THORNBERRY in the day night, but I want to quickly sum- chair. marize them before yielding to sup- able to have meaningful commercial trade relations. b 1930 porters of my amendment. We will no doubt hear that this will I have been to Africa. I have been The Clerk read the title of the bill. cause chaos at OPIC. It will not. This there with Eximbank. I have been The CHAIRMAN. When the Com- amendment does not interfere with the there with OPIC. I have been there mittee of the Whole rose on Thursday, ongoing operation and the wind-down with the State Department. Believe July 29, 1999, amendment No. 3 printed of the entity. It simply says that funds me, OPIC really encourages foreign in- in part B of House Report 106–269 by should be used to effectuate that wind- vestment, and we need it now more the gentleman from Pennsylvania (Mr. down rather than to initiate new deals. than ever. PITTS) had been disposed of. We will hear that this will have a Mr. CALLAHAN. Mr. Chairman, I Under the order of the House of that devastating effect on U.S. investment yield 2 minutes to the gentleman from day, it is now in order to consider overseas. Frankly, the huge majority, Nebraska (Mr. BEREUTER), the chair- amendment No. 6 printed in the CON- the immense majority of private in- man of the Subcommittee on Asia and GRESSIONAL RECORD by the gentleman vestments by U.S. corporations over- the Pacific of the Committee on Inter- from New Jersey (Mr. ANDREWS). seas have nothing to do with OPIC. national Relations. AMENDMENT NO. 6 OFFERED BY MR. ANDREWS They have to do with the judgments of (Mr. BEREUTER asked and was Mr. ANDREWS. Mr. Chairman, I offer entrepreneurs and investors in the given permission to revise and extend an amendment. global market every day. his remarks.) H6812 CONGRESSIONAL RECORD — HOUSE August 2, 1999 Mr. BEREUTER. Mr. Chairman, I of those exports are to be from over 150 and am, indeed, a cosponsor on this rise in strong opposition to the amend- American small businesses. amendment because it makes sense to ment. While the amendment might OPIC has proven itself to be a successful the United States taxpayer. make for catchy so-called cost-cutting supporter of American foreign policy. OPIC This amendment is not about the in- sound bites, in reality it would signifi- mobilizes private sector investment in support efficiency of OPIC. As government or- cantly hurt U.S. foreign policy, result of U.S. foreign policy at no cost to the Amer- ganizations go, it is quite efficient. It in a revenue loss for the Federal Gov- ican taxpayer. The Andrews amendment is not about the management. It has a ernment, and cost American jobs and would mean no support for U.S. investment in good management. I have met with American export opportunities. This high priority foreign policy areas. It would George Munoz, who is head of OPIC. amendment has only costs, in my judg- eliminate an estimated $9 billion in increased The issue that this amendment gets to ment, and no benefits. trade and investment with Sub-Saharan Africa, is not is OPIC able to handle the man- First, contrary to some things that $4 billion in Central America and the Carib- date that it has been given, but rather have been said, OPIC has contributed bean, and $8 billion for development of Cas- is that mandate in the best interest of $3.3 billion to deficit reduction and the pian Sea energy resources. the United States taxpayer. And I Function 1050 account. In fiscal year Since 1971, OPIC supported projects which think if we look under the hood on 2000, OPIC anticipates it will con- have resulted in the export of $58 billion of this, we would come to the conclusion tribute approximately $200 million to American products. More than $2.8 billion in that no is the answer. deficit reduction. OPIC is self-sus- American exports were generated by OPIC First, Mr. Chairman, there is a finan- taining and generates an annual in- supported projects in 1998 alone. cial risk to the U.S. taxpayer with crease in funding. If OPIC were elimi- With respect to the Andrews-Sand- OPIC. OPIC was given a billion dollars nated, the budget would lose revenues ers-Sanford amendment, I would have of seed money in 1971 when OPIC was rather than achieve savings. In fact, to say that it hurts American competi- begun, and yet if we look, since 1971 this amendment would put the Federal tiveness and benefits our foreign com- there has not been, for instance, a Government $200 million in the red for petitors. Most of our developing na- world war. These loans or guarantees just the next year. tions, like France, Germany and are backed with the full faith and cred- Since OPIC's operating costs are covered Japan, offer a comprehensive array of it of the United States Government. If by user fees, eliminating OPIC does not mean export and overseas investment sup- there was a war, we would see the cost these resources are available for other pro- port. They clearly understand the im- to those guarantees. There has not grams or can be considered as cut spending. portance of such programs in sup- been a global depression since 1971. If There are no millions of dollars in savings as porting jobs and economic growth at there was a severe economic downturn, claimed by the amendment's supporters, just home. The U.S. spends less per capita, we would see the cost to those guaran- lost jobs and export opportunities without any as a percentage of GDP, and in dollar tees. offsetting benefit. terms on supporting private sector in- In fact, if we look in Brazil, where OPIC supports new, high-paying, export-ori- vestment in developing countries than there is $1.9 billion of taxpayer expo- ented jobs in the United States. More than any other major competitor country. sure, OPIC itself has said that fully 237,000 jobs have been created as a result of Mr. Chairman, the support OPIC pro- half of their portfolio could be affected OPIC-supported projects. In 1998 alone, near- vides is not corporate welfare and has by the crisis there. The same could be ly 7,000 U.S. jobs were created by OPIC not eliminated American jobs as the said, for instance, in Russia. So, one, projects. Without OPIC, it is estimated that ‘‘Dear Colleague’’ letter circulated re- there is a contingent liability that goes 70,000 job opportunities could be lost in the cently complained. Caterpillar was back to the United States taxpayer. next 4 years. cited. It makes tractors in Illinois, and Two, there is a direct cost. To those who express concern about OPIC that is the epitome in Peoria of an With the money that was originally supported investment abroad luring jobs away American city. The Member, I suspect, provided, interest is earned on that from America to foreign countries, this Mem- would be surprised to find among the money. And if we look at the income ber recommends they examine closely what Caterpillar workers any of them who statement of last year, $139 million was kind of investments OPIC is supporting and believe they are fat cats. the net income and $193 million came what kind of so-called foreign jobs are being These are hard-working Americans. OPIC as a result of these interest payments. created. The United States cannot supply raw helps promote the sale of the tractors they That leaves a loss of $54 million. electric power to Egypt. We can supply Amer- make at no cost to the American taxpayer. Admittedly, $54 million is not a lot of ican-made power generating equipment and Given the significant support foreign competi- money in Washington, but back home services. How is selling power generating tors receive from their governments, without that is a lot of money. In fact, I did a equipment and years of spare parts and serv- OPIC, America's Caterpillar is in many in- back-of-the-envelope calculation, and ices taking jobs away from Americans? If we stances at a real disadvantage to Japan's it would take 13,500 taxpayers, average don't sell the Egyptians these power plants, Komatsu or Korea's Hyundai. Let us not ig- taxpayers, working and paying taxes the Europeans, Japanese, Canadians, or other nore the consequencesÐultimately, this for a full year, to send Washington $54 foreigners will. Amendment benefits foreign competitors like million. The United States does not grow tea. Komatsu at the expense of American workers Third consideration is that it does Therefore, how does investing in a tea planta- in all 50 states. cost American jobs. And that is not my tion in Rwanda steal American jobs? Indeed, Mr. Chairman, in response to the charges opinion or the opinion of the gen- it supports U.S. jobs insofar as that tea oper- by some OPIC critics that OPIC is not even tleman from New Jersey (Mr. AN- ation needs tools, machines, trucks and other authorized, this Member would remind his col- DREWS). That is the opinion of Time servicesÐand these are products and serv- leagues that the House International Relations magazine. They did a three-part series ices made by American labor. Committee, the appropriate authorizing body, on corporate welfare. What they found The United States is not home to the great has already considered and marked up a new was, for instance, a $29 million loan African savannah and giraffes, lions, zebras, reauthorization for OPIC. This legislation is guarantee for Levi Strauss and Com- and baboons are not native wildlife. Therefore, pending on the Union Calendar. pany to build a manufacturing plant in how does supporting the eco-tourism industry Mr. Chairman, I urge opposition to Turkey, while, at the same time, the in Botswana by investing in new hotels and the Andrews amendment. Labor Department was handing out un- tour operations take away American jobs? On Mr. ANDREWS. Mr. Chairman, I employment and training benefits for the contrary, this development requires all yield 4 minutes to the gentleman from 6,400 American workers who had been kinds of infrastructure, construction materials, South Carolina (Mr. SANFORD), one of laid off in 11 American plants with Levi furnishings, vehicles, and servicesÐthese the co-authors of this amendment and Strauss and Company. The point of goods and services Americans produce and a person who has been very diligent that article was saying that the two sell. about cutting costs for the American were directly correlated. OPIC-backed projects around the world are public. Finally, I would just make mention U.S. small businesses. Over the next 4 years Mr. SANFORD. Mr. Chairman, I of the fact that this changes markets. it is estimated that OPIC projects will generate thank the gentleman for yielding me If we change a market, we change $23 billion more in America exports. $6 billion this time. I support this amendment where an investment can be made. And August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6813 so what we are doing is subsidizing de- b 1945 I hear our friend say that OPIC velopment off our coast. And as well, Mr. MANZULLO. Mr. Chairman, we makes money, OPIC makes money. what we are doing is preventing a mar- have OPIC because there is no private Well, if OPIC makes money, then ketplace from developing with other sector that can fill that gap. Lloyds of maybe we better think about govern- insurers. London, nobody could come in and fill ment insurance in other areas. And I This is a need that needs to take that gap. would yield right now to any person place, but it could be easily handled by In fact, OPIC has been partnering who is opposing the Andrews amend- the Lloyds of London, who are not in with Lloyds of London on being able to ment to tell us that they are prepared this business right now because OPIC come up to a relationship whereby part to support government insurance for is. of this type of insurance can be homeowners, government insurance for Mr. MENENDEZ. Mr. Chairman, I automobile people who need auto- 1 privatized. The reason we need OPIC is yield myself 2 ⁄4 minutes. so that we can be on an even keel with mobile insurance. First, let me thank the distinguished our exporting partners around the Are they in favor of that, Mr. Chair- gentlewoman from California (Ms. world. man? Not. I ask the gentleman from PELOSI), the ranking member of the Mr. ANDREWS. Mr. Chairman, I am New Jersey (Mr. MENENDEZ). committee, for yielding me this time. Only government insurance for the I join my colleague the gentleman pleased to yield 4 minutes to the gen- tleman from Vermont (Mr. SANDERS), large multinational corporations. Let from New Jersey (Mr. ANDREWS) in say- ing that I am against corporate wel- one of the coauthors of the amendment us stop corporate welfare. Let us sup- fare, but this, the subject of his amend- with a leading voice for progressive port the Andrews amendment. ment, is not about corporate welfare. It issues in America. Mr. MENENDEZ. Mr. Chairman, I Mr. SANDERS. Mr. Chairman, I is hard to understand how anyone can yield 1 minute to the distinguished thank the gentleman for yielding me object to a program that returns gentleman from Connecticut (Mr. money to the U.S. Treasury while at the time. GEJDENSON), ranking Democrat of the Mr. Chairman, I strongly support the same time furthering our foreign Committee on International Relations. this amendment, which would strike a policy goals and helping to increase Mr. GEJDENSON. Mr. Chairman, I good blow against the $125 billion a foreign investments and exports over- would join my friend from Vermont year we are currently spending on cor- seas. (Mr. SANDERS) in having universal Last year, OPIC earned a profit of porate welfare. health coverage, but that is not the de- My, this is a strange debate. I am $139 million. And in fiscal year 2000, bate today. The debate today is wheth- hearing conservative Republicans tell OPIC will contribute an estimated $204 er this program helps or hurts Ameri- million in net negative budget author- us they believe in government insur- cans and American workers. ity. In fact, OPIC has had a positive ance. This is what it is. I would argue that $52 billion in ex- Now, it is interesting, however. This net income for every year of operation ports that OPIC facilitated helps Amer- is not government insurance for mid- with reserves now totaling $3.3 billion. ican workers, that almost $3 billion in All that we do through the appropria- dle-class homeowners. This is not gov- the U.S. the Treasury in fees from tion process is to allow OPIC to spend ernment insurance for those people these corporations, not welfare, but money that it has already earned to who are paying outrageous premiums charges to these corporations giving us cover its administrative costs. We do for automobile insurance. No, no, no. profits in every year that OPIC has op- not save money for the taxpayers by We do not get government insurance erated in, $20 million in 1970, in excess cutting OPIC’s appropriations. In fact, for that. of $200 million in 1997, and even during But if they are J.P. Morgan, they can quite to the contrary. By supporting the Asian financial crisis $138 million, get government insurance for a $200 this amendment, we will forfeit an esti- and anticipated back over to $200 mil- mated over $200 million in net budget million investment in an oil field in Angola. If they are Texaco, they get lion next year. authority for the next fiscal year. What this does is help American jobs, government insurance for $139 million At a time when Congress is trying to helps us export manufacturing, helps for investment of a power generating adhere to the constraints of a balanced America’s international national for- budget, OPIC stands apart as a rev- project in the Philippines. If they are the Chase Manhattan Bank, they get eign policy get executed. It is cheaper enue-earning program. And at a time than a Marshall Plan and it helps that we are facing record high trade socialized insurance. Here we have conservative Repub- American jobs. deficits, we need to be looking at ways The gentlemen who are opposing this to expand our export promotion pro- licans, corporate Democrats telling us government insurance for the multi- amendment have good intentions, but grams, not contract them. they are dead wrong. More American exports mean more nationals. I think that that is pretty strange. Mr. CALLAHAN. Mr. Chairman, I American jobs. More than 237,000 yield 1 minute to the gentleman from American jobs have been created as a Mr. Chairman, it seems to me that New York (Mr. GILMAN), chairman of result of OPIC’s supported projects. In we should note that in Indonesia right the Committee on International Rela- our home State of New Jersey, OPIC now OPIC officials are in that country, tions. has provided over $1 billion in financ- and they are in that country because (Mr. GILMAN asked and was given ing and insurance, generating $3 billion the government there is suggesting permission to revise and extend his re- in U.S. exports and creating over 10,000 that an American-backed company marks.) jobs. may not be able to make as much We should not be so shortsighted. We money as they wanted; and if that in Mr. GILMAN. Mr. Chairman, I thank live in a global economy and only those fact takes place, it is going to be the the gentleman for yielding me the who can compete will succeed. This is American taxpayer through OPIC that time. not corporate welfare. OPIC is one of bails out that particular company that Mr. Chairman, I rise in strong opposi- the ways that we ensure that American invested in Suharto’s dictatorship. tion to the amendment offered by the companies and American jobs thrive in Mr. Chairman, another disturbing as- gentleman from New Jersey prohib- the next century. We cannot afford to pect of this situation is that the United iting OPIC from supporting any new in- be so naive as to believe that American States Government is providing finan- vestment projects. companies, large and small, can com- cial incentives to the largest corpora- This amendment would not only pete without this type of support when tions in this country to invest abroad. close down any future OPIC invest- their competitors have the full eco- Now, some of us think that it would ments in Africa, but it would eliminate nomic and diplomatic support of their be a very good idea for these corpora- billions of dollars of OPIC-related hur- governments. tions that are investing tens of billions ricane assistance for Central America Mr. Chairman, I urge my colleagues of dollars abroad to maybe bring that and the Caribbean. The adoption of this to oppose the Andrews amendment. investment back to the State of amendment would prevent billions of Mr. CALLAHAN. Mr. Chairman, I Vermont and other States around this dollars of future U.S. exports from ever yield 30 seconds to the gentleman from country to put our people to work at taking place. Thousands of jobs now Illinois (Mr. MANZULLO). decent paying jobs. held by American workers would be H6814 CONGRESSIONAL RECORD — HOUSE August 2, 1999 lost, and millions of dollars in tax rev- did we lose those jobs, but the Labor We pay interest on that $3 billion. And enue would be unavailable to our Department had to go in, and let me this agency gets $194 million from it, States and local communities. tell my colleagues what they had to do. four times the amount of the requested Since its inception in 1971, OPIC gen- They had to provide unemployment as- appropriation. erated over $58 billion in U.S. exports, sistance, and they also had to provide No wonder on paper it looks profit- created more than 237,000 jobs. It oper- trade adjustment assistance because of able. And they say, well, the private ates on a self-sustaining basis and ac- the Levi Strauss factory which had companies will not insure some of tually provides funding authority to been built in Turkey, financed by these projects. That means it is prob- pay for the humanitarian development OPIC. ably risky. Why should the taxpayer and anti-narcotics programs contained I strongly urge support of this assume the risk? Why should these cor- in the legislation we are now debating. amendment. porations be protected with this cor- Accordingly, I urge my colleagues to Mr. CALLAHAN. Mr. Chairman, I am porate welfare? oppose the Andrews amendment. pleased to yield 2 minutes to the gen- This is the reason why jobs are ex- Mr. ANDREWS. Mr. Chairman, I tleman from Missouri (Mr. BLUNT), the ported at a cost to the American tax- yield 3 minutes to my friend, the gen- chief deputy whip. payer. It is bad economics. And it is a tleman from Alabama (Mr. BACHUS). Mr. BLUNT. Mr. Chairman, I thank lot of twisting of the facts if we call Mr. KASICH. Mr. Chairman, will the the gentleman for yielding me the this agency profitable at the same time gentleman yield? time. they are getting $194 million that we Mr. BACHUS. I yield to the gen- Mr. Chairman, I rise in opposition to barely talk about. tleman from Ohio. the amendment. How many other agencies of govern- Mr. KASICH. Mr. Chairman, let me As the gentleman from New Jersey ment get interest like this? This is al- just make one thing very clear about (Mr. MENENDEZ) and others have talked most a government unto itself, the fact OPIC making money. OPIC holds gov- about, we are in a global economy. that it has that much financing with- ernment bonds. The Department of the OPIC does open markets. OPIC has out even a direct appropriation because Treasury of the United States then helped create jobs in this country. And it is paid out of the interest budget. pays interest on the government bonds. OPIC charges premiums. OPIC charges This is indeed a very important So when we talk OPIC making profit, premiums. amendment. I believe that we should the profit is being paid for by tax- One of the big criticisms of OPIC is definitely vote for this. If we care at all payers to an organization that holds that the premiums are too high and about the taxpayer of this country, we government bonds. It has nothing to do that is why they have $3.3 billion in re- should expose what is happening with with making money or having a profit. serves. Now, if the premiums are too corporate welfare. The little people are not coming to So let us just be clear about the fact high and the private sector would be us today begging us to vote against that we use this terminology carefully. interested in going into these areas, this amendment. It is the corporations, We know this is a very tough fight here why is it not there? the giant corporations, not our small because it is right at the heart of sub- OPIC fills a void that the private sec- mom-and-pop businesses. They are not sidies to the most powerful, and we un- tor will not go into if OPIC is elimi- coming and saying, please, please pro- derstand that it is hard to win that. nated. They will go into troubled coun- tect OPIC. No, it is the giant corpora- But I think it is very important that tries. They go into countries that in- tions that have been able to manipu- when we have this debate that we be surance companies of a private nature will not go into. These premiums have late and get benefits from programs clear about it. like this. I am not suggesting for a second that generated $139 million last year. They are expected to generate $200 million The CHAIRMAN. The gentleman anybody is trying to distort the truth. from Alabama (Mr. CALLAHAN) has 2 We have just got to get the facts about this year. OPIC’s claims because of the way minutes remaining. The gentleman what profits are all about. It is not from New Jersey (Mr. ANDREWS) has 2 about any government operation mak- OPIC is funded become a priority when- ever these troubled countries try to re- minutes remaining. The gentleman ing money in the marketplace. It has from New Jersey (Mr. MENENDEZ) has to do with taxpayers giving them establish relationships with the United 31⁄2 minutes remaining. The gentleman money that then gets scored as extra States. No private company would have that from Alabama (Mr. CALLAHAN) has the money, which some call profits. That is great advantage in settling claims. right to close. in error. So we ought to be clear about That is why OPIC does not lose money. Mr. MENENDEZ. Mr. Chairman, I what this organization actually does. That is why OPIC does encourage yield 1 minute to the gentleman from Mr. BACHUS. Mr. Chairman, re- trade. That is why OPIC works. That is Texas (Mr. BENTSEN). claiming my time, I would say, as why the private sector will not replace (Mr. BENTSEN asked and was given chairman of the Subcommittee Domes- it if it is eliminated. permission to revise and extend his re- tic and International Monetary Policy, I urge my colleagues to vote against marks.) I would join the chairman in his assess- this amendment. Mr. BENTSEN. Mr. Chairman, the ment on the profit it makes. Mr. ANDREWS. Mr. Chairman, I reason why we have this insurance pro- Now, we have heard that OPIC helps yield 2 minutes to the gentleman from gram is the same reason why we have American workers, and we have heard Texas (Mr. PAUL). the HUD insurance program for home- that it hurts American workers. I want (Mr. PAUL asked and was given per- owners in this country, low-income to focus on that one claim. mission to revise and extend his re- homeowners, because the marketplace Let us look at one of these trans- marks.) does not provide for it, just as my col- actions. In 1997, OPIC financed the Mr. PAUL. Mr. Chairman, I thank league from Missouri just said. building for Levi Strauss of a garment- the gentleman for yielding me the The other reason we have this pro- making factory in Turkey, a $29-mil- time. gram is because our trading partners lion guarantee, because they did not Mr. Chairman, I rise in strong sup- around the world do this and do it a lot want to finance it themselves and pri- port for this amendment. If it were more. So if we are to pass this amend- vate insurers would not do it. true that this agency is profitable, we ment and unilaterally withdraw from Well, what happened when Levi would not be here. They would be mak- being a competitive trading Nation, we Strauss built that factory? They laid ing profit, and OPIC would not need to will only drive up the imports in this off 6,400 workers at U.S. garment-mak- come here every year. country, drive down the exports from ing factories in 11 locations in the They are asking for $55 million. this country, and cost Americans jobs. United States. Where does the profit come from? It By passing this amendment, we will Now, do my colleagues think that was stated earlier very clearly; from not do anything to bring capital back those 6,400 employees, if any of them the interest they earn. They have a into this country. OPIC is used in my are listening today, that they will buy portfolio of $3 billion of U.S. securities. district where we have companies that this argument that we are creating But these did not reduce the national are looking for new markets to get jobs? We lost those jobs. And not only debt. That is part of the national debt. into. August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6815 The Stewart & Stevenson Company quire this company to go three out of Mr. Chairman, I have always been told, if it builds turbine engines and then sells five arbitrations? ain't broke, don't fix it! them throughout the world. And when Mr. Chairman, Mid-American has fol- OPIC is not broke, let's not try to fix it. they sell more engines, they hire more lowed OPIC guidelines. Now it must Mr. ANDREWS. Mr. Chairman, I Americans to build them in my dis- fulfill its obligations. I urge the sup- yield myself the balance of my time. I trict. port of this amendment. appreciate the opportunity to summa- rize our point of view in the debate. I b 2000 Mr. MENENDEZ. Mr. Chairman, I yield the balance of my time to the share with my friend from Illinois a That is what this is about. So if you gentleman from Illinois (Mr. DAVIS). real desire to develop Africa and other want to try and find some pure philos- The CHAIRMAN. The gentleman less developed areas. I just think we ophy that only the United States is from Illinois is recognized for 1 minute. should do it openly and directly and going to do, it will be at the expense of Mr. DAVIS of Illinois. Mr. Chairman, not through the Trojan horse of cor- the American worker. I am opposed to corporate welfare. I am porate welfare which I believe is what Mr. MENENDEZ. Mr. Chairman, I opposed to giving away taxpayers’ OPIC is. 1 yield 1 ⁄2 minutes to the gentleman money. I am even opposed to fattening Here is what OPIC really says. If from Oregon (Mr. WU). fat cats. But I am not opposed to stim- someone wants to build a plant or a Mr. WU. Mr. Chairman, I rise today ulating business growth and develop- factory in New Jersey or Oregon or on behalf of small business owners and ment in sub-Saharan Africa, the poor- Texas, they are on their own, they have workers in my home State of Oregon est region of the world. I am not op- to go to a bank and take a risk and and in opposition to the amendment of- posed to saying that in order to facili- borrow the money themselves. But if fered by the gentleman from New Jer- tate the development of opportunity in they want to build the plant in a for- sey (Mr. ANDREWS). This amendment to areas that unless there was some pri- eign country, another continent, then abolish OPIC would damage the efforts vate investment, nothing would hap- the United States taxpayers, if they of Oregon’s small businesses in emerg- pen. And so while generally I would be are big enough and powerful enough, ing markets overseas. In Oregon, OPIC on the other side of an issue like this will have to reach into our pockets and has financed and insured projects one, but because of the need in areas of subsidize it. The idea of us subsidizing worth $27 million. These efforts have the world for business development, I these operations is wrong. generated over $33 million in Oregon find myself in opposition to this Let us end corporate welfare as we exports. Many new jobs come through amendment because I want to see Afri- know it and support this amendment. businesses that supply goods and serv- Mr. CALLAHAN. Mr. Chairman, I ca have an opportunity to grow and de- ices to projects insured or financed by yield myself the balance of my time. velop, and I support investment in OPIC, businesses like Hyster Sales Mr. Chairman, let me say that I countries like sub-Saharan Africa. I op- Company in Tigard, Oregon, and know the distinguished gentleman pose the amendment. Interwrap Industries in Portland, Or- from New Jersey is well-intended in his Mr. Chairman, I rise in strong opposition to egon. beliefs, but I do believe him to be abso- OPIC helps level the playing field for this amendment to prohibit any funds for new lutely wrong. American businesses of all sizes which projects by the Overseas Private Investment He mentioned the fact that plants compete for overseas projects. OPIC of- Corporation. Cutting OPIC's administrative have already spent their own money in fers American businesses essential risk budget will hurt our nation's 22 million small his home State without government as- insurance for their investments in businesses who export directly or by contract sistance, which is wrong to begin with, high-risk emerging markets. It pro- to other countries. but the plants that are already there, Specifically, cutting funds would cut what lit- vides temporary financing for invest- like AT&T, like Berger International, tle business assistance sub Saharan Africa, ments when private sector support is like Schick, like Johnson & Johnson, the poorest region of the world receives. lacking. Nabisco, Squibb and Ingersoll-Rand are But OPIC does all of this in a fiscally During this decade OPIC has increased its all using OPIC, and I am sure that the sound manner. Customers which ben- effectiveness in helping Africa. For instance, thousands of employees who are bene- efit from OPIC repay the full principal OPIC has currently four privately managed in- fitting from the fact that they are ex- amount. vestment funds available to support invest- porting the products could probably I urge my colleagues to vote ‘‘no’’ on ment in Africa. These programs focus on min- convince their fellow New Jerseyan the Andrews amendment. ing, manufacturing, broadcasting, information that he was making a mistake. Mr. ANDREWS. Mr. Chairman, I technology and I hope to see soon healthcare. The same with the gentleman from yield 1 minute to the gentleman from The point I am trying to make here is that Alabama who stood up and talked Nebraska (Mr. TERRY), a very articu- if we cut OPIC'S budget we would hurt small about it. Yet in his hometown of Bir- late freshman Member. business, decrease our nation's exports, and mingham, Alabama, Mr. Chairman, Mr. TERRY. Mr. Chairman, I rise in cut jobs. For the past three years, OPIC's they utilize OPIC more than any other support of the Andrews amendment. I budget has been effectively frozen. We al- city in the entire State. But the good am not debating whether or not it is ready have this organization working on a thing about that is they ship those corporate welfare, but I want to talk shoestring budget. products through the port of Mobile about how OPIC must get its own OPIC is not a giveaway program, it is not a and enhance the ability of the people in house in order first as I lack confidence subsidy and it is not general assistance. It is my district to benefit from exporting in this program. not corporate welfare. This is an investment these products. I am going to tell my colleagues a and I might add, an investment that is paying They say OPIC is not really making story about a company in my district, off. OPIC projects have generated $58 billion any money and how the books say that, Mid-American Energy, who has been in U.S. exports and created more than but OPIC is making $200 million a year, working with OPIC, had used OPIC to 237,000 U.S. jobs. period. That is the fact. They are not build a power plant in Indonesia. I must confess that I am at a loss to under- losing money. It is true that when our The government did a bait and stand how or why we would want to cut fund- countries go now into a foreign coun- switch. They put in a claim. Now they ing for an effort that is producing results, and try, they are on a levelized playing are pursuing to recover this lost in- effectively carrying out its mission. Why would field with all of the other industri- vestment. In May 1999, OPIC required you cut the budget on an agency whose budg- alized nations because all of the other an arbitration. Mid-American won in et is funded from user fees? Why prevent new nations have similar programs. These the United Nations Commission on investments? Why eliminate $9 billion in trade are insurance programs that for the International Trade Law, 3–0. and investment in sub Saharan Africa? Why most part insure that if the govern- What next? OPIC said, ‘‘That’s not eliminate $4 billion in hurricane rebuilding re- ment expropriates all of the properties good enough. We need you to do it sources in Central America and the Carib- there, that OPIC, the United States of again. We want you to go somewhere bean? Why undercut private sector rebuilding America, will guarantee payment to else for another arbitration.’’ initiatives for the war torn Balkans? There is the bank from which most of this When OPIC loses this time, will they no reason to, and there is no reason to sup- money comes from for their guaran- change the rules again? Will they re- port this amendment. tees. H6816 CONGRESSIONAL RECORD — HOUSE August 2, 1999 This is not corporate welfare. This is A recorded vote was ordered. Latham Ortiz Smith (TX) LaTourette Ose Smith (WA) a sensible export program that is vital The vote was taken by electronic de- Lazio Owens Snyder to American industry. I would urge my vice, and there were—ayes 103, noes 315, Leach Oxley Spence colleagues to vote ‘‘no’’ on the An- not voting 15, as follows: Lee Packard Spratt drews amendment. Levin Pallone Stabenow [Roll No. 359] Lewis (CA) Pastor Stenholm PARLIAMENTARY INQUIRY AYES—103 Lewis (GA) Payne Stump Mr. CALLAHAN. Mr. Chairman, I Lewis (KY) Pelosi Sweeney Andrews Graham Paul Lofgren Phelps Talent have a parliamentary inquiry. Archer Hayworth Pease Lowey Pickering Tanner The CHAIRMAN. The gentleman will Armey Hefley Peterson (MN) Lucas (KY) Pickett Tauscher Bachus Herger Petri state it. Lucas (OK) Pitts Tauzin Baldwin Hilleary Pombo Mr. CALLAHAN. Mr. Chairman, is it Maloney (CT) Pomeroy Taylor (MS) Barcia Hinchey Ramstad the Chair’s understanding that after Maloney (NY) Porter Taylor (NC) Barr Hobson Rangel Manzullo Portman Thomas this vote, there will be no more votes Barrett (WI) Hoekstra Rivers Markey Price (NC) Thompson (CA) Bartlett Holden Rogan tonight, that the rest of the amend- Martinez Quinn Thompson (MS) Bass Hostettler Rohrabacher ments that we debate tonight will be Mascara Radanovich Thornberry Berkley Hunter Royce Matsui Rahall Thune carried over until tomorrow so that Bono Jones (NC) Ryun (KS) McCarthy (MO) Regula Thurman this would be the last vote of the Brown (OH) Kanjorski Salmon McCarthy (NY) Reynolds Tiahrt Burton Kaptur Sanders night? McCollum Riley Towns Campbell Kasich Sanford The CHAIRMAN. The gentleman is McCrery Rodriguez Turner Cannon Kingston Schaffer correct. Under the rule the Chair has McGovern Roemer Udall (CO) Chabot Kucinich Sensenbrenner McHugh Rogers Udall (NM) the authority to postpone votes on Chenoweth Largent Shadegg McKeon Ros-Lehtinen Upton Coble Linder Smith (MI) amendment and intends to do so after McNulty Rothman Velazquez Coburn Lipinski Souder the vote on the Andrews amendment. Meehan Roukema Vento Collins LoBiondo Stark Mr. CALLAHAN. Mr. Chairman, I Meek (FL) Roybal-Allard Vitter Condit Luther Stearns Meeks (NY) Rush Walden would urge my colleagues to vote ‘‘no’’ Cox McInnis Strickland Menendez Ryan (WI) Walsh on this last amendment. Crane McIntosh Stupak Millender- Sabo Waters DeFazio McIntyre Sununu Mr. FRELINGHUYSEN. Mr. Chairman, I rise McDonald Sanchez Watkins DeMint McKinney Tancredo today in opposition to the Andrews amend- Miller, Gary Sandlin Watt (NC) Dickey Metcalf Terry Minge Sawyer Watts (OK) ment and in support of the Overseas Private Doolittle Mica Tierney Mink Saxton Weiner Investment Corporation, or OPIC. Duncan Miller (FL) Toomey Moakley Schakowsky Weldon (FL) Ehrlich Miller, George Traficant Let me tell you what OPIC has meant to Mollohan Scott Weldon (PA) Evans Myrick Visclosky companies, large and small, in my state of Moore Serrano Weller Farr Nadler Wamp Moran (KS) Sessions Wexler New Jersey. With the help of risk insurance Fletcher Norwood Woolsey Moran (VA) Shaw Weygand provided by OPIC since the program began, Goode Obey Morella Shays Whitfield Goodlatte Pascrell New Jersey companies have generated $3 bil- Murtha Sherman Wicker lion in exports which supported 10,000 jobs. NOES—315 Napolitano Shimkus Wilson I hope my colleague from New Jersey will Neal Shows Wise take note of the companies from New Jersey Ackerman Coyne Gordon Nethercutt Simpson Wolf Aderholt Cramer Goss Ney Sisisky Wu who needed OPIC insurance in order to sell Allen Crowley Granger Northup Skeen Wynn their products abroad and thus support jobs Baird Cubin Green (TX) Nussle Skelton Young (AK) here at home in our state of New Jersey. Baker Cummings Green (WI) Oberstar Slaughter Young (FL) Baldacci Cunningham Greenwood Olver Smith (NJ) Many New Jersey companies have bene- Ballenger Danner Gutierrez fited from OPIC financing and insurance. They Barrett (NE) Davis (FL) Gutknecht NOT VOTING—15 include, among others, Copelco Capital of Barton Davis (IL) Hall (TX) Abercrombie Hall (OH) Reyes Mahwah, Croll Reynolds Co. of Westfield; Bateman Davis (VA) Hansen Bilbray Lantos Scarborough Engelhard Pollution Control of Iselin; Guest Becerra Deal Hastings (FL) Cooksey McDermott Sherwood Bentsen DeGette Hastings (WA) Frank (MA) Peterson (PA) Shuster Supply Inc. of Monmouth Junction; H.W. Bereuter Delahunt Hayes Gephardt Pryce (OH) Waxman Baker Linen Co. of Mahwah; Ingersoll-Dresser Berman DeLauro Hill (IN) Pump Co. of Liberty Corner; Ingersoll-Rand of Berry DeLay Hill (MT) b 2028 Biggert Deutsch Hilliard Woodcliff Lake, ITT of Midland Park; Maersk Bilirakis Diaz-Balart Hinojosa Mr. WATKINS and Mr. EVERETT Inc. of Madison; Regal International of Closter. Bishop Dicks Hoeffel changed their vote from ‘‘aye’’ to ‘‘no.’’ And what have these companies been able Blagojevich Dingell Holt Mr. FLETCHER changed his vote to do with OPIC Insurance? Let's just talk Bliley Dixon Hooley from ‘‘no’’ to ‘‘aye.’’ Blumenauer Doggett Horn about some of the small New Jersey compa- Blunt Dooley Houghton So the amendment was rejected. nies that have benefited. Misco America from Boehlert Doyle Hoyer The result of the vote was announced Holmdel supplied products for a project in Boehner Dreier Hulshof as above recorded. Ethiopia; Casale Industries from Garwood was Bonilla Dunn Hutchinson Stated against: Bonior Edwards Hyde Mr. SHERWOOD. Mr. Chairman, on rollcall involved in an electrical service project in Tur- Borski Ehlers Inslee key; GAR International from Red Bank was a Boswell Emerson Isakson No. 359 I was inadvertently detained. Had I supplier for the privatization of a copper mine Boucher Engel Istook been present, I would have voted ``no.'' Boyd English Jackson (IL) in Peru. b 2030 So, again, I hope my colleague from New Brady (PA) Eshoo Jackson-Lee Brady (TX) Etheridge (TX) Mr. CALLAHAN. Mr. Chairman, I Jersey takes note of the importance of OPIC Brown (FL) Everett Jefferson to New Jersey companies, large and small, Bryant Ewing Jenkins move to strike the last word in order and their employees. Burr Fattah John to enter into a colloquy with the gen- OPIC is a key component in our efforts to Buyer Filner Johnson (CT) tleman from Georgia (Mr. DEAL). Callahan Foley Johnson, E. B. Mr. Chairman, the gentleman from open up markets all over the globe to U.S. Calvert Forbes Johnson, Sam products and services. Camp Ford Jones (OH) Georgia has a very serious problem Again, Mr. Chairman, I urge my colleagues Canady Fossella Kelly that he brought to the attention of the to oppose this amendment and support OPIC. Capps Fowler Kennedy committee. When we went to the Com- Capuano Franks (NJ) Kildee mittee on Rules, we found that prob- The CHAIRMAN. The question is on Cardin Frelinghuysen Kilpatrick the amendment offered by the gen- Carson Frost Kind (WI) ably it would be better suited in the tleman from New Jersey (Mr. AN- Castle Gallegly King (NY) bill of the gentleman from Kentucky DREWS). Chambliss Ganske Kleczka (Mr. ROGERS) which is to come up later Clay Gejdenson Klink The question was taken; and the Clayton Gekas Knollenberg on this week. Chairman announced that the noes ap- Clement Gibbons Kolbe In any event, the seriousness of the peared to have it. Clyburn Gilchrest Kuykendall problem in Georgia actually impacts Combest Gillmor LaFalce RECORDED VOTE all others. I thought that we could Conyers Gilman LaHood Mr. ANDREWS. Mr. Chairman, I de- Cook Gonzalez Lampson enter into this colloquy with the gen- mand a recorded vote. Costello Goodling Larson tleman from Georgia (Mr. DEAL) so August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6817 that he might explain the problem, so believe this is the law of the land any- a few years ago, and there were only a in the event that the measure cannot way. It is my understanding we are just few hundred people killed, and it cost be handled successfully in the Com- not adequately enforcing it; that the us probably several hundred million merce, State, Justice bill, that we may State Department and the Justice De- dollars to have our troops down there, consider it in conference. partment have the authority already but we thought it was a good cause in I would like yield to the gentleman to enforce this, and yet they are failing this country. Yet in places like the from Georgia (Mr. DEAL) to explain the to do so. It is an issue that needs to be Sudan, where 2 million people have problem and his request. addressed by this Congress, and I am been killed, 2 million, in the struggle Mr. DEAL of Georgia. Mr. Chairman, very appreciative of the gentleman for freedom, we have not done a thing. will the gentleman yield? from Georgia for bringing it to our at- Our role is almost nonexistent. Mr. CALLAHAN. I yield to the gen- tention. In other parts of Africa, Rwanda, Bu- tleman from Georgia. AMENDMENT OFFERED BY MR. BURTON rundi and Burma, where thousands and Mr. DEAL of Georgia. Mr. Chairman, thousands, hundreds of thousands of as the chairman indicated, we have a Mr. BURTON of Indiana. Mr. Chair- man, I offer an amendment. people have been killed, we have not serious problem in this country with done a thing. We do not even talk regard to individuals who are nonciti- The CHAIRMAN. The Clerk will des- ignate the amendment. about it. zens who have been arrested for serious In a place called Kashmir, where felonies and have been ordered de- The text of the amendment is as fol- lows: there are half a million Indian troops ported. occupying that area, women are being They are then in the custody of the Amendment offered by Mr. BURTON of Indi- gang raped and men are being tortured Immigration and Naturalization Serv- ana: and killed. Amnesty International calls ice pending the acceptance back by Page 116, after line 5, insert the following: the policy of the Indian government their country of their citizenship. Un- SEC. . Of the funds appropriated or other- wise made available in this Act in title II ‘‘An official policy sanctioning fortunately, we have many countries, under the heading ‘‘DEVELOPMENT ASSIST- extrajudicial killings,’’ and we do not well over 100 countries now, who have ANCE’’, not more than $33,500,000 may be even talk about it. either refused to accept their citizens made available to the Government of India. In Punjab, since 1984, the last 14 to 15 back or are unduly delaying the proc- The CHAIRMAN. Pursuant to the years, a quarter of a million, 250,000 ess of accepting them back, over 3,300 order of the House of Thursday, July Sikhs, have been killed, not to mention people, and we are adding approxi- 29, 1999, the gentleman from Indiana those who have been tortured and mately 60 every month to this list. (Mr. BURTON), and a Member opposed maimed. In Kashmir, since 1988, a mere These are individuals who are having each will control 25 minutes. 10 years ago, 60,000 Muslims have been to be detained in our Federal detention Mr. CALLAHAN. Mr. Chairman, I killed. Thousands of so-called untouch- facilities at a cost of about $67 a day, rise in opposition to the Burton amend- ables, Dalits, the blacks in India, have and the cost on an annual basis is ment and claim all time in opposition somewhere in the neighborhood of been killed. to the Burton amendment. As result of some of these problems, about $80 million. The CHAIRMAN. The gentleman My amendment would have addressed there is a conflict going on on the bor- from Alabama (Mr. CALLAHAN) will that by simply saying to those nations, der between India and Pakistan that control 25 minutes. many of whom do receive assistance could lead to a real problem for that Mr. CALLAHAN. Mr. Chairman, I ask under this particular bill, that they part of the world, and, yes, the whole would not be able to receive that as- unanimous consent to yield half of the world itself, because both of those sistance unless they cooperated, which time allocated to me to the gentle- countries have nuclear weapons. Ac- is the responsibility and the comity of woman from California (Ms. PELOSI), cording to our own State Department, nations to accept your citizens back and that she be allowed to control said India paid over 41,000 cash bounties to once they have been ordered deported time. police for killing innocent Sikhs be- from another country, and that that The CHAIRMAN. Is there objection tween 1991 and 1993. In July of 1998, po- would be a condition for their receiving to the request of the gentleman from lice picked up Kashmir Sing, a man in assistance under this bill. Alabama? Punjab. They said they arrested him As the chairman has indicated, un- There was no objection. for theft. Then they tortured him for 15 fortunately, we did not receive the Ms. PELOSI. Mr. Chairman, I thank days. They rolled logs over his legs so waiver from the Committee on Rules, the distinguished gentleman for yield- he could not walk. They submerged but it is a serious problem, not only in ing me time. him in a tub of water and slashed his my district, but in many other parts of Mr. Chairman, I ask unanimous con- thighs with razor blades and put hot the country. We cannot criticize the sent to yield my time to the gentleman peppers into the wounds. INS for not issuing deportation orders from New York (Mr. ACKERMAN), and Sikhs are routinely found floating when we run into the problems of these that he be allowed to control said time. dead in canals with their hands and over 100 countries who refuse to co- The CHAIRMAN. Is there objection feet bound together. One thousand operate with that deportation process. to the request of the gentlewoman cases of unidentified bodies were cre- I want to thank the chairman for his from California? mated not too long ago by the mili- cooperation in making the matter a There was no objection. tary. matter before the House tonight. I ap- The CHAIRMAN. The gentleman Of course, I talked to you about the preciate his cooperation and look for- from Indiana (Mr. BURTON) is recog- Muslim persecution in Kashmir where ward to working with the gentleman as nized. there are 500,000 troops. Women are we approach the Commerce, Justice Mr. BURTON of Indiana. Mr. Chair- gang raped while their husbands are and State appropriation, as hopefully man, I yield myself such time as I may forced to wait outside at gun point. we can find wording that will address consume. The Christian persecution, since the issue there. I also appreciate his Mr. Chairman, our foreign policy in Christmas Day of 1998, there has been a willingness that if we are not success- our country has been concerned about wave of attacks on Christian churches, ful there, to continue to work with us human rights violations around the prayer halls, schools, including the to find a solution. world for a long time. However, Mr. murder of priests, one of which was be- I think the American people expect Chairman, we have been concerned headed. when we order a person deported, that about human rights around the world Our State department agrees. They their country will accept them back, on a very selective basis in this coun- said, ‘‘There was a sharp increase in at- and, if they do not, that they should try. tacks against Christians just last not expect to receive foreign aid at the Recently we were in Yugoslavia, in year.’’ Some of the things that are same time they are costing the Amer- Kosovo, trying to help the people who going on I cannot even talk about. ican taxpayers over $80 million a year. were being persecuted on both sides, They parade Dalit women, the blacks, Mr. CALLAHAN. Mr. Chairman, re- and there were about 10,000 deaths in around naked, and they are gang raped claiming my time, I would also say I Kosovo. In Haiti, we sent in our troops as well in many cases. H6818 CONGRESSIONAL RECORD — HOUSE August 2, 1999 The State Department report on page was put on India that they reluctantly India than the President, the Secretary 22 says, ‘‘The Human Rights Commis- bowed and complied with the U.N. rules of State, USAID, and the committee is sion is prohibited by statute from di- governing these transactions. recommending. I do not think it was rectly investigating allegations of India’s minister of oil and gas said, the intent of the gentleman from Indi- abuse involving army and paramilitary granted his agreement would violate ana to increase funding for India, but forces.’’ They are talking about the U.N. sanctions, but he said his country based upon the reading of his amend- Human Rights Commission in India. would never allow a friend like Iraq to ment, it appears to me that it raises They are specifically prohibited by suffer. He went on to say India is deep- the level of assistance to India and he statute from directly investigating al- ly concerned about the situation in may want to withdraw it. legations of abuse involving the army Iraq, adding that the Indian govern- Mr. ACKERMAN. Mr. Chairman, I and paramilitary forces. ment would offer Iraq all the political, yield such time as he may consume to The human rights organizations material, and moral support that they the gentleman from California (Mr. around the world, such as Human needed. BERMAN). Rights Watch says, ‘‘Despite govern- India also wants to help Iraq reha- (Mr. BERMAN asked and was given ment claims that normalcy has re- bilitate some Iraqi oil refineries and a permission to revise and extend his re- turned to Kashmir, Indian troops in lubricant oil plant. India and Iraqi offi- marks.) the state continue to carry out sum- cials have said they would like to soon Mr. BERMAN. Mr. Chairman, I rise mary executions, disappearances, rape sign a contract to develop two oil fields in strong opposition to the Burton and torture.’’ This report was written in southern Iraq. amendment. in July of 1999, this year. So India wants to help one of the Cutting development assistance for India at Methods of torture include severe worst tyrannical regimes in the world, this time would be totally counterproductive beatings with truncheons, rolling a Saddam Hussein’s, at a time when we because it would undermine U.S.-India rela- heavy log on the legs, hanging the de- are participating in a U.N. embargo. tions just when we're starting to make some tainee upside down, and the use of elec- And we are going to continue to send real progress. tric shocks. Indian security forces have the same amount of foreign aid or al- India showed great restraint in the recent raped women in Kashmir during search most the same amount. We are not Kashmir crisis, and the Indian government has operations. going to send any signal about the made a strong commitment to resuming bilat- I can go on and on. human rights violations or about them eral discussions with Pakistan as soon as all Amnesty International, another breaking this embargo, or wanting to militants have withdrawn behind the Line of human rights group says, ‘‘Torture, in- break this embargo, about their inten- Control. cluding rape and ill-treatment con- tion to work with Saddam Hussein to India has also indicated that signing the tinue to be endemic throughout the develop the oil fields in southern Iraq? Comprehensive Test Ban Treaty will be a high country.’’ This is in their annual re- And I say to my colleagues, do you not priority. port, 1999. ‘‘Disappearances continue to want to say anything about this? Do On both counts, India is moving in a direc- be reported during the year, predomi- you not want to send any kind of a sig- tion that's totally consistent with U.S. security nantly in Punjab and Kashmir,’’ 1999. nal to India? interests in South Asia. It would be foolish to ‘‘Hundreds of extrajudicial killings and Eleven million dollars is a drop in put this progress in jeopardy by cutting India's executions were reported in many the bucket, but it will tell the whole development assistance. states, including Kashmir and Punjab,’’ world that the United States is paying Mr. Chairman, human rights abuses should 1999, this year. attention to the horrible human rights be taken seriously wherever they occur. India, I talk about this year after year after abuses that are taking place, the atroc- like most countries in the world, doesn't have year. My colleagues who defend India’s ities that are taking place, the killings a perfect record. government policies keep coming down that are taking place, and, yes, the vio- But according to the latest State Department saying, ‘‘Oh, well, it is a big country, lations of the U.N. embargo that they report on human rights practices, India is mak- the second biggest in the world. We want to take place. ing real progress. The Indian Supreme Court have to keep those economic doors has acknowledged and condemned earlier b 2045 open. We have got to make sure that human rights abuses in Punjab, and the inde- we do business with them.’’ So I would say to my colleagues, who pendent National Human Rights Commission Well, okay, let us do business with I know have their minds already made is conducting an investigation. them, but let us at least send them a up and who are going to be out here en The best way to improve human rights in signal, send a little-bitty signal to masse tonight opposing this amend- India is to continue an open and frank dia- them that these kinds of atrocities ment, have a heart. Show a little bit of logue, not to cut programs that limit the cannot be tolerated, should not be tol- heart for these people who are suffering spread of AIDS, improve access to reproduc- erated. $11 million cut from our foreign over there. Because unless we say tive health services, and provide basic health aid to India is a drop in the bucket. something, nobody will. care for mothers and children. They are getting foreign aid from all Mr. Chairman, I reserve the balance With some 500 million Indians living below over the world. So if we cut them by a of my time. the poverty line, the modest amount of assist- mere $11 million, one-fourth of the de- Mr. CALLAHAN. Mr. Chairman, I ance we provide barely scratches the surface velopmental aid we are going to give yield myself 1 minute. when compared to the overall need. them, to send a little signal that they Mr. Chairman, I wish to point out to But it's an important symbol of the relation- should stop these human rights abuses, Members and to the author of the ship between the world's two largest democ- is that wrong? I think not. amendment that the intent of his racies and it should be continued. But if the persecution of these people amendment is unclear. The amendment I urge my colleagues to defeat the amend- were not enough, let me talk to you places a ceiling of $33.5 million on the ment. about something else, something that I amount of development assistance aid Mr. ACKERMAN. Mr. Chairman, I think is extremely important that we available to the government of India. yield 1 minute to the gentleman from have not talked about for a while. However, the President’s fiscal year Ohio (Mr. BROWN). Last week, my colleagues who sup- 2000 budget request for all development Mr. BROWN of Ohio. Mr. Chairman, I port these atrocities in India by not assistance to India, including both aid thank the gentleman from New York sending them a signal, last week the to the government and aid directly to (Mr. ACKERMAN) for yielding me this Indian oil minister attempted to cir- nongovernmental organizations, is time. cumvent the United Nations embargo only $28.7 million. In fact, about 85 per- Mr. Chairman, I rise in strong opposi- on Iraq by extending a $25 million loan cent of all aid funding to India goes tion to the Burton amendment. We to Iraq in a deal that knowingly vio- through NGOs, not the government. have heard a variety of arguments as lated, or were going to knowingly vio- Therefore, the amendment of the to why we should abandon ties with late the U.N. trade sanctions imposed gentleman from Indiana (Mr. BURTON) India, and frankly none of them make on Iraq for invading Kuwait in 1990. It would actually allow considerably sense. The fact is that India, the was not until international pressure more funding to the government of world’s largest democracy, is becoming August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6819 more closely aligned with the United The momentum gained in U.S.-India First of all, and again let me go back States and is increasingly important to relations in recent years needs to be to, India is a democratic government. I us as a trading partner and a strategic sustained and strengthened. It is the would hope people would invest in partner. world’s largest democracy and the India, and I hope that the United Over a quarter of a million people are world’s strongest democracy should be States has closer ties to India in the expected to vote in India’s fall elec- supporting our friend and ally. I urge a future. Nothing would make that more tions, free and fair elections open to ‘‘no’’ vote. likely than for them to seek peace in every citizen of every religion of every Mr. BURTON of Indiana. Mr. Chair- Kashmir by permitting the people region of every race. Think about that. man, I yield 4 minutes to the gen- there to have a vote of plebiscite which A nation of 1 billion people with a free tleman from California (Mr. ROHR- India, because of ego, continues to say and open press practicing democracy. ABACHER). no, no, no. And as long as that happens, This amendment sends the wrong Mr. ROHRABACHER. Mr. Chairman, India will be spending tens of millions message to the billions of people I rise in support of the intent of the if not hundreds of millions of dollars on around the world who yearn for a sec- gentleman from Indiana (Mr. BURTON) weapons. ular stable political system, a political to send a message to India. I really ac- Mr. Chairman, think of this. Today system in this country that our Found- tually admire India. India is a very we are only talking about decreasing ing Fathers believed should be based on large country that was created in a pe- the foreign aid to India by $11 million, universal freedoms. It sends the wrong riod of turmoil after the decline and when the Indians themselves are spend- message to the best allies that the the dissolution of the British Empire, ing hundreds of millions on conven- United States will ever have, the and India has managed over the years, tional weapons and at least tens of mil- world’s fledgling democracies, whether with great hardship, to have some fun- lions, probably hundreds of millions, on they are the people of India, the people damentally democratic institutions; nuclear weapons as well. That makes of Taiwan, or the people of Mali. and we should all recognize that they no sense at all for us to be subsidizing Mr. Chairman, I ask for opposition to have elections there and have struggled the weapons program of India. Instead, the Burton amendment. to have independent courts and free we should be sending this message to Mr. BURTON of Indiana. Mr. Chair- elections and some kind of freedom of convince them to solve this long-fes- man, I yield myself 1 minute. speech. tering problem in Kashmir and permit Mr. Chairman, the gentleman from There have been ups and downs. In some of the democratic reforms to take Alabama (Mr. CALLAHAN), chairman of fact, I believe that the American busi- place in Punjab and Jammu. the committee, just said that our ness community has made a tragic This would be a very positive mes- amendment only addresses develop- error in focussing on Communist China sage for us to send for only an $11 mil- mental assistance when he knows full as being that country which would be lion reduction. I would hope that my well that this amendment has been the recipient of aid and the recipient of colleagues join me. I am sorry if there proposed in years past when develop- investment over the years, when India has been some kind of a drafting prob- mental assistance and child survival was there and ready and willing to be a lem with this amendment, and I would and disease assistance was lumped into country that could increase the stand- hope that the gentleman from Indiana one category. Today he is trying to say is permitted to solve that drafting that if our amendment passes, that we ard of living of its people by industri- alizing and making itself more pros- problem here on the floor with some are actually increasing money to India, minor alteration of the text. when I think they are trying to come perous. However, let us recognize that with Mr. Chairman, I ask support for the up with a straw issue here to defeat the that that India has made some major intent of the gentleman from Indiana amendment and it is very dis- errors and some of them are based to- (Mr. BURTON). concerting. Mr. CALLAHAN. Mr. Chairman, I tally on ego. And when it comes to the Mr. CALLAHAN. Mr. Chairman, I yield 2 minutes to the gentleman from Kashmir and the Punjab and Jammu, yield myself 15 second in which to re- Michigan (Mr. KNOLLENBERG), who is a the Indian Government might as well spond by simply reading the gentle- member of our subcommittee. man’s amendment. It says ‘‘under the not be a democracy. For people in Mr. KNOLLENBERG. Mr. Chairman, heading Development Assistance.’’ The those areas, India might as well be I thank the gentleman from Alabama Nazi Germany. It might as well not gentleman’s amendment is drafted (Mr. CALLAHAN) for yielding me this wrong. I know that is not his intent. I have free elections at all, because time. was telling the gentleman this to make those people are being denied their Mr. Chairman, I rise in strong opposi- him aware of the consequences. The right and have been all along, espe- tion to the amendment offered by the amendment will actually increase the cially in Kashmir, to determine their gentleman from Indiana (Mr. BURTON) ability of the administration to in- own destiny through a plebiscite that as I have done for the last 5 years or so. crease development assistance. was required of them by the United Na- In light of the heightened tensions in Mr. ACKERMAN. Mr. Chairman, I tions. Kashmir, the Burton amendment is the yield 1 minute to the gentlewoman The Indian Government today has, as wrong approach at the wrong time. The from New York (Mrs. MALONEY). the gentleman from Indiana (Mr. BUR- gentleman from Alabama has men- Mrs. MALONEY of New York. Mr. TON) pointed out, hundreds of thou- tioned the NGO situation. That is aside Chairman, I thank the gentleman from sands of troops occupying Kashmir; from some of the things that I want to New York (Mr. ACKERMAN) for yielding and many of these troops have engaged say. It is important, obviously, but I me this time and for his great leader- in, as troops do when they are in hos- want to say this amendment will have ship on this issue and so many others. tile territory, engaged in major human the inappropriate and ill-considered ef- Mr. Chairman, I rise in opposition to rights abuses that have been docu- fect of ostracizing India at a critical the Burton amendment which would mented time and again by Amnesty point in the ongoing conflict over cut aid to India. A similar resolution International. There is really no doubt. Kashmir. or amendment was defeated in 1997, and Our own government’s Human Rights Mr. Chairman, instead of risking fur- we should do so again tonight. department here and the State Depart- ther tension in the region, the United The last two State Department ment have documented these human States should be actively engaged in Human Rights reports praised India for rights abuses. And take a look at what promoting peace in the subcontinent of the progress the country has made in is being said. The type of grotesque Asia. While the eventual resolution of the area of human rights. And in the human rights abuses against the people the Kashmir conflict must be resolved wake of the recent Pakistani-backed of Kashmir is the very same things we bilaterally between India and Paki- incursion across the line of control saw Saddam Hussein committing and stan, the United States has an interest into Kashmir, India has been praised also Milosevic down there in Kosovo in facilitating meaningful negotiations by the international community for and against the Bosnians. These things between the parties. In fact, I believe the restraint it demonstrated and for require us to act and to treat India in so strongly in bringing peace to this re- the steps it took to ensure that the sit- a certain way to try to get them to gion, that I have encouraged the ad- uation did not escalate out of control. change their behavior. ministration to appoint a special envoy H6820 CONGRESSIONAL RECORD — HOUSE August 2, 1999 to serve as an honest broker to the Mr. Chairman, the United States must work ment of India have negotiated on very sen- conflict. with India to limit the proliferation of nuclear sitive matters of disarmament and non-pro- But in order to help bring a frame- weapons, to address the security concerns of liferation. work for peace, the U.S. must come to the region, and to safeguard the progress that Serious efforts have been made by our two the table with clean hands. Supporting has been made in protecting human rights. countries to find common ground on these im- the Burton amendment would put the This amendment would not merely affect the portant security issues. recent progress in relations between level of assistance, which is already extremely Any action by the United States to stig- India and America at risk. Over the limited, but far more significantly, would stig- matize India on inaccurate human rights alle- past year, we have seen increased dia- matize India at precisely the moment we need gations will likely complicate our efforts to cre- logue on nuclear nonproliferation, a most to build trust. I urge my colleagues to ate a lasting and meaningful friendship in a better understanding of India’s secu- vote no on this amendment. very dangerous part of the World. rity concerns, and an increase in U.S.- Mr. ACKERMAN. Mr. Chairman, I It should also be noted that the aid we pro- India trade and investment. This im- yield such time as she may consume to vide to India goes for very important projects. provement in U.S.