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

Vol. 143 WASHINGTON, FRIDAY, OCTOBER 31, 1997 No. 150 House of Representatives The House met at 9 a.m. and was Mr. BROWN of Ohio led the Pledge of ANNOUNCEMENT BY THE SPEAKER called to order by the Speaker pro tem- Allegiance as follows: PRO TEMPORE pore [Mr. SHIMKUS]. I pledge allegiance to the Flag of the The SPEAKER pro tempore. The f United States of America, and to the Repub- Chair will now entertain five 1-minutes DESIGNATION OF THE SPEAKER lic for which it stands, one nation under God, from each side. indivisible, with liberty and justice for all. PRO TEMPORE f The SPEAKER pro tempore laid be- f OPPOSE PRESIDENT’S PLAN ON fore the House the following commu- NATIONAL TESTING nication from the Speaker: MESSAGE FROM THE SENATE (Mr. GIBBONS asked and was given WASHINGTON, DC, October 31, 1997. A message from the Senate by Mr. permission to address the House for 1 I hereby designate the Honorable JOHN Lundregan, one of its clerks, an- minute and to revise and extend his re- SHIMKUS to act as Speaker pro tempore on nounced that the Senate had passed marks.) this day. without amendment a concurrent reso- Mr. GIBBONS. Mr. Speaker, today is NEWT GINGRICH, Halloween, so let me begin with the Speaker of the House of Representatives. lution of the House of the following title: first liberal horror story of the day. f Our education liberals have come up PRAYER H. Con. Res. 167. Concurrent resolution to with another expensive solution for our correct a technical error in the enrollment of failing public school system. That is The Chaplain, Reverend James David H.R. 2160. right. They want to use more of your Ford, D.D., offered the following pray- taxpayer dollars to design and imple- er: The message also announced that the ment a national testing plan. Your spirit, O God, that is new every Senate agrees to the report of the com- While all parents, including all of us, morning and with us until our last day, mittee of conference on the disagreeing want to monitor the progress of our comes to us as a gentle wind blowing votes of the two Houses on the amend- children in school, we do not want away all our faults and shortcomings ment of the Senate to the bill (H.R. Washington bureaucrats creating more and giving us a new beginning and new 2160) ‘‘An Act making appropriations redtape through a national testing hope. In spite of all the sadness and for Agriculture, Rural Development, plan. Let us tackle our national edu- disappointments that enter our lives, Food and Drug Administration, and cation problems by sending the re- Your grace is sufficient for our needs Related Agencies programs for the fis- sources and dollars where they will do and Your love is a balm unto our souls. cal year ending September 30, 1998, and some good, to the local school dis- May Your blessing, gracious God, that for other purposes.’’ tricts, down into classrooms, where refreshes and makes us whole, be with The message also announced that the teachers and parents can apply those us now and evermore, we pray. Amen. Senate had passed with amendments in resources to teaching children, not lin- f which the concurrence of the House is requested, a bill of the House of the fol- ing the pockets of Washington bureau- THE JOURNAL lowing title: crats. It is easy as all that. The SPEAKER pro tempore (Mr. I urge my colleagues to oppose the H.R. 672. An act to make technical amend- President’s plan on national testing. SHIMKUS). The Chair has examined the ments to certain provisions of title 17, Unit- This body should concentrate on in- Journal of the last day’s proceedings ed States Code. and announces to the House his ap- creasing parental choice and involve- proval thereof. The message also announced that the ment, not national testing. Pursuant to clause 1, rule I, the Jour- Senate had passed bills of the following f nal stands approved. titles, in which the concurrence of the FEDERAL INVESTIGATION INTO f House is requested: UNION PACIFIC PLEDGE OF ALLEGIANCE S. 1024. An act to make chapter 12 of title 11 of the United States Code permanent, and (Mr. SKELTON asked and was given The SPEAKER pro tempore. Will the for other purposes; and permission to address the House for 1 gentleman from Ohio [Mr. BROWN] S. 1149. An act to amend title 11, United minute.) come forward and lead the House in the States Code, to provide for increased edu- Mr. SKELTON. Mr. Speaker, the lead Pledge of Allegiance. cation funding, and for other purposes. story on the radio last evening was the

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.

H9803 H9804 CONGRESSIONAL RECORD — HOUSE October 31, 1997 fact that there will be a Federal inves- trust the Federal Government. Poll- So let us do our job. Let us do the job tigation into the Union Pacific because sters keep trying to figure it out. I be- we were hired to do by the American of its merger and the fact that the em- lieve it is not all that complicated. people. Let us debate this issue. Let us ployees of Union Pacific are under such In my opinion, the American people pass a tough, comprehensive campaign stress and fatigue because of the in growing numbers do not trust the finance reform bill. Mr. Speaker, we downsizing. Federal Government because many must not adjourn this Congress until Let me point out that, as a result of Americans believe that the Federal we have done our job. testimony and actually visiting with Government does not always tell the f young people in uniform of all services, truth. The pollsters can constipate all there are stretches and strains and fa- they want over this issue. This is no PARENTS NEED MORE CHOICE IN tigue. The veterans of America under- brain surgery. It is very simple. No PUBLIC SCHOOLS stand this. The military retirees of truth, no trust. Trust and truth are in- (Mr. ROGAN asked and was given America understand this. The parents separable. permission to address the House for 1 of the young people understand this. I yield back Waco, Ruby Ridge, Pan minute and to revise and extend his re- So let us not forget those young peo- Am 103, and Camelot. marks.) ple today who are in uniform defending f Mr. ROGAN. Mr. Speaker, the next America’s interest regardless of wheth- ‘‘PORKER OF THE WEEK’’ AWARD time those opponents of parental er they be here in the continental Unit- choice in education on the other side (Mr. HEFLEY asked and was given ed States or ashore somewhere else, argue that the Federal Government permission to address the House for 1 the stresses and strains under which should be running our public schools minute.) instead of giving parents more local they exist. Let us give them a word of Mr. HEFLEY. Mr. Speaker, those re- control, I hope that they will consider encouragement, a word of thanks. Be- designed $50 bills are hot off the Bu- these recently released facts. cause they are a national treasure. reau of Printing and Engraving presses. Last year, new rigorous exams were f But what are we going to do with the given to 130,000 elementary school chil- more than $217 million in printing er- WHAT A-PLUS ACCOUNTS ARE dren. The performance results were dis- rors? That is right, many bills were re- REALLY ABOUT mal. Only 39 percent of 8th graders and jected by the Federal Reserve because (Mr. GUTKNECHT asked and was 33 percent of 4th graders had any kind the fine concentric lines surrounding given permission to address the House of basic understanding in reading and the portrait of Ulysses S. Grant were for 1 minute.) writing. New reports also show that 75 broken. This may seem like a minor Mr. GUTKNECHT. Mr. Speaker, it is flaw to some, but it is a major problem percent of American college students against the House rules to question the because the Treasury spent $15 million are struggling with high school-level motives of other Members. But in the on an international education cam- math. One textbook expert said, last several days, we heard our Demo- paign touting the lines as a special fea- ‘‘There is no question that every time cratic colleagues saying that the rea- ture added to thwart counterfeiters. we adopt a textbook, the reading level son we want to pass A-Plus accounts is Most likely the only option for the of the book is lower than the last.’’ to harm public education. Does any- Treasury Department is to destroy the Yesterday, the Washington Times did body really believe that? flawed notes and start over. This will an editorial that hit the nail directly Eighty-eight percent of America’s cost the taxpayers at least $16.3 mil- on the head. They said that, ‘‘Phonics schoolchildren attend public schools. I lion, $8.7 million for the misprinted is out, whole language is in, spelling went to public schools my entire life. bills, $360,000 to destroy them, and $7.2 primers and spelling bees are passe, in- Two of my children graduated from million to reprint them. vented spelling is the vogue. Self-es- public schools. I believe in public If that is not bad enough, the Bureau teem reigns supreme. The education es- schools. What A-Plus accounts are of Printing and Engraving most re- tablishment, the bureaucrats, and the really about is giving the same kinds of cently purchased $50 million in print- unions still reject rigorous teaching of choices to poor families, like those ing equipment that it did not install in a rigorous curriculum in favor of the here in Washington DC, that wealthier its Washington facility because they feel-good fuzziness that got us into this families have all across America. What would have to have major renovation mess in the first place.’’ is wrong with giving American fami- at that facility. Mr. Speaker, we will never correct lies, American schoolchildren choices? The Bureau of Printing and Engrav- this deficiency until parents, and not That is what this is all about. It is ing gets my ‘‘Porker of the Week’’ Washington bureaucrats, have the say about who decides. award. in the education of our precious chil- Some of our Democratic friends f dren. wanted to have bigger bureaucracies f here in Washington. They want more of STILL NO DEBATE ON CAMPAIGN SENATOR BOB DOLE SHOULD EX- the decisions made in Washington. But FINANCE SYSTEM PLAIN HIS INVOLVEMENT WITH look at the Washington schools them- (Mr. LUTHER asked and was given CHILE selves. We are spending over $10,000 per permission to address the House for 1 student per year on the schools here in minute and to revise and extend his re- (Mr. BROWN of Ohio asked and was Washington, and they are arguably marks.) given permission to address the House among the worst schools in the coun- Mr. LUTHER. Mr. Speaker, here we for 1 minute.) try. are today, with only a week or two left Mr. BROWN of Ohio. Mr. Speaker, What we want to do is allow those before the scheduled planned adjourn- Legal Times this week reports how Bob parents, whether in Washington, DC, or ment of the House, and still no debate Dole has gone to great lengths to avoid Baltimore or Minneapolis, to have the has occurred on cleaning up our cam- having to register as a lobbyist or file same kinds of choices that the wealthy paign finance system in this country. as a foreign agent. The fact is Senator people have. One of the big arguments used Dole is clearly working on behalf of f around here to have business as usual Chilean interests against United States and to do nothing is that people do not salmon farmers in a trade dispute. He AMERICANS DO NOT TRUST care, it is not being demanded by the has visited salmon farmers in Chile, FEDERAL GOVERNMENT American people. Well, let us get it met with the President in Chile, and (Mr. TRAFICANT asked and was straight. The American people hired us met with the Foreign Minister of Chile. given permission to address the House to come to Washington to figure out At the same time, he is taking sides in for 1 minute and to revise and extend what is wrong with the system and to the fast-track debate, writing op-ed his remarks.) fix it. Nearly everyone knows that the pieces for the New York Times and Mr. TRAFICANT. Mr. Speaker, poll campaign finance system is broken and speaking outside on the issue. after poll suggests a growing problem needs to be repaired, that it needs to be Legal Times illustrates how former in America. Many Americans do not cleaned up. Senator Dole is taking great care not October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9805 to cross the line into lobbying or work- Democratic Hispanic woman and His- ruary 13, 1997 and has received and reviewed ing as a foreign agent. One possible panic voters might have made the dif- all records pertaining to registration efforts reason is that if Mr. Dole were to cross ference in this election. Other closer of that group; and that line, he would not be able to make elections last year for Congress did not Whereas the House Oversight Committee is now pursuing a duplicate and dilatory review his loan to bail out the gentleman from result, did not result, in similar inves- of materials already in the Committees pos- Georgia [Mr. GINGRICH]. If Dole were a tigations. This, unfortunately, is only session by the Secretary of State of Califor- lobbyist or a foreign agent, the loan to the latest example of the Republican nia; and the gentleman from Georgia [Mr. GING- Party’s attempts to suppress Hispanic Whereas the Task Force on the Contested RICH] would be a violation of the gift voting and to intimidate Hispanic vot- Election in the 46th District of California ban. ers. and the Committee have been reviewing Mr. Speaker, Senator Dole should ex- The latest move to turn this inves- these materials and has all the information plain his involvement with Chile to the tigation back to the Republican Sec- it needs regarding who voted in the 46th Dis- trict and all the information it needs to American people. retary of State in California is clearly make judgments concerning those votes; and f another attempt to prolong this par- Whereas the Committee on House Over- tisan witch hunt. EDUCATION IS MATTER OF RIGHT sight has after over nine months of review The gentlewoman from California and investigation failed to present credible VERSUS WRONG [Ms. SANCHEZ] won this election fair evidence to change the outcome of the elec- (Ms. GRANGER asked and was given and square. The people of the 46th de- tion of Congresswoman Sanchez and is pur- permission to address the House for 1 serve to have her undivided attention. suing never ending and unsubstantiated minute and to revise and extend her re- Let us bring an end to this investiga- areas of review; and marks.) Whereas, Contestant Robert Dornan has tion. not shown or provided credible evidence that Ms. GRANGER. Mr. Speaker, Ben- f the outcome of the election is other than jamin Disraeli once said, ‘‘The fate of Congresswoman Sanchez’s election to the our Nation depends on the education of b 0915 Congress; and our children.’’ I rise this morning be- ANNOUNCEMENT OF INTENTION TO Whereas, as a member of Congress whose election in 1994 was won by far smaller a ma- cause I believe we can do a much better OFFER RESOLUTION RAISING job of planning for our Nation’s future jority than that which Ms. Sanchez won the QUESTION OF PRIVILEGES OF 46th District race in 1996; and through education. THE HOUSE That is why I am so pleased that Whereas, as an immigrant myself who proudly became a U.S. citizen in 1972, I be- today Congress is considering impor- Ms. FURSE. Mr. Speaker, pursuant to clause 2 of rule IX, I hereby give no- lieve that this Republican campaign of in- tant education proposals like the Char- timidation sends a message to new citizens ters School Amendments Act and the tice of my intention to offer a resolu- that their voting privilege may be subverted. Help Scholarships Act. These proposals tion which raises a question of the We should encourage new voters not chill are part of a positive, profamily edu- privileges of the House. their enthusiasm; and cation agenda. All are aimed at im- The form of the resolution is as fol- Whereas, the Committee on House Over- proving schools. All are aimed at edu- lows: sight should complete its review of this mat- cating children. Whereas, Loretta Sanchez was issued a cer- ter and bring this contest to an end and now therefore be it; As we begin this century, let us begin tificate of election as the duly elected Mem- ber of Congress from the 46th District of Resolved, that unless the Committee on a renewed commitment. Let us commit House Oversight has sooner reported a rec- ourselves to having schools that are California by the Secretary of State of Cali- fornia and was seated by the U.S. House of ommendation for its final disposition, the safe and curriculum that is sound. Let Representatives on January 7, 1997; and contest in the 46th District of California is us commit ourselves to having teachers Whereas A Notice of Contest of Election dismissed upon the expiration of November 7, who know the subject they are teach- was filed with the Clerk of the House by Mr. 1997. ing and the name of the child they are Robert Dornan on December 26, 1996; and The SPEAKER pro tempore [Mr. teaching it to. And let us commit our- Whereas the Task Force on the Contested SHIMKUS]. Under rule IX, a resolution selves to having our children learn to Election in the 46th District of California offered from the floor by a Member read so they can read to learn for a met on February 26, 1997 in Washington, D.C. other than the majority leader or the lifetime. on April 19, 1997 in Orange County, California minority leader as a question of the and October 24, 1997 in Washington, D.C.; and Mr. Speaker, too often in Washington Whereas the allegations made by Mr. Rob- privileges of the House has immediate we talk about issues in terms of poli- ert Dornan have been largely found to be precedence only at a time designated tics. But this issue is different. Edu- without merit: charges of improper voting by the Chair within 2 legislative days cation is not a matter of right versus from a business, rather than a resident ad- after the resolution is properly noticed. left; it is a matter of right versus dress; underage voting; double voting; and Pending that designation, the form of wrong. And it is always the right time charges of unusually large number of indi- the resolution noticed by the gentle- to do the right thing. Let us support viduals voting from the same address. It was woman from Oregon [Ms. FURSE] will found that voting from the same address in- these initiatives. Let us support our appear in the RECORD at this point. cluded a Marines barracks and the domicile schools. And let us support our chil- of nuns, that business addresses were legal The Chair will not at this point de- dren. residences for the individuals, including the termine whether the resolution con- f zoo keeper of the Santa Ana zoo, that dupli- stitutes a question of privilege. That cate voting was by different individuals and determination will be made at the time DORNAN-SANCHEZ ELECTION those accused of underage voting were of designated for consideration of the res- (Ms. DELAURO asked and was given age; and olution. Whereas the Committee on House Over- permission to address the House for 1 f minute and to revise and extend her re- sight has issued unprecedented subpoenas to marks.) the Immigration and Naturalization Service ANNOUNCEMENT OF INTENTION TO to compare their records with Orange Coun- Ms. DELAURO. Mr. Speaker, the Re- OFFER RESOLUTION RAISING ty voter registration records, the first time publican leadership has spent 10 QUESTION OF PRIVILEGES OF in any election in the history of the United THE HOUSE months and more than $500,000 inves- States that the INS has been asked by Con- tigating the election of our colleague, gress to verify the citizenship of voters; and Mrs. MINK of Hawaii. Mr. Speaker, the gentlewoman from California [Ms. Whereas the INS has complied with the pursuant to clause 2 of rule IX, I here- SANCHEZ]. This money could have been Committee’s request and, at the Commit- by give notice of my intention to offer better spent providing immunizations tee’s request, has been doing a manual check a resolution which raises a question of for 3,000 children or providing prenatal of its paper files and providing worksheets the privileges of the House. care for 450 pregnant women. containing supplemental information on that manual check to the Committee on The form of the resolution is as fol- What is most disturbing about this House Oversight for over five months; and lows: investigation is that the Republican Whereas the Committee on House Over- Whereas, Loretta Sanchez was issued a cer- leadership seems to be focusing on this sight, subpoenaed the records seized by the tificate of election as the duly elected Mem- race because it is a seat held by a District Attorney of Orange County on Feb- ber of Congress from the 46th District of H9806 CONGRESSIONAL RECORD — HOUSE October 31, 1997 California by the Secretary of State of Cali- The SPEAKER pro tempore. Without Whereas the House Oversight Committee is fornia and was seated by the U.S. House of objection, the Chair’s prior statement now perusing a duplicate and dilatory review Representatives on January 7, 1997; and will appear in the RECORD at this point. of materials already in the Committees pos- Whereas A Notice of Contest of Election There was no objection. session by the Secretary of State of Califor- was filed with the Clerk of the House by Mr. nia; and Robert Dornan on December 26, 1996; and The text of the Chair’s prior state- Whereas the Task Force on the Contested Whereas the Task Force on the Contested ment is as follows: Election in the 46th District of California Election in the 46th District of California Under rule IX, a resolution offered from and the Committee have been reviewing met on February 26, 1997 in Washington, D.C. the floor by a Member other than the Major- these materials and has all the information on April 19, 1997 in Orange County, California ity Leader or the Minority Leader as a ques- it needs regarding who voted in the 46th Dis- and October 24, 1997 in Washington, D.C.; and tion of the privileges of the House has imme- trict and all the information it needs to Whereas the allegations made by Mr. Rob- diate precedence only at a time designated make judgments concerning those votes; and ert Dornan have been largely found to be by the Chair within two legislative days Whereas the Committee on House Over- without merit: charges of improper voting after the resolution is properly noticed. sight has after over nine months of review from a business, rather than a resident ad- Pending that designation, the form of the and investigation failed to present credible dress; underage voting; double voting; and resolution noticed by the gentlewoman from evidence to change the outcome of the elec- charges of usually large number of individ- Hawaii [Mrs. MINK] will appear in the tion of Congresswoman Sanchez and is pur- uals voting from the same address. It was RECORD at this point. suing never ending and unsubstantiated found that voting from the same address in- The Chair will not at this point determine areas of review; and cluded a Marines barracks and the domicile whether the resolution constitutes a ques- Whereas Contestant Robert Dornan has not of nuns, that business addresses were legal tion of privilege. That determination will be shown or provided credible evidence that the residences for the individuals, including the made at the time designated for consider- outcome of the election is other than Con- zoo keeper of the Santa Ana zoo, that dupli- ation of the resolution. gresswoman Sanchez’s election to the Con- cate voting was by different individuals and f those accused of underage voting were of gress; and age; and Whereas, after 10 months and the expendi- ANNOUNCEMENT OF INTENTION TO ture of $500,000, the House investigation has Whereas the Committee on House Over- OFFER RESOLUTION RAISING sight has issued unprecedented subpoenas to turned up no evidence of fraud and has wast- the Immigration and Naturalization Service QUESTION OF PRIVILEGES OF ed taxpayer money; and to compare their records with Orange Coun- THE HOUSE Whereas the Committee on House Over- ty voter registration records, the first time Mrs. MALONEY of New York. Mr. sight should complete its review of this mat- in any election in the history of the United ter and bring this contest to an end and now Speaker, pursuant to clause 2 of rule therefore be it; States that the INS has been asked by Con- IX, I hereby give notice of my inten- gress to verify the citizenship of voters; and Resolved, that unless the Committee on Whereas the INS has complied with the tion to offer a resolution which raises a House Oversight has sooner reported a rec- Committee’s request and, at the Commit- question of the privileges of the House. ommendation for its final disposition, the tee’s request, has been doing a manual check The form of the resolution is as fol- contest in the 46th District of California is of its paper files and providing worksheets lows: dismissed upon the expiration of November 7, containing supplemental information on Whereas, Loretta Sanchez was issued a cer- 1997. that manual check to the Committee on tificate of election as the duly elected Mem- The SPEAKER pro tempore. Without House Oversight for over five months; and ber of Congress from the 46th District of objection, the Chair’s prior statement Whereas the Committee on House Over- California by the Secretary of State of Cali- will appear in the RECORD at this point. sight, subpoenaed the records seized by the fornia and was seated by the U.S. House of District Attorney of Orange County on Feb- There was no objection. Representatives on January 7, 1997; and The text of the Chair’s prior state- ruary 13, 1997 and has received and reviewed Whereas A Notice of Contest of Election all records pertaining to registration efforts was filed with the clerk of the House by Mr. ment is as follows: of that group; and Robert Dornan on December 26, 1996; and Under rule IX, a resolution offered from Whereas the House Oversight Committee is Whereas the Task Force on the Contested the floor by a Member other than the Major- now persuing a duplicate and dilatory review Election in the 46th District of California ity Leader or the Minority Leader as a ques- of materials already in the Committees pos- met on February 26, 1997 in Washington, D.C. tion of the privileges of the House has imme- session by the Secretary of State of Califor- on April 19, 1997 in Orange County, California diate precedence only at a time designated nia; and and October 24, 1997 in Washington, D.C.; and by the Chair within two legislative days Whereas the Task Force on the Contested Whereas the allegations made by Mr. Rob- after the resolution is properly noticed. Election in the 46th District of California ert Dornan have been largely found to be Pending that designation, the form of the and the Committee have been reviewing without merit: charges of improper voting resolution noticed by the gentlewoman from these materials and has all the information from a business, rather than a resident ad- New York [Mrs. MALONEY] will appear in the it needs regarding who voted in the 46th Dis- dress; underage voting; double voting; and RECORD at this point. trict and all the information it needs to charges of unusually large number of indi- The Chair will not at this point determine make judgments concerning those votes; and whether the resolution constitutes a ques- Whereas the Committee on House Over- viduals voting from the same address. It was tion of privilege. That determination will be sight has after over nine months of review found that voting from the same address in- made at the time designated for consider- and investigation failed to present credible cluded a Marines barracks and the domicile ation of the resolution. evidence to change the outcome of the elec- of nuns, that business addresses were legal tion of Congresswoman Sanchez and is pur- residences for the individuals, including the f suing never ending and unsubstantiated zoo keeper of the Santa Ana zoo, that dupli- areas of review; and cate voting was by different individuals and ANNOUNCEMENT OF INTENTION TO Whereas, Contestant Robert Dornan has those accused of underage voting were of OFFER RESOLUTION RAISING not shown or provided credible evidence that age; and QUESTION OF PRIVILEGES OF the outcome of the election is other than Whereas the Committee on House Over- THE HOUSE Congresswoman Sanchez’s election to the sight has issued unprecedented subpoenas to Congress; and the Immigration and Naturalization Service Ms. SLAUGHTER. Mr. Speaker, pur- Whereas, due process requires that this in- to compare their records with Orange Coun- suant to clause 2 of rule IX, I hereby timidation and inquisition of the voters of ty voter registration records, the first time give notice of my intention to offer a California’s 46th Congressional District end, in any election in the history of the United resolution which raises a question of because to prolong it is to flaunt the basic States that the INS has been asked by Con- the privileges of the House. gress to verify the citizenship of voters; and principles of justice; The form of the resolution is as fol- Whereas, hundreds of thousands of tax- Whereas the INS has complied with the payers dollars have been spent on this fruit- Committee’s request and, at the Commit- lows: less search; and tee’s request, has been doing a manual check Whereas, Loretta Sanchez was issued a cer- Whereas, the Committee on House Over- of its paper files and providing worksheets tificate of election as the duly elected Mem- sight should complete its review of this mat- containing supplemental information on ber of Congress from the 46th District of ter and bring this contest to an end and now that manual check to the Committee on California by the Secretary of State of Cali- therefore be it; House Oversight for over five months; and fornia and was seated by the U.S. House of Resolved, that unless the Committee on Whereas the Committee on House Over- Representatives on January 7, 1997; and House Oversight has sooner reported a rec- sight, subpoenaed the records seized by the Whereas A Notice of Contest of Election ommendation for its final disposition, the District Attorney of Orange County on Feb- was filed with the Clerk of the House by Mr. contest in the 46th District of California is ruary 13, 1997 and has received and reviewed Robert Dornan on December 26, 1996; and dismissed upon the expiration of November 7, all records pertaining to registration efforts Whereas the Task Force on the Contested 1997. of that group; and Election in the 46th District of California October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9807 met on February 26, 1997 in Washington, ity Leader or the Minority Leader as a ques- and the Committee have been reviewing D.C., on April 19, 1997 in Orange County, tion of the privileges of the House has imme- these materials and has all the information California and October 24, 1997 in Washing- diate precedence only at a time designated it needs regarding who voted in the 46th Dis- ton, D.C.; and by the Chair within two legislative days trict and all the information it needs to Whereas the allegations made by Mr. Rob- after the resolution is properly noticed. make judgements concerning those votes; ert Dornan have been largely found to be Pending that designation, the form of the and without merit: charges of improper voting resolution noticed by the gentlewoman from Whereas the Committee on House Over- from a business, rather than a resident ad- New York [Ms. SLAUGHTER] will appear in sight has after over nine months of review dress; underage voting; double voting; and the RECORD at this point. and investigation failed to present credible charges of unusually large number of indi- The Chair will not at this point determine evidence to change the outcome of the elec- viduals voting from the same address. It was whether the resolution constitutes a ques- tion of Congresswoman Sanchez and is pur- found that voting from the same address in- tion of privilege. That determination will be suing never ending and unsubstantiated cluded a Marines barracks and the domicile made at the time designated for consider- areas of review; and of nuns, that business addresses were legal ation of the resolution. Whereas, Contestant Robert Dornan has residences for the individuals, including the f not shown or provided credible evidence that zoo keeper of the Santa Ana zoo, that dupli- the outcome of the election is other than cate voting was by different individuals and b 0930 Congresswoman Sanchez’s election to the those accused of underage voting were of Congress; and age; and ANNOUNCEMENT OF INTENTION TO Whereas, the continued Sanchez probe un- Whereas the Committee on House Over- OFFER