-India relations the gentlewoman from North Carolina The aid we provide to India goes to the control should be sustained and strengthened, (Mrs. CLAYTON). of AIDS, to population control, disease control not put at risk. (Mrs. CLAYTON asked and was given and rural development. In order to address concerns we may permission to revise and extend her re- These are important and worthy causes, have about India, it is important to marks.) causes that not only benefits India, they ben- focus on fostering a positive and con- Mrs. CLAYTON. Mr. Chairman, I rise efit us and the rest of the world. In 1997, we overwhelmingly defeated this structive dialogue. This amendment in opposition to the Burton amend- ment. amendment by a vote of 342 to 82. would do the exact opposite by risking We took the right position then, and we the progress we have made. Mr. Chairman, I oppose the Burton amend- ment. should take the right position now. Mr. Chairman, I urge my colleagues Mr. Chairman, let us as Members of Con- This amendment, whether it freezes, cuts, on both sides to vote against the Bur- gress not view the Government of India as or caps foreign assistance to India, is a step ton amendment and in support of peace being callous to alleged human rights viola- in Kashmir and engagement with India. in the wrong direction. India's Government is moving in the right di- tions. Mr. ACKERMAN. Mr. Chairman, I India has made great strides in their battle rection, at a rapid pace to strengthen its ties yield such time as he may consume to to bring together diverse states within its Re- with the United States and the world. the gentleman from North Carolina gion. (Mr. PRICE). The economic and diplomatic relationship Vote NO! on the Burton Amendment. (Mr. PRICE of North Carolina asked between the United States, the world's oldest Mr. ACKERMAN. Mr. Chairman, I and was given permission to revise and democracy, and India, the world's largest de- yield such time as she may consume to extend his remarks.) mocracy, would receive a harmful blow with the gentlewoman from Texas (Ms. Mr. PRICE of North Carolina. Mr. successful passage of this amendment. JACKSON-LEE. Chairman, I rise in strong opposition Mr. Chairman, the Government of India has (Ms. JACKSON-LEE of Texas asked to the Burton amendment and ask per- been on a constant pace of change since and was given permission to revise and mission to include the full text of my 1991. extend her remarks.) remarks in the RECORD. Indeed, the most recent State Department Ms. JACKSON-LEE of Texas. Mr. Mr. Chairman, I rise again this year to op- human rights reports praised India for the sub- Chairman, I rise in strong opposition pose the Burton amendment which would un- stantial progress it has made. to the Burton amendment. fairly and unwisely cut foreign assistance to India has established a process to receive Mr. ACKERMAN. Mr. Chairman, I India. As this body has done repeatedly in the and resolve complaints of human rights viola- yield 11⁄2 minutes to the gentleman past, I urge my colleagues to reject this tions. from New Jersey (Mr. PALLONE). amendment. Those complaints are investigated. Mr. PALLONE. Mr. Chairman, I just Adoption of this amendment would send the And when officials and members of security find it so sad to listen to my colleagues wrong message at the wrong time. We have forces are found to have violated human in support of this Burton amendment recently witnessed the de-escalation of a dan- rights, India has taken swift and sure action. spread inaccurate information about Indeed, the human rights violations that Mr. gerous confrontation between the world's two India which has tried so hard to deal BURTON alleges, no longer exist. effectively with human rights problems newest nuclear powers, India and Pakistan. India is a strong and vibrant democracy, Rather than praising India for the restraint it within the country. with an independent judiciary, a free press The true human rights problem in demonstrated during the recent situation in and an active voting population. Jammu and Kashmir, the Burton amendment Kashmir is that of a violent separatist More than 650 million citizens are expected movement supported by outsiders, sup- would rebuff India and, in targeting humani- to vote in India's elections later this year. ported by Pakistan, carried out by the tarian aid, would punish the poorest and need- There is no other nation that can boast of followers of bin Laden and other ex- iest people in a country where 500 million live voter participation by that many citizens, and tremist terrorist leaders destroying the below the poverty line. few that can match India's voter turnout which homes and lives of thousands of peace- We are all aware of tensions in our relation- ranges around two-thirds of its voters. loving Hindus and Muslims. ship with India because of the nuclear tests And, there is no other nation that can boast In Kashmir, and Kashmir is part of fourteen months ago. Over the past year, of its economic ties to the United States in India, the Indian security forces are however, we have made significant progress comparison to India. trying to maintain order and protect in intense bilateral talks between the United U.S. business in India has grown at an as- all the citizens of Kashmir, Muslims States and India. India has expressed readi- tonishing rate of nearly 50 percent a year and Hindu alike, just like we would do ness to cooperate in developing a multilateral since 1991, from $500 million then, to more in any State of the United States. agreement to halt production of fissile mate- than $12 billion now, with the United States I heard mention of Punjab. In Pun- rials and to sign the Comprehensive Test Ban becoming India's largest trading partner and jab, there is a Sikh government elected Treaty. We need to be encouraging this sort of largest investor. by the Sikhs themselves which has progress. The Burton amendment could stop it Some one hundred of America's Fortune been in place for over 21⁄2 years. cold. 500 companies have invested in India, opened Mr. Chairman, I heard mention of India has made significant progress in liber- offices and plants there. Dalits. The President of India is a alizing her economy and increasing trade and With so many large American companies Dalit, an untouchable. The President of investment. The momentum created by these that have now invested in India and opened India. The Indian Constitution specifi- reforms would also be impeded by passage of operations there, it would be foolish to break cally provides that the caste system is the Burton amendment. United States busi- those ties, ties that we have so diligently outlawed and not recognized in that nesses are India's number one overseas in- strived to assemble. state. vestor. Some 107 Fortune 500 countries are It is false and misdirected to say that India b currently invested in India, and United States is not our friend. 2100 high tech firms see India as one of the world's I would remind my colleagues, Mr. Chair- We have a national human rights most important developing markets. man, that our Government and the Govern- commission in India that has been August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6821 lauded by the State Department and those specifically in India in this in- with trade between our two countries exceed- other international agencies for going stance would be cut off. We are talking ing $10 billion annually. after human rights violations, bringing about immunizations against commu- Deep cuts in humanitarian assistance to people to justice, jailing people who nicable diseases, basic education, nu- some of the world's neediest people are not committed those kinds of violations. trition programs, programs relating to the way to go about addressing the gentle- The gentleman from Indiana (Mr. HIV/AIDS. man's concerns and advancing American in- BURTON) talked about a loan to Iraq. I urge opposition to the amendment terests. Accordingly, this member urges his The loan to Iraq, from what we under- of the gentleman from Indiana (Mr. colleagues to reject the Burton Amendment. stand, we have talked to the embassy, BURTON). Mr. ACKERMAN. Mr. Chairman, I is nothing more than basically for hu- India is already subject to a wide range of yield 1 minute to the gentleman from manitarian purposes. It is just totally sanctions in accordance with Glenn Amend- Florida (Mr. HASTINGS). inaccurate information that we are ment to the Arms Export Control Act. As a re- Mr. HASTINGS of Florida. Mr. Chair- getting on the other side. sult, all military assistance and even the com- man, I thank the ranking member for Mr. BURTON of Indiana. Mr. Chair- mercial sale of defense articles are prohibited. yielding me this time. This marks the man, I yield myself such time as I may All foreign assistance except humanitarian as- fifth year that the gentleman from In- consume. sistance has been terminated. diana (Mr. Burton) has submitted an Inaccurate information. Human While this Amendment does not affect the amendment that unjustly singles out Rights Watch. My colleagues, I hear $81 million in P.L. 480 Title II food aid pro- India and hopefully the fifth year that them quoting from them all the time. vided by the United States, it does directly af- we decide to vote it down. Amnesty International, I hear my col- fect other kinds of humanitarian aid. Utilizing The alleged claims of the gentleman leagues quoting them all the time. the waiver process, the remaining U.S. devel- from Indiana (Mr. BURTON) of India’s They quote them all the time. They sit opment aid program responds other non-food human rights violations completely ig- over there, and they smile and they humanitarian aid which supports to two key nore the last two State Department laugh. U.S. national interests: (1) The global issues human rights reports that praise India Amnesty International Human of population growth, infectious diseases and for its considerable progress in the Rights Watch, the 1999 report that just environmental conservation; and (2) the hu- human rights area. Supporting the Burton amendment came out, 1999 report: gang raping manitarian concerns of alleviating poverty and would not just weaken our dialogue women, gang raping women, torturing supporting child survival. with India but would undermine the people, throwing people in canals with This Amendment would directly affect these strong economic relationship that both their hands tied behind their back and poverty alleviation and basis development pro- of our countries have achieved. their feet tied, drowning them; and grams. It would cut HIV/AIDs containment and The United States is India’s largest that is an error? Come on, guys. cut immunizations against such communicable trading partner and largest investor. My colleagues are obviously con- diseases as polio and tuberculosis. It would U.S. investment has grown from $500 cerned about constituents of theirs cut basic education and nutrition programs. million per year in 1991 to more than who lobby them hard. I understand The recipients of this aid, mostly poor Indian $12 billion in 1999. Many large Amer- that. But the fact of the matter is women and children, have absolutely nothing ican companies have seen the economic these things are going on, and we are to do with their government's nuclear prolifera- opportunities in India and have in- not doing a damn thing about it. tion, human rights or foreign trade policies. vested heavily there. Mr. Chairman, I reserve the balance Their lives should not be further jeopardized We clearly need to sustain and fur- of my time. for the sake of making a symbolic political ther strengthen the momentum that Mr. CALLAHAN. Mr. Chairman, I statement. has been gained in U.S.-Indo relations, yield 1 minute to the gentleman from Our national interests in South Asia go be- instead of proposing legislation that Nebraska (Mr. BEREUTER), who is yond poverty alleviation. With India's and Paki- merely alienates an important ally. chairman of the Subcommittee on Asia stan's successful testing of nuclear weapons, Mr. Chairman, I rise today in opposition to and the Pacific. it is in our own short term and long term na- the amendment offered by the gentleman from (Mr. BEREUTER asked and was tional security interests to bring both South Indiana. This marks the fifth year that Mr. given permission to revise and extend Asian countries into the regime of international BURTON has submitted an amendment that un- his remarks.) arms control agreements. The chances for justly singles out India, and hopefully, the fifth Mr. BEREUTER. Mr. Chairman, I and consequences of nuclear warfare in this year that we decide to vote it down. rise in opposition to the amendment. very volatile region are too great to belittle Mr. BURTON's alleged claims of India's The amendment, according to the in- with symbolic political statements aimed at human rights violations completely ignore the tent of the gentleman from Indiana only party. In just the past few months, we last two State Department human rights re- (Mr. BURTON), would cut one-quarter of have seen tensions escalate to a very dan- ports that praise India for its considerable the development assistance aid to gerous level due to Pakistan's irresponsible progress in this area. The Burton amendment India. This would affect, of course, not provocations in Kashmir. The fact that India would substantially cut cricial U.S. humani- only American national interests, but reacted in a relatively measured and inter- tarian aid to India and would send the wrong some of the neediest people in the nationally responsible way certainly helped message from the world's first democracy to world in South Asia. contain and diffuse the conflict. While this the world's largest. Make no mistake about it, the pur- Member doesnot support direct linkage be- With the recent Pakistani incursion across pose of the gentleman’s amendment is tween humanitarian aid and regional conflict the Line of Control into Jammu and Kashmir, punitive. It is designed to show our dis- resolution, to arbitrarily cut humanitarian as- India was praised by both the Administration pleasure and our disapproval of the sistance to India given these recent positive and the International Community for the ex- government of India. But India, a na- actions by New Delhi would, indeed, under- traordinary restraint it displayed in confining its tion of a billion people, is too impor- mine the leverage we have and jeopardize our response to terrorist occupied territory. Mr. tant to American interests to threaten efforts to further engage India on critical nu- BURTON'S amendment has a peculiar way of or to punish in order to send a message clear proliferation issues that affect their own showing our support. or to show a pro-Pakistan tilt. Regret- national security. The government of India has worked hard to tably, despite his intent to the con- Human rights problems exist in India. It is address human rights issues. India has ar- trary, I have to submit that the gentle- appropriate for us to express concern about rested and prosecuted more than 100 individ- man’s amendment does not serve our this issue. However, cutting humanitarian as- uals associated with the recent string of reli- national interests, neither with regard sistance is not an appropriate or effective way gious attacks that occurred earlier this year to arms control nor in relationship to to influence human rights practices in India. and has passed laws to take action against human rights. On the contrary, it only punishes the poor in those officials that have committed human It cuts off all aid except Public Law India, who unfortunately, are often the actual rights violations. Truly, Mr. BURTON'S allega- 480 Title II when it comes to humani- victims of human rights transgressions. tions continue to be based on outdated and in- tarian aid. Some of the most important India is not our enemy. India is a friendly accurate information. things that we are trying to do to as- democracy. The United States continues to be Supporting the Burton amendment would sist the poorest people in the world and India's largest trade and investment partner not only weaken our dialogue with India but H6822 CONGRESSIONAL RECORD — HOUSE August 2, 1999 would also undermine the strong economic re- a terror to that entire region. He is a Today, India is the world's largest democ- lationship that both of our countries have blot on the world. India says they want racy with 950 million people. For half a cen- achieved. The United States is India's largest to help them, and we are not going to tury India has struggled to overcome colo- trading partner and largest investor. U.S. in- send a signal? Let alone the human nialism, religious and ethnic conflicts and all of vestment has grown from $500 million per rights violations. the problems of underdevelopment. year in 1991 to more than $12 billion in 1999. Mr. Chairman, I reserve the balance India has made tremendous progress in try- Many large American companies have seen of my time. ing to address its human rights problems. the economic opportunities in India and have Mr. CALLAHAN. Mr. Chairman, I India has instituted a process to receive com- invested heavily there. yield 2 minutes to the gentleman from plaints, initiate investigations of all claims, and We clearly need to sustain and further New York (Mr. GILMAN), the chairman passed laws to take action against those offi- strengthen the momentum that has been of the Committee on International Re- cials and members of security forces that have gained in U.S.-Indo relations. Instead of pro- lations. committed human rights offenses. The Burton posing legislation that merely alienates an im- (Mr. GILMAN asked and was given amendment would eliminate U.S. assistance portant ally, I suggest the esteemed member permission to revise and extend his re- to help sustain these achievements. from Indiana first take the time to travel to marks.) Mr. Chairman, I know that India is not a per- India and see its progress first-hand. Mr. Mr. GILMAN. Mr. Chairman, I rise in fect country. However, and perhaps unfortu- Chairman, I urge all of my colleagues to help opposition to the amendment offered nately, there are none, or at the very least, India continue its progress in spreading the by the gentleman from Indiana (Mr. none that I am aware of. Even in our own ideals of democracy by voting no to the Burton BURTON), cutting development assist- country, one whose democracy is much older, amendment. ance to India. one that is more technologically advanced, we Mr. BURTON of Indiana. Mr. Chair- Democratic India is in a tough neigh- are still trying to form a more perfect union man, I yield myself such time as I may borhood. China occupies Tibet to In- and so is India. consume. dia’s north. China sells nuclear and So why, why reduce or cut funding to the Mr. Chairman, I would just like to ballistic technology to Pakistan on In- world's largest democracy? Why cut funds to point out that there are seven multi- dia’s west, and China has sold over $1 a nation that is working hard and struggling to lateral and 13 bilateral donors that pro- billion worth of arms to the drug-run- pull itself out of the depths of poverty and de- vide assistance to India. ning Burmese military junta to India spair? Why cut back and or cut out the The United States is the seventh east. Our Nation should be strongly progress that is being made? W.E.B. Dubois largest donor after the World Bank, the supporting India, the only truly demo- is reported to have once said, when asked Asian Development Bank, the Euro- cratic nation of the subcontinent. about the lack of progress being made by Afri- pean Union, Japan, Germany, and the Passage of the Burton amendment can Americans towards becoming a part of United Kingdom. would undercut our strategic goals of mainstream America, Dubois is reported to So there is a lot of people that are supporting peace and stability through have said that ``a people so deprived should giving money to India. But nobody is the promotion of democratic govern- not be expected to race with the wind,'' per- sending any kind of a message to them ments in the region. haps one could say that a young democracy that they ought to clean up their act as In regards to the point of the gen- like India should not be expected to progress far as the human rights tragedies that tleman from Indiana (Mr. BURTON) that at a much faster pace. are going on. India will enter into a commercial ar- They are making progress in the human Christians are dying in Nagaland. rangement with Iraq, I received infor- rights arena, but have not quite gotten there Dalits, the blacks in India, are being mation from the State Department yet. They are moving in the right direction and persecuted and are dying because of In- that the Indian ministry of external af- I say, let's help and not hinder them, let us dian repression, because of the caste fairs has issued a statement that India support and not oppose them, let us fund and system. In Punjab, Sikhs are dying and will only enter into contracts approved not cut them. being tortured. In Kashmir, women are by the U.N. sanctions committee on Mr. Chairman, I have lived long enough to being gang raped and men are being Iraq. understand the African proverb that says when tortured and dying. People are going to Accordingly, I urge my colleagues to elephants fight it is the grass that suffers, in jail without proper judicial pro- vote against the Burton amendment. this case it is the people, 950 million of them. ceedings. Mr. ACKERMAN. Mr. Chairman, I Today let us make a stand for the 950 million We ought to at least send a signal. yield 1 minute to the gentleman from people who need our help. That is all we are saying. They are get- Illinois (Mr. DAVIS). Vote ``No'' on the Burton amendment and ting money from all over the world. A (Mr. DAVIS of Illinois asked and was ``Yes'' for people of India. signal. The signal is going to be sent given permission to revise and extend Mr. CALLAHAN. Mr. Chairman, I tonight whether we pass this amend- his remarks.) yield 11⁄2 minutes to the gentleman ment or not because we are talking Mr. DAVIS of Illinois. Mr. Chairman, from Florida (Mr. MCCOLLUM). about it. I want to thank the gentleman for (Mr. MCCOLLUM asked and was The Indian ambassador came to me yielding me this time. given permission to revise and extend and did not want me to introduce this India is the world’s largest democ- his remarks.) amendment because of what is going on racy, and I agree that she is not a per- Mr. MCCOLLUM. Mr. Chairman, I over there right now. But somebody fect nation. But I really do not know rise to oppose the Burton amendment said to me a little while ago, what any perfect nations. this evening, as I have done several about the signal this is sending because India is a young democracy, much times over. A very similar amendment of the chaotic situation that is going younger than our very own. We still to make the same type of point was de- on up there on the border between have problems with human rights in feated in 1997 by a vote of 82 to 342 in Kashmir and Pakistan or India and America. But India is moving, moving this House, and I would hope that this Pakistan? positively and progressively to try and amendment would be defeated by a But what about the signal that was overcome some of the difficulties of a similarly wide margin. sent when they were going to give $25 country that has been colonized, a The reason I feel this way and so million to Iraq just the other day? country steeped in poverty, a country strongly is because it is our national When the Indian ambassador was in my that is seeking, working, struggling to security interest for the United States office, they were planning to give $25 overcome. Let us not take them back. to have a strong relationship with million to Iraq in violation of the U.N. Let us help them, not hurt them. India. embargo. Does not anybody care about There is an old African proverb that We do not need to be showing the that? says ‘‘When elephants fight, the grass kind of vote that a vote for this amend- Do we want them to support and gets hurt.’’ Well, India will be hurt, 950 ment would do right now when we are work with Saddam Hussein? They said million of them. Let us help them, not having the best relationships we have they are planning to work with him in hurt them. ever had with India in the entire his- developing oil fields in southern Iraq. Mr. Chairman, I rise in support of India and tory of the two countries; at a time Saddam Hussein has not changed. He is against the Burton amendment. when India is sharing a common fight August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6823 with us against terrorism, terrorism All I can say is we are not talking cross that off and do not have annex- spawned by radical Islamists in that about destabilizing or causing a prob- ation to Pakistan on the agenda. Let region of the world which do terrorist lem in India right now. What we are them vote either to join India or to be- acts, not only in India, but all over the talking about is sending a message to come an independent state. They will world, and particularly against our in- them. We are talking about sending a not even agree to that. terests in many parts and maybe message to them that human rights If Kashmir were located in Europe or against us ourselves; at a time when violations, that gang rapes by Indian in Yugoslavia, we would all be con- China is a growing presence that we soldiers who are occupying, imposing cerned about the denial of self-deter- are not quite sure of and India provides martial law on Kashmir and Punjab mination by the people of Kashmir. It a democratic ballast in that part of the will not be tolerated. has gone on for decades now and no- world; at a time when India has just I am not saying sever relations with body seems to care about the fact that rebuffed the Pakistani incursion across India. I am not saying that we should the world’s largest democracy, and the line of control in Kashmir and, not do business with India, trade with India likes to call itself the world’s under very extreme pressure of inva- India. I am saying we should send them largest democracy, and I applaud de- sion, did the right thing and limited a strong signal like we should send to mocracy in India, but it has great limi- itself in restraint and, in the end, pre- China. We do not want espionage from tations and it is totally blind when it vailed. I think this is a time to reward China. We do not want them stealing comes to democracy for Kashmir. India, not to attack it. our nuclear secrets in our nuclear labs. Kashmir is not permitted to exercise I personally have spoken with the In- We do not want them trying to influ- the simple right to vote. dian ambassador within the past week, ence our elections, like we do not try Now we have a situation where the and I am very aware that the activity to influence theirs. We do not want situation has escalated because these level involving the question of the aid India to violate human rights, or two powers, which dispute about a to Iraq is fully within the United Na- China. number of things but mainly about tions’ parameters. So we should send signals to those Kashmir, are now nuclear powers. They There is nothing involved about countries around the world where that are nuclear powers. And I hate to say, human rights that has not been hashed occurs. We are supposedly the super- but as new nuclear powers or amateur over before. The reality is, yes, there power. We are supposedly the moral nuclear powers, they may rush into are human rights violations; but the compass in this world. If we are the something and cause havoc in that part reality is our State Department says it moral compass, then at least send a of the world. And of course, once we is improving, and it says so in its most signal to them. start using nuclear weapons, we have a current report. If we cut off just $11 million, and we problem with the atmosphere, we have Mr. ACKERMAN. Mr. Chairman, I did vote for that one year. We did pass a problem with the ashes being blown yield 30 seconds to the gentleman from that one year not too long ago, because and radioactivity, all kinds of things NDREWS). New Jersey (Mr. A can be set off by a war over Kashmir (Mr. ANDREWS asked and was given I do remember debating Steven Solarz between Pakistan and India. permission to revise and extend his re- on this subject. I think sending that I think that if we remove Kashmir as marks.) signal was the reason that India un- Mr. ANDREWS. Mr. Chairman, I rise leashed all of its resources that they a point of contention between India in opposition to the Burton amend- possibly could to lobby this body so and Pakistan, we would take a giant ment. There is no higher priority in that we would not ever do it again. step toward promoting peace in that U.S. foreign policy than checking the They evidently have been fairly suc- part of the world and toward avoiding potential of aggression by the People’s cessful. a catastrophe which would pull in Republic of China. There is no greater But the feeling I have that is so many other nations. interest in checking that potential ag- strong and the reason I bring this up Now, I was all in favor of doing what gression than the promotion of a sta- year after year is because I cannot go we did in Kosovo, because I thought it ble, secure, and democratic India. to sleep at night when I know that was important to establish a new As the gentleman from Illinois (Mr. there are gang rapes taking place, peo- moral order and to send a message to DAVIS) just said, no, India is not per- ple being tortured, people being put in predators like Slobodan Milosevic. But fect. No one is. But India is essential to jail for no good reason other than they India does not have any evil person we the future long-term interests of the do not like what is going on when we can personify in the case of Kashmir. United States. are supposed to be the people who real- But they have a long-term policy, a This amendment takes us in the ly believe in freedom, democracy, and long-term policy of just denying the wrong direction. It should be defeated. human rights. right to self-determination to the peo- Mr. BURTON of Indiana. Mr. Chair- Mr. Chairman, I yield such time as he ple of Kashmir. Who can justify that? man, I yield myself such time as I may may consume to the gentleman from And why not send a signal to India? consume. New York (Mr. OWENS). Why not do something? Mr. Chairman, the logic of some of Mr. OWENS. Mr. Chairman, I have I do not hear the United Nations de- the arguments tonight kind of eludes listened to the debate for the last 10 bating it. I do not hear anybody pro- me. One of my colleagues was talking minutes, and I am appalled by the fact posing a sense of the Congress resolu- about India being such an essential in- that the debate is taking place without tion. Why are we ignoring the problem gredient in world peace and, for that any real examination of the question of of Kashmir? Why do we let it go on and reason, we ought to do everything we Kashmir. on for decades? Are we waiting for an explosion? Are we waiting for some- can to work with them. b The logic that we have used with 2115 thing more serious that we will be China is that China is so big, and they I have heard the various reasons that drawn into? Are we waiting when we are a nuclear power, we have to stay the gentleman has given for sending a will have to take sides because of geo- engaged with them. We cannot criticize signal to India, but the reason that all politics, that China may be on one side, them. We cannot do anything but ap- of us should be concerned about send- therefore we have to get on the other pease them because it might lead to a ing a signal to India is that the Kash- side? Why do we not proceed with a conflict down the road. As a result, we mir bind that we have been in for al- simple nonviolent solution. accept things like nuclear espionage; most 50 years is caused by the fact that People have said we should not have we accept things like illegal campaign India refuses to accept the simple route gone into Kosovo with bombs; we contributions coming to the United of Democratic self-determination for should not have gone into Kosovo with States. Kashmir. NATO; we should have had a non- Attitudes of appeasement usually do Kashmir is a large body of people violent solution. Here is an oppor- not lead to a solution. They lead to a who ought to have the right to vote as tunity for a nonviolent solution. And conflict. We saw that in World War II to what they want to do, whether they India, as a nation, has always been in when Lord Chamberlain went to Mu- want to be independent or join Paki- favor of nonviolence in many in- nich. stan, or maybe we will even let India stances. Gandhi was the founder of the H6824 CONGRESSIONAL RECORD — HOUSE August 2, 1999 whole nonviolent movement. Why do tional and regional political parties We have heard talk of the Iraqi po- we not send a signal to India that we will be participating in the elections. tential loan, and yet that loan would would like to see them change their India maintains an independent judici- go through only with the approval of ways and let Kashmir have a vote on ary, a free press, and diverse political the U.N. Sanctions Committee, which self-determination. Any signal would parties. The India press corps actively means that India will do nothing with- be a good signal in my opinion. insists in investigating human rights out the consent of the United States I certainly will support the gentle- abuses on a regular basis. which has a veto on that committee. man’s amendment, because nothing So I understand my colleague. Every We are told that India should just else is being done. year he comes to the House floor and allow Kashmir to secede, but there Mr. CALLAHAN. Mr. Chairman, I offers this amendment. But in this have already been elections in Kash- yield 11⁄2 minutes to the gentleman case, I think his differences with the mir. The chief minister is a Muslim. from Florida (Mr. STEARNS). government of India should not harm And we should hesitate a minute before (Mr. STEARNS asked and was given the Indian people, especially those who we announce that every country should permission to revise and extend his re- are in need of the aid. allow any province at any time to hold marks.) Mr. ACKERMAN. Mr. Chairman, may a referendum on secession, because Mr. STEARNS. Mr. Chairman, I rise I inquire as to the time remaining? when South Carolina wanted to secede, to oppose the amendment of my good The CHAIRMAN. The gentleman that was a rather bad idea. 1 friend the gentleman from Indiana (Mr. from New York (Mr. ACKERMAN) has 6 ⁄2 The Burton amendment is the wrong ap- BURTON). minutes remaining, the gentleman proach at the wrong time. In the wake of the 1 Without question, the U.S. relationship with from Indiana (Mr. BURTON) has 1 ⁄2 min- recent Pakistani incursion across the line of India has been undergoing tremendous im- utes remaining, and the gentleman control, the U.S. and India have a new oppor- 1 provements in the last decade. With the rising from Alabama (Mr. CALLAHAN) has 4 ⁄2 tunity to build a broad-based relationship. In- influence of Communist China over Asia, it is minutes remaining. stead of applauding India for the admirable re- Mr. ACKERMAN. Mr. Chairman, I in the vital national security interest of the straint shown in the recent Kashmir crisis, this yield 1 minute to the gentleman from United States to solidify our friendship and co- amendment would punish India by cutting cru- operation with india. New Jersey (Mr. HOLT). Mr. HOLT. Mr. Chairman, I thank cial humanitarian assistance. Not only is India directly threatened by the The Burton amendment would substantially the gentleman for yielding me this belligerent government in China, Pakistan cut critical U.S. humanitarian aid to India. time, and I rise in opposition to the gave military assistance to a band of terrorists These programs limit the spread of HIV/AIDS, Burton amendment. who crossed into indian territory of Kashmir As in the past, the gentleman from improve access to reproductive health serv- and began a military assault. ices, and provide supplemental feeding and Indiana (Mr. BURTON) has cited human The Indian military responded with equal rights abuses in India as the reason for basic health services to mothers and children. force and fought to defend its territorial integ- his legislative initiative. While human A similar amendment was defeated in 1997 by rity. India was praised for demonstrating re- rights abuses have been uncovered in a vote of 342±82. No similar amendment was straint and confined its military activities to re- India, it is important to note the sig- offered in 1998. capturing its territory that was occupied by nificant progress that India has made India is addressing the human rights viola- Pakistani-backed military forces. By adopting a in resolving human rights problems. tions cited by Mr. BURTON. The