RESOLUTION RAISING fairly targets Hispanic-Americans and dis- sight has issued unprecedented subpoenas to QUESTION OF PRIVILEGES OF courages their full participation in the the Immigration and Naturalization Service THE HOUSE democratic process. to compare their records with Orange Coun- Whereas, the Committee on House Over- ty voter registration records, the first time Ms. DELAURO. Mr. Speaker, pursu- sight should complete its review of this mat- in any election in the history of the United ant to clause 2 of rule IX, I hereby give ter and bring this contest to an end and now States that the INS has been asked by Con- notice of my intention to offer a reso- therefore be it; gress to verify the citizenship of voters; and lution which raises a question of the Resolved, That unless the Committee on Whereas the INS has complied with the privileges of the House. House Oversight has sooner reported a rec- Committee’s request and, at the Commit- The form of the resolution is as fol- ommendation for its final disposition, the tee’s request, has been doing a manual check lows: contest in the 46th District of California is of its paper files and providing worksheets dismissed upon the expiration of November 7, containing supplemental information on Whereas, Loretta Sanchez was issued a cer- 1997. tificate of election as the duly elected Mem- that manual check to the Committee on The SPEAKER pro tempore. Without House Oversight for over five months; and ber of Congress from the 46th District of Whereas the Committee on House Over- California by the Secretary of State of Cali- objection, the Chair’s prior statement sight, subpoenaed the records seized by the fornia and was seated by the U.S. House of will appear in the RECORD at this point. District Attorney of Orange County on Feb- Representatives on January 7, 1997; and There was no objection. ruary 13, 1997 and has received and reviewed Whereas A Notice of Contest of Election The text of the Chair’s prior state- all records pertaining to registration efforts was filed with the Clerk of the House by Mr. ment is as follows: of that group; and Robert Dornan on December 26, 1996; and Under rule IX, a resolution offered from Whereas the House Oversight Committee is Whereas the Task Force on the Contested the floor by a Member other than the Major- now pursuing a duplicate and dilatory review Election in the 46th District of California ity Leader or the Minority Leader as a ques- of materials already in the Committees pos- met on February 26, 1997 in Washington, D.C. tion of the privileges of the House has imme- session by the Secretary of State of Califor- on April 19, 1997 in Orange County, California diate precedence only at a time designated nia; and and October 24, 1997 in Washington, D.C.; and by the Chair within two legislative days Whereas the Task Force on the Contested Whereas the allegations made by Mr. Rob- after the resolution is properly noticed. Election in the 46th District of California ert Dornan have been largely found to be Pending that designation, the form of the and the Committee have been reviewing without merit: charges of improper voting resolution noticed by the gentlewoman from these materials and has all the information from a business, rather than a resident ad- Connecticut [Ms. DELAURO] will appear in it needs regarding who voted in the 46th Dis- dress; underage voting; double voting; and the RECORD at this point. trict and all the information it needs to charges of unusually large number of indi- The Chair will not at this point determine make judgements concerning those votes; viduals voting from the same address. It was whether the resolution constitutes a ques- and found that voting from the same address in- tion of privilege. That determination will be Whereas the Committee on House Over- cluded a Marines barracks and the domicile made at the time designated for consider- sight has after over nine months of review of nuns, that business addresses were legal ation of the resolution. and investigation failed to present credible residences for the individuals, including the f evidence to change the outcome of the elec- zoo keeper of the Santa Ana Zoo, that dupli- tion of Congresswoman Sanchez and is pur- cate voting was by different individuals and ANNOUNCEMENT OF INTENTION TO suing never ending and unsubstantiated those accused of underage voting were of OFFER RESOLUTION RAISING areas of review; and age; and QUESTION OF PRIVILEGES OF Whereas, Contestant Robert Dornan has Whereas the Committee on House Over- not shown or provided credible evidence that THE HOUSE sight has issued unprecedented subpoenas to the outcome of the election is other than Ms. VELA´ ZQUEZ. Mr. Speaker, pur- the Immigration and Naturalization Service Congresswoman Sanchez’s election to the to compare their records with Orange Coun- suant to clause 2 of rule IX, I hereby Congress; and ty voter registration records, the first time give notice of my intention to offer a Whereas, the House Oversight Committee resolution which raises a question of passed a resolution demanding that the U.S. in any election in the history of the United Attorney file criminal charges against pri- States that the INS has been asked by Con- the privileges of the House. vate citizens, despite the fact that Congress gress to verify the citizenship of voters; and The form of the resolution is as fol- has no authority to enforce legislation; Whereas the INS has complied with the lows: Whereas, the Committee on House Over- Committee’s request and, at the Commit- Whereas, Loretta Sanchez was issued a cer- sight should complete its review of this mat- tee’s request, has been doing a manual check tificate of election as the duly elected Mem- ter and bring this contest to an end and now of its paper files and providing worksheets ber of Congress from the 46th District of therefore be it; containing supplemental information on California by the Secretary of State of Cali- Resolved, That unless the Committee on that manual check to the Committee on fornia and was seated by the U.S. House of House Oversight has sooner reported a rec- House Oversight for over five months; and Representatives on January 7, 1997; and ommendation for its final disposition, the Whereas the Committee on House Over- Whereas A Notice of Contest of Election contest in the 46th District of California is sight, subpoenaed the records seized by the was filed with the Clerk of the House by Mr. dismissed upon the expiration of November 7, District Attorney of Orange County on Feb- Robert Dornan on December 26, 1996; and 1997. ruary 13, 1997 and has received and reviewed Whereas the Task Force on the Contested The SPEAKER pro tempore. Without all records pertaining to registration efforts Election in the 46th District of California of that group; and objection, the Chair’s prior statement met on February 26, 1997 in Washington, D.C. Whereas the House Oversight Committee is on April 19, 1997 in Orange County, California will appear in the RECORD at this point. now pursuing a duplicate and dilatory review and October 24, 1997 in Washington, D.C.; and There was no objection. of materials already in the Committees pos- Whereas the allegations made by Mr. Rob- The text of the Chair’s prior state- session by the Secretary of State of Califor- ert Dornan has been largely found to be ment is as follows: nia; and without merit: charges of improper voting Under rule IX, a resolution offered from Whereas the Task Force on the Contested from a business, rather than a resident ad- the floor by a Member other than the Major- Election in the 46th District of California dress; underage voting; double voting; and H9808 CONGRESSIONAL RECORD — HOUSE October 31, 1997 charges of unusually large number of indi- The Chair will not at this point determine Whereas, Contestant Robert Dornan has viduals voting from the same address. It was whether the resolution constitutes a ques- not shown or provided credible evidence that found that voting from the same address in- tion of privilege. That determination will be the outcome of the election is other than cluded a Marines barracks and the domicile made at the time designated for consider- Congresswoman Sanchez’s election to the of nuns, that business addresses were legal ation of the resolution. Congress; and residence for the individuals, including the f Whereas, Mr. Dornan’s unproven allega- zoo keeper of the Santa Ana zoo, that dupli- tions and the action’s of Republicans have cate voting was by different individuals and ANNOUNCEMENT OF INTENTION TO created an enormously chilling effect on the those accused of underage voting were of OFFER RESOLUTION RAISING voting rights of Hispanic-Americans and age; and QUESTION OF PRIVILEGES OF other minority Americans: therefore Whereas the Committee on House Over- THE HOUSE targeting them unfairly; and sight has issued unprecedented subpoenas to Whereas, the Committee on House Over- the Immigration and Naturalization Service Ms. JACKSON-LEE of Texas. Mr. sight should complete its review of this mat- to compare their records with Orange Coun- Speaker, pursuant to clause 2 of rule ter and bring this contest to an end and: Now ty voter registration records, the first time IX, I hereby give notice of my inten- therefore be it in any election in the history of the United tion to offer a resolution which raises a Resolved, That unless the Committee on States that the INS has been asked by Con- question of the privileges of the House. House Oversight has sooner reported a rec- gress to verify the citizenship of voters; and The form of the resolution is as fol- ommendation for its final disposition, the Whereas the INS has complied with the lows: contest in the 46th District of California is Committee’s request and, at the Commit- Whereas, Loretta Sanchez was issued a cer- dismissed upon the expiration of November 7, tee’s request has been doing a manual check tificate of election as the duly elected Mem- 1997. of its paper files and providing worksheets ber of Congress from the 46th District of The SPEAKER pro tempore. Without containing supplemental information on California by the Secretary of State of Cali- objection, the Chair’s prior statement that manual check to the Committee on fornia and was seated by the U.S. House of will appear in the RECORD at this point. House Oversight for over five months; and Representatives on January 7, 1997; and Whereas the Committee on House Over- Whereas A Notice of Contest of Election There was no objection. sight, subpoenaed the records seized by the was filed with the Clerk of the House by Mr. The text of the Chair’s prior state- District Attorney of Orange County on Feb- Robert Dornan on December 26, 1996; and ment is as follows: ruary 13, 1997 and has received and reviewed Whereas the Task Force on the Contested Under rule IX, a resolution offered from all records pertaining to registration efforts Election in the 46th District of California the floor by a