last two State proper and proportionate military response to As noted in the State Department’s Department Country Reports on Human the violation of india's borders, India took human rights report on India, India is Rights praised India for making substantial steps to ensure that the situation did not spin addressing its human rights problems progress in the area of human rights and for out of control and escalate further. because it is a democracy, as noted, the its independent National Human Rights Com- The Burton Amendment would substantially world’s largest. Although the country mission. The Government of India has also cut critical U.S. humanitarian aid to India. Ex- has confronted many challenges since continued to allow the International Committee amples of humanitarian aid projects include: gaining independence in 1947, it has of the Red Cross to visit prisons in Kashmir. AIDS control, population and disease control, stayed true to its founding principles. As further evidence of progress on human and rural development. For 50 years, India has been striving rights, India has arrested and prosecuted In regard to trade, the U.S. is India's largest to build a civil society, to institu- more than 100 individuals associated with the trading partner and largest investor. U.S. in- tionalize democratic values of free ex- recent string of religious attacks that occurred vestment has grown from $500 million per pression and religion, and to find earlier this year. In addition, India has passed year in 1991 to $12 billion in 1998. Despite strength in the diversity of its land and laws to take action against those officials and the collapse of various economies in South- its people, despite such things as out- members of security forces that have com- east Asia over the last two years, the indian side insurgence in Kashmir. mitted human rights violations. economy continued to grow at a rate of 6% in I do not see why we would want to India is under constant terrorist attacks from 1998. jeopardize this humanitarian aid. With- the followers of people like Osama bin Ladin, India has been criticized in the past holding this aid would punish the same who have training camps set up across India's for human rights violations. The last people this ill-conceived amendment borders in Pakistan. Groups like Harkat ul- two reports on human rights from the seeks to protect, adequate nutrition, Mujahidin, an organization officially designated State Department praised India for the shelter, and education. These are as terrorist, by the State Department, routinely substantial progress the country has human rights too. attack Indian citizens with car bombs, sniper made in the area of human rights and, I oppose the amendment, and I urge attacks, kidnappings and wholesale slaughter of course, as mentioned the creation of my colleagues to also oppose it. of towns in an attempt to disrupt any kind of the independent National Human Mr. ACKERMAN. Mr. Chairman, I peace in the Indian state of Jammu and Kash- Rights Commission. yield 1 minute to the gentleman from mir. As many of my colleagues know, this California (Mr. SHERMAN). The greatest violations of human rights in is the world’s largest democracy. Elec- (Mr. SHERMAN asked and was given Kashmir are being committed by the Pakistani tions have been held in this country in permission to revise and extend his re- sponsored terrorist groups which in the last a fair manner and they have made tre- marks.) several months have targeted dozens of en- mendous strides towards their democ- Mr. SHERMAN. Mr. Chairman, I rise tirely innocent civilians, from participants in racy. In 1997, in the State of Punjab in opposition to the Burton amend- wedding parties to passengers on buses. open and democratic elections were ment as I have in the past. India is a strong and vibrant democracy that held and there was a 67 percent turn- We have heard India attacked for features an independent judiciary, free press out. Elections in India are regular. spending money on its own defense and and diverse political parties. In fact, the Indian They are contested by numerous par- yet it is subject to attack by the Paki- press corp, among the most active in the ties and scrutinized by a free press. stani army in an action of aggression world, assists in investigating human rights Later this year, India will conduct as Kashmir. And just as importantly, abuses, as do Indian non-governmental orga- the largest exercised democracy in the China, one of the world’s emerging nizations. world. More than 250 million people are powers, occupies a small part of India’s The U.S. is India's largest trading partner expected to vote. More than 100 na- territory. and largest investor. U.S. direct investment August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6825 has grown from $500 million per year in 1991 embargo. They were going to violate from Indiana comes to the floor as a to $12 billion in 1998. Despite the collapse of the U.N. sanctions. champion of human rights. Does he not various economies in Southeast Asia over the Let me just end by saying that the know that in Kashmir there is an elect- last two years, the Indian economy continued reason I come down here year after ed government, democratically elected; to grow at a rate of 6% in 1998. In the first year is not because I like to argue with a government that is under continuous half of 1999, new foreign investment in India my colleagues, because I know the assault from secessionist terrorists totaled $600 million. other side outnumbers me. And though who are responsible for numerous seri- Many large American companies have in- I really liked Cyrano de Bergerac, ous abuses, including extrajudicial exe- vested in India and opened plants and offices where he fought hundreds of people by cutions, torture, kidnapping and extor- there. More than 100 of the U.S. Fortune 500 himself and emerged victorious, I come tion? have invested in India. Among those compa- down here with no false illusions. I Mr. Chairman, the fountainhead of nies are General Electric, Boeing, AT&T, know when I come down, my colleagues human rights violations in Kashmir is Citigroup, Morgan Stanley, Ford Motor Com- will beat me into the ground. But I state-sponsored terrorism from across pany, Microsoft, IBM, Coca Cola, Pepsico, Eli think it is important that we bring the border in Kashmir. Just recently, Lilly, Merrill Lynch, McDonnell Douglas, US this issue up, because human rights are we bore witness yet again to the fact West, Bell Atlantic, Sprint, Raytheon, Motor- being violated in Kashmir and Punjab; that India was being victimized by an ola, Amoco, Hughes, Mobil, and Enron. because U.N. agreements have been egregious invasion of forces from Later this year, India will conduct the largest violated, going back to 1948 and the across the border in Pakistan. This in- exercise of democracy in the history of the plebiscite that was agreed to. vasion would have become a full- world. More than 250 million people are ex- All I can say to my colleagues is that fledged war but for the commendable pected to vote and more than 100 national someday I hope that we will see fit to restraint shown by New Delhi. India and regional parties will be participating in the send some kind of signal to India that has demonstrated that it is a respon- elections. will bring about some positive change. sible nuclear power, that it does not The best way for us to help India continue Mr. Chairman, I ask unanimous con- get provoked easily, and it knows that to improve its human rights record is to en- sent to withdraw my amendment. real power means acting with re- gage in positive and constructive dialogue, The CHAIRMAN. Is there objection straint. one democracy to another. Not with punitive to the request of the gentleman from b 2130 sanctions and cuts in assistance. Indiana? The Burton amendment will run counter to Mr. ACKERMAN. Reserving the right India should be recognized for its ex- the progress that has been made in bilateral to object, Mr. Chairman, I will not ob- ceptional conduct during the recent relations between the U.S. and India. During ject if we do that after the closing Kargil aggression. This amendment of the past year, U.S.-India relations have been statements. the gentleman from Indiana (Mr. BUR- marked by increased dialogue on nuclear non- Mr. BURTON of Indiana. Mr. Chair- TON) does just the opposite. proliferation, a better understanding of India's man, I withdraw my request to with- Who are the people terrorizing that security concerns, and an increase in U.S.- draw the amendment. he speaks of? These people are terror- India trade and investment. India and the The CHAIRMAN. The gentleman izing the peace-loving people of the In- United States worked very closely to repel the withdraws his request. dian state of Jammu Kashmir, Hindus Pakistani regulars and Pakistani-backed terror- The gentleman from New York (Mr. and Muslims alike. They are the vic- ists from the Indian side of the Line of Control. ACKERMAN) has 61⁄2 minutes remaining. tims of terrorism for the last several The momentum gained in U.S.-India rela- Mr. ACKERMAN. Mr. Chairman, I years. It is terror that is unbridled and tions needs to be sustained and strengthened. yield myself such time as I may con- violent, and it is let loose by the A vote for the Burton amendment would send sume. Mujahidin members brought in from the wrong signal to the people of India. (Mr. ACKERMAN asked and was all over the world from overseas and Proponents of the Burton Amendment will given permission to revise and extend aided and given arms by the Paki- make note of reports that India has offered his remarks.) stanis. That is the real cause for Iraq a $25 million line of credit. India has said Mr. ACKERMAN. Mr. Chairman, I human rights abuses in Kashmir. that they will only do this in the context of UN think we are seeing a rather unique oc- Mr. Chairman, the real violators of guidelines on the Iraqi sanctions. That means currence here on the floor today. In- human rights in Kashmir are the nu- they will need unanimous approval by the deed, we usually enjoy doing battle merous terrorist outfits owing alle- Sanctions Committee, which is essentially the with the gentleman from Indiana (Mr. giance for the fundamentalist religious Security Counsel, before they will go forward BURTON). He sometimes is really a lone groups. It is these religious fanatics be- with the loan. The US can stop it and India will warrior on this issue, the over- longing to such groups as the Harkat- abide by the decision of the UN. whelming majority of the House of ul-Mujahideen, recruited, trained and Mr. BURTON of Indiana. Mr. Chair- Representatives voting against his unleashed by Osama bin Laden and his man, I yield myself the balance of my amendment. But, nonetheless, we have terror network, who are fanning the time, and I think I will make just a never come to the point where we have flames of human rights violations in couple of points and then I will with- forced him into a full retreat on the Kashmir. The Indian troops that are draw the amendment, because I have floor of the House, and that is too bad, there are there to maintain the peace been convinced that since 2 years ago because we do appreciate hearing his and stability of their State of Jammu they changed the way the develop- point of view, in the minority though and Kashmir. mental assistance was provided and it might be. The rights that the gentleman from that there has been a misprinting or The gentleman’s amendment is being New York (Mr. BURTON) would seek to miswriting of the amendment, which I withdrawn because it is flawed, as is protect are the rights of Mr. Bin truly regret, but I do not think I will his logic, as are his arguments. The Laden, who has blown up U.S. embas- get unanimous consent to change it, so gentleman’s intent, as it usually is, is sies all over the world. Is that who we I will not even ask. to come to the floor, as he has time are concerned about? I think not. It is Mr. Chairman, the previous speaker and time again, to bash India. And his these terrorist groups and training talked about India’s minister of oil and intent here was to cut aid. And, in- camps that we have to target, not gas, and he said that India was only stead, the flawed amendment would in- Democratic India, as violators of going to allow that loan if the U.N. deed allow an increase in aid to be sent human rights. said that it was all right. The fact of to India. Instead of sending a letter India is a beacon of unity and diver- the matter is India’s minister of oil bomb, had his amendment passed, he sity. It is a multi-ethnic, multi-lin- and gas, and I am quoting him now, ac- would have sent a Valentine’s card. gual, multi-cultural, and multi-reli- knowledged the grant would violate The gentleman’s intent was basically gious civilization with a commendable U.N. sanctions but said his country to hurt the most vulnerable people of record of tolerance. would never allow a friend like Iran to the Indian society. Our assistance pro- This is not the time, as the gen- suffer. So the intent of India was very grams help children and the elderly tleman of Indiana (Mr. BURTON) recog- clear. They were going to violate the and pregnant women. The gentleman nizes, to bring this amendment up. It is H6826 CONGRESSIONAL RECORD — HOUSE August 2, 1999 not the time to bash India and to re- Mr. BURTON of Indiana. Mr. Chair- reducing corruption in the commercial sec- ward Pakistan. It is not time to punish man, let me just close by saying to my tor and worked closely with the Government the victims and to reward the aggres- colleague, the gentleman from New of Colombia to strengthen the commitment of such Government to preserve and advance sors. York (Mr. ACKERMAN), that I am not in Mr. CALLAHAN. Mr. Chairman, how its democratic institutions. full retreat. Withdrawing the amend- (3) The flower industry of Colombia em- much time do I have remaining? ment was because of a technicality, ploys directly and indirectly approximately The CHAIRMAN. The gentleman and I think my good friend knows that. 125,000 people in Colombia. from Alabama (Mr. CALLAHAN) has 41⁄2 And we are good friends. We worked to- (4) The flower industry of Colombia has es- minutes remaining. gether on other issues. tablished numerous social programs for Mr. CALLAHAN. Mr. Chairman, I But the thing that motivates me is workers and their families such as nursing yield myself 21⁄2 minutes. 200,000 Christians that have died over care, day care, subsidized food and nutrition First of all, Mr. Chairman, and to my the past 30, 40, 50 years in Nagaland; programs, subsidized schooling, and most re- colleagues in the House and to those the 250,000 Sikhs that were killed in cently, a program and publication dedicated that might be watching on television, to reducing intra-family violence. Punjab in the last 15 years; the 60,000 (5) This publication is designed to if we were to have a vote on the floor Muslims that were killed in Kashmir in of this House tonight or anytime and strengthen family value and human rights the last 10 years; and the thousands of among the workers of the Colombian flower we would ask the Members of Congress Dalits, who are lower cast people, the sector. as to whether or not they condone blacks, who are mistreated and killed (b) SENSE OF THE CONGRESS.—It is the sense atrocities that are created anyplace in in India. of the Congress that the flower industry of the world by any people, it would be 435 Maybe we are jousting windmills Colombia should be recognized for its con- against. That is not really the question tributions to strengthening United States here. I do not know. But we have got to and Colombian relations by insuring strong here tonight. do what we think is right. I do not question the motives of the and healthy families, domestic stability, and So I would just like to say to my col- promoting good government in the demo- gentleman from Indiana (Mr. BURTON). league, we will be back another time to cratic nation of Colombia. As a matter of fact, I applaud him for fight this battle. And I am sure I will The CHAIRMAN. Pursuant to the bringing this issue to our attention, an have some formidable opponents like issue of great concern to him. But my order of the House of Thursday, July my colleagues over there, but we will observation is India is the largest de- 29, 1999, the gentleman from Florida do the best we can. mocracy in the world, and there are 300 (Mr. HASTINGS) and a Member opposed Just remember what Arnold each will control 5 minutes. million people who live in poverty in Schwartzenegger said, ‘‘I’ll be back.’’ that largest democracy. And 85 percent Mr. CALLAHAN. Mr. Chairman, I re- Mr. Chairman, I ask unanimous con- serve a point of order on the amend- of the monies that we appropriate in sent to withdraw my amendment. this bill goes to private, volunteer or- ment. The CHAIRMAN. Is there objection The CHAIRMAN. Does the gentleman ganizations who spend it on making to the request of the gentleman from from Alabama (Mr. CALLAHAN) also things better for the poverty stricken Indiana? seek to control the time in opposition people of India. Mr. ACKERMAN. Mr. Chairman, re- to the amendment? There are other monies that go to serving the right to object, I just want Mr. CALLAHAN. Yes, Mr. Chairman, India indirectly through this com- to understand that the gentleman from I do. mittee. For example, we fund UNICEF, Indiana (Mr. BURTON), under the unani- The CHAIRMAN. The gentleman and we also fund indirectly the Rotary mous consent request of last Friday I from Florida (Mr. HASTINGS) is recog- International, which is in the process believe, has the right to offer an nized for 5 minutes. today of immunizing every child in amendment, that this being withdrawn Mr. HASTINGS of Florida. Mr. Chair- India so there will not be a polio epi- does not give the gentleman the right man, I yield myself such time as I may demic there and we will help to eradi- to offer a different amendment, and consume. cate it. that that is not his intent. Mr. Chairman, I thank the chairman So I do not question the fact that the Mr. BURTON of Indiana. Mr. Chair- and the ranking member for their pa- gentleman from Indiana (Mr. BURTON) man, that is correct. tience with this amendment. is concerned. I do not question his mo- Mr. ACKERMAN. Mr. Chairman, I I rise today to offer the amendment tives at all. None of us agree with any withdraw my reservation of objection. to the Foreign Operations bill. The atrocities that are committed. The CHAIRMAN. Without objection, amendment is designed to recognize If we look at the situation that the the amendment offered by the gen- members of the Colombian flower in- gentleman from New York (Mr. OWENS) tleman from Indiana (Mr. BURTON) is dustry who have worked diligently to mentioned in Kosovo, the KLA is mur- withdrawn. improve the living standard of all peo- dering people in Kosovo. Yet, within There was no objection. ple in Colombia. the next few months, we are going to AMENDMENT OFFERED BY MR. HASTINGS OF Known by their countrymen as Grow- appropriate some more money for FLORIDA ers of Flowers, these business persons Kosovo for humanitarian efforts. Mr. HASTINGS of Florida. Mr. Chair- have been leaders in Latin American We have already appropriated hun- man, I offer an amendment. private industry in reducing corruption dreds of millions of dollars already, and The CHAIRMAN. The Clerk will des- in the commercial sector, while work- yet we still see the KLA now slaugh- ignate the amendment. ing closely with the Colombian Govern- tering the Serbs as they try to exit The text of the amendment is as fol- ment to bolster and advance its Demo- Kosovo and back into Serbia. lows: cratic initiatives. So it is not an indication of toler- Amendment offered by Mr. HASTINGS of Programs being supported and funded ance. It is not an indication of no con- Florida: by Growers of Flowers include corrup- cern. It is an indication of we are doing Page 116, after line 5, insert the following: tion reduction in the private sector, the right thing, in my opinion, by ap- SENSE OF THE CONGRESS RELATING TO the establishment of nursing care, day- propriating this small amount of COLOMBIAN FLOWER INDUSTRY care, subsidized food, nutrition, and money, of which only probably less SEC. ll. (a) FINDINGS.—The Congress finds educational programs, and a new pro- than $3 million goes to the Government the following: gram to eradicate domestic violence. of India and it is restricted in its use. (1) The flower industry of Colombia has At this time there is scarce good So, in my opinion, we are doing the been recognized on several occasions by the news coming out of Colombia. On this right thing with the money we have Department of State, the Drug Enforcement past weekend, we read and saw further agreed to give to the President in order Agency, and the United States Customs bombings taking place in Colombia. that he can handle the international Service for its substantive part in reducing The work that Growers of Flowers is drug-related and other criminal activities affairs as he sees fit, as the Constitu- while working closely with United States voluntarily doing on the ground is, tion says he will. law enforcement agencies to establish exten- however, a bright little light. Mr. Chairman, I yield the balance of sive anti-smuggling programs. I am offering this amendment this my time to the gentleman from Indi- (2) The flower industry of Colombia has evening to acknowledge the contribu- ana (Mr. BURTON). been a leader as a major private industry in tions of Growers of Flowers, and I hope August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6827 my colleagues will join me in this ef- So, hopefully, we will be able to find We must do all we can to encourage Co- fort. a way to recognize and also recognize lombia to seek alternatives to drug protection. Mr. Chairman, I reserve the balance our own industries here, as well. However, the ATPA has neither effectively re- of my time. Mr. CUNNINGHAM. Mr. Chairman, I rise not duced drug crop production in Colombia, nor Mr. CALLAHAN. Mr. Chairman, con- to oppose the gentleman's amendment, but to has it improved the economic situation of cut tinuing to reserve my point of order on address the concerns many of us have about flower growers in the United States. If we are the amendment, I yield such time as he the impact that the Colombian flower industry going to fight drug production at its source in may consume to the gentleman from is having on American flower growers. I won't Colombia, Members and the American people California (Mr. FARR). disagree with the gentleman that the Colom- should be informed that the Andean Trade Mr. FARR of California. Mr. Chair- bian flower industry has made progress in Co- Preference Act is not up to the task. man, I thank the gentleman for yield- lombia. However, I ask Mr. Speaker, at what Mr. HASTINGS of Florida. Mr. Chair- ing. cost? man, I ask unanimous consent to with- Mr. Chairman, I rise with concern In 1991, Congress enacted the Andean draw the amendment. I thank the over this amendment. The amendment Trade Preference Act (ATPA) which provided chairman and the ranking member for expresses a sense of Congress. Colombia for duty-free treatment, or reduced duties, on their indulgence. is in a very grave situation right now. many products, including fresh-cut flowers, im- The CHAIRMAN. Is there objection Its 40-year-old government guerrilla ported from the four South American Andean to the request of the gentleman from struggle and the latter day antidrug countries of Bolivia, Colombia, Ecuador, and Florida? struggle is critical. Peru. This legislation was proposed to pro- There was no objection. The Colombian flower growers have mote alternatives to coca cultivation and pro- The CHAIRMAN. The amendment of- been one of its most successful enter- duction by offering broader access to U.S. fered by the gentleman from Florida prises in Latin America, but not with- markets for legal products. Unfortunately, the (Mr. HASTINGS) is withdrawn. out help from our country. Our country act has not accomplished these goals. AMENDMENT OFFERED BY MR. TANCREDO allowed Colombian flowers into this Since the enactment of ATPA, it is clear that Mr. TANCREDO. Mr. Chairman, I country duty free. Colombian fresh-cut flowers have been the offer an amendment. There is a downside to the Colombian greatest beneficiaries. In 1992, Colombia ex- The CHAIRMAN. The Clerk will des- success, the injury done to U.S. flower ported $87.7 million worth of fresh-cut flowers ignate the amendment. growers. We might note that since 1992, to the United States. By 1995, Colombian ex- The text of the amendment is as fol- 50 percent of the U.S. carnation pro- ports increased to more than $374.4 million. lows: ducers have left the business, 39 per- This represents a 427-percent increase over Amendment offered by Mr. Tancredo: cent of the mini-carnation producers that 3-year period. Page 116, after line 5, insert the following: have left the business, 54 percent of the How does the growth in Colombian exports SEC. . None of the funds appropriated or U.S. chrysanthemum producers have compare with the domestic-cut flower indus- otherwise made available by this Act may be left the business, and 41 percent of the try? Domestic growers of roses and carnations provided for the United Nations Man and the rose growers have left the business. have been particularly hard hit. In 1996, Co- Biosphere (MAB) Program or the United Na- U.S. flower growers do not get ac- lombia exported approximately 1.7 billion tions World Heritage Fund. knowledged by U.S. Congress. Nor do roses and carnations to the United States. Co- The CHAIRMAN. Pursuant to the they get any Federal help. lombia now controls more than 50 percent of order of the House of Thursday, July Well, I am here to congratulate those the United States market for roses and 80 per- 29, 1999, the gentleman from Colorado businesses in Colombia that are doing cent of the carnation market. Overall, Colom- (Mr. TANCREDO) and a Member opposed well. I think that the flower growers bian flowers account for about 65 percent of each will control 5 minutes. are a good enterprise for Colombia. the United States fresh-cut flower market. Mr. CALLAHAN. Mr. Chairman, I re- Let us not forget or let us not do this Meanwhile, the total number of U.S. fresh- serve a point of order on the amend- praise without remembering that there cut flower growers has plummeted from 932 in ment. is a downside, because all of those Co- 1992 to 706 in 1995, a decline of over 10 per- The CHAIRMAN. The gentleman lombian flowers get into the United cent a year. Specifically, since the passage of from Colorado (Mr. TANCREDO) is recog- States free of duty. the ATPA, more than 52.52 percent of U.S. nized for 5 minutes on his amendment. Mr. CALLAHAN. Mr. Chairman, con- Carnation producers, 39.02 percent of U.S. Mr. TANCREDO. Mr. Chairman, I tinuing to reserve my point of order, I mini carnation producers, 53.95 percent of the yield myself such time as I may con- yield such time as she may consume to U.S. Chrysanthemum producers, 41.62 per- sume. the gentlewoman from California (Ms. cent of the U.S. Pompon Chrysanthemum pro- Mr. Chairman, the amendment I offer PELOSI). ducers, and 41.3 percent of the U.S. rose pro- today cuts nothing from the total ap- Ms. PELOSI. Mr. Chairman, I thank ducers have left the business. This impact on propriations for the Foreign Operations the gentleman for being so generous in the domestic-cut flower industry has been dis- appropriations, but it does prohibit any yielding. proportionately placed upon California, home use of funds for the Man and the Bio- I support both of the gentlemen. I of 58 percent of the United States cut flower sphere Program and the World Herit- think they are both right. I think that growers. age Convention. the Hastings amendment is one that is The ATPA provides the preferential treat- Currently, there are 47 Biosphere Re- an important one, and the recognition ment for Colombian fresh-cut flowers onlyÐ serves and 20 World Heritage Sites in that he seeks to present to the flower not for flowers from the Netherlands, or from the United States that in total make industry of Colombia is important. any other country. This preferential treatment, up a land area the size of my home But our colleague from California however, is not serving its other intended pur- State of Colorado. Creation of these re- (Mr. FARR) is also right. I do not think poses of reducing illegal drug production in serves and sites has significant impact that that recognition does damage to the nation of Colombia. on non-Federal lands outside the des- the flower industry in the U.S.; the free In 1996, an International Trade Commission ignated areas and in several instances market does. But we must be sensitive (ITC) report found that the ``ATPA had little ef- has caused major problems for private to those needs because we have a won- fect on drug crop eradication in the Andean land owners. derful flower industry in our country. region.'' This is a major understatement. in In fact, several States have passed But that does not negate the facts that fact, since ATPA's enactment illegal drug crop resolutions opposing U.S. Biosphere the gentleman from Florida (Mr. cultivation has increased in Colombia. The Programs. HASTINGS) presents. I thank him for his number of hectares devoted to coca cultivation Over the past several years in both leadership on this, especially at this in Colombia increased from 37,500 in 1991 to the United States and Australia, the sensitive time in Colombia’s future. more than 50,000 in 1995. The ITC report also weight levied by World Heritage Sites My colleague, the gentleman from found that ``[the] ATPA had a small and indi- has been brought to bear by private California (Mr. FARR), has been a rect effect on crop substitution during 1995.'' citizens carrying out the course of champion on that score. He has been a Thus, we have not achieved the intended goal their industry. friend of Colombia and is sensitive to of reducing drug crop cultivation by providing In Yellowstone National Park, the the concerns that are there, too. market access for alternative crops. environmental impact statement for H6828 CONGRESSIONAL RECORD — HOUSE August 2, 1999 the New World Mine was not even fin- istration under which countries volun- Everglades, as we did with Grand Can- ished when the World Heritage Com- tarily identify culturally and environ- yon, as we did with Yellowstone. That mittee voted to place Yellowstone on mentally significant areas within their is the purpose of this program. The the ‘‘In Danger’’ list for World Heritage own borders and promise to continue to international scientific study is there Sites. protect them. so scientists in one country can help b 2145 The program is totally voluntary. other scientists learn about the kind of The land must be protected in order to protections, about the kinds of pro- Likewise, the Jabiluka Mine in be nominated. It is not protected after grams that work to protect these envi- Kakido National Forest in Australia it is nominated. The only power that ronmental assets. came up against a similar threat by the World Heritage Committee has is if Mr. Chairman, I rise in strong, strong the World Heritage Committee, but the country who nominated the site opposition to this amendment. this time the verdict was much more goes back on its promise to protect This amendment is a late-night, backdoor agreeable. What is ironic is that the de- that area, the committee can drop the attempt to kill two programs that critics of cision was handed down in Paris. site from the list. those programs have been unable to kill in the Mr. CALLAHAN. Mr. Chairman, if The Man and the Biosphere program light of day. Legislation to abolish the Man and the gentleman will yield, I withdraw identifies protected areas where sci- the Biosphere and World Heritage Programs my point of order. entists can study entire ecosystems failed in 1996 and 1997 and looks like it may The CHAIRMAN. The gentleman and then sets up a framework where fail again this year. So we are here tonight to from Alabama withdraws the point of those scientists can share their infor- short circuit the process with a little amend- order. mation internationally. ment buried in a huge appropriations bill. Mr. TANCREDO. A decision affecting The framework documents which The World Heritage Convention is an inter- the land of private citizens in Australia control the Man and the Biosphere pro- national treaty, conceived and spearheaded by was decided by bureaucrats in a coun- gram and the World Heritage Conven- the United States during the Nixon administra- try halfway around the world. These tion both contain language making tion, under which countries voluntarily identify are decisions which should be handled clear that they in no way alter the culturally and environmentally significant areas by the government of the country in ownership or control of these lands. within their own borders and promise to con- which the action in question takes Since we were the first signatory of tinue protecting them. place. It should in no way be given over the World Heritage Convention in 1973, 1. The program is totally voluntary. to an international organization with 152 other nations have followed suit. 2. The land must already be protected in foreign influence. This convention was not only a prom- order to be nominated, it is not protected after Similar amendments to the one I ise to live up to our own standards for its nominated. 