Member other than the Major- of that group; and met on February 26, 1997 in Washington, D.C. ity Leader or the Minority Leader as a ques- Whereas the House Oversight Committee is on April 19, 1997 in Orange County, California tion of the privileges of the House has imme- now pursuing a duplicate and dilatory review and October 24, 1997 in Washington, D.C.; and diate precedence only at a time designated of materials already in the Committees pos- Whereas the allegations made by Mr. Rob- by the Chair within two legislative days session by the Secretary of State of Califor- ert Dornan have been largely found to be after the resolution is properly noticed. nia; and without merit: charges of improper voting Pending that designation, the form of the Whereas the Task Force on the Contested from a business, rather than a resident ad- resolution noticed by the gentlewoman from dress; underage voting; double voting; and Election in the 46th District of California Texas [Ms. JACKSON-LEE] will appear in the charges of unusually large number of indi- and the Committee have been reviewing RECORD at this point. these materials and has all the information viduals voting from the same address. It was The Chair will not at this point determine it needs regarding who voted in the 46th Dis- found that voting from the same address in- whether the resolution constitutes a ques- trict and all the information it needs to cluded a Marine barracks and the domicile of tion of privilege. That determination will be make judgements concerning those votes; nuns, that business addresses were legal resi- made at the time designated for consider- and dences for the individuals, including the zoo ation of the resolution. Whereas the Committee on House Over- keeper of the Santa Ana zoo, that duplicate f sight has after over nine months of review voting was by different individuals and those and investigation failed to present credible accused of underage voting were of age; and Whereas the Committee on House Over- ANNOUNCEMENT OF INTENTION TO evidence to change the outcome of the elec- OFFER RESOLUTION RAISING tion of Congresswoman Sanchez and is pur- sight has issued unprecedented subpoenas to suing never ending and unsubstantiated the Immigration and Naturalization Service QUESTION OF PRIVILEGES OF areas of review; and to compare their records with Orange Coun- THE HOUSE Whereas, Contestant Robert Dornan has ty voter registration records, the first time Ms. DANNER. Mr. Speaker, pursuant not shown or provided credible evidence that in any election in the history of the United States that the INS has been asked by Con- to clause 2 of rule IX, I hereby give no- the outcome of the election is other than tice of my intention to offer a resolu- Congresswoman Sanchez’s election to the gress to verify the citizenship of voters; and Congress; and Whereas the INS has complied with the tion which raises a question of the Whereas these allegations represent a di- Committee’s request and, at the Commit- privileges of the House. rect attack on the latino community and an tee’s request, has been doing a manual check The form of the resolution is as fol- attempt to silence the voice of latino voters, of its paper files and providing worksheets lows: Whereas, the Committee on House Over- containing supplemental information on that manual check to the Committee on Whereas, Loretta Sanchez was issued a cer- sight should complete its review of this mat- tificate of election as the duly elected Mem- ter and bring this contest to an end and now House Oversight for over five months; and Whereas the Committee on House Over- ber of Congress from the 46th District of therefore be it; sight, subpoenaed the records seized by the California by the Secretary of State of Cali- Resolved, That unless the Committee on District Attorney of Orange County on Feb- fornia and was seated by the U.S. House of House Oversight has sooner reported a rec- ruary 13, 1997 and has received and reviewed Representatives on January 7, 1997; and ommendation for its final disposition, the all records pertaining to registration efforts Whereas A Notice of Contest of Election contest in the 46th District of California is of that group; and was filed with the Clerk of the House by Mr. dismissed upon the expiration of November 7, Whereas the House Oversight Committee is Robert Dornan on December 26, 1996; and 1997. now pursuing a duplicate and dilatory review Whereas the Task Force on the Contested The SPEAKER pro tempore. Without of materials already in the Committees pos- Election in the 46th District of California objection, the Chair’s prior statement session by the Secretary of State of Califor- met on February 26, 1997 in Washington, will appear in the RECORD at this point. nia; and D.C., on April 19, 1997 in Orange County, There was no objection. Whereas the Task Force on the Contested California and October 24, 1997 in Washing- ton, D.C.; and The text of the Chair’s prior state- Election in the 46th District of California and the Committee have been reviewing Whereas the allegations made by Mr. Rob- ment is as follows: these materials and has all the information ert Dornan have been largely found to be Under rule IX, a resolution offered from it needs regarding who voted in the 46th Dis- without merit: charges of improper voting the floor by a Member other than the Major- trict and all the information it needs to from a business, rather than a resident ad- ity Leader or the Minority Leader as a ques- make judgements concerning those votes; dress; underage voting; double voting; and tion of the privileges of the House has imme- and charges of unusually large number of indi- diate precedence only at a time designated Whereas the Committee on House Over- viduals voting from the same address. It was by the Chair within two legislative days sight has after over nine months of review found that voting from the same address in- after the resolution is properly noticed. and investigation failed to present credible cluded a Marines barracks and the domicile Pending that designation, the form of the evidence to change the outcome of the elec- of nuns, that business addresses were legal resolution noticed by the gentlewoman from tion of Congresswoman Sanchez and is pur- residences for the individuals including the New York (Ms. VELA´ ZQUEZ) will appear in the suing never ending and unsubstantiated zoo keeper of the Santa Ana zoo, that dupli- RECORD at this point. areas of review; and cate voting was by different individuals and October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9809 those accused of underage voting were of b 0945 Indiana will appear in the RECORD at this age; and point. Whereas the Committee on House Over- ANNOUNCEMENT OF INTENTION TO The Chair will not at this point determine sight has issued unprecedented subpoenas to OFFER RESOLUTION RAISING whether the resolution constitutes a ques- the Immigration and Naturalization Service QUESTION OF PRIVILEGES OF tion of privilege. That determination will be to compare their records with Orange Coun- THE HOUSE made at the time designated for consider- ty voter registration records, the first time ation of the resolution. Ms. CARSON. Mr. Speaker, pursuant in any election in the history of the United f States that the INS has been asked by Con- to clause 2 of rule IX, I hereby give no- gress to verify the citizenship of voters; and tice of my intention to offer a resolu- ANNOUNCEMENT OF INTENTION TO Whereas the INS has complied with the tion which raises a question of the OFFER RESOLUTION RAISING Committee’s request and, at the Commit- privileges of the House. QUESTION OF PRIVILEGES OF tee’s request, has been doing a manual check Mr. Speaker, I ask unanimous con- THE HOUSE of its paper files and providing worksheets sent that the form of the resolution ap- containing supplemental information on Ms. LOFGREN. Mr. Speaker, pursu- pear in the RECORD at this point. that manual check to the Committee on ant to clause 2 of rule IX, I hereby give House Oversight for over five months; and The SPEAKER pro tempore (Mr. notice of my intention to offer a reso- Whereas the Committee on House Over- SHIMKUS). Is there objection to the re- lution which raises a question of the sight, subpoenaed the records seized by the quest of the gentlewoman from Indi- privileges of the House. District Attorney of Orange County on Feb- ana? The form of the resolution is as fol- ruary 13, 1997 and has received and reviewed There was no objection. lows: all records pertaining to registration efforts The form of the resolution is as fol- Whereas, Loretta Sanchez was issued a cer- of that group; and lows: Whereas the House Oversight Committee is tificate of election as the duly elected Mem- now pursuing a duplicate and dilatory review Whereas, Loretta Sanchez was issued a cer- ber of Congress from the 46th District of of materials already in the Committee’s pos- tificate of election as the duly elected Mem- California by the Secretary of State of Cali- session by the Secretary of State of Califor- ber of Congress from the 46th District of fornia and was seated by the U.S. House of nia; and California by the Secretary of State of Cali- Representatives on January 7, 1997; and Whereas the Task Force on the Contested fornia and was seated by the U.S. House of Whereas A Notice of Contest of Election Election in the 46th District of California Representatives on January 7, 1997; and was filed with the Clerk of the House by Mr. and the Committee have been reviewing Whereas A Notice of Contest of Election Robert Dornan on December 26, 1996; and these materials and has all the information was filed with the Clerk of the House by Mr. Whereas the Task Force on the Contested it needs regarding who voted in the 46th Dis- Robert Dornan on December 26, 1996; and Election in the 46th District of California Whereas the Task Force on the Contested trict and all the information it needs to met on February 26, 1997 in Washington, D.C. Election in the 46th District of California make the judgements concerning those on April 19, 1997 in Orange County, California met on February 26, 1997 in Washington, votes; and and October 24, 1997 in Washington, D.C.; and Whereas the Committee on House Over- D.C., on April 19, 1997 in Orange County, Whereas allegations made by the losing sight has after over nine months of review California and October 24, 1997 in Washing- candidate, Mr. Dornan, of voter fraud in fact and investigation failed to present credible ton, D.C.; and were revealed to be legitimate voters living evidence to change the outcome of the elec- Whereas the allegations made by Mr. Rob- at a Marine barracks, sisters living at their tion of Congresswoman Sanchez and is pur- ert Dornan have been largely found to be nunnery as well as the zookeeper at the suing never ending and unsubstantiated without merit: charges of improper voting Santa Ana zoo areas of review; and from a business, rather than a resident ad- Whereas for the first time in any election Whereas, Contestant Robert Dornan has dress; underage voting; double voting; and in the history of the United States the INS not shown or provided credible evidence that charges of unusually large number of indi- has been asked to verify the citizenship of the outcome of the election is other than viduals voting from the same address. It was voters, a task that the INS is unable to ac- Congresswoman Sanchez’s election to the found that voting from the same address in- complish with accuracy, precision or cer- Congress; and cluded a Marines barracks and the domicile tainty with the immigration records avail- Whereas, on September 24, 1997, the House of nuns, that business addresses were legal able to them. Oversight Committee passed a resolution de- residences for the individuals, including the Whereas the Committee on House Over- manding that criminal charges be brought zoo keeper of the Santa Ana zoo, that dupli- sight has had nearly a year to present credi- against private citizens even though Con- cate voting was by different individuals and ble evidence of fraud sufficient to change the gress lacks criminal enforcement powers and those accused of underage voting were of outcome of the election to the House of Rep- cannot compel compliance with subpoenas; age; and resentatives and Whereas the Committee on House Over- Whereas the Committee on House Over- Whereas, the Committee on House Over- sight has issued unprecedented subpoenas to sight is pursuing a seemingly never ending sight should complete its review of this mat- the Immigration and Naturalization Service and apparently unsubstantiated review of ter and bring this contest to an end and now to compare their records with Orange Coun- this matter reminding observers of the fa- therefore be it; ty voter registration records, the first time mous Dickens novel ‘‘Bleak House’’ Resolved, That unless the Committee on in any election in the history of the United And Whereas the House has a right to ex- House Oversight has sooner reported a rec- States that the INS has been asked by Con- pect this matter to be resolved profes- ommendation for its final disposition, the gress to verify the citizenship of voters; and sionally as well as promptly and certainly contest in the 46th District of California is Whereas, the Committee on House Over- before half of Congresswoman Sanchez’ term dismissed upon the expiration of November 7, sight should complete its review of this mat- of office has passed 1997. ter and bring this contest to an end and now Whereas, the Committee on House Over- The SPEAKER pro tempore. Without therefore be it; sight should complete its review of this mat- Resolved, That unless the Committee on ter and bring this contest to an end and now objection, the Chair’s prior statement House Oversight has sooner reported a rec- therefore be it; will appear in the RECORD at this point. ommendation for its final disposition, the Resolved, That unless the Committee on There was no objection. contest in the 46th District of California is House Oversight has sooner reported a rec- The text of the Chair’s prior state- dismissed upon the expiration of November 7, ommendation for its final disposition, the ment is as follows: 1997. contest in the 46th District of California is Under rule IX, a resolution offered from The SPEAKER pro tempore. Without dismissed upon the expiration of November 7, the floor by a Member other than the Major- objection, the Chair’s prior statement 1997. ity Leader or the Minority Leader as a ques- will appear in the RECORD at this point. The SPEAKER pro tempore. Without tion of the privileges of the House has imme- There was no objection. objection, the Chair’s prior statement diate precedence only at a time designated The text of the Chair’s prior state- will appear in the RECORD at this point. by the Chair within two legislative days There was no objection. after the resolution is properly noticed. ment is as follows: Pending that designation, the form of the Under rule IX, a resolution offered from The text of the Chair’s prior state- resolution noticed by the gentlewoman from the floor by a Member other than the Major- ment is as follows: Missouri [Ms. DANNER] will appear in the ity Leader or the Minority Leader as a ques- Under rule IX, a resolution offered from RECORD at this point. tion of the privileges of the House has imme- the floor by a Member other than the Major- The Chair will not at this point determine diate precedence only at a time designated ity Leader or the Minority Leader as a ques- whether the resolution constitutes a ques- by the Chair within two legislative days tion of the privileges of the House has imme- tion of privilege. That determination will be after the resolution is properly noticed. diate precedence only at a time designated made at the time designated for consider- Pending that designation, the form of the by the Chair within two legislative days ation of the resolution. resolution noticed by the gentlewoman from after the resolution is properly notices. H9810 CONGRESSIONAL RECORD — HOUSE October 31, 1997 Pending that designation, the form of the Whereas the Committee on House Over- cluded a Marines barracks and the domicile resolution noticed by the gentlewoman from sight has after over nine months of review of nuns, that business addresses were legal California will appear in the RECORD at this and investigation failed to present credible residences for the individuals, including the point. evidence to change the outcome of the elec- zoo keeper of the Santa Ana zoo, that dupli- The Chair will not at this point determine tion of Congresswoman Sanchez and is pur- cate voting was by different individuals and whether the resolution constitutes a ques- suing never ending and unsubstantiated those accused of underage voting were of tion of privilege. That determination will be areas of review; and age; and made at the time designated for consider- Whereas, Contestant Robert Dornan has Whereas the Committee on House Over- ation of the resolution. not shown or provided credible evidence that sight has issued unprecedented subpoenas to f the outcome of the election is other than the Immigration and Naturalization Service Congresswoman Sanchez’s election to the to compare their records with Orange Coun- ANNOUNCEMENT OF INTENTION TO Congress; and ty voter registration records, the first time OFFER RESOLUTION RAISING Whereas, the Oversight Committee has not in any election in the history of the United QUESTION OF PRIVILEGES OF challenged the results of any other Members’ States that the INS has been asked by Con- THE HOUSE elections, even though many other Members gress to verify the citizenship of voters; and won their election by slimmer margins; and Whereas the INS has complied with the Ms. WOOLSEY. Mr. Speaker, pursu- Whereas, the Committee on House Over- Committee’s request and, at the Commit- ant to clause 2 of rule IX, I hereby give sight should complete its review of this mat- tee’s request, has been doing a manual check notice of my intention to offer a reso- ter and bring this contest to an end and now of its paper files and providing worksheets lution which raises a question of the therefore be it; containing supplemental information on privileges of the House. Resolved, That unless the Committee on that manual check to the Committee on The form of the resolution is as fol- House Oversight has sooner reported a rec- House Oversight for over five months; and lows: ommendation for its final disposition, the Whereas the Committee on House Over- contest in the 46th District of California is sight, subpoenaed the records seized by the Whereas, Loretta Sanchez was issued a cer- dismissed upon the expiration of November 7, District Attorney of Orange County on Feb- tificate of election as the duly elected Mem- 1997. ruary 13, 1997 and has received and reviewed ber of Congress from the 46th District of all records pertaining to registration efforts California by the Secretary of State of Cali- The SPEAKER pro tempore. Without of that group; and fornia, and was seated by the U.S. House of objection, the Chair’s prior statement Whereas the House Oversight Committee is Representatives on January 7, 1997; and will appear in the RECORD at this point. now persuing a duplicate and dilatory review Whereas A Notice of Contest of Election There was no objection. of materials already in the Committee’s pos- was filed with the Clerk of the House by Mr. The text of the Chair’s prior state- session by the Secretary of State of Califor- Robert Dornan on December 26, 1996; and ment is as follows: nia; and Whereas the Task Force on the Contested Whereas the Task Force on the Contested Election in the 46th District of California Under rule IX, a resolution offered from Election in the 46th District of California met on February 26, 1997 in Washington, the floor by a Member other than the Major- and the Committee have been reviewing D.C., on April 19, 1997 in Orange County, ity leader or the Minority Leader as a ques- these materials and has all the information California and October 24, 1997 in Washing- tion of the privileges of the House has imme- it needs regarding who voted in the 46th Dis- ton, D.C.; and diate precedence only at a time designated Whereas the allegations made by Mr. Rob- by the Chair within two legislative days trict and all the information it needs to ert Dornan have been largely found to be after the resolution is properly noticed. make judgments concerning those votes; and without merit: charges of improper voting Pending that designation, the form of the Whereas the Committee on House Over- from a business, rather than a resident ad- resolution noticed by the gentlewoman from sight has after over nine months of review dress; underage voting; double voting; and California will appear in the RECORD at this and investigation failed to present credible charges of unusually large number of indi- point. evidence to change the outcome of the elec- viduals voting from the same address. It was The Chair will not at this point determine tion of Congresswoman Sanchez and is pur- found that voting from the same address in- whether the resolution constitutes a ques- suing never ending and unsubstantiated cluded a Marines barracks and the domicile tion of privilege. That determination will be areas of review; and of nuns, that business addresses were legal made at the time designated for consider- Whereas, Contestant Robert Dornan has residences for the individuals, including the ation of the resolution. not shown or provided credible evidence that the outcome of the election is other than zoo keeper of the Santa Ana zoo, that dupli- f cate voting was by different individuals and Congresswoman Sanchez’s election to the those accused of underage voting were of ANNOUNCEMENT OF INTENTION TO Congress; and age; and OFFER RESOLUTION RAISING Whereas I watched Loretta Sanchez be- Whereas the Committee on