3. The only power the World Heritage Com- have proposed have been passed in pre- protecting these sites, it was an invita- mittee has is, if the country who nominated vious appropriations bills because tion to other countries around the the site goes back on its promise to protect these programs draw from funds of over world to follow suit. 10 governmental agencies. This House These two programs have established that area, the Committee can drop the site has gone on record before to deny fund- the United States as a world leader in from the list. The Man and the Biosphere program identi- ing to these two particular organiza- environmental protection and sci- fies protected areas where scientists can tions, and I believe that we must come entific study and the sharing of that study entire ecosystems and then set up a together again to make sure more information. Killing these programs framework where those scientists can share American taxpayer money is not used will not hurt these sites in the U.S. their information internationally. for programs which do not serve the They are already protected and will re- The framework documents which control the American people justly. main so. Yellowstone and Glacier Na- Man and the Biosphere program and the I believe that there are certainly bet- tional Parks will still be national World Heritage Convention both contain lan- ter places for this funding to be spent parks if we withdraw from the World guage making clear that they in no way alter than in UNESCO, an organization from Heritage Convention. The Everglades the ownership or control of these lands. which the United States withdrew over will still be protected if we stop our So if these programs are so innocuous, a decade and a half ago. scientific study under the Man and the what's the big deal if we abandon them? Mr. Chairman, I reserve the balance Biosphere program. Well, since the United States was the first of my time. But this action will send a signal signatory of the World Heritage Convention in The CHAIRMAN. Does the gentleman around the world that we no longer 1973, 152 other nations have followed suit. from Alabama (Mr. CALLAHAN) seek to value the kind of environmental pro- This convention was not only a promise to live control the time in opposition? tection and scientific study that we as up to our own standards for protecting these Mr. CALLAHAN. I do seek to control a Nation pioneered and asked the world sites, it was an invitation to other countries the time, Mr. Chairman, but I also ask community to join. around the world to follow suit. unanimous consent to give the time to We have seen this amendment a num- These two programs have established the the gentlewoman from California (Ms. ber of times in the last several years United States as a world leader in environ- PELOSI) and give her the authority to and the House has rejected this amend- mental protection and scientific study. Killing yield as she so deems necessary. ment each and every time because in these programs won't hurt these sites in the The CHAIRMAN. Without objection, fact a majority of the House under- United States. They are already protected and the gentlewoman from California (Ms. stands the nature of the scientific will remain so. Yellowstone and Glacier Na- PELOSI) will control 5 minutes. study, the importance of designating tional Park will still be national parks if we There was no objection. these sites as World Heritage areas, withdraw from the World Heritage Convention Ms. PELOSI. I thank the distin- and they also understand that this is a and the Everglades will still protected if we guished chairman for his generosity in voluntary program. The fact that the stop our scientific study of that area under the yielding all the time to me. process takes place in Belgium or in MAB program. Mr. Chairman, I yield such time as he Paris or somewhere else, this is an But, this action will send a signal around the may consume to the very distinguished international body. This is an inter- world that we no longer value the kind of envi- gentleman from California (Mr. national body. So that should not be ronmental protection and scientific study that GEORGE MILLER), the ranking member foreign to the Members of Congress and we pioneered. We would be relinquishing our on the authorizing committee. that is one of the reasons why it is in role as a world leader in the protection and Mr. GEORGE MILLER of California. this legislation. This is an inter- preservation of culturally and environmentally I thank the gentlewoman for yielding national organization to foster the pro- important areas. me this time in opposition to this tection of these huge, huge world class Why at a time when the Nation is justifiably amendment. environmental assets. The size of these proud of its role as a world leader in so many Mr. Chairman, the World Heritage assets is immaterial. Some of them are areas, would we want to abdicate our role as Convention is an international treaty there because nations decided that a world leader in perhaps the most important conceived and spearheaded by the these landscapes, these huge areas fight of all, the fight to protect and preserve United States during the Nixon admin- should be protected as we did with the this planet for generations to come? August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6829 This amendment is an attempt to short cir- Biosphere program. Everything else is 29, 1999, the gentleman from Ohio (Mr. cuit the will of the Congress and it would send fully funded. KUCINICH) and a Member opposed each a terrible signal to the rest of the world. Op- Mr. Chairman, I urge my colleagues will control 5 minutes. pose the Tancredo amendment. to vote ‘‘no’’ on the amendment. I com- The Chair recognizes the gentleman Mr. TANCREDO. Mr. Chairman, I mend the distinguished gentleman from Ohio (Mr. KUCINICH). yield myself such time as I may con- from California (Mr. GEORGE MILLER) Mr. CALLAHAN. Mr. Chairman, I re- sume. The opponents of the amend- for his leadership on this issue. serve a point of order. ment have suggested that in fact we Mr. TANCREDO. Mr. Chairman, I The CHAIRMAN. The gentleman have seen this many times before and yield myself such time as I may con- from Alabama reserves a point of it has been turned down by the House. sume. order. In fact, the House has passed and the There have been a number of com- Mr. KUCINICH. Mr. Chairman, I yield Congress has passed this amendment ments made with regard to the original myself such time as I may consume. Mr. Chairman, my amendment cuts more than once on other programs, on treaty obligations of the United States, funding to environmentally sensitive other appropriations. I refer specifi- but concerning the Man and the Bio- Overseas Private Investment Corpora- cally to the State Department author- sphere program, Congress has never tion fund projects, such as oil refin- izations for fiscal year 1998 and 1999, gone on record either authorizing or eries, chemical plants, oil and gas pipe- agreed to by recorded vote of 222–202. supporting such a program to be car- lines, large scale logging projects, and The Interior appropriations bill, fiscal ried out. Furthermore, many people projects near wetlands or other pro- have raised the issue as to the treaty year 1998, agreed to 222–203. The De- tected areas. Current OPIC investment obligation for the World Heritage partment of Defense Appropriations funds are not subject to any trans- Fund. This, however, is not true. Act, 1998, all of these. parency requirements. Furthermore, For one thing Mr. Chairman, these In article 16, paragraph 2 of the con- no specific information on these vention concerning the protection of two programs actually receive funding projects is contained in OPIC’s annual world cultural and natural heritage, it from a variety of different organiza- reports. tions and a variety of different depart- states that each state may declare at As a consequence, Congress, the pub- ments, and so you have to go after the time of ratification that it shall lic and the residents living near OPIC them as you see them arise. That is not be bound by the provisions of para- projects have no knowledge of the po- why we have had to do this before. But graph 1 which deals with the payment tential environmental and related fi- each time, at least in the situations of regular contributions to the World nancial and political risks. What is the that I have identified, they have been Heritage Fund. Likewise on October 26, taxpayer’s interest in these projects? passed by this House. 1973, the Senate consented to the ratifi- Taxpayers are liable for OPIC invest- Mr. Chairman, I reserve the balance cation of the convention subject to the ments overseas if they fail. I want to of my time. declaration that the United States is repeat that. Taxpayers are liable for Ms. PELOSI. Mr. Chairman, I yield not bound by provisions dealing with OPIC investments overseas if they fail. myself such time as I may consume. regular contributions to the World Her- Private corporations and investors Mr. Chairman, I will defend the com- itage Fund. The Senate has the power make investments in OPIC investment mittee position in opposing reluctantly to ratify, but this House has the re- funds. OPIC-supported funds, in turn, the distinguished gentleman from sponsibility of the public purse. We are make direct equity and equity-related Colorado’s amendment to our bill. not bound to contribute to the program investments in new, expanding and Mr. Chairman, I think it is important with the hard-earned money of the privatizing companies in ‘‘emerging to note that the House Committee on American people. market’’ economies. While taxpayer Appropriations mark for the IO&P ac- I strongly urge support of this money is not actually invested in these count is $167 million, which is $25 mil- amendment. funds, taxpayers are liable for the in- lion below the administration’s re- The CHAIRMAN. The question is on vestments should they fail. These funds quest. An additional reduction of $2 the amendment offered by the gen- have invested in more than 240 business million to this account would further tleman from Colorado (Mr. TANCREDO). projects in over 40 countries. Recent erode our ability to gain international The question was taken; and the estimates show that the total amount cooperation in protecting the environ- Chairman announced that the ayes ap- in Investment Fund programs will soon ment and natural resources. peared to have it. reach $4 billion. A $2 million reduction to the IO&P Mr. GEORGE MILLER of California. Since taxpayers are exposed to mil- account exceeds our voluntary con- Mr. Chairman, I demand a recorded lions of dollars of potential liabilities, tribution to the Man and the Biosphere vote. I believe OPIC has a responsibility to program, $355,000, and the World Herit- The CHAIRMAN. Pursuant to House Congress and to the public to operate age Fund, $450,000. As a result, this Resolution 263, further proceedings on in an open and transparent manner. amendment would force reductions in the amendment offered by the gen- The lack of environmental trans- other worthwhile scientific and edu- tleman from Colorado (Mr. TANCREDO) parency conceals environmentally de- cational activities, such as the Inter- will be postponed. structive investment of these funds not governmental Oceanographic Commis- AMENDMENT OFFERED BY MR. KUCINICH only from Congress and the American sion and the International Council of Mr. KUCINICH. Mr. Chairman, I offer public but also to locally affected peo- Scientific Unions at a time when we an amendment. ple in the countries where OPIC look toward science to increase our un- The CHAIRMAN. The Clerk will des- projects are run. derstanding of global environmental ignate the amendment. For example, a 1996 Freedom of Infor- problems. The text of the amendment is as fol- mation lawsuit focusing on OPIC activ- Mr. TANCREDO. Mr. Chairman, will lows: ity in Russia revealed that an invest- the gentlewoman yield? Amendment offered by Mr. Kucinich: ment fund project was involved in a Ms. PELOSI. I yield to the gentleman At the end of the bill, insert after the last clear cutting of primary ancient for- from Colorado. section (preceding the short title) the fol- ests in northwest Russia. Russian citi- Mr. TANCREDO. I thank the gentle- lowing new section: zens, expecting democracy building as- woman for letting me interject here. SEC. . None of the funds made available in sistance from the U.S. Government, The fact is that we have amended our this Act may be used by the Overseas Pri- vate Investment Corporation for any cat- had not been provided with any envi- own amendment. We do not strike any egory A Investment Fund project, as listed ronmental documentation. In fact, ac- particular dollar amount, we just pre- in Appendix E, Category A Projects, of the cording to documents obtained in a vent funds from going for these two Corporation’s Environmental Handbook of lawsuit, an OPIC consultant had false- programs. It actually would go other April 1999, as required pursuant to Executive ly documented the Russian citizens’ places in the bill. Order 12114 and section 239(g) of the Foreign support for the harmful, irreversible Ms. PELOSI. Reclaiming my time, I Assistance Act of 1961 (22 U.S.C. 2199(g)). logging of pristine forests. thank the gentleman. We need to make The CHAIRMAN. Pursuant to the OPIC investment funds have also those contributions to the Man and the order of the House of Thursday, July been involved in a gold mine in the H6830 CONGRESSIONAL RECORD — HOUSE August 2, 1999 Cote d’Ivoire in the area of a primary those living in the affected area of the monitoring over the life of the project. This in- tropical forest which is opposed by project, could voice their opinions of cludes the Russian forest project which has local citizens. Reports of other trou- the project. In the case of projects al- been cited and about which this Member has bling projects are also being circulated. ready under way, a renegotiation of been informed did meet applicable World Conservation groups have filed Free- contracts to allow for public disclosure Bank Environmental Standards. dom of Information requests to obtain would be required to avoid breach of Moreover, by imposing new, additional the names, nature, location and envi- contract concerns. In the absence of standards by Congressional fiat and well be- ronmental impact assessments for all legislation like this and because of the yond those established at the time the fund OPIC investment fund projects. OPIC, limitations of appropriations bills, my was established, this amendment could poten- however, continues to conceal the envi- amendment simply cuts funding for en- tially expose the U.S. taxpayer to lawsuits for ronmental consequences of these ques- vironmentally sensitive investment breach of contract. tionable investments from the public. fund projects. If we cannot have full The Kucinich amendment as written would What little information has been un- transparency in all investment fund directly undercut U.S. assistance programs to covered about these funds reveals a projects, then OPIC should not be in- the neediest of developing countries and leave checkered environmental record. With volved in projects that are environ- the environments of these countries open to environmentally and socially sensitive mentally sensitive. unregulated exploitation. For example, the projects being a main focus of the While projects like oil refineries, gas and oil new $350 million Africa Infrastructure Fund funds, public disclosure of environ- pipelines, chemical plants that produce haz- would not be able to make the most of its po- mental impact assessments is even ardous or toxic materials, and large-scale log- tential investment because infrastructure, by more crucial. ging projects may be necessary for the indus- definition, tends to involve environmentally Organizations such as the National trial development of developing countries, sensitive programs. These investments, under Wildlife Federation, Friends of the holding the U.S. taxpayers liable for invest- current laws and regulations, must follow Earth, Institute for Policy Studies, En- ments in projects that could pose serious envi- sound environmental standards. This initial vironmental Defense Fund, Sierra ronmental or health risks to local populations $350 million investment is expected to lever- Club, Center for International Environ- with no public oversight or disclosure is unac- age another $2 billion in investment in Sub- mental Law and Pacific Environment ceptable. Saharan Africa. It is unlikely that the Africa In- and Resources Center have long advo- It is OPIC's policy, as outlined in the Envi- frastructure Fund could even raise private sec- cated increased transparency in OPIC ronmental Handbook to conduct rigorous inter- tor money under the conditions required by investment fund projects. nal Environmental Impact Assessments on all the pending Amendment. As a result, the ben- Representatives of these organiza- environmentally sensitive projects. Environ- efits that Africa so desperately needs will be tions met with the new OPIC President mental impact assessments are also required lost. This includes environmental improvement in February, where he agreed with by law as found in Executive Order 12114 and projects in the areas of clean water, forest their assertion that these funds should Public Law 99±204. However, while the as- protection and conservation of natural re- be transparent when it comes to the sessments for insurance and finance projects sources. Indeed, if unable to access resources environment. OPIC recently launched a are publicly disclosed, assessments on Invest- from the Africa Infrastructure Fund, African na- $350 million equity fund for investment ment Fund projects are not. Accountable gov- tions will be forced to run to other sources of in sub-Saharan Africa which will in- ernment demands that these assessments be investment including those that may not re- clude transparency and public disclo- disclosed. quire the same standards of environmental re- sure provisions. But, Mr. Chairman, Mr. Chairman, my amendment is endorsed sponsibility as we do thereby resulting in fur- there are still 26 other funds which re- by Friends of the Earth, Environmental De- ther exploitation of and damage to Africa's main shrouded in secrecy. With almost fense Fund, U.S. Public Interest Research fragile environment. $4 billion invested in these programs Group, Sierra Club, Defenders of Wildlife, This Member would refer his colleagues and OPIC’s sketchy environmental Center for International Environmental Law, back to all of the sound reasons detailed dur- record, it is ever more important that Pacific Environment and Resources Center, ing the debate we just had on the Andrews OPIC be held accountable to the public Rainforest Action Network, Institute for Policy amendment about why OPIC is an important regarding its investment in environ- Studies and Amazon Watch. and successful component of American for- mentally sensitive projects. I urge my colleagues to support my amend- eign policy and trade promotion. While the ap- ment and shed some light on OPIC's environ- b 2200 proach of the Kucinich amendment may be mentally sensitive Investment Fund projects. somewhat different, the cost of it equals that Mr. CALLAHAN. Mr. Chairman, it is Mr. BEREUTER. Mr. Chairman, as vice of the Andrews amendment. Mr. Chairman, my understanding that it is the intent chairman of the International Relations Com- this Member urges his colleagues to strongly of the gentleman to withdraw his mittee, this Member rises in strong opposition oppose this amendment. amendment. to the Kucinich amendment which would cut Any projects supported by OPIC in what is That being the case, I will withdraw the funding of the Overseas Private Invest- called Category A that subsequently change in my reservation of objection and claim ment Corporation's (OPIC) Investment Fund nature from the description provided in appli- the opposition time. program. While this Member shares the distin- cation materials, and will thereby cause mate- The CHAIRMAN. The gentleman guished gentleman's concern about funding rial impacts to the environment, shall be re- from Alabama is recognized for 5 min- only environmentally responsible projects, quired to submit additional EA documents to utes. given that OPIC already has an effective envi- OPIC that must be acceptable to OPIC in its Mr. CALLAHAN. Mr. Chairman, I ronmental review program, it appears that the sole discretion. yield 1 minute to the gentleman from underlying purpose of this amendment is to Industrial categories: Ohio (Mr. KUCINICH). drastically cut and restrict OPIC under the A. Large-scale industrial plants. Mr. KUCINICH. Mr. Chairman, I guise of environmental protection. Mr. Chair- B. Industrial estates. thank the gentleman for yielding this man, we have already had this debate on the C. Crude oil refineries. time to me. So with almost $4 billion Andrews amendment. D. Large thermal power projects (200 invested in these programs and OPIC’s Contrary to the claims of some OPIC oppo- megawatts or more). sketchy environmental record, it is nents, all of OPIC's fund investments must E. Major installations for initial smelting of ever more important that OPIC be held meet stringent world class environmental cast iron and steel and production of non fer- accountable to the public regarding its standards. These standards are higher than rous metals. investment in environmentally sen- any other bilateral export credit, investment or F. Chemicals: sitive projects. The ideal legislation to insurance agency in the world. In fact, no 1. Manufacture and transportation of pes- correct the lack of transparency in in- other investment funds program has higher ticides; vestment fund projects would require standards. OPIC requires that each environ- 2. Manufacture and transportation of haz- the public disclosure of environmental mentally sensitive fund investment must un- ardous or toxic chemicals or other materials. impact assessments conducted on all dergo a complete environmental impact as- G. All projects which pose potential serious new investment projects. sessment and must meet OPIC obligations to occupational or health risks. It would also allow for public com- mitigate potential environmental harm. Each H. Transportation infrastructure: mentary where citizens, especially funds project is subject to OPIC environmental 1. Roadways; August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6831 2. Railroads; $350 million in exports from the United province of the Federal Republic of Yugo- 3. Airports (runway length of 2,100 meters States. slavia (Serbia and Montenegro) until the or more); II. This amendment undercuts the environ- Secretary of State prepares and submits to 4. Large port and harbor developments; mental protections and new transparency built the Congress a report containing a detailed description of the atrocities that have been 5. Inland waterways and ports that permit into the New Africa Infrastructure Fund committed against ethnic Serbians in passage of vessels of over 1,350 tons. OPIC has world-class environmental stand- Kosovo, including a description of the inci- I. Major oil and gas developments. ards that apply to all OPIC programs and dent in which 14 Serbian farmers were killed J. Oil and gas pipelines. funds: on or about July 25, 1999, and a description of K. Disposal of toxic or dangerous wastes: All environmentally sensitive projects must actions taken by North Atlantic Treaty Or- 1. Incineration; undergo a complete environmental impact as- ganization (NATO) forces in Kosovo to pre- 2. Chemical treatment. sessment. vent further atrocities. L. Landfill. The New Africa Infrastructure Fund projects The CHAIRMAN. Pursuant to the M. Construction or significant expansion of will provide for public notice and public com- order of the House of Thursday, July dams and reservoirs not otherwise prohibited. ment period in the host country. 29, 1999, the gentleman from Florida N. Pulp and paper manufacturing. All environmentally sensitive projects must (Mr. STEARNS) and a Member opposed O. Mining. meet OPIC requirements to mitigate potential each will control 5 minutes. P. Offshore hydrocarbon production. environmental harm. Mr. CALLAHAN. Mr. Chairman, I re- Q. Major storage of petroleum, petro- All environmentally sensitive projects are serve a point of order. chemical and chemical products. subject to OPIC environmental monitoring over The CHAIRMAN. A point of order is R. Forestry/large scale logging. the life of a project. reserved. S. Large scale wastewater treatment. The New Africa Infrastructure Fund must Mr. OLVER. Mr. Chairman, I also re- T. Domestic solid waste processing facili- have at all times an environmental manage- serve a point of order. ties. ment system and a full-time qualified environ- The CHAIRMAN. The gentleman U. Large-scale tourism development. mental expert supervising the implementation from Massachusetts also reserves a V. Large-scale power transmission. point of order. W. Large-scale reclamation. of OPIC requirements. III. The amendment would jeopardize invest- The Chair recognizes the gentleman X. Large-scale agriculture involving the in- from Florida (Mr. STEARNS). tensification or development of previously un- ments by two other OPIC-supported Africa funds totaling $270 million. Mr. STEARNS. Mr. Chairman, I yield disturbed land. myself such time as I may consume. Y. All projects with potentially major impacts These funds: Would be prohibited from investments in I come here tonight, Mr. Chairman, on people or serious socioeconomic concerns. just to request a simple study. None of Z. Projects, not categorically prohibited, but many manufacturing, agricultural, and proc- essing projects as well as many basic services the funds that are appropriated under located in or sufficiently near sensitive loca- this act, under the title ‘‘peacekeeping tions of national or regional importance to in sub-Saharan Africa. Will generate more than $300 million in US operations,’’ they should not be obli- have perceptible environmental impacts on: gated or expended for peacekeeping op- 1. Wetlands; exports (estimated). Will create an estimated 5000 African jobs. erations in Kosovo, province of the 2. Areas of archaeological significance; Federal Republic of Yugoslavia, until 3. Areas prone to erosion and/or IV. The amendment would harm, rather than the Secretary of State prepares and desertification; help, the environment in Africa. submits to this Congress a report con- 4. Areas of importance to ethnic groups/in- Because OPIC funds would be prohibited taining a detailed description of the digenous peoples; from any environmentally sensitive investment: atrocities that have been committed in 5. Primary temperate/boreal forests. Some infrastructure projects will go forward this case against the Serbians in 6. Coral reefs; with no obligation or requirement to meet 7. Mangrove swamps; OPIC's world-class environmental standards. Kosovo. 8. Nationally-designated seashore areas; Africa will lose the benefit of OPIC's world- Thirty-four churches, Mr. Chairman, 9. Managed resource protected areas, pro- class standards being applied to a broad have been bombed since the Air Force, tected landscape/seascape (IUCN categories range of infrastructure, manufacturing and nat- since NATO has stopped their bombing V and VI) as defined by IUCN's Guidelines for ural resource projects. exercise and we declared that we won Protected Area Management Categories; addi- V. This amendment will undermine OPIC's the war, and of course recently 14 Ser- tionally, these projects must meet IUCN's ability to fulfill its commitment to create an- bian farmers were massacred on or management objectives and follow the spirit of other $150 million fund for Africa as called for about July 25, 1999; and my point this IUCN definitions. in the House-passed Africa Growth and Op- evening is that we are going to appro- Mr. Chairman, this member will finally in- portunity Act. priate more money for peacekeeping clude with information as to why the Kucinich Mr. KUCINICH. Mr. Chairman, I ask operations, and I really think it is ap- amendment on OPIC supports investment unanimous consent to withdraw my propriate that we get the State Depart- funds will kill the new Africa Infrastructure amendment. ment under NATO, State Department Fund. The CHAIRMAN. Is there objection working with NATO, to start to tell us I. The Kucinich amendment is a bullet to the to the request of the gentleman from what actually occurred. Are Serbians heart of OPIC's $350-million New Africa Infra- Ohio? now seeing reverse cleansing at the ex- structure Fund. There was no objection. pense of the Albanians? This amendment would: The CHAIRMAN. The amendment of Now there was a recent U.S. Today Stop the fund from investing in a majority of the gentleman from Ohio (Mr. article that raised so many questions infrastructure projects (since many infrastruc- KUCINICH) is withdrawn. about the Clinton administration talk- ture projects are environmentally sensitive). AMENDMENT OFFERED BY MR. STEARNS ing about their numbers, and they said, Prohibit most investments in clean water, Mr. STEARNS. Mr. Chairman, I offer quote, ‘‘many of the figures used by the sewage treatment, transportation, electric an amendment. administration and NATO to describe power and other projects that improve the The CHAIRMAN. The Clerk will des- the war-time plight of the Albanians in lives of African people. ignate the amendment. Kosovo now appear greatly exaggerated Undercut the fund's ability to raise the pri- The text of the amendment is as fol- as allied forces took control of the vate sector matching funds. lows: providence. Instead of 100,000 ethnic Al- banian men feared murdered by the Make the fund uneconomical and less able Amendment offered by Mr. STEARNS: to invest in women and microenterprises. Page 116, after line 5, insert the following: rampaging Serbs the estimate now is only 10,000.’’ It would deny the benefits of the fund, in- REPORT ON ATROCITIES AGAINST ETHNIC cluding: SERBIANS IN KOSOVO So I am hoping to bring to light through the study that I have in my 6,800 new jobs for Africans. SEC. ll. None of the funds appropriated Almost $50 million in annual revenues for or otherwise made available by this Act in amendment that before we go any fur- the countries of sub-Saharan Africa. title III under the heading ‘‘PEACEKEEPING ther let us find out what has happened $2.5 billion in additional financing capital to OPERATIONS’’ may be obligated or expended in Kosovo and about these 34 churches Africa. for peacekeeping operations in the Kosovo that have been bombed and the number H6832 CONGRESSIONAL RECORD — HOUSE August 2, 1999 of people that have been killed and bian citizens who are trying to do the by Serb forces, and because there are now no talking about these 14 Serbian farmers same thing that the Kosovars were border controls, many gangs are moving in who are massacred. Why not? Let us doing when they actually did Kosovar unhampered by the 37,000 K-For soldiers. hear the straight scoop now that we into Albania. We are not going to tol- While the U.N. plans to deploy 3,125 inter- national police, only 400 have arrived. The are in control of Kosovo and find out erate that. police commander has decided not to put the real story. With respect to the gentleman’s con- troops into active service until he has Mr. Chairman, I yield 2 minutes to cern about reconstruction in Kosovo, enough to patrol entire areas. Currently, the the gentleman from Ohio (Mr. as subcommittee chairman, along with commander says, his most urgent need is for KUCINICH). the full committee chairman, we have border police to keep out more gangs and (Mr. KUCINICH asked and was given a full hold on all money going to smugglers. permission to revise and extend his re- Kosovo until such time as the adminis- The German K-For commander, General marks.) tration proves to us that the money is Fritz von Koriff, said his soldier stop cars to Mr. KUCINICH. Mr. Chairman, I rise going to be spent for the intended pur- search for weapons and frequently come in support of the Stearns amendment across smuggled items, such as massive pose of refugee assistance. amounts of cigarettes, particularly at the that would call for a report on atroc- The United States cannot tolerate Morina-Kukes border crossing. But Nato’s ities against Serbs. A report by the the slaughter of Serbs. They are faced mandate does not permit his soldiers to con- Secretary of State on the atrocities with the same problem, the same philo- fiscate any item except weapons, and the against Serbs in Kosovo and the July 25 sophical differences, but in the reverse smugglers are permitted into Kosovo with massacre is necessary because there of the Kosovars; and we cannot tol- their loot if it is believed they are from the must be ongoing accountability for the erate that, and we must insist with the province. ongoing atrocities against Kosovar administration at some point, which I One of the biggest problems involves gangs Serbs and Albanians in Kosovo. think I can do that as chairman of this showing up at homes to claim ownership and Security must be our top priority in threatening to beat those who refuse to subcommittee, of accountability. move out. the Balkans. Peacekeeping operations Give us the accountability of what is No statistics are available on the number are supposed to keep the peace. But taking place there. How can we con- of property seizures, but anecdotal evidence there was no peace when 14 Serbian tinue to tolerate this? Or how can we suggests a growing problem. And, while ini- farmers were killed on July 25, 1999, in continue not to speak out so openly tially it seemed that seizures were ethnically one of the worst massacres since the against the same atrocities that led motivated, and targeted at Kosovo Serbs in end of the war. Who is accountable for this Congress to appropriate the mil- the capital Pristina, increasingly Kosovo Al- this? Who did this? How did this atroc- lions of dollars that we sent to Kosovo banians are victims as well. ity happen amidst peacekeeping and the front-line states. Kosovo’s provisional prime minister, KLA troops? How can we prevent this from So I share my colleagues’ concerns, leader Hashim Thaci, 31, denied his organiza- tion was behind seizures of Kosovo Serb ever happening again? We need an- but I still reserve my point of order. apartments. ‘‘We have no such information. swers. Mr. KUCINICH. Mr. Chairman, will We know there are those who have left A report describing these atrocities the gentleman yield? Kosovo, but we have not forced anybody to will provide answers. More than 146 Mr. CALLAHAN. I yield to the gen- leave, or put pressure on them to leave. That Kosovar Serbs and Albanians have been tleman from Ohio. is propaganda. Any one who has not com- killed since the end of the bombing Mr. KUCINICH. Mr. Chairman, the mitted crimes is free to live in Kosovo.’’ campaign on June 10. More than 150,000 gentleman is absolutely correct. And I According to a U.N. police commander, Serbs have fled Kosovo since NATO ar- am sure the gentleman is likewise who asked not to be identified, intelligence suggests there are three main types of orga- rived on June 10. More than 20 Serbian aware of the fact that another, that other action has granted $20 million for nized criminal gangs in Kosovo: Russian, Al- Orthodox churches have been damaged banian, and those linked to the KLA. Some or destroyed since June 10. Only yes- security for Kosovo, and with the KLA analysts suggest that the seized apartments terday a Serb Orthodox cathedral in being in charge of the province, it and other looted goods are the KLA’s way of the province’s capital, Pristina, was raises questions as to whether or not paying debts to arms procurers, funders and bombed. that money would actually be for the important soldiers and there relatives. These are not signs of peace. For true security of the people there or would be U.N. officials deny the organization’s slow- peace to prevail, there must be ac- to advance the interests of the KLA. ness is responsible for Kosovo’s growing countability of these actions. Peace- So I thank the gentleman for ex- crime problem. One senior U.N. commander said, unlike K-For, which has been preparing keeping operations will amount to pressing his concern that was raised by the gentleman from Florida (Mr. for a Kosovo mission since February, the nothing if they cannot prevent contin- U.N. wasn’t told it was to take over civilian ued ethnic cleansing. Peacekeeping op- STEARNS), and I appreciate the gentle- operations in Kosovo until June. erations will amount to nothing if the man’s sentiments. An American involved in the international perpetrators of these and other crimes ORGANIZED CRIME GANGS RULE KOSOVO police force warned that by the time the are not brought to justice. This report (By Laura Rozen) U.N. police are deployed, criminal gangs will on atrocities committed against the Around 30 people a week are being killed in already have their networks set up, and will Serbs including the July 25 massacre is Kosovo as organized gangs take advantage of be as much a menace for Kosovo’s Albanian population as they are for the Serbs. necessary if the NATO-led peace- the U.N.’s failure to police the province. keeping force intends to prevent any Nato spokesman Jamie Shea admitted yes- Ms. PELOSI. Mr. Chairman, will the terday a ‘‘law and order vacuum’’ has been gentleman yield? further atrocities from happening in created by a long delay in deploying U.N. Kosovo. civil administrators and an expected 3,000- Mr. CALLAHAN. I yield to the gen- Again, I support this important strong police force. But he insisted the war- tlewoman from California. amendment, and I ask my colleagues to torn province was not yet out of control. Ms. PELOSI. Mr. Chairman, I wish to join me in voting for the Stearns Western diplomats in Pristina say gangs, associate myself with my colleagues’ amendment; and again I think we are some of which are suspected of having links remarks, and I look forward to working all concerned about events in Kosovo. to the Kosovo Liberation Army, are taking with them to press upon the adminis- We are all concerned about what hap- apartments, real estate, businesses, fuel sup- tration the concerns that were ex- plies and cars from Kosovo Albanians and pressed here by the gentleman from pened to the Kosovar Albanians. Let Serbs, who have little recourse to justice. justice be consistent, and let us also be A British K-For official in Pristina said: Florida (Mr. STEARNS) and the gen- concerned about what is happening to ‘‘UNMIK (the U.N. interim administration) tleman from Ohio (Mr. KUCINICH), and I the Serbians. is unprepared to take over law and order. In commend them for their leadership on Mr. CALLAHAN. Mr. Chairman, still the absence of police and legitimate rules, a this issue. reserving my point of order, I yield my- vacuum has occurred. Mr. CALLAHAN. Mr. Chairman, to self such time as I may consume. ‘‘That vacuum is being filled by organized further comment, too, on my com- crime. Albanian gangs are inviting Kosovo I would like to enter into a colloquy Serbs to leave their apartments. Now Kosovo ments, as my colleagues know, I have a with the gentleman from Florida (Mr. Albanians are being invited to leave.’’ friend who is from greater Serbia. He STEARNS) about his concerns in Kosovo Because so many Kosovo Albanians had now lives in French Guyana. His name and mindless killing of innocent Ser- identity documents and license plates seized is Mr. Nalvik, and Mr. Nalvik has kept August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6833 me posted throughout this entire en- the atrocities; and I could go into a list India. Part of my reasoning for such counter on the feelings of a lot of Ser- of them, one after another, the atroc- strong opposition was to encourage op- bian people which are diametrically op- ities of 30 and 40 and 50 people who had portunities for peace and the resolu- posed to Mr. Milosevic. So we do have been killed and burned, hacked apart tion of the conflict and to encourage some people in Serbia who deserve by machete attack, small children, India to engage in efforts to resolve the some attention, some respect because children as young as 2 years shot in the tragic conflict and to support India in they did not agree with Mr. Milosevic, head, along with aged people thrown that effort. but in any event the gentleman’s point into a well along with cows and rocks I now rise to express that same kind is taken. I hope he will withdraw it, and so forth as part of the atrocities of support for the terrible tragedy that and if so, I will remove my point of that were perpetrated there. So there is occurring in Eritrea and Ethiopia. I order. is no shortage of atrocities, but we can- rise with a sense of Congress to encour- Mr. STEARNS. Mr. Chairman, I yield not condone those activities, and I age a peaceful resolution of Eritrea and myself such time as I may consume. thank the gentleman for withdrawing the Ethiopian conflict and to offer this Mr. Chairman, I thank the distin- his amendment. amendment to acknowledge that there guished gentleman from Alabama, and Mr. STEARNS. Mr. Chairman, I ask has been progress. I will withdraw it. I just would like to unanimous consent to withdraw my Currently negotiations are being con- make a final argument here. amendment. ducted by the State of Eritrea and the I think the gentleman has touched The CHAIRMAN. Is there objection Federal Democratic Republic of Ethi- upon it, and my good colleague from to the request of the gentleman from opia. These negotiations are in re- Ohio has touched upon it when he men- Florida? sponse to their governments’ accept- tions the word ‘‘accountability.’’ We There was no objection. ance of the OAU framework, the Orga- need to take taxpayers’ money and The CHAIRMAN. The amendment of- nization of African unity framework, help people; I understand that. But in fered by the gentleman from Florida to settle the dispute between these two the overall understanding of this (Mr. STEARNS) is withdrawn. critical on the Horn of Africa. Our colleague, Mickey Leland, some project, we need to have accountability AMENDMENT OFFERED BY MS. JACKSON-LEE OF 10 years ago was continuing to go back for the taxpayers’ money, how it is TEXAS and forth to Ethiopia because of the being spent. Ms. JACKSON-LEE of Texas. Mr. tragedy of the famine. In a few days, it So with that in mind, and I am hope- Chairman, I offer an amendment. will be 10 years when we lost Mickey ful that the chairman will consider The CHAIRMAN. The Clerk will des- Leland in Ethiopia on a humanitarian part of what I have in report language, ignate the amendment. if not at least to make the attempt to mission. The text of the amendment is as fol- I know that his continued efforts tell the administration that money lows: will not be given, taxpayers’ money there were to ensure that Ethiopia Amendment offered by Ms. JACKSON-LEE of would be a strong nation, peaceful na- will not be given until there is full ac- Texas: tion, and a friend of the United States. countability in this case and that we Page 116, after line 5, insert the following: Now we have an opportunity to en- have balance and fairness. SENSE OF THE CONGRESS RELATING TO RESOLU- courage Ethiopia and Eritrea to cor- Mr. CALLAHAN. Before, Mr. Chair- TION OF THE CONFLICT BETWEEN ERITREA AND rect and resolve this latest conflict, man, I had forgotten I told the gen- ETHIOPIA and I applaud them for agreeing to en- tleman from Massachusetts that I SEC. ll. The Congress— gage in peace negotiations. The com- would yield to him. Whatever time re- (1) expresses its satisfaction with the deci- sion of President Isais of the State of Eritrea mitment the Prime Minister of Ethi- maining I have on my point of order, I opia and the President of Eritrea to yield to the gentleman from Massachu- and Prime Minister Meles of the Federal Democratic Republic of Ethiopia to agree to move forward and give their people setts (Mr. OLVER). the Organization of African Unity (OAU) peace and tranquility should be ap- The CHAIRMAN. The gentleman framework in settling the border dispute be- plauded. The Ethiopia-Eritrea conflict from Massachusetts (Mr. OLVER) is rec- tween Eritrea and Ethiopia and to enter into has substantially damaged the eco- ognized for 2 minutes. proximity talks in Algeria for implementing nomic growth and development of the Mr. OLVER. Mr. Chairman, I thank a cease-fire between the two countries; countries and has led to humanitarian the gentleman for yielding this time to (2) encourages the completion of the mo- suffering on both sides of the border. me, and I also would like to associate dality talks between Eritrea and Ethiopia as For 30 years, a problem dividing myself with the comments that have quickly as possible and encourages the two countries not to renew hostilities; Ethiopia and Eritrea was Eritrea’s been made by the distinguished chair- claim that its people have a right to man of the subcommittee. There is no (3) appreciates the de facto cease-fire agreed to by Eritrea and Ethiopia; self-determination. In 1991, this long question that there is no shortage of (4) appreciates the efforts of the Organiza- and costly struggle ended through a co- hatred in Kosovo these days, and I tion of African Unity and the Government of alition built to topple the Ethiopian would just point out that the first siz- Algeria for aiding in the negotiations be- dictatorship that was not acceptable to able delegation of Members of the Con- tween Eritrea and Ethiopia; and either country. For 7 years of peace, gress was led by the gentleman from (5) in order to more firmly move Eritrea both neighbors pursued paths of eco- Ohio, the chairman of the Sub- and Ethiopia toward a resolution of the con- flict between the two countries, expresses its nomic and social development to give committee on Military Construction, rise to the very idea of renaissance, es- of which I serve as the ranking mem- intent to reconsider its position with respect to Eritrea and Ethiopia if there is a resump- tablishing a path to economic growth ber; and we saw the attempt on the tion of hostilities between the two countries. and a better quality of life for the peo- part of American forces there, having Mr. CALLAHAN. Mr. Chairman, I re- ple. detained some 10 or so Serbian serve a point of order. The border dispute that ignited hos- Kosovars and some, almost 30, Alba- The CHAIRMAN. Pursuant to the tilities has smothered any confidence nian Kosovars for a variety of actions, order of the House of Thursday, July that things would be really better. The but there are no courts in Kosovo to 29, 1999, the gentlewoman from Texas war has taken a vicious toll on the peo- send those actions to, actions of (Ms. JACKSON-LEE) and a Member op- ple in the countries. The number of looting and arson and, in fact, murder. posed each will control 5 minutes. casualties are almost surreal. We have In this particular instance, the 14 The Chair recognizes the gentle- seen reports of over 18,000 victims with- Serbian farmers, and one can surely woman from Texas (Ms. JACKSON-LEE). in 3 or 4 days of fighting. Individual not condone that kind of activity, al- border battles have involved over 90,000 b ready three people have been arrested 2215 soldiers fighting from various fronts. for that. On the other hand, there have Ms. JACKSON-LEE of Texas. Mr. In Eritrea the army is estimated to be been no arrests and may well never be. Chairman, I yield myself such time as over 250,000 soldiers, men and women, a In fact, the perpetrators out of the I may consume. huge drain on a population of 3.5 peo- Yugoslavian armed forces are probably Mr. Chairman, just a few minutes ago ple. quite free and among the elite of the I rose in opposition to the Burton That is why I brought to the atten- military in Belgrade at this time for amendment regarding cutting funds to tion of this Congress my desire for a H6834 CONGRESSIONAL RECORD — HOUSE August 2, 1999 sense of Congress to acknowledge the ment. I do not want to insist on my Mr. CALLAHAN. Mr. Chairman, I ask movement, the progress, that has been point of order, but I must insist if the unanimous consent to transfer my 5 made, the fact that the OAU agreement gentlewoman does not choose to with- minutes to the gentlewoman from Cali- has been accepted or at least has been draw it. fornia (Ms. PELOSI), and that she may moved on and as well that there are ef- Ms. JACKSON-LEE of Texas. Mr. yield said time. forts toward trying to resolve this. Chairman, will the gentleman yield? The CHAIRMAN. Is there objection Mr. GILMAN. Mr. Chairman, will the Mr. CALLAHAN. I yield to the gen- to the request of the gentleman from gentlewoman yield? tlewoman from Texas. Alabama? Ms. JACKSON-LEE of Texas. I yield Ms. JACKSON-LEE of Texas. If the There was no objection. to the gentleman from New York, the chairman would allow me just to sum- The CHAIRMAN. The gentleman Chairman of the Committee on Inter- marize, then I would like to ask unani- from Texas (Mr. PAUL) is recognized for national Relations. mous consent upon my summary to 5 minutes. Mr. GILMAN. Mr. Chairman, I share withdraw this amendment. (Mr. PAUL asked and was given per- the gentlewoman’s concerns that Ethi- I appreciate very much the chairman mission to revise and extend his re- opia and Eritrea, two fine countries of the Committee, the chairman of the marks.) Mr. PAUL. Mr. Chairman, I yield my- that have already suffered too many Committee on International Relations years of communist dictatorship, have self 3 minutes. and their ranking members for their Mr. Chairman, the amendment is spent 14 months at war with one an- kind words and agreement with me on straightforward. It prohibits the use of other, and the loss has been tragic. We the importance of this issue. any money for population control, fam- are hopeful now that there is a cease- Let me close by simply saying that ily planning, or abortion of any funds fire, that they will implement the we have at least the makings of the po- authorized in this bill, appropriated in cease-fire and return to peace. I want tential of an opportunity for peace. this bill. to commend the gentlewoman for fo- The de facto cease-fire and the work of Mr. Chairman, the question really is cusing attention on the cease-fire that the government of Algeria in aiding this: Should the American taxpayer be is under way. the negotiations between Eritrea and required to pay for birth control pills, Ms. PELOSI. Mr. Chairman, will the Ethiopia should also be recognized, and IUDs, Depo-Provera, Norplant, condom gentlewoman yield? hopefully the Congress will continue to distribution, as well as abortion in for- Ms. JACKSON-LEE of Texas. I yield monitor this circumstance to avoid the eign countries. Those who believe this to the gentlewoman from California. loss of life and certainly in tribute to is a proper and legitimate function will Ms. PELOSI. Mr. Chairman, I thank my predecessor, Mickey Leland and his vote against the amendment. Those the gentlewoman for yielding me time. love for Ethiopia and love for mankind who believe that it is not a proper Mr. Chairman, I know that the dis- we can monitor the circumstances function for us to be doing these things tinguished chairman of our committee there. around the world would vote for my will be calling for a point of order on Mr. GILMAN. Mr. Chairman, I share the amendment. this sense of the Congress motion, but gentlewoman's concerns that Ethiopia and Eri- Mr. Chairman, I mention abortion be- I did want to take a half a moment to trea, two fine countries that have already suf- cause although this bill does not au- join her in commending our former col- fered many years of communist dictatorship, thorize funds directly for abortion, any league here, Mickey Leland. When the have spent 14 months at war with one an- birth control center that is involved gentlewoman mentioned that it is 10 other. that receives funds from us and are in- years, it seems impossible, but indeed I am very hopeful that they will implement volved with abortion, all they do is it was 1989. I was with my family in the ceasefire and return to peace. shift the funds. All funds are fungible, Cairo when we got the bad news. We Ms. JACKSON-LEE. of Texas. Mr. so any country that we give money to were all going to join Mickey in Chairman, I ask unanimous consent to that is involved with abortion, for Nairobi when he left Ethiopia. Of withdraw my amendment. whatever reason, or especially in a course, he invited everyone to go to The CHAIRMAN. Is there objection family planning clinic, can very easily Ethiopia with him. to the request of the gentlewoman shift those funds and perform abor- Fortunately for everyone else, he did from Texas? tions. So this is very, very clear-cut. not have a large enough plane for ev- There was no objection. I would like to spend a minute eryone. Maybe if he had a larger plane, AMENDMENT NO. 9 OFFERED BY MR. PAUL though on the authority that is cited he would still with be us. Every day I Mr. PAUL. Mr. Chairman, I offer an for doing such a thing. Under the House remember him, because his picture is amendment. rules, the committee is required to at on the wall of my office, holding a The CHAIRMAN. The Clerk will des- least cite the constitutional authority baby, that beautiful picture of Mickey ignate the amendment. for doing what we do on each of our Leland. He was there, not helping The text of the amendment is as fol- bills. Of course, I was curious about countries, but helping people. lows: this, because I was wondering whether I am particularly pleased that the this could be general welfare. This does gentlewoman at least has us focused on Amendment No. 9 offered by Mr. PAUL: At the end of the bill, insert after the last not sound like the general welfare of peace in that region because that is section (preceding the short title) the fol- the U.S. taxpayer, to be passing out what we should be working toward. lowing: condoms and birth control pills and Once again, I commend the gentle- LIMITATION ON FUNDS FOR ABORTION, FAMILY forcing our will on other people, impos- woman for calling the Congress’ atten- PLANNING, OR POPULATION CONTROL EFFORTS ing our standards on them and forcing tion to this important region of the SEC. . None of the funds appropriated or our taxpayers to pay. That does not world. otherwise made available by this Act may be seem to have anything to do whatso- Mr. CALLAHAN. Mr. Chairman, I made available for— ever with the general welfare of this yield myself such time as I may con- (1) population control or population plan- country. sume. ning programs; Of course, the other clause that is I share the gentlewoman’s concern (2) family planning activities; or generally used in our legislation is the about the war in Ethiopia and Eritrea, (3) abortion procedures. interstate commerce clause. Well, it and I too am optimistic that the war The CHAIRMAN. Pursuant to the would be pretty tough, pretty tough, between these two nations will soon be order of the House of Thursday, July justifying passing out condoms in the ending. I remind Members that bin 29, 1999, the gentleman from Texas (Mr. various countries of the world under Laden has long utilized Sudan as a ter- PAUL) and a Member opposed each will the interstate commerce clause. rorist training ground. In fact, Sudan control 5 minutes. So it was very interesting to read ex- served as a safe-harbor for the bin Mr. CALLAHAN. Mr. Chairman, I actly what the justification is. The Laden terrorists who blew up the U.S. rise in opposition to the amendment. Committee on Appropriations, quoting embassies in Tanzania and in Kenya. The CHAIRMAN. The gentleman from the committee report, the Com- But I sincerely hope that the gentle- from Alabama will control the time in mittee on Appropriations bases its au- woman would withdraw her amend- opposition to the amendment. thority to report this legislation from August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6835 clause 7, section 9 of Article I of the I think the gentleman knows full this subcommittee to draft a bill. And Constitution of the United States of well that no funds may be used for in order to draft a bill, I have to depend America, which states ‘‘no money shall abortion procedures. That is the law of upon a very able staff which really did be drawn from the Treasury but in con- the land. We reiterate it every time we the drafting of this 119 pages of law sequence of appropriation made by have a discussion on this subject. If that hopefully will be passed tomorrow law.’’ ‘‘Appropriations contained in you are going to apply fungibility, you morning. this act,’’ the report says, ‘‘are made would have to apply it to everything But upon my instruction, I would pursuant to this specific power granted we do here. I do not know why all of a like to reiterate, and I know the gen- by the Constitution.’’ sudden when it comes to international tleman from Texas (Mr. PAUL) has al- That is not a power. That was a pro- family planning, fungibility becomes a ready brought it out, but since I am re- hibition. It was to keep us from spend- principle, but when we are dealing with sponsible for writing this bill, the bill ing money without appropriation. If the defense bill or any other appropria- says that none of the funds made avail- this is true, we can spend money on tions, we never say that giving money able under this heading may be used to anything in the world, and the Con- for this, that or the other purpose helps pay for the performance of abortions as stitution has zero meaning. This can- that country underwrite some prac- a method of family planning. not possibly be. tices that we might not approve of. So I just wanted to make perfectly So all I would suggest is this: Be a The amendment would end a more clear my position as the author of this little more creative when we talk than 30-year-old program recognized as bill with respect to abortions. about the Constitution. There must be one of the most successful components Ms. PELOSI. Mr. Chairman, reclaim- a more creative explanation on why we of U.S. foreign assistance. Tens of mil- ing my time, the gentleman’s position are spending these kinds of monies lions of couples, Mr. Chairman, in the on this is well-known. overseas. developing world are using family plan- Mr. PAUL. Mr. Chairman, I yield my- Ms. PELOSI. Mr. Chairman, who has ning as a direct result of this program, self such time as I may consume. the right to close? Mr. Chairman, the gentlewoman The CHAIRMAN. The gentlewoman and the average number of children per family has declined more than one- makes the point that we should not use from California (Ms. PELOSI), defending third since the 1960’s. the abortion issue to talk about the position of the committee. fungibility and I believe that she is Ms. PELOSI. Mr. Chairman, I yield Three out of four Americans sur- veyed in 1995 wanted to increase or correct. I think it should apply to ev- myself such time as I may consume. erything. This is the reason I do Mr. Chairman, I rise in very strong maintain spending on family planning strongly oppose Export-Import Bank opposition to the Paul amendment, and for poor countries. I was, this year, in money going to Red China. Their viola- it is not even reluctantly. It is with India and saw what happened in those grave disappointment, frankly, that states where there was effective family tions of civil liberties and abortions this amendment is even being pro- planning as opposed to what was the are good reasons why we should not do posed, though I respect the gentle- plight of the people in areas where the it, and yet they are the greatest recipi- man’s right to do so, and I respect the women did not have access to this fam- ent of our foreign aid from the Exim gentleman. ily planning information. Bank. $5.9 billion they have received If this Paul amendment would be en- So I believe that this amendment over the years. acted, it would cause deaths and suf- would be contrary to the interests and So I would say, yes, the gentlewoman fering for millions of women and chil- values of the vast majority of the peo- is correct. All of these programs are dren. I say that without any fear of ple in the world, and certainly, speak- fungible. And I agree that the wording contradiction. ing in our own terms, of the American in the bill says that our funds cannot Of course, we all want to reduce the people. In February 1997, both the be used. But when we put our funds in number of abortions performed House and the Senate showed their with other funds, all of the sudden they throughout the world, and the best way commitment to the USAID Inter- are in a pool and they can shift them to do that is to promote family plan- national Family Planning Program by around and there is a real thing called ning. It seems hard to believe that the voting for the early release of funds fungibility. gentleman would stand up and say he specifically for this program. So once we send money to a country does not know why it is in our national for any reason, we endorse what they b 2230 interests that we improve the plight of do. Therefore, we should be rather cau- children, poor children and families We had to have a vote at that time. tious. As a matter of fact, if we were throughout the world by allowing them Mr. Chairman, I see some of my col- cautious enough we would not be in the the opportunity to make decisions for leagues on their feet, and I am pleased business of taking money at the point themselves about the timing and the to yield to the distinguished gentleman of a gun from our American taxpayer, number of children that a family would from New York (Mr. GILMAN), chair- doing things that they find abhorrent have, or that the impact that this has man of the authorizing committee, the around the world and imposing our will on women, alleviating poverty, raising Committee on International Relations. and our standards on them. the literacy rate, and, again, giving Mr. GILMAN. Mr. Chairman, I want Mr. Chairman, birth control methods more empowerment to women by hav- to associate myself with the remarks are not perfectly safe. As a gyne- ing them control their own destinies. of the gentlewoman from California cologist, I have seen severe complica- The issue of population, certainly we (Ms. PELOSI). Population control, popu- tions from the use of IUDs and Depo- understand that our world’s resources lation planning is so important today. Provera and Norplant. Women can have are finite. I think that most would That is the next crisis that we are to strokes with birth control pill. These agree that it is in our interests as well be confronted with. The growth of pop- are not benign. as the interests of every person living ulations around the world are going to And my colleagues say we want to on this Earth that we husband our re- lead to hunger in impoverished areas. stop the killing and abortions, but sources very carefully, and that in- And where we have hunger and pov- every time that the abortion is done cludes curbing uncontrolled population erty, we soon have hostility. with fungible funds, it is killing a growth. I say that as one who does not The best way to prevent that is to human being, an innocent human support any forced measures in that help with family planning and with being. So for very real reasons, if we end, but voluntary efforts to that end. population control. And I thank the were serious about stopping this and This amendment would close the gentlewoman for her arguments in op- protecting the American taxpayer, most effective avenue to preventing position to this amendment. there is nothing wrong with some of abortions. The gentleman says that Mr. CALLAHAN. Mr. Chairman, will these goals. I agree. As a gynecologist, well, if we spend this money, then the the gentlewoman yield? I would agree with the goals, but they organizations that use this money but Ms. PELOSI. I yield to the gentleman should not be done through coercion. also perform abortions have this under- from Alabama. They should be done through voluntary writing, or the money is fungible, and, Mr. CALLAHAN. Mr. Chairman, it is means through churches and charities. therefore, we are supporting abortions. my duty in this House as chairman of That is the way it should be done. H6836 CONGRESSIONAL RECORD — HOUSE August 2, 1999 Mr. Chairman, we do not have the au- Tibetans in democracy activities and tion, are continuing to wipe out the Ti- thority to coerce our people to work for monitoring the human rights situa- betan people. It is important that the hard, pay their taxes, and then take tion in Tibet made worse by the activi- children be formost in our focus on the money into foreign countries and ties of China. In addition, we would peaceful efforts to return Tibet to its impose our will on them. offer additional funds to be of assist- people and to bring the Dalai Lama The CHAIRMAN. All time for debate ance to the Tibetan refugee program. home. has expired. Mr. Chairman, there is a need for I rise Mr. Chairman to offer an amendment The question is on the amendment something to be done. As we recently which will take $4 million out of the fund which offered by the gentleman from Texas remembered the 10th anniversary of contains the Foreign Ops funding for the (Mr. PAUL). the Tiananmen Square tragedy, we School of the Americans, and redistribute it to The question was taken; and the continue to acknowledge the human the Economic Support Fund and the Emer- Chairman announced that the noes ap- rights abuses imposed by the Chinese gency Refugee and Migrations Assistance peared to have it. government. Whether on the mainland Funds for specific use in Tibet. Mr. PAUL. Mr. Chairman, I demand a or other areas, the Chinese have shown As we recently remembered the 10th anni- recorded vote, and pending that I make themselves to be opposed to the basic versary of the Tainanmen Square tragedy we the point of order that a quorum is not human rights principles we all aspire continue to acknowledge the human rights present. to achieve. abuses imposed upon the people by the Chi- The CHAIRMAN. Pursuant to House The Chinese have tripled their mis- nese government. Whether on the mainland or Resolution 263, further proceedings on sile threat to Taiwan. China does not in other areas, the Chinese have shown them- the amendment offered by the gen- understand they cannot force a free selves to be opposed to the basic human rights principles we all aspire to achieve. tleman from Texas (Mr. PAUL) will be and democratic Taiwan to unify and The Chinese have tripled their missile threat postponed. that they should accept its existence. We still watch as China continues its to Taiwan. China does not understand they The point of no quorum is considered cannot force a free and democratic Taiwan to withdrawn. occupation of Tibet. Since 1951, when the People’s Republic of China invaded unify and that they should accept Taiwan as a AMENDMENT OFFERED BY MS. JACKSON-LEE OF Tibet, hundreds of thousands of Tibet- friendly and independent neighbor and estab- TEXAS ans have been killed outright or have lish diplomatic ties. Ms. JACKSON-LEE of Texas. Mr. died as a result of aggression, torture And we all still watch as China continues its Chairman, I offer an amendment. or starvation. Over 6,000 monasteries occupation of Tibet. Since 1951, when the The CHAIRMAN. The Clerk will des- and temples have been destroyed. People's Republic of China invaded Tibet hun- ignate the amendment. China has implemented a consistent dreds of thousand of Tibetans have been The text of the amendment is as fol- pattern of suppression in an attempt to killed outright or died as the result of aggres- lows: eradicate the Tibetan culture. sion, torture or starvation. Over 6,000 mon- The amendment offered by Ms. JACKSON- The continued population transfer of asteries and temples have been destroyed. LEE of Texas: Chinese to Tibet threatens the exist- China has implemented a consistent pattern of Page 116, after line 5, insert the following: ence of the unique national, cultural, suppression in an attempt to eradicate the Ti- SEC. ll. (a) Of the amounts made avail- and religious identity of the Tibetan betan religion and culture. able in title III under the account ‘‘INTER- people. The fragile Tibetan plateau is The continued population transfer of Chi- NATIONAL MILITARY EDUCATION AND TRAIN- seriously threatened by the exploi- nese to Tibet threatens the existence of the ING’’, $4,000,000 made available for the United tation of its environmental resources unique national, cultural and religious identity States Army School of the Americas is of the Tibetan people. transferred as follows: by China. The Tibetan people have dem- The fragile Tibetan plateau is seriously (1) $2,000,000 is transferred to the account threatened by the exploitation of its environ- ‘‘ECONOMIC SUPPORT FUND’’ in title II and onstrated repeatedly for independence mental resources by China. made available for providing training and from China. Their struggle is non- The Tibetan people have demonstrated re- education of Tibetans in democracy activi- violent and worthy of special atten- peatedly for independence from China. Their ties and for monitoring the human rights sit- tion. It is important to provide funding uation in Tibet. struggle is nonviolent and worthy of special at- to encourage them in their efforts, en- tention. Indeed, when in 1989, the Dalai (2) $2,000,000 is transferred to the account courage them in democracy, encourage ‘‘UNITED STATES EMERGENCY REFUGEE AND MI- Lama, the leader of the Tibetan people, re- them in being able to monitor the var- GRATION ASSISTANCE FUND’’ in title II and ceived the Nobel Peace Prize the international made available for the Tibetan refugee pro- ious human rights abuse. community documented its commitment to a Indeed, when in 1989 the Dalai Lama, gram. free Tibet. (b) Of the funds appropriated in this Act in leader of the Tibetan people, received There are about 110,000 Tibetan refugees title II under the account ‘‘ECONOMIC SUP- the Nobel peace prize, the inter- living in 53 settlements in India, Nepal and PORT FUND’’, not less than $2,250,000 shall be national community documented its Bhutan. Over 1.2 million Tibetans have died in made available for providing training and commitment to free Tibet. There are education of Tibetans in democracy activi- a widespread program of imprisonment, tor- 110,000 Tibetan refugees living in 53 set- ture and executions orchestrated by China. ties and for monitoring the human rights sit- tlements in India, Nepal and Bhutan. uation in Tibet. Tibet's unique culture and Buddhist religion Over 1.2 million Tibetans have died in a The CHAIRMAN. The gentlewoman have been systematically suppressed as widespread program of imprisonment China has looted Tibet's enormous mineral from Texas (Ms. JACKSON-LEE) and a torture and executions orchestrated by wealth, natural resources and priceless art Member opposed each will control 5 China. Tibet’s unique culture and Bud- treasures, transporting them back to China to minutes. dhist religion have been systematically fuel its own economic growth. Mr. CALLAHAN. Mr. Chairman, I re- suppressed as China has looted Tibet’s An apartheid system is in place, following serve a point of order against the enormous mineral wealth, natural re- the mass migration of Chinese into Tibet. amendment. sources, and priceless art treasures, These immigrants now dominate the economy Ms. JACKSON-LEE of Texas. Mr. transporting them back to China to and hold all the best jobs. Employment pros- Chairman, I yield myself such time as fuel its own economic growth. pects for Tibetans are virtually nonexistent. I may consume. Mr. Chairman, I would like to con- Coercive birth control policies, including en- Mr. Chairman, in actuality I wish I gratulate the Committee on Inter- forced abortion and sterilization, are com- did not have to rise to the floor to offer national Relations for its removal of $8 pleting the policies of wiping out Tibet's iden- this amendment. I wish that Tibet was million from the World Bank to avoid tify forever. We watch China, the world's most living in peace and harmony. I wish the this so-called apartheid system where oppressive police state, control Tibet. There Dalai Lama who is in exile, who I had there was a movement of 50,000 Chinese are between a quarter and half a million Chi- an opportunity to meet and discuss farmers into Tibet creating almost an nese troops in Tibet. China permits no news these issues with, was free to go back apartheid system where the Tibetans media in Tibet. Amnesty International and for- to Tibet. would not have the good jobs or oppor- eign diplomats are refused permission to visit. My amendment offers to provide $4 tunities, but the Chinese would. Tibetans in Tibet are liable to interrogation, im- million to the Economic Support Fund Coercive birth control policies, in- prisonment and torture for having unofficial to provide training and education of cluding forced abortion and steriliza- contact with foreigners. August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6837 Tibet covers an area the size of Western Mr. CALLAHAN. Mr. Chairman, will chairman, ranking member of the sub- Europe and is the world's highest plateaus. the gentlewoman yield? committee and the Chairman of the The Culture is magnificent and unique. Until Ms. JACKSON-LEE of Texas. I yield Committee on International Relations 1950, Tibet had retained that ancient culture. to the gentleman from Alabama. as we try to bring peace and dignity to My amendment would offer additional hope Mr. CALLAHAN. Mr. Chairman, I the Tibetan people. to the Tibetan people that the international would point out that on page 39 of the Mr. Chairman, I ask unanimous con- community, particularly the United States is committee report, we recommend that sent to withdraw my amendment. supportive of their independence and that we $250,000 be made available for democ- The CHAIRMAN. Is there objection are providing resources for improved systems racy training and education activities to the request of the gentlewoman and enhancement of aid programs. for Tibetans. In addition, on page 55 of from Texas? The United States Army School of the the report, we recommend $2 million There was no objection. Americas will have $4 million of its appropria- for continued humanitarian assistance AMENDMENT OFFERED BY MR. PAUL tions transferred to a true democratic cause. for the Tibetan refugees. Mr. PAUL. Mr. Chairman, I offer an Our efforts to provide international military So the committee has already ad- amendment. training and education to the armed forces in dressed the concerns of the gentle- The CHAIRMAN. The Clerk will des- Latin America has at best led to questionable woman from Texas. We do not ear- ignate the amendment. practices by its graduates. We want democ- mark, as she well knows, in our bill. The text of the amendment is as fol- racy. We want to see our funds used to sup- This amendment would earmark and, lows: port the development of democracies. The Ti- therefore, I must continue to, number betans want democracy. Some graduates of Amendment offered by Mr. PAUL: one, reserve my point of order. Page 116, after line 5, insert the following: the School of the Americas have not dem- Mr. CALLAHAN. Mr. Chairman, I LIMITATION ON FUNDS FOR EXPORT-IMPORT onstrated such a commitment. claim the time in opposition to the BANK OF THE UNITED STATES, OVERSEAS PRI- Graduates of the United States Army School amendment. of the Americas include some of the worst VATE INVESTMENT CORPORATION, AND THE The CHAIRMAN. The gentleman TRADE AND DEVELOPMENT AGENCY human rights abusers in the Western Hemi- from Alabama (Mr. Callahan) is recog- sphere, including 19 Salvadoran soldiers SEC. . None of the funds made available nized for 5 minutes. pursuant to this Act for the Export-Import linked to the 1989 murder of six Jesuit priests Mr. CALLAHAN. Mr. Chairman, I Bank of the United States, the Overseas Pri- and their housekeeper and her daughter. Two yield such time as she may consume to vate Investment Corporation, or the Trade of the three officers cited by the Guatemalan the gentlewoman from California (Ms. and Development Agency, may be used to archbishop's office are suspected of the killing PELOSI). enter into any new obligation, guarantee, or of anthropologist Myrna Mack in 1992, as well Ms. PELOSI. Mr. Chairman, the gen- agreement on or after the date of the enact- ment of this Act. as three top leaders of the notorious Guate- tlewoman from Texas (Ms. JACKSON- malan military intelligence unit D±2 were grad- LEE) I commend for bringing the plight The CHAIRMAN. Pursuant to the uates of the School of the Americas. of Tibet to the attention once again of order of the House of Thursday, July One-half of the 247 Colombian army officers our colleagues. The gentleman from 29, 1999, the gentleman from Texas (Mr. cited in the definitive work on Colombian Alabama (Mr. CALLAHAN), our distin- PAUL) and the gentleman from Ala- human rights abuses, El Terrorismo de Estado guished chairman, has been most coop- bama (Mr. CALLAHAN) each will control en Colombia, in 1992 were graduates of this erative on this issue of Tibet. It is a 5 minutes. School. priority for many of us on the com- The gentleman from Texas (Mr. Ten of the 30 Chilean officers against whom mittee. And, of course, the gentleman PAUL) is recognized for 5 minutes. a Spanish judge in 1998 requested indict- from New York (Mr. GILMAN), chair- (Mr. PAUL asked and was given per- ments for crimes of terrorism, torture and dis- man of the authorizing committee, has mission to revise and extend his re- appearance as well as the El Salvador death been a champion on the Tibet issue for marks.) squad leader Roberto D'Aubuisson graduated a long time. Mr. PAUL. Mr. Chairman, I yield my- from the School of the Americas. self such time as I may consume. Two of the three killers of Archbishop Oscar But as the gentleman from Alabama Mr. Chairman, this amendment pro- Romero of El Salvador and 10 of the 12 offi- said, the funds are in the bill already vides that no funds for new obligations, cers responsible for the murder of 900 civil- because this is a priority. The plight of guarantees, or agreements can be ians in the El Salvadoran village El Mozote the people of Tibet challenges the con- issued under the Export-Import Bank are graduates. science of the world and by and large And the most notorious for us, three of the the world ignores their plight. Our bill under OPIC or under the Trade Devel- five officers involved in the 1980 rape and does not, and the more attention we opment Agency. This again is an at- murder of four United States churchwomen in can call, the better. tempt to try to slow up the amount of El Salvador graduated from the School of the Mr. Chairman, even though this may dollars that flow into corporations and Americas. not be able to be received by the full for their benefit specifically as well as Reducing funding for this School does not House this evening, nonetheless, the our foreign competitors. prevent the United States from providing ap- bright light that the gentlewoman fo- China, for instance, receives the larg- propriate training for military personnel of Latin cuses on Tibet once again is appre- est amount of money from the Export- American armed forces. It is conceivable that ciated and will contribute to freedom Import Bank. Outstanding liabilities by our actions a better military training and there one day. for the Export-Import Bank is now $55 education program can be developed. With a Mr. CALLAHAN. Mr. Chairman, I billion. There is $5.9 billion that have most improved screening process for potential yield such time as she may consume to been granted to the Chinese. students. the gentlewoman from Texas (Ms. Last week we had a very important I urge you to support my amendment for de- JACKSON-LEE). vote on trade. It was hotly debated mocracy. Ms. JACKSON-LEE of Texas. Mr. over human rights issues. I voted to Mr. Chairman, I yield to the gen- Chairman, I would like to conclude by trade with China because I believe it is tleman from New York (Mr. GILMAN), simply thanking both the ranking proper to trade with people. We are less chairman of the Committee on Inter- member and the chairman for the ef- likely to fight with them. And in this national Relations. forts that have been made in the Sub- institution, too often we use our terms Mr. GILMAN. Mr. Chairman, the gen- committee on Foreign Operations, Ex- carelessly and we talk about free trade tlewoman from Texas (Ms. JACKSON- port Financing and Related Programs, as being something which is managed LEE) has done an outstanding job of fo- as well as that of the chairman of the trade. Free trade here generally means cussing attention on the violations by Committee on International Relations. that we will have the NAFTA people the People’s Republic of China with re- My effort tonight was to provide more managing trade, the World Trade Orga- gard to the Tibetan people. We cannot resources because of the horrific situa- nization managing trade, and we will give enough attention to the occupa- tion in Tibet. The abuse of human subsidize our businesses. tion of the People’s Republic of China rights and the exile of the Dalai Lama. Just this past week we had the World in Tibet and we welcome the gentle- I would like to continue to work with Trade Organization rule against us say- woman’s remarks. all of the committees and as well the ing that we grant $2 billion worth of H6838 CONGRESSIONAL RECORD — HOUSE August 2, 1999 tax benefits to our own corporations It is time we look carefully at these ple can participate in global economy and they ruled that that was illegal. subsidies. is to have the same advantages as do This is all done in the name of free Mr. CALLAHAN. Mr. Chairman, I Canada, as do Japan, as do Germany, as trade. rise in opposition to the amendment. do France. We need this in order to I say that we should have free trade. Mr. Chairman, I yield 11⁄2 minutes to work today in a global economy. We should trade with our friends and the gentlewoman from California (Ms. So we are not talking about losing with anybody who would trade that we PELOSI). money. That is not the question here. are not at war with. We should really, Ms. PELOSI. Mr. Chairman, I rise in Ex-Im bank is not losing money. We really be careful about issuing sanc- opposition to the amendment. In doing are talking about whether or not we tions. But here we are, last week we so, I want to correct the record. Those are going to have a financing capa- had the great debate and a lot of people of us who were asking for raising tar- bility that will enable American jobs could not stand the idea of trading iffs on products coming from China to be exported to all of the countries with Red China because of their human were not interested in cutting off trade that the gentleman from Texas men- rights record and I understand that, al- with China. What we were doing is to tioned. though I did not accept that position. say, let us have the same reciprocity So, Mr. Chairman, I think it is the But this is the time to do something between our two countries as we would same debate that we had on OPIC ex- about it. expect from other countries. cept this one is twice as bad because, Trading with Red China under true But then to use that and say it is all also, he closes down the Ex-Im Bank as free trade is a benefit to both of us. It right to give a $70 billion trade surplus well and cuts off the ability of Amer- is a benefit to our consumers and it to the regime so they can strengthen ican business people to do business in benefits both countries because we are their hold on the people of China but most any foreign country. talking with people and we are not we should take out our concerns with I urge opposition to the amendment. fighting with them. But it gets to be a China on the Ex-Im Bank I think is Mr. Chairman, I reserve the balance serious problem when we tax our peo- very inappropriate. That is why I op- of my time. ple in order to benefit those who are re- pose it. Mr. PAUL. Mr. Chairman, I yield my- ceiving the goods overseas. The Ex-Im Bank does not subsidize self such time as I may consume. the Chinese government. The Ex-Im Mr. Chairman, I would like to point b 2245 Bank subsidizes U.S. manufacturers out that it is truly a subsidy to a for- Now, if there is a worldwide down- selling into countries, including China. eign corporation, a foreign govern- turn, this $55 billion of liabilities out The Paul amendment would not ment. For Red China, corporations and there could be very significant in how allow the Export-Import Bank to as- governments are essentially identical. it is going to be paid back. The Chinese sume any new business. This would They are not really quite in the free right now, their economy is not all mean that all of the Ex-Im’s resources market yet. that healthy. They are talking about a would be used to liquidate existing But the gentleman from Alabama devaluation. transactions. In other words, Ex-Im (Mr. CALLAHAN) points out that, no, So this is a liability that the Amer- would slowly, gradually shut down. that is not true. The money does not go ican taxpayers are exposed to. If we do I agree with the gentleman that we to Red China and they buy things; we have a concern about Red China and must subject the Ex-Im, OPIC, and all just give it directly. We do not even the Chinese, yes, let us work with of these institutions to harsh scrutiny. send it round trip. This is true. them, let us trade with them, but let us Are they performing the task that is We take taxpayers’ money. We take not subsidize them. their established purpose, to promote taxpayers’ guarantee. We give them to This is what I am trying to do. I am U.S. exports? The Ex-Im Bank, I think, those huge five corporations that do 67 trying to stop this type of subsidies. So from the scrutiny we subjected to in percent of the business. We give them my bill, my amendment would stop any our committee does that. the money. But where do the goods go? new obligation. It does not close down The gentleman’s amendment is ill- Do the goods go to the American tax- Export-Import Bank. It allows all the advised. The same would apply to payers? No. They get all of the liabil- old loans to operate and function, but OPIC, which, by the way, does not op- ities. The subsidies help the Chinese. no new obligations can be made, no erate in China. So, technically, yes, we do not send new guaranties, and no agreement, So I urge our colleagues to oppose the money there. But who is going to with the idea that someday we may this amendment for many more rea- pay it back? The Chinese pays the loan truly move to free trade, that we do sons than I have time to go into. back. If they default, who pays the bill not recognize free trade as being sub- Mr. CALLAHAN. Mr. Speaker, I yield if the Chinese defaults? Who pays the sidized trade as well as internationally myself such time as I may consume. bill if they default? It is obviously the managed trade with organizations such Mr. Chairman, we have already dis- taxpayers. as NAFTA and World Trade Organiza- cussed the impact of the closing down What I am pointing out is that $5.9 tion. of OPIC earlier tonight, and my col- billion that the Chinese now had bor- Those institutions are not free trade leagues can see that the will of the rowed from us, from the Export-Import institutions. They are managed trade House certainly agreed with those of us Bank, is a significant obligation that, institutions for the benefit of special who think that we must have this com- too, is on the backs of the American interests. That is what this type of petitive level playing field with the taxpayer. funding is for is for the benefit of spe- rest of the G–7 Nations. So I urge support for the amendment cial interests, whether it is our domes- The gentleman from Texas (Mr. because, if we are serious about free tic corporation, which, indeed, I would PAUL) is absolutely right when it trade, just please do not call it free recognize does receive some benefit. comes to basic sounding good things, a trade anymore. Call it managed trade. Sixty-seven percent of all the funding feel-good amendment, when he talks Call it subsidized trade. Call it special of the Export-Import Bank goes to, not about Ex-Im Bank giving money to Red interest trade. But please do not call it a large number of companies, to five China. Ex-Im Bank does not give free trade anymore, because it is not companies. I will bet my colleagues, if money to Red China. Ex-Im Bank loans free trade. they look at those five companies in money to American businesses to es- Mr. Chairman, I yield back the bal- this country that gets 67 percent of the tablish programs in Red China. There ance of my time. benefit and look at their political ac- is no prohibition against Red China Mr. CALLAHAN. Mr. Chairman, I tion records, my colleagues might be coming to the United States to invest yield myself such time as I may con- enlightened. I mean, I bet my col- with the support of a similar organiza- sume. leagues we would learn something tion in China. In closing, Mr. Chairman, I would about where that money goes, because What we are saying is we want to be just like to say that the $16 million, or they are big corporations and they ben- just like the rest of the world when it whatever figure he is using that goes to efit, and they will have their defenders comes to global economy. This is a China, goes in the form of things like here. global economy. The only way our peo- airplane. Yes, a lot of it goes to Boeing, August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6839 which is a huge corporation. But the tions for the Departments of Com- hereafter in the Extensions of Re- benefit that the American taxpayers merce, Justice, and State, the Judici- marks.) receive are the thousands of jobs that ary, and related agencies for the fiscal f Boeing provides in order to export this year ending September 30, 2000, and for plane to China who pays for it. If in- other purposes, which was referred to $800 BILLION TAX CUT, BUT NOT deed there was some problem, we can the Union Calendar and ordered to be FOR THE MIDDLE OR LOWER always go and get the airplanes back. printed. CLASSES It is not like we are giving something The SPEAKER pro tempore. Under The SPEAKER pro tempore. Under a away. We are creating jobs. I might tell the rule, all points of order are re- previous order of the House, the gen- my colleagues that many of those Boe- served on the bill. tleman from Massachusetts (Mr. ing jobs are located in the State of Ala- f OLVER) is recognized for 5 minutes. bama. SPECIAL ORDERS Mr. OLVER. Mr. Speaker, I am sure Mr. Chairman, I yield back the bal- that I am making friends with all of The SPEAKER pro tempore. Under the members of the staff by taking 5 ance of my time. the Speaker’s announced policy of Jan- The CHAIRMAN. The question is on uary 6, 1999, and under a previous order minutes at this hour, including the the amendment offered by the gen- of the House, the following Members Speaker, but since I have stayed here this long, I will take the 5 minutes. tleman from Texas (Mr. PAUL). will be recognized for 5 minutes each. The SPEAKER pro tempore. Under a Mr. Speaker, we are told that this is The question was taken; and the the week that the main business is Chairman announced that the noes ap- previous order of the House, the gen- tleman from Texas (Mr. PAUL) is recog- going to be, for this Congress, is the peared to have it. nized for 5 minutes. final passage of an $800 billion tax cut. Mr. PAUL. Mr. Chairman, I demand a (Mr. PAUL addressed the House. His The Republican leadership says that recorded vote. remarks will appear hereafter in the their tax cut, at least that one which The CHAIRMAN. Pursuant to House Extensions of Remarks.) passed the House of Representatives, is Resolution 263, further proceedings on f for the middle class. But I would like the amendment offered by the gen- The SPEAKER pro tempore. Under a to raise that question. The bill which previous order of the House, the gen- passed the House of Representatives tleman from Texas (Mr. PAUL) will be about 2 weeks ago had the following postponed. tleman from Maine (Mr. ALLEN) is rec- ognized for 5 minutes. features: the 1.25 million taxpayers rep- Mr. DAVIS of Illinois. Mr. Chairman, I rise in resenting the 1 percent wealthiest, (Mr. ALLEN addressed the House. His support of the Payne amendment. richest portion of the population each, remarks will appear hereafter in the on average, got $54,000 of tax reduction. Mr. Chairman, the UN World Food Program Extensions of Remarks.) (WFP) last Tuesday expressed fears of a Those are the 1 percent whose incomes f is more than $300,000 per year. ``worsening humanitarian crisis'' in southern The SPEAKER pro tempore. Under a At the other end of the scale, start- Sudan, resulting from the inability to transport previous order of the House, the gentle- ing from the bottom, from the lowest food to those who need it. This ban has made woman from Maryland (Mrs. MORELLA) income person in this society issuing a most of the region inaccessible to relief agen- is recognized for 5 minutes. tax return, if we took all 95 percent, cies trying to deliver urgent humanitarian as- (Mrs. MORELLA addressed the starting from the lowest income and sistance to some 150,000 people. House. Her remarks will appear here- coming up to an income of $125,000 a after in the Extensions of Remarks.) year, all 95 percent of that population, Mr. Chairman, the funds appropriated by f this amendment which is more than all 120 million would have received 39 The SPEAKER pro tempore. Under a percent of the total tax cut; whereas, $4,000,000 will be used for rehabilitation and previous order of the House, the gen- the 1.25 million, the wealthiest 1.25 economic recovery in areas of Sudan which tleman from New Jersey (Mr. PALLONE) million, or 1 percent, would have re- have endured many hardships due to their re- is recognized for 5 minutes. ceived 45 percent of that total tax re- ligious and political beliefs. These funds will (Mr. PALLONE addressed the House. duction. The 1 percent richest of Amer- help support education, crop growth and other His remarks will appear hereafter in icans got more than all 95 percent of needs necessary for the basic existence of the Extensions of Remarks.) our population whose income is be- these people. f neath 125,000. Mr. Chairman, this is a humane, well The SPEAKER pro tempore. Under a If I may put that in a slightly dif- previous order of the House, the gen- ferent way, if those who may still be thought out, gesture offered by the gentleman tleman from Tennessee (Mr. BRYANT) is watching would consider 100 people, 100 from New Jersey and I urge all Members to recognized for 5 minutes. people, one of whom has income over support this amendment. (Mr. BRYANT addressed the House. $300,000 and consider that we might Mr. CALLAHAN. Mr. Chairman, I His remarks will hereafter appear in have $100 of tax reduction to be able to move that the Committee do now rise. the Extensions of Remarks.) distribute among those 100 people, that The motion was agreed to. f that one person whose income is great- Accordingly, the Committee rose; The SPEAKER pro tempore. Under a er than $300,000 would get $45 of the and the Speaker pro tempore (Mr. previous order of the House, the gen- total of $100 that is available for all tax TANCREDO) having assumed the chair, tleman from California (Mr. SHERMAN) reduction for all Americans. Mr. THORNBERRY, Chairman of the is recognized for 5 minutes. b 2300 Committee of the Whole House on the (Mr. SHERMAN addressed the House. Whereas 95 people, starting at the State of the Union, reported that that His remarks will appear hereafter in Committee, having had under consider- lowest income, up to the persons who the Extensions of Remarks.) might have $125,000 of income, that ation the bill (H.R. 2606) making appro- f priations for foreign operations, export group of 95 people would find that they The SPEAKER pro tempore. Under a were able to receive only a total of $39 financing, and related programs for the previous order of the House, the gen- fiscal year ending September 30, 2000, divided among the 95 of them. tleman from Michigan (Mr. SMITH) is Now, I do not know how many people and for other purposes, had come to no recognized for 5 minutes. resolution thereon. would believe that that was a fair dis- (Mr. SMITH of Michigan addressed f tribution that would suggest that this the House. His remarks will appear tax cut was for the middle class. That REPORT ON H.R. 2670, DEPART- hereafter in the Extensions of Re- is hardly a middle class tax cut. In MENTS OF COMMERCE, JUSTICE, marks.) fact, it is designed to make the already AND STATE, THE JUDICIARY, f rich a great deal richer. And that the AND RELATED AGENCIES APPRO- The SPEAKER pro tempore. Under a middle class, those people between in- PRIATIONS ACT, 2000 previous order of the House, the gen- comes of $20,000 and perhaps $80,000 per Mr. CALLAHAN, from the Com- tleman from Florida (Mr. HASTINGS) is year, would receive $1 or $2 a day, hard- mittee on Appropriations, submitted a recognized for 5 minutes. ly a middle class tax cut. privileged report (Rept. No. 106–283) on (Mr. HASTINGS of Florida addressed But that is only a small part of the the bill (H.R. 2670) making appropria- the House. His remarks will appear story. The rest of the story is what the H6840 CONGRESSIONAL RECORD — HOUSE August 2, 1999 Republican leadership makes impos- SENATE BILL REFERRED 3312. A letter from the Secretary of De- sible if this rich-get-very-much-richer fense, transmitting notification of the ap- A bill of the Senate of the following proval of Lieutenant General John B. Hall, bill were to become law. I forgot to title was taken from the Speaker’s bring the chart that I have here, but I Jr., United States Air Force, and his ad- table and, under the rule, referred as vancement to the grade of lieutenant general will get it because I would like to show follows: on the retired list; to the Committee on the American people what happens on S. 1468. An act to authorize the minting Armed Services. just one issue, and that is the issue of and issuance of Capitol Visitor Center Com- 3313. A letter from the Secretary of De- the Nation’s debt. memorative coins, and for other purposes; to fense, transmitting notification of the ap- If this tax bill is passed, as it was the Committee on Banking and Financial proval of the retirement of Lieutenant Gen- passed in the House of Representatives, Services. eral John A. Dubia, United States Army, and his advancement to the grade of lieutenant then it would be nearly impossible to f reduce the Nation’s debt. Let me show general on the retired list; to the Committee on Armed Services. this chart. This chart shows where the ADJOURNMENT 3314. A letter from the Secretary of De- present $3.7 trillion of debt that is pub- Mr. OLVER. Mr. Speaker, I move fense, transmitting notification of the ap- licly held was created. that the House do now adjourn. proval of the retirement of Lieutenant Gen- The first 38 presidents, from George The motion was agreed to; accord- eral Patrick M. Hughes, United States Army, Washington, our first president, ingly (at 11 o’clock and 3 minutes and his advancement to the grade of lieuten- ant general on the retired list; to the Com- through Mr. Ford, our 38th president, p.m.), under its previous order, the produced $549 billion of debt. President mittee on Armed Services. House adjourned until tomorrow, Tues- 3315. A letter from the Under Secretary for Carter, in his 4 years, created an addi- day, August 3, 1999, at 9 a.m., for morn- Domestic Finance, Department of the Treas- tional $236 billion of debt. President ing hour debates. ury, transmitting the annual report on the Reagan created, in his 8 years, $1.4 tril- f Resolution Funding Corporation for the cal- lion. President Bush, $1.1 trillion, and endar year 1998; to the Committee on Bank- President Clinton, in his almost 7 EXECUTIVE COMMUNICATIONS, ing and Financial Services. years, an additional $472 billion. ETC. 3316. A letter from the Acting Under Sec- f retary, Rural Development, Department of Under clause 8 of rule XII, executive Agriculture, transmitting the Department’s LEAVE OF ABSENCE communications were taken from the final rule—Guaranteed Rural Rental Housing By unanimous consent, leave of ab- Speaker’s table and referred as follows: Program (RIN: 0575–AC14) received June 14, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3303. A letter from the the Director, the Of- sence was granted to: Committee on Banking and Financial Serv- fice of Management and Budget, transmit- Mr. ABERCROMBIE (at the request of ices. ting the cumulative report on rescissions Mr. GEPHARDT) for today on account of 3317. A letter from the President and and deferrals, pursuant to 2 U.S.C. 685(e); (H. official business. Chairman, Export-Import Bank, transmit- Doc. No. 106–108); to the Committee on Ap- Mr. REYES (at the request of Mr. GEP- ting a report involving U.S. exports to propriations and ordered to be printed. China, pursuant to 12 U.S.C. 635(b)(3)(i); to HARDT) for today on account of attend- 3304. A communication from the President the Committee on Banking and Financial ing memorial service for the five sol- of the United States, transmitting a request diers whose plane crashed in Colombia. Services. for emergency supplemental appropriations 3318. A letter from the President and Mrs. CLAYTON (at the request of Mr. for the Department of Defense; (H. Doc. No. Chairman, Export-Import Bank, transmit- GEPHARDT) between 5:00 p.m. and 8:30 106–110); to the Committee on Appropriations ting a report involving U.S. exports to p.m. today on account of official busi- and ordered to be printed. Japan, pursuant to 12 U.S.C. 635(b)(3)(i); to ness. 3305. A letter from the Comptroller, Under the Committee on Banking and Financial Secretary of Defense, transmitting notifica- Mr. BILBRAY (at the request of Mr. Services. tion of a violation of the Antideficiency Act; ARMEY) for today and the balance of 3319. A letter from the Board of Governors, to the Committee on Appropriations. Federal Reserve System, transmitting a re- the week on account of personal rea- 3306. A letter from the Acquisition and sons. port on the profitability of the credit card Technology, Under Secretary of Defense, operations of depository institutions, pursu- Mr. PETERSON of Pennsylvania (at transmitting a report on the Performance of ant to 15 U.S.C. 1637; to the Committee on the request of Mr. ARMEY) for today Commercial Activities for Fiscal Year 1998, Banking and Financial Services. and the balance of the week on account pursuant to 10 U.S.C. 2304 nt.; to the Com- 3320. A letter from the Director, Office of of medical reasons. mittee on Armed Services. Management and Budget, transmitting a re- f 3307. A letter from the Personnel and Read- port on direct spending or receipts legisla- iness, Under Secretary of Defense, transmit- tion; to the Committee on the Budget. SPECIAL ORDERS GRANTED ting the Department’s Defense Manpower 3321. A letter from the Secretary of Edu- By unanimous consent, permission to Requirements Report for FY 2000, pursuant cation, transmitting Final Regulations Cor- to 10 U.S.C. 115(b)(3)(A); to the Committee on address the House, following the legis- rection—Assistance to States for the Edu- Armed Services. cation of Children with Disabilities (RIN: lative program and any special orders 3308. A letter from the Health Affairs, As- 1820–AB40), pursuant to 20 U.S.C. 1232(f); to heretofore entered, was granted to: sistant Secretary of Defense, transmitting a the Committee on Education and the Work- (The following Members (at the re- report on TRICARE Head Injury Policy and force. quest of Mr. OLVER) to revise and ex- Provider Network Adequacy; to the Com- 3322. A letter from the Acting Assistant tend their remarks and include extra- mittee on Armed Services. General Counsel for Regulatory Law, Depart- neous material:) 3309. A letter from the Deputy Secretary of ment of Energy, transmitting a report enti- Mr. ALLEN for 5 minutes, today. Defense, transmitting notification of the de- tled, ‘‘Interface with the Defense Nuclear Fa- cision to waive the limitations for the num- Mr. PALLONE for 5 minutes, today. cilities Safety Board’’; to the Committee on ber of management headquarters and head- Mr. SHERMAN for 5 minutes, today. Commerce. quarters support activities staff in the De- 3323. A letter from the Assistant General Mr. HASTINGS of Florida for 5 min- partment of Defense as of October 1, 1998; to Counsel for Regulatory Law, Department of utes, today. the Committee on Armed Services. Energy, transmitting a report on Conference Mr. OLVER for 5 minutes, today. 3310. A letter from the Secretary of De- Management; to the Committee on Com- (The following Members (at the re- fense, transmitting notification of the ap- merce. quest of Mr. PAUL) to revise and extend proval of the retirement of General Dennis J. 3324. A letter from the Assistant General their remarks and include extraneous Reimer, United States Army, and his ad- Counsel for Regulatory Law, Office of Pro- material:) vancement to the grade of general on the re- curement and Assistance Management, De- Mr. GUTKNECHT for 5 minutes, August tired list; to the Committee on Armed Serv- partment of Energy, transmitting a report 4. ices. regarding Deviations, Local Clauses, Uni- 3311. A letter from the Secretary of De- Mrs. MORELLA for 5 minutes, today. form Contract Format, and Clause Matrix; to fense, transmitting notification that the De- the Committee on Commerce. Mr. BRYANT for 5 minutes, today. partment of Defense intends to obligate up 3325. A letter from the Director, Depart- Mr. MORAN of Kansas for 5 minutes, to $438.4 million in FY 1999 funds to imple- ment of Health and Human Services, trans- August 3. ment the Cooperative Threat Reduction Pro- mitting the NIEHS Report on Health Effects Mr. DEMINT for 5 minutes, August 3. gram under the FY 1999 Department of De- from Exposure to Power-Line Frequency Mr. SMITH of Michigan for 5 minutes, fense Appropriations Act; to the Committee Electric and Magnetic Fields; to the Com- today. on Armed Services. mittee on Commerce. August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6841 3326. A letter from the Director, Office of 2776(c); to the Committee on International 3351. A letter from the Secretary of Labor, Congressional Affairs, Nuclear Regulatory Relations. transmitting the Semiannual Reports of the Commission, transmitting Instruction Con- 3339. A letter from the Assistant Secretary Corporation’s Executive Director and the Of- cerning Prenatal Radiation Exposure; to the for Legislative Affairs, Department of State, fice of Inspector General, respectively, pur- Committee on Commerce. transmitting certification of a proposed suant to 5 U.S.C. app. (Insp. Gen. Act) sec- 3327. A letter from the Director, Office of Manufacturing License Agreement with Ger- tion 5(b); to the Committee on Government Congressional Affairs, Nuclear Regulatory many [Transmittal No. DTC 76–99], pursuant Reform. Commission, transmitting a report on De- to 22 U.S.C. 2776(d); to the Committee on 3352. A letter from the Chairman, Council sign and Fabrication Code Case Accept- International Relations. of the District of Columbia, transmitting a ability, ASME Section III, Division 1; to the 3340. A letter from the Assistant Secretary copy of D.C. ACT 13–87, ‘‘Moratorium on the Committee on Commerce. for Legislative Affairs, Department of State, Issuance of New Retailer’s Licenses Class B 3328. A letter from the Director, Office of transmitting certification of a proposed Temporary Amendment Act of 1999’’ received Congressional Affairs, Nuclear Regulatory Manufacturing License Agreement for the June 18, 1999, pursuant to D.C. Code section Commission, transmitting the Commission’s export of defense services under a contract 1–233(c)(1); to the Committee on Government Management Directive 5.6, ‘‘Integrated Ma- with Italy [DTC 47–99], pursuant to 22 U.S.C. Reform. terials Performance Evaluation Program’’; 2776(d); to the Committee on International 3353. A letter from the Chairman, Council to the Committee on Commerce. Relations. of the District of Columbia, transmitting a 3329. A letter from the Secretary of En- 3341. A letter from the Assistant Secretary copy of D.C. ACT 13–91, ‘‘O Street Wall Res- ergy, transmitting the 1998 Annual Report on for Legislative Affairs, Department of State, toration Temporary Act of 1999’’ received Low-Level Radioactive Waste Management transmitting certification of a proposed June 18, 1999, pursuant to D.C. Code section Progress; to the Committee on Commerce. Manufacturing License Agreement for the 1–233(c)(1); to the Committee on Government 3330. A letter from the Secretary of Health export of defense services under a contract Reform. and Human Services, transmitting a draft of with Canada [Transmittal No. DTC 44–99], 3354. A letter from the Chairman, Council proposed legislation entitled, ‘‘Develop- pursuant to 22 U.S.C. 2776(c); to the Com- of the District of Columbia, transmitting a mental Disabilities Assistance Amendments mittee on International Relations. copy of D.C. ACT 13–86, ‘‘Metropolitan Police of 1999’’; to the Committee on Commerce. 