House Over- QUESTION OF PRIVILEGES OF come a marvelous, energetic Representative of the 46th District of California during the sight has issued unprecedented subpoenas to THE HOUSE the Immigration and Naturalization Service five months she shared my apartment with to compare their records with Orange Coun- Ms. EDDIE BERNICE JOHNSON of me; and ty voter registration records, the first time Texas. Mr. Speaker, pursuant to clause Whereas continuing this never ending at- in any election in the history of the United 2 of rule IX, I hereby give notice of my tack on her election is wrong for this woman States that the INS has been asked by Con- intention to offer a resolution which who wants to serve her constituents to the best of her ability; and gress to verify the citizenship of voters; and raises a question of the privileges of Whereas the INS has complied with the Whereas, the Committee on House Over- the House. sight should complete its review of this mat- Committee’s request and, at the Commit- The form of the resolution is as fol- tee’s request, has been doing a manual check ter and bring this contest to an end and now of its paper files and providing worksheets lows: therefore be it; containing supplemental information on Whereas, Loretta Sanchez was issued a cer- Resolved, that unless the Committee on that manual check to the Committee on tificate of election as the duly elected Mem- House Oversight has sooner reported a rec- House Oversight for over five months; and ber of Congress from the 46th District of ommendation for its final disposition, the Whereas the Committee on House Over- California by the Secretary of State of Cali- contest in the 46th District of California is sight, subpoenaed the records seized by the fornia and was seated by the U.S. House of dismissed upon the expiration of November 7, District Attorney of Orange County on Feb- Representatives on January 7, 1997; and 1997. ruary 13, 1997 and has received and reviewed Whereas A Notice of Contest of Election The SPEAKER pro tempore. Without all records pertaining to registration efforts was filed with the Clerk of the House by Mr. objection, the Chair’s prior statement of that group; and Robert Dornan on December 26, 1996; and will appear in the RECORD at this point. Whereas the House Oversight Committee is Whereas the Task Force on the Contested There was no objection. now pursuing a duplicate and dilatory review Election in the 46th District of California of materials already in the Committee’s pos- met on February 26, 1997 in Washington, D.C. The text of the Chair’s prior state- session by the Secretary of State of Califor- on April 19, 1997 in Orange County, California ment is as follows: nia; and and October 24, 1997 in Washington, D.C.; and Under rule IX, a resolution offered from Whereas the Task Force on the Contested Whereas the allegations made by Mr. Rob- the floor by a Member other than the Major- Election in the 46th District of California ert Dornan have been largely found to be ity Leader or the Minority Leader as a ques- and the Committee have been reviewing without merit: charges of improper voting tion of the privileges of the House has imme- these materials and has all the information from a business, rather than a resident ad- diate precedence only at a time designated it needs regarding who voted in the 46th Dis- dress; underage voting; double voting; and by the Chair within two legislative days trict and all the information it needs to charges of unusually large number of indi- after the resolution is properly noticed. make judgements concerning those votes; viduals voting from the same address. It was Pending that designation, the form of the and found that voting from the same address in- resolution noticed by the gentlewoman from October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9811 Texas will appear in the RECORD at this tee’s request, has been doing a manual check give notice of my intention to offer a point. of its paper files and providing worksheets resolution which raises a question of The Chair will not at this point determine containing supplemental information on the privileges of the House. whether the resolution constitutes a ques- that manual check to the Committee on The form of the resolution is as fol- tion of privilege. That determination will be House Oversight for over five months; and lows: made at the time designated for consider- Whereas the Committee on House Over- ation of the resolution. sight, subpoenaed the records seized by the Whereas, Loretta Sanchez was issued a cer- District Attorney of Orange County on Feb- tificate of election as the duly elected Mem- f ber of Congress from the 46th District of ruary 13, 1997 and has received and reviewed California by the Secretary of State of Cali- ANNOUNCEMENT OF INTENTION TO all records pertaining to registration efforts fornia and was seated by the U.S. House of OFFER RESOLUTION RAISING of that group; and Representatives on January 7, 1997; and QUESTION OF PRIVILEGES OF Whereas the House Oversight Committee is Whereas A Notice of Contest of Election THE HOUSE now pursuing a duplicate and dilatory review was filed with the Clerk of the House by Mr. of materials already in the Committees pos- Mrs. KENNELLY of Connecticut. Mr. Robert Dornan on December 26, 1996; and session by the Secretary of State of Califor- Whereas the Task Force on the Contested Speaker, pursuant to clause 2 of rule nia; and Election in the 46th District of California IX, I hereby give notice of my inten- Whereas the Task Force on the Contested met on February 26, 1997 in Washington, DC tion to offer a resolution which raises a Election in the 46th District of California on April 19, 1997 in Orange County, California question of the privileges of the House. and the Committee have been reviewing and October 24, 1997 in Washington, DC; and Whereas Robert Dornan has not these materials and has all the information Whereas the allegations made by Mr. Rob- shown or provided credible evidence it needs regarding who voted in the 46th Dis- ert Dornan have been largely found to be that the outcome of the election is trict and all the information it needs to without merit: charges of improper voting make judgements concerning those votes; from a business, rather than a resident ad- other than Congresswoman SANCHEZ’ and dress; underage voting; double voting; and election to Congress; and whereas I Whereas the Committee on House Over- charges of unusually large number of indi- watched LORETTA SANCHEZ become a sight has after over nine months of review viduals voting from the same address. It was marvelous, energetic Representative of and investigation failed to present credible found that voting from the same address in- the 46th District of California during evidence to change the outcome of the elec- cluded a Marines barracks and the domicile the 5 months she shared my apartment tion of Congresswoman Sanchez and is pur- of nuns, that business addresses were legal suing never ending and unsubstantiated residences for the individuals, including the with me; and whereas continuing this zoo keeper of the Santa Ana zoo, that dupli- never-ending attempt on her election is areas of review; and Whereas, Contestant Robert Dornan has cate voting was by different individuals and wrong, for this woman who wants to not shown or provided credible evidence that those accused of underage voting were of serve her constituents to the best of the outcome of the election is other than age; and her ability, and whereas the Commit- Congresswoman Sanchez’s election to the Whereas The Committee on House Over- sight has issued unprecedented subpoenas to tee on House Oversight should com- Congress; and the Immigration and Naturalization Service Whereas I watched Loretta Sanchez be- plete its review of this matter and to compare their records with Orange Coun- come a marvelous, energetic Representative bring this contest to an end. ty voter registration records, the first time of the 46th District of California during the Mr. Speaker, I ask unanimous con- in any election in the history of the United five months she shared my apartment with sent that the form of the resolution ap- States that the INS has been asked by Con- me; and pear in the RECORD at this point. gress to verify the citizenship of voters; and Whereas continuing this never ending at- Whereas the INS has complied with the The SPEAKER pro tempore. Without tack on her election is wrong for this woman objection, the resolution will be in- Committee’s request and, at the Commit- who wants to serve her constituents to the tee’s request, has been doing a manual check cluded for the RECORD. best of her ability; and of its paper files and providing worksheets There was no objection. Whereas, the Committee on House Over- containing supplemental information on The form of the resolution is as fol- sight should complete its review of this mat- that manual check to the Committee on lows: ter and bring this contest to an end and: Now House Oversight for over five months; and Whereas, Loretta Sanchez was issued a cer- therefore be it; Whereas the Committee on House Over- tificate of election as the duly elected Mem- Resolved, That unless the Committee on sight, subpoenaed the records seized by the ber of Congress from the 46th District of House Oversight has sooner reported a rec- District Attorney of Orange County on Feb- California by the Secretary of State of Cali- ommendation for its final disposition, the ruary 13, 1997 and has received and reviewed fornia and was seated by the U.S. House of contest in the 46th District of California is all records pertaining to registration efforts Representatives on January 7, 1997; and dismissed upon the expiration of November 7, of that group; and Whereas A Notice of Contest of Election 1997. Whereas the House Oversight Committee is was filed with the Clerk of the House by Mr. The SPEAKER pro tempore. Without now pursuing a duplicate and dilatory review Robert Dornan on December 26, 1996; and objection, the Chair’s prior statement of materials already in the Committees pos- session by the Secretary of State of Califor- Whereas the Task Force on the Contested will appear in the RECORD at this point. Election in the 46th District of California nia; and There was no objection. Whereas the Task Force on the Contested met on February 26, 1997 in Washington, DC The text of the Chair’s prior state- Election in the 46th District of California on April 19, 1997 in Orange County, California and the Committee have been reviewing and October 24, 1997 in Washington, DC; and ment is as follows: these materials and has all the information Whereas the allegations made by Mr. Rob- Under rule IX, a resolution offered from it needs regarding who voted in the 46th Dis- ert Dornan have been largely found to be the floor by a Member other than the Major- trict and all the information it needs to without merit; charges of improper voting ity Leader or