3342. A letter from the Assistant Secretary Department Excepted Service Sworn Em- 3331. A letter from the Director, Defense for Legislative Affairs, Department of State, ployees’ Compensation System Amendment Security Cooperation Agency, transmitting transmitting certification of a proposed Act of 1999’’ received June 18, 1999, pursuant notification concerning the Department of Technical Assistance License Agreement to D.C. Code section 1–233(c)(1); to the Com- the Army’s Proposed Letter(s) of Offer and with Spain [Transmittal No. DTC 77–99], pur- mittee on Government Reform. Acceptance (LOA) to Egypt for defense arti- suant to 22 U.S.C. 2776(d); to the Committee 3355. A letter from the Chairman, Council cles and services (Transmittal No. 99–23), on International Relations. of the District of Columbia, transmitting a pursuant to 22 U.S.C. 2776(b); to the Com- 3343. A letter from the Acting Deputy copy of D.C. ACT 13–82, ‘‘Mount Horeb Plaza mittee on International Relations. Under Secretary (International Programs), Symbolic Street Designation Act of 1999’’ re- 3332. A letter from the Director, Defense Office of the Under Secretary of Defense, ceived June 18, 1999, pursuant to D.C. Code Security Cooperation Agency, transmitting transmitting a copy of Transmittal No. 08–99 section 1–233(c)(1); to the Committee on Gov- notification concerning the Department of which constitutes a Request for Final Ap- ernment Reform. the Army’s Proposed Letter(s) of Offer and proval for the Project Arrangement (PA) be- 3356. A letter from the Chairman, Council Acceptance (LOA) to Egypt for defense arti- tween the U.S. and Sweden concerning the of the District of Columbia, transmitting a cles and services (Transmittal No. 99–22), Foliage Penetration Radar Sensor Project, copy of D.C. Act 13–85, ‘‘Peoples Involvement pursuant to 22 U.S.C. 2776(b); to the Com- pursuant to 22 U.S.C. 2767(f); to the Com- Corporation Equitable Real Property Tax mittee on International Relations. mittee on International Relations. Relief Act of 1999’’ received June 18, 1999, 3333. A letter from the Assistant Secretary 3344. A letter from the Assistant Legal Ad- pursuant to D.C. Code section 1–233(c)(1); to for Legislative Affairs, Department of State, viser for Treaty Affairs, Department of the Committee on Government Reform. transmitting certification of a proposed li- State, transmitting Copies of international 3357. A letter from the Chairman, Council cense for the export of defense articles or de- agreements, other than treaties, entered into of the District of Columbia, transmitting a fense services sold commercially under a by the United States, pursuant to 1 U.S.C. copy of D.C. Act 13–83, ‘‘Lowell School, Inc., contract to Greece [Transmittal No. DTC 81– 112b(a); to the Committee on International Real Property Tax Exemption and Equitable 99], pursuant to 22 U.S.C. 2776(c); to the Com- Relations. Real Property Tax Relief Act of 1999’’ re- mittee on International Relations. 3345. A letter from the Assistant Legal Ad- ceived June 18, 1999, pursuant to D.C. Code 3334. A letter from the Assistant Secretary viser for Treaty Affairs, Department of section 1–233(c)(1); to the Committee on Gov- for Legislative Affairs, Department of State, State, transmitting Copies of international ernment Reform. transmitting certification of a proposed li- agreements, other than treaties, entered into 3358. A letter from the Chairman, Council cense for the export of defense articles or de- by the United States, pursuant to 1 U.S.C. of the District of Columbia, transmitting a fense services sold commercially under a 112b(a); to the Committee on International copy of D.C. Act 13–84, ‘‘Closing and Dedica- contract to Singapore [Transmittal No. DTC Relations. tion of a Public Alley in Square 275, S.O. 95– 82–99], pursuant to 22 U.S.C. 2776(c); to the 3346. A letter from the Assistant Secretary 62, Act of 1999’’ received June 18, 1999, pursu- Committee on International Relations. for Legislative Affairs, Department of State, ant to D.C. Code section 1–233(c)(1); to the 3335. A letter from the Assistant Secretary transmitting notification that effective July Committee on Government Reform. for Legislative Affairs, Department of State, 4, 1999, the 20% danger pay allowance for 3359. A letter from the Federal Co-Chair- transmitting certification of a proposed Central African Republic was eliminated, man, Appalachian Regional Commission, Manufacturing License Agreement with Tur- pursuant to 5 U.S.C. 5928; to the Committee transmitting the semiannual report of the key [Transmittal No. DTC 141–98], pursuant on International Relations. Inspector General for the period October 1, to 22 U.S.C. 2776(d); to the Committee on 3347. A letter from the Assistant Legal Ad- 1998, through March 31, 1999, pursuant to 5 International Relations. viser for Treaty Affairs, Department of U.S.C. app. (Insp. Gen. Act) section 5(b); to 3336. A letter from the Assistant Secretary State, transmitting Copies of international the Committee on Government Reform. for Legislative Affairs, Department of State, agreements, other than treaties, entered into 3360. A letter from the Comptroller Gen- transmitting certification of a proposed li- by the United States, pursuant to 1 U.S.C. eral, transmitting a monthly listing of new cense for the export of defense articles or de- 112b(a); to the Committee on International investigations, audits, and evaluations; to fense services sold commercially under a Relations. the Committee on Government Reform. contract to the United Kingdom [Trans- 3348. A letter from the Assistant Secretary 3361. A letter from the Deputy Director for mittal No. DTC 69–99], pursuant to 22 U.S.C. for Legislative Affairs, Department of State, Support, Personal and Family Readiness Di- 2776(c); to the Committee on International transmitting certification regarding the pro- vision, Department of the Navy, transmit- Relations. posed transfer of major defense equipment to ting the annual report for 1998 of the Retire- 3337. A letter from the Assistant Secretary Germany [Transmittal No. RSAT–1–99]; to ment Plan for Civilian Employees of the for Legislative Affairs, Department of State, the Committee on International Relations. United States Marine Corps Personal and transmitting certification of a proposed 3349. A letter from the Director, Office of Family Readiness Division; to the Com- Manufacturing License Agreement with Can- Personnel Management, transmitting a re- mittee on Government Reform. ada [Transmittal No. DTC 66–99], pursuant to port entitled, ‘‘Physicians Comparability Al- 3362. A letter from the Director, Office of 22 U.S.C. 2776(d); to the Committee on Inter- lowances,’’ pursuant to 5 U.S.C. 5948(j)(1); to Legislative Affairs, Federal Deposit Insur- national Relations. the Committee on Government Reform. ance Corporation, transmitting correction of 3338. A letter from the Assistant Secretary 3350. A letter from the Secretary of Com- an error in the auditor’s opinion section of for Legislative Affairs, Department of State, merce, transmitting the Inspector General’s the Federal Deposit Insurance Corporation’s transmitting certification of a proposed li- semiannual report and the Secretary’s report 1998 Chief Financial Officers Act Report; to cense for the export of defense articles or de- on final action taken on Inspector General the Committee on Government Reform. fense services sold commercially under a audits, pursuant to 5 U.S.C. app. (Insp. Gen. 3363. A letter from the General Accounting contract to the United Kingdom [Trans- Act) section 5(d); to the Committee on Gov- Office, transmitting a list of vacancies; to mittal No. DTC 68–99], pursuant to 22 U.S.C. ernment Reform. the Committee on Government Reform. H6842 CONGRESSIONAL RECORD — HOUSE August 2, 1999 3364. A letter from the Inspector General, transmitting Certification that shrimp har- Trade Act of 1974 with respect to Vietnam; General Services Administration, transmit- vested with technology that may adversely adversely (Rept. 106–282). Referred to the ting the Audit Report Register, including all affect certain species of sea turtles may not Committee of the Whole House on the State financial recommendations, for the period be imported into the United States unless of the Union. ending March 31, 1999, pursuant to 5 U.S.C. the President makes specific certifications Mr. ROGERS: Committee on Appropria- app. (Insp. Gen. Act) section 5(d); to the to the Congress annually by May 1, pursuant tions. H.R. 2670. A bill making appropria- Committee on Government Reform. to Public Law 101–162, section 609(b)(2) (103 tions for the Departments of Commerce, Jus- 3365. A letter from the Treasurer, National Sat. 1038); jointly to the Committees on Ap- tice, and State, the Judiciary, and related Gallery of Art, transmitting the 1998 Annual propriations and Resources. agencies for the fiscal year ending Sep- Report which contains the audited financial 3377. A letter from the Assistant Secretary tember 30, 2000, and for other purposes (Rept. statements for years ended September 30, for Legislative Affairs, Department of State, 106–283). Referred to the Committee of the 1998 and 1997, pursuant to 31 U.S.C. 3512(c)(3); transmitting Certification that shrimp har- Whole House on the State of the Union. to the Committee on Government Reform. vested with technology that may adversely f 3366. A letter from the Secretary of Edu- affect certain species of sea turtles may not cation, transmitting notification that effec- be imported into the United States unless PUBLIC BILLS AND RESOLUTIONS tive February 24, 1999, the Assistant Sec- the President makes specific certifications retary for Elementary and Secondary Edu- to the Congress annually by May 1, pursuant Under clause 2 of rule XII, public cation resigned; to the Committee on Gov- to Public Law 101–162, section 609(b)(2) (103 bills and resolutions were introduced ernment Reform. Sat. 1038); jointly to the Committees on Ap- and severally referred, as follows: 3367. A letter from the Secretary of Trans- propriations and Resources. portation, transmitting the Secretary’s Man- By Mr. ALLEN (for himself, Mr. 3378. A letter from the Secretary of Trans- agement Report on Management Decisions SAXTON, Ms. BALDWIN, Mr. BALDACCI, portation, transmitting the Department’s re- and Final Actions on Office of Inspector Gen- Mr. BARRETT of Wisconsin, Mr. port entitled ‘‘Importing Noncomplying eral Audit Recommendations for the period BONIOR, Mr. CAPUANO, Mr. DAVIS of ending March 31, 1999, pursuant to 31 U.S.C. Motor Vehicles’’ for calendar year 1998, pur- Illinois, Mr. DELAHUNT, Ms. 9106; to the Committee on Government Re- suant to 49 U.S.C. 30169(b); jointly to the DELAURO, Mr. GUTIERREZ, Mr. HIN- form. Committees on Commerce and Ways and CHEY, Mr. INSLEE, Mr. KENNEDY of 3368. A letter from the Acting Assistant Means. Rhode Island, Ms. KILPATRICK, Mrs. Attorney General, Office of Legislative Af- 3379. A letter from the Assistant Secretary MALONEY of New York, Mr. GEORGE fairs, Assistant Attorney General, Office of for Legislative Affairs, Department of State, MILLER of California, Mrs. Justice Programs, transmitting the Office of transmitting the President has issued the de- NAPOLITANO, Mr. NEAL of Massachu- Justice Programs Annual Report for Fiscal termination required to suspend the limita- setts, Mr. OLVER, Mr. QUINN, Mrs. Year 1998, pursuant to 42 U.S.C. 3712(b); to tion on the obligation of FY 1999 State De- ROUKEMA, Mr. RUSH, Mr. SANDERS, the Committee on the Judiciary. partment Appropriations [Presidential De- Ms. SCHAKOWSKY, Mr. STARK, Mr. 3369. A letter from the Chairman, National termination 99–29]; jointly to the Commit- UNDERWOOD, and Mr. VENTO): Gambling Impact Study Commission, trans- tees on International Relations and Appro- H.R. 2667. A bill to amend the Clean Air mitting the Final Report of the National priations. Act to establish requirements concerning the Gambling Impact Study Commission; to the 3380. A letter from the Secretary of Trans- operation of fossil fuel-fired electric utility Committee on the Judiciary. portation, transmitting a draft of proposed steam generating units, commercial and in- 3370. A letter from the Secretary, Naval legislation to amend the Woodrow Wilson dustrial boiler units, solid waste inciner- Sea Cadet Corps, transmitting the Annual Memorial Bridge Authority Act of 1995 to ation units, medical waste incinerators, haz- Audit Report of the Naval Sea Cadet Corps provide advance contract authority for fiscal ardous waste combustors, chlor-alkali for the fiscal year ending 31 December 1998, years 2004 through 2007; jointly to the Com- plants, and Portland cement plants to reduce pursuant to 36 U.S.C. 1101(39) and 1103; to the mittees on Transportation and Infrastruc- emissions of mercury to the environment, Committee on the Judiciary. ture and Ways and Means. and for other purposes; to the Committee on 3371. A letter from the Attorney General, f Commerce. State of South Carolina, transmitting a cer- By Mr. THOMAS (for himself, Mr. NEY, tified copy of the 1996 South Carolina legisla- REPORTS OF COMMITTEES ON Mr. BOEHNER, Mr. EHLERS, Mr. MICA, tion which, along with Georgia’s 1994 legisla- PUBLIC BILLS AND RESOLUTIONS and Mr. EWING): tion, forms the basis for an interstate com- H.R. 2668. A bill to amend the Federal Elec- pact pursuant to Article IV, Section 10 of the Under clause 2 of rule XIII, reports of tion Campaign Act of 1971 to reform the fi- United States Constitution; to the Com- committees were delivered to the Clerk nancing of campaigns for election for Fed- mittee on the Judiciary. for printing and reference to the proper eral office, and for other purposes; to the 3372. A letter from the Secretary of Trans- calendar, as follows: portation, transmitting a draft of proposed Committee on House Administration. legislation to amend title 49, United States Mr. TALENT: Committee on Small Busi- By Mr. SAXTON: Code, to revise and clarify the definition of ness. H.R. 2614. A bill to amend the Small H.R. 2669. A bill to reauthorize the Coastal ‘‘public aircraft’’; to the Committee on Business Investment Act to make improve- Zone Management Act of 1972, and for other Transportation and Infrastructure. ments to the certified development company purposes; to the Committee on Resources. 3373. A letter from the the Assistant Sec- program, and for other purposes (Rept. 106– By Mr. ROGERS: retary for Legislative Affairs, the Depart- 278). Referred to the Committee on the H.R. 2670. A bill making appropriations for ment of State, transmitting notification Whole House on the State of the Union. the Departments of Commerce, Justice, and that the President has issued the required Mr. TALENT: Committee on Small Busi- State, the Judiciary, and related agencies for determination necessary to continue normal ness. H.R. 2615. A bill to amend the Small the fiscal year ending September 30, 2000, and trade relations with the People’s Republic of Business Act to make improvements to the for other purposes. China [Presidential Determination No. 99– general business loan program, and for other By Mr. BARRETT of Nebraska: 28], pursuant to 19 U.S.C. 2432(c) and (d); (H. purposes (Rept. 106–279). Referred to the H.R. 2671. A bill to provide for the Yankton Doc. No. 106–107); to the Committee on Ways Committee of the Whole House on the State Sioux Tribe and the Santee Sioux Tribe of and Means and ordered to be printed. of the Union. Nebraska certain benefits of the Missouri 3374. A letter from the Chief, Regulations Mr. REYNOLDS: Committee on Rules. River Basin Pick-Sloan project, and for Unit, Internal Revenue Service, transmitting House Resolution 271. Resolution providing other purposes; to the Committee on Re- the Market Segment Specialization Program for the consideration of the bill (H.R. 987) to sources. Audit Techniques Guide—Low-Income Hous- require the Secretary of Labor to wait for By Mr. ETHERIDGE (for himself, Mr. ing Credit; to the Committee on Ways and completion of a National Academy of SKELTON, Mr. MCINTYRE, Mrs. CLAY- Means. Sciences study before promulgating a stand- TON, Mr. WU, Mr. STUPAK, Mr. WYNN, 3375. A letter from the Secretary of Agri- ard or guideline on ergonomics (Rept. 106– Mr. JOHN, Mr. GREEN of Texas, Mr. culture, Secretary of the Army, transmitting 280). Referred to the House Calendar. MATSUI, Mr. BECERRA, Mr. BOYD, Mr. notification of the intention of the Depart- Mr. GOSS: Committee on Rules. House PRICE of North Carolina, Mr. DOOLEY ments of the Army and Agriculture to inter- Resolution 272. Resolution providing for con- of California, Mr. BISHOP, Mr. UDALL change jurisdiction of civil works and Forest sideration of the bill (H.R. 2031) to provide of New Mexico, Mrs. TAUSCHER, Mr. Service acquired lands and interests in lands for injunctive relief in Federal district court SPRATT, Mr. GEORGE MILLER of Cali- at the Willow Island Locks and Dam naviga- to enforce State laws relating to the inter- fornia, Mr. ANDREWS, Mr. GOODE, Mr. tion project, adjacent to the Wayne National state transportation of intoxicating liquor HANSEN, Mr. BALDACCI, Mr. KAN- Forest in the State of Ohio, pursuant to 16 (Rept. 106–281). Referred to the House Cal- JORSKI, Mr. WATT of North Carolina, U.S.C. 505a; jointly to the Committees on endar. Mr. DICKS, Mr. SMITH of Washington, Agriculture and Transportation and Infra- Mr. ARCHER: Committee on Ways and Mr. TURNER, Mr. TAYLOR of Mis- structure. Means. House Joint Resolution 58. Resolu- sissippi, Mr. BERRY, Mr. SHOWS, Mr. 3376. A letter from the Assistant Secretary tion disapproving the extension of the waiver CONDIT, Mr. LUCAS of Kentucky, Mr. for Legislative Affairs, Department of State, authority contained in section 402(c) of the PHELPS, Ms. DANNER, Ms. SLAUGHTER, August 2, 1999 CONGRESSIONAL RECORD — HOUSE H6843

Mr. HILL of Indiana, Mr. THOMPSON of resolution similar to this resolution; to the H.R. 1604: Ms. WOOLSEY. Mississippi, Mr. HALL of Texas, Mr. Committee on Education and the Workforce. H.R. 1631: Mr. FATTAH. PICKERING, Mr. THUNE, Mr. TERRY, 176. Also, a memorial of the House of Rep- H.R. 1684: Ms. MCKINNEY. Mr. JONES of North Carolina, Mr. resentatives of the State of Alabama, rel- H.R. 1693: Mr. ARCHER and Mr. ALLEN. TOWNS, Mr. ADERHOLT, and Mrs. ative to House Joint Resolution No. 178 me- H.R. 1747: Mr. CHAMBLISS. MALONEY of New York): morializing Congress to enact legislation H.R. 1777: Ms. RIVERS. H.R. 2672. A bill to authorize the President amending the Social Security Act to pro- H.R. 1816: Mr. MCGOVERN. to award a gold medal on behalf of the Con- hibit recoupment by the federal government H.R. 1917: Mr. BAIRD, Mr. HILLIARD, Mr. gress to General Henry H. Shelton and to of state tobacco settlement funds; to the PALLONE, Mr. MASCARA, Mrs. EMERSON, Mr. provide for the production of bronze dupli- Committee on Commerce. GREEN of Texas, and Mr. STARK. cates of such medal for sale to the public; to 177. Also, a memorial of the Senate of the H.R. 1932: Mr. PALLONE, Ms. BALDWIN, Mr. the Committee on Banking and Financial State of Illinois, relative to Senate Resolu- BECERRA, Mr. BRADY of Pennsylvania, Mr. Services. tion No. 138 memorializing President Clin- DAVIS of Florida, Mr. EVANS, Mr. GOODE, Mr. By Mr. GEJDENSON (for himself, Mr. ton’s commitment to undertake significant KLECZKA, Mr. PETERSON of Minnesota, Mr. KUCINICH, Mr. HILLIARD, Ms. LEE, efforts in order to promote substantial SERRANO, Ms. SLAUGHTER, and Mr. STARK. Mrs. CHRISTENSEN, Mr. MALONEY of progress towards a solution to the Cyprus H.R. 1933: Mr. DUNCAN and Mr. STUMP. Connecticut, Mr. WU, Mr. ETHERIDGE, problem in 1999; to the Committee on Inter- H.R. 1999: Mr. MCNULTY and Mr. OWENS. Ms. JACKSON-LEE of Texas, Ms. national Relations. H.R. 2030: Mr. MOAKLEY and Mr. CAPUANO. MILLENDER-MCDONALD, Mr. SCOTT, 178. Also, a memorial of the Legislature of H.R. 2120: Mr. ORTIZ, Mr. BARCIA, and Mr. and Mr. MCGOVERN): the State of Missouri, relative to House GOODLATTE. H.R. 2673. A bill to provide training to pro- Joint Resolution No. 26 memorializing the H.R. 2121: Mr. SCOTT, Ms. JACKSON-LEE of fessionals who work with children affected current federal government policies on na- Texas, and Mr. KNOLLENBERG. by violence, to provide for violence preven- tional forest road closures and obliteration H.R. 2265: Mr. OBERSTAR and Mr. BERMAN. tion, and for other purposes; to the Com- be suspended and that Congress reaffirm its H.R. 2288: Mr. WATTS of Oklahoma. mittee on Education and the Workforce. directives that forest lands be managed in H.R. 2303: Ms. KAPTUR, Mr. MCDERMOTT, By Mr. PAUL: accordance with forest plans that provide for Mr. POMBO, Mr. DICKS, and Mr. REYNOLDS. H.R. 2674. A bill providing for conveyance multiple-use management; jointly to the H.R. 2314: Mr. FORD. of the Palmetto Bend project to the State of Committees on Agriculture and Resources. H.R. 2337: Mr. GIBBONS, Mr. COBURN, and Texas; to the Committee on Resources. f Mr. SUNUNU. By Mr. RADANOVICH (for himself, Mr. H.R. 2351: Ms. SCHAKOWSKY and Ms. LEE. POMBO, Mr. OSE, and Mr. HASTINGS of ADDITIONAL SPONSORS H.R. 2405: Ms. SCHAKOWSKY and Mr. SHAYS. Washington): H.R. 2418: Mr. DEFAZIO, Mr. BAKER, Mr. H.R. 2675. A bill to amend the Workforce Under clause 7 of rule XII, sponsors CUNNINGHAM, Mr. COOKSEY, Mr. HINCHEY, Mr. Investment Act of 1998 to provide increased were added to public bills and resolu- ROMERO-BARCELO, and Mr. COBURN. flexibility for the transfer of within state al- tions as follows: H.R. 2436: Mr. FLETCHER, Mr. RYAN of Wis- locations between adult and disclocated H.R. 82: Mr. LEWIS of Georgia, Mr. consin, Mr. SKIMKUS, and Mr. HUNTER. worker employment and training activities; BALDACCI, and Mrs. MORELLA. H.R. 2494: Mr. TANCREDO and Mr. SENSEN- to the Committee on Education and the H.R. 269: Mrs. MEEK of Florida. BRENNER. Workforce. H.R. 306: Mr. UDALL of New Mexico. H.R. 2529: Mr. WAMP. By Ms. RIVERS: H.R. 323: Mr. SMITH of Washington. H.R. 2538: Ms. LEE, Mr. WU, and Mr. H.R. 2676. A bill to amend the Solid Waste H.R. 355: Mr. MCHUGH and Mr. UDALL of WEXLER. Disposal Act to require a refund value for Colorado. H.R. 2568: Mr. HILL of Montana. certain beverage containers, to provide re- H.R. 357: Mr. KOLBE. H.R. 2584: Mr. LAZIO. sources for State pollution prevention and H.R. 372: Mr. FILNER, Ms. JACKSON-LEE of H.R. 2612: Mr. RAHALL. recycling programs, and for other purposes; Texas, and Mr. LUCAS of Kentucky. H.R. 2618: Mr. GILLMOR, Mr. SHOWS, and Ms. to the Committee on Commerce. H.R. 488: Mr. RUSH. JACKSON-LEE of Texas. H.R. 2677. A bill to amend the Communica- H.R. 557: Mr. SISISKY and Mr. GOODLATTEE. H.R. 2639: Mr. SIMPSON and Mr. MILLER of tions Act of 1934 to require telephone car- H.R. 559: Mr. BLAGOJEVICH. Florida. riers to completely and accurately itemize H.R. 625: Mr. COOK. H.J. Res. 55: Mr. GIBBONS. charges and taxes collected with telephone H.R. 728: Mr. LINDER. H. Con. Res. 30: Mr. ISAKSON. bills; to the Committee on Commerce. H.R. 731: Mr. WU and Mr. WEXLER. H. Con. Res. 38: Mr. NADLER. By Mr. GILMAN (for himself and Mr. H.R. 750: Mr. ENGEL. H. Con. Res. 77: Mr. KUYKENDALL. MICA): H.R. 815: Ms. ROS-LEHTINEN. H. Con. Res. 80: Mr. BOEHLERT, Mr. DAVIS H. Con. Res. 169. Concurrent resolution ex- of Virginia, Mr. DELAHUNT, Mr. HOYER, Mr. pressing United States policy toward Roma- H.R. 860: Mr. DEUTSCH. H.R. 900: Mr. BAIRD. LAZIO, Mr. KENNEDY of Rhode Island, Mr. nia; to the Committee on International Rela- GUTKNECHT, Mr. COOK, Mr. DREIER, Mr. tions. H.R. 960: Mr. HALL of Ohio and Mr. ROTH- MAN. LEWIS of Georgia, and Mr. GEPHARDT. H. Con. Res. 170. Concurrent resolution ex- H. Con. Res. 100: Mr. GEJDENSON, Mr. pressing United States policy toward the Re- H.R. 961: Mr. WEYGAND and Mr. FALEOMAVAEGA. HOLDEN, Mrs. THURMAN, Mr. COSTELLO, Mr. public of Bulgaria; to the Committee on SCOTT, Mr. ALLEN, Mr. BILBRAY, Mr. BACHUS, International Relations. H.R. 1068: Mr. HASTINGS of Florida. H.R. 1111: Mr. WATTS of Oklahoma, Mr. Ms. STABENOW, Mr. SANFORD, Mrs. MEEK of f MCHUGH, Mr. ACKERMAN, and Mrs. THURMAN. Florida, Mr. DREIER, Mr. DAVIS of Virginia, MEMORIALS H.R. 1115: Mr. BROWN of Ohio, Mr. BONILLA, Ms. DEGETTE, Mr. COOK, Mr. HOYER, and Mr. Mr. GOODLING, Mr. CAMP, and Mr. BARRETT of PRICE of North Carolina. Under clause 3 of rule XII, memorials Wisconsin. H. Con. Res. 159: Mr. FOLEY, Mr. MASCARA, were presented and referred as follows: H.R. 1187: Mr. WALDEN of Oregon. Mr. GEJDENSON, Mrs. MYRICK, Mrs. THURMAN, 174. The SPEAKER presented a memorial H.R. 1195: Mr. PRICE of North Carolina. Mr. SCOTT, Mr. BACHUS, Mr. SANFORD, Mrs. of the Legislature of the State of Maryland, H.R. 1274: Mr. INSLEE, Ms. LOFGREN, and MEEK of Florida, Ms. DEGETTE, and Mr. relative to Senate Joint Resolution No. 7 Mrs. TAUSCHER. MCNULTY. memorializing Congress to amend the Em- H.R. 1300: Mr. SANDERS, Mr. MASCARA, and H. Res. 224: Mr. SKELTON, Mr. BUYER, Mr. ployment Retirement Income Security Act Mr. MCGOVERN. PASTOR, Mr. WATKINS, Mr. OSE, Mr. LEWIS of of 1974 to authorize each state to monitor H.R. 1381: Mr. KNOLLENBERG. Kentucky, Mr. FROST, and Mr. GILLMOR. and to regulate self-funded employer-based H.R. 1388: Mr. SABO, Mr. DELAY, and Mr. H. Res. 267: Mr. GUTKNECHT, Mr. GREEN of health plans and to make a specific amend- DEUTSCH. Wisconsin, Mr. COOK, Mr. EHLERS, Mrs. ment to the ERISA; urging other state legis- H.R. 1414: Mr. LEWIS of Georgia. CAPPS, Ms. JACKSON-LEE of Texas, and Mr. latures to enact a resolution similar to this H.R. 1482: Mr. FORD. KUYKENDALL. resolution; to the Committee on Education H.R. 1488: Ms. RIVERS, Mrs. CHRISTENSEN, f and the Workforce. and Mr. QUINN. 175. Also, a memorial of the Legislature of H.R. 1497: Mr. BARRETT of Wisconsin. PETITIONS, ETC. the State of Maryland, relative to House H.R. 1579: Mr. KIND, Ms. JACKSON-LEE of Under clause 3 of rule XII, petitions Joint Resolution No. 8 memorializing Con- Texas, Mr. SKELTON, Mr. HULSHOF, Mr. FARR gress to amend the Employment Retirement of California, Mr. TURNER, Mr. MOORE, Mr. and papers were laid on the clerk’s Income Security Act of 1974 to authorize HYDE, Mr. FILNER, Mr. KASICH, Ms. BALDWIN, desk and referred as follows: each state to monitor and to regulate self- Mr. SCOTT, Ms. LOFGREN, Mr. SMITH of Texas, 41. The SPEAKER presented a petition of funded employer-based health plans and to Mr. SMITH of Washington, and Mr. SHAYS. the Berea City Counsel, relative to Resolu- make a specific amendment to the ERISA; H.R. 1592: Mr. SMITH of Texas, Mr. HEFLEY, tion No. 99–28 petitioning support for the urging other state legislatures to enact a Mr. EHRLICH, and Mr. STUPAK. ratification, by the United States, of the H6844 CONGRESSIONAL RECORD — HOUSE August 2, 1999 United Nations convention on the elimi- ‘‘SEC. 3. GENERAL PROVISIONS. Page 6, after line 9, insert the following nation of all forms of discrimination against ‘‘(a) EFFECT ON INTERNET TAX FREEDOM (and make such technical and conforming women; to the Committee on International ACT.—Nothing in this Act may be construed changes as may be appropriate): Relations. to modify or supersede the operation of the ‘‘SEC. 3. REQUIRED MARKING OF CERTAIN CON- 42. Also, a petition of Anthony Ray Wright, Internet Tax Freedom Act (47 U.S.C. 151 TAINERS BY SELLERS OF INTOXI- relative to a request for impeachment of a note). CATING LIQUOR. Baton Rouge, LA. U.S. District Court Judge ‘‘(b) ENFORCEMENT OF TWENTY-FIRST ‘‘(a) CONTAINERS FOR DELIVERY OF INTOXI- Frank J. Polozola; to the Committee on the AMENDMENT.—It is the purpose of this Act to CATING LIQUOR.—It shall be unlawful for a Judiciary. assist the States in the enforcement of sec- seller of intoxicating liquor to deliver such f tion 2 of the twenty-first article of amend- liquor in interstate commerce to the pur- ment to the Constitution of the United chaser of such liquor if the outermost con- DISCHARGE PETITIONS— States, and in no way to impose an imper- tainer of such liquor is not clearly marked to ADDITIONS OR DELETIONS missible burden on interstate commerce in identify that such liquor is contained within. violation of in article I, section 8, of the Con- ‘‘(b) PENALTY.—Whoever violates para- The following Members added their stitution of the United States. No State may graph (1) shall be liable for a fine of $1,000.’’. names to the following discharge peti- enforce under this Act a law regulating the H.R. 2031 tions. importation or transportation of any intoxi- OFFERED BY: MS. JACKSON-LEE OF TEXAS Petition 3 by Mr. DINGELL on House Reso- cating liquor that has the purpose or effect AMENDMENT NO. 4: Page 6, line 9, strike the lution 197: Michael P. Forbes and Chet Ed- of discriminating against interstate com- close quotation marks and the period at the wards. merce by out-of-State sellers. ‘‘(c) SUPPORT FOR INTERNET AND OTHER end. Petition 4 by Ms. DEGETTE on House Res- Page 6, after line 9, insert the following olution 192: Rod R. Blagojevich, Peter INTERSTATE COMMERCE.—Nothing in this Act (and make such technical and conforming Deutsch, Elijah E. Cummings, Eliot L. may be construed— changes as may be appropriate): Engel, Gregory W. Meeks, Gary L. Acker- ‘‘(1) to permit the impairment of interstate man, Calvin M. Dooley, and John Lewis. telecommunications or any other related in- ‘‘SEC. 3. REQUIREMENTS APPLICABLE TO CER- strumentality of interstate commerce, in- TAIN CARRIERS IN CONNECTION f cluding the Internet; or WITH DELIVERY OF INTOXICATING ‘‘(2) to authorize any injunction against— LIQUOR TO A PLACE OF RESIDENCE. AMENDMENTS ‘‘(A) an interactive computer service (as ‘‘(a) DELIVERY OF INTOXICATING LIQUOR BY Under clause 8 of rule XVII, proposed defined in section 230(f) of the Communica- NONGOVERNMENTAL CARRIERS FOR HIRE.—It amendments were submitted as fol- tions Act of 1934 (47 U.S.C. 230(f)); or shall be unlawful for a nongovernmental car- rier for hire to knowingly deliver a container lows: ‘‘(B) electronic communication service (as defined in section 2510(15) of title 18 of the transported in interstate commerce that Commerce, Justice, State, and Judiciary United States Code). contains intoxicating liquor to a place of res- Appropriations, 2000 idence of any kind if such carrier fails to ob- H.R. 2031 OFFERED BY: MR. VISCLOSKY tain the signature of the individual to whom OFFERED BY: MR. GOODLATTE AMENDMENT NO. 2: At the end of the bill, such container is addressed. before the short title, insert the following: AMENDMENT NO. 2: Page 6, line 9, strike the ‘‘(b) PENALTY.—Whoever violates para- close quotation marks and the period at the SEC. . None of the funds appropriated graph (1) shall be liable for a fine of $500.’’. in this Act may be used to negotiate or oth- end. H.R. 2031 Page 6, after line 9, insert the following: erwise enter into any suspension agreement FFERED Y S ACKSON EE OF EXAS ULES OF CONSTRUCTION.—(1) Subject O B M . J -L T under section 734 of the Tariff Act of 1930, ‘‘(f) R to paragraph (2), this section shall be con- AMENDMENT NO. 5: At the end of the bill, with respect to any of the following cat- strued only to extend the jurisdiction of Fed- add the following: egories of steel products: semifinished, eral courts to enforce State law that is valid plates, sheets and strips, wire rods, wire and SEC. 4. SENSE OF THE CONGRESS. as an exercise of power vested in the States— wire products, rail type products, bars, It is the sense of the Congress that the ‘‘(A) under the twenty-first article of structural shapes and units, pipes and tubes, States should enact laws to require— amendment to the Constitution of the iron ore, and coke products. (1) sellers of intoxicating liquor in con- United States as such article of amendment tainers to deliver to purchasers such liquor Commerce, Justice, State, and Judiciary is interpreted by the Supreme Court of the in outermost containers that are clearly Appropriations, 2000 United States; or marked to identify that such liquor is con- OFFERED BY: MR. VISCLOSKY ‘‘(B) under the first section of this Act; tained within; and AMENDMENT NO. 3: At the end of the bill, but shall not be construed to grant to States (2) nongovernmental carriers for hire that before the short title, insert the following: any additional power. knowingly deliver containers that contain SEC. . None of the funds appropriated ‘‘(2) This section shall not be construed— intoxicating liquor to any kind of place of in this Act may be used to implement or con- ‘‘(A) to modify or supersede the operation residence— tinue in effect any suspension agreement of the Internet Tax Freedom Act (47 U.S.C. (A) to obtain the signatures of the individ- under section 734 of the Tariff Act of 1930, or 151 note); or uals to whom such containers are addressed; to negotiate or otherwise enter into any sus- ‘‘(B) to permit the commencement of an and pension agreement under section 734 of the action under subsection (b) of this section (B) to obtain reasonable proof that the in- Tariff Act of 1930, with respect to any of the against— dividuals to whom such containers are ad- following categories of steel products: semi- ‘‘(i) an interactive computer service (as de- dressed are not less than 21 years of age. fined in section 230(f) of the Communications finished, plates, sheets and strips, wire rods, H.R. 2606 wire and wire products, rail type products, Act of 1934 (47 U.S.C. 230(f)); or OFFERED BY: MR. KUCINICH bars, structural shapes and units, pipes and ‘‘(ii) an electronic communication service tubes, iron ore, and coke products. (as defined in section 2510(15) of title 18 of AMENDMENT NO. 24: At the end of the bill, the United States Code); insert after the last section (preceding the H.R. 2031 used by another person to engage in any ac- short title) the following new section: OFFERED BY: MR. COX tivity that is subject to this Act.’’. SEC. ll. None of the funds made available AMENDMENT NO. 1: Page 6, line 9, strike the in this Act may be used by the Overseas Pri- H.R. 2031 close quotation marks and the period at the vate Investment Corporation for any cat- end. OFFERED BY: MS. JACKSON-LEE OF TEXAS egory A Investment Fund project, as listed AMENDMENT NO. 3: Page 6, line 9, strike the in Appendix E, Category A Projects, of the Page 6, after line 9, insert the following: close quotation marks and the period at the Corporation’s Environmental Handbook of end. April 1999.