the Minority Leader as a ques- make judgments concerning those votes; and tion of the privileges of the House has imme- from a business, rather than a resident ad- Whereas the Committee on House Over- dress; underage voting; double voting; and diate precedence only at a time designated sight has after nine months of review and in- charges of unusually large number of indi- by the Chair within two legislative days vestigation failed to present credible evi- viduals voting from the same address. It was after the resolution is properly noticed. dence to change the outcome of the election found that voting from the same address in- Pending that designation, the form of the of Congresswoman Sanchez and is pursuing cluded a Marines barracks and the domicile resolution noticed by the gentlewoman from never ending and unsubstantiated areas of of nuns, that business addresses were legal Connecituct will appear in the RECORD at review; and residences for the individuals, including the this point. Whereas, as taxpayers of our nation face zoo keeper of the Santa Ana zoo, that dupli- The Chair will not at this point determine cuts in Medicare, Medicaid, Legal Services, cate voting was by different individuals and whether the resolution constitutes a ques- Section 8 Housing assistance, and other those accused of underage voting were of tion of privilege. That determination will be areas of the social safety net have been age; and made at the time designated for consider- frayed because of these reductions, close to Whereas the Committee on House Over- ation of the resolution. half a million dollars of the people’s money sight has issued unprecedented subpoenas to f have been spent in an investigation that has the Immigration and Naturalization Service resulted in absolutely no proof of fraud, and to compare their records with Orange Coun- ANNOUNCEMENT OF INTENTION TO that the Honorable Loretta Sanchez has been ty voter registration records, the first time OFFER RESOLUTION RAISING duly seated by the State of California to rep- in any election in the history of the United QUESTION OF PRIVILEGES OF resent the 46th Congressional District: Now States that the INS has been asked by Con- THE HOUSE therefore be it gress to verify the citizenship of voters; and Resolved, That unless the Committee on Whereas the INS has complied with the Ms. KILPATRICK. Mr. Speaker, pur- House Oversight has sooner reported a rec- Committee’s request and, at the Commit- suant to clause 2 of rule IX, I hereby ommendation for its final disposition, the H9812 CONGRESSIONAL RECORD — HOUSE October 31, 1997 contest in the 46th District of California is states that the INS has been asked by Con- contest in the 46th District of California is dismissed upon the expiration of November 7, gress to verify the citizenship of voters; and dismissed upon the expiration of November 7, 1997. Whereas the INS has complied with the 1997. Committee’s request and, at the Commit- The SPEAKER pro tempore. Without Ms. STABENOW. Mr. Speaker, I ask objection, the Chair’s prior statement tee’s request, has been doing a manual check of its paper files and providing worksheets unanimous consent that the form of will appear in the RECORD at this point. containing supplemental information on the resolution appear in the RECORD at There was no objection. that manual check to the Committee on this point. The text of the Chair’s prior state- House Oversight for over five months, and ment is as follows: Whereas the Committee on House Over- The SPEAKER pro tempore. Without Under rule IX, a resolution offered from sight, subpoenaed the records seized by the objection, the remainder of the resolu- the floor by a Member other than the Major- District Attorney of Orange County on Feb- tion will be placed in the RECORD. ity Leader or the Minority Leader as a ques- ruary 13, 1997 and has received and reviewed There was no objection. tion of the privileges of the House has imme- all records pertaining to registration efforts diate precedence only at a time designated of that group; and The form of the resolution is as fol- by the Chair within two legislative days Whereas the House Oversight Committee is lows: after the resolution is properly noticed. not pursuing a duplicate and dilatory review Pending that designation, the form of the of materials already in the Committees pos- Whereas, Loretta Sanchez was issued a cer- resolution noticed by the gentlewoman from session by the Secretary of State of Califor- tificate of election as the duly elected Mem- ber of Congress from the 46th District of Michigan will appear in the RECORD at this nia; and point. Whereas the Task Force on the Contested California by the Secretary of California and The Chair will not at this point determine Election in the 46th District of California was seated by the U.S. House of Representa- whether the resolution constitutes a ques- and the Committee have been reviewing tives on January 7, 1997; and tion of privilege. That determination will be these materials and has all the information Whereas A Notice of Contest of Election made at the time designated for consider- it needs regarding who voted in the 46th Dis- was filed with the Clerk of the House by Mr. ation of the resolution. trict and all the information it needs to Robert Dornan on December 26, 1996; and f make judgments concerning those votes; and Whereas the Task Force on the Contested Whereas the Task Force on the Contested Election in the 46th District of California Election in the 46th District of California ANNOUNCEMENT OF INTENTION TO met on February 26, 1997 in Washington, D.C. and the Committee have been reviewing OFFER RESOLUTION RAISING on April 19, 1997 in Orange County, California these materials and has all the information QUESTION OF PRIVILEGES OF and October 24, 1997 in Washington, D.C.; and THE HOUSE it needs regarding who voted in the 46th Dis- trict and all the information it needs to Whereas the allegations made by Mr. Rob- Mrs. THURMAN. Mr. Speaker, pursu- make judgments concerning those votes; and ert Dornan have been largely found to be ant to clause 2 of rule IX, I hereby give Whereas the Committee on House Over- without merit: charges of improper voting notice of my intention to offer a reso- sight has after over nine months of review from a business, rather than a resident ad- lution which raises a question of the and investigation failed to present credible dress; underage voting; double voting; and charges of unusually large number of indi- privileges of the House. evidence to change the outcome of the elec- tion of Congresswoman Sanchez and is pur- viduals voting from the same address. It was Whereas the people of the 46th Dis- suing never ending and unsubstantiated found that voting from the same address in- trict of California deserve an end to areas of review. cluded a Marines barracks and the domicile this uncertainty, and the people of the The SPEAKER pro tempore. Without of nuns, that business addresses were legal United States should not have to ex- objection, the Chair’s prior statement residences for the individuals, including the pend additional funds for an endless in- will appear in the RECORD at this point. zoo keeper of the Santa Ana zoo, that dupli- vestigation. There was no objection. cate voting was by different individuals and Mr. Speaker, I ask unanimous con- The text of the Chair’s prior state- those accused of underage voting were of age; and sent that the form of the resolution ap- ment is as follows: Whereas the Committee on House Over- pear in the RECORD at this point. Under rule IX, a resolution offered from sight has issued unprecedented subpoenas to The SPEAKER pro tempore. Without the floor by a Member other than the Major- the Immigration and Naturalization Service objection, the remainder of the resolu- ity Leader or the Minority Leader as a ques- to compare their records with Orange Coun- tion of the privileges of the House has imme- tion will be placed in the RECORD. ty voter registration records, the first time diate precedence only at a time designated There was no objection. in any election in the history of the United by the Chair within two legislative days The form of the resolution is as fol- States that the INS has been asked by Con- lows: after the resolution is properly noticed. Pending that designation, the form of the gress to verify the citizens of voters; and Whereas, Loretta Sanchez was issued a cer- resolution noticed by the gentlewoman from Whereas the INS has complied with the tificate of election as the duly elected Mem- Florida will appear in the RECORD at this Committee’s request and, at the Commit- ber of Congress from the 46th District of point. tee’s request, has been doing a manual check California by the Secretary of State of Cali- The Chair will not at this point determine of its paper files and providing worksheets fornia and was seated by the U.S. House of whether the resolution constitutes a ques- containing supplemental information on Representatives on January 7, 1997; and tion of privilege. That determination will be that manual check to the Committee on Whereas A Notice of Contest of Election made at the time designated for consider- House Oversight for over five months; and was filed with the Clerk of the House by Mr. ation of the resolution. Robert Dornan on December 26, 1996; and Whereas the Committee on House Over- f Whereas the Task Force on the Contested sight, subpoenaed the records by the District Election in the 46th District of California ANNOUNCEMENT OF INTENTION TO Attorney of Orange County on February 13, met on February 26, 1997 in Washington, D.C. OFFER RESOLUTION RAISING 1997 and has received and reviewed all on April 19, 1997 in Orange County, California records pertaining to registration efforts of QUESTION OF PRIVILEGES OF that group; and and October 24, 1997 in Washington, D.C.; and THE HOUSE Whereas the allegations made by Mr. Rob- Whereas the House Oversight Committee is ert Dornan have been largely found to be Ms. STABENOW. Mr. Speaker, pursu- now persuing a duplicate and dilatory review without merit: charges of improper voting ant to clause 2 of rule IX, I hereby give of materials already in the Committee pos- from a business, rather than a resident ad- notice of my intention to offer a reso- session by the Secretary of State of Califor- dress; underage voting; double voting; and lution which raises a question of the nia; and charges of unusually large number of indi- viduals voting from the same address. It was privileges of the House. Whereas the Task Force on the Contested found that voting from the same address in- The form of the resolution is as fol- Election in the 46th District of California cluded a Marines barracks and the domicile lows: and the Committee have been reviewing of nuns, that business addresses were legal Whereas, the Committee on House Over- these materials and has all the information residences for the individuals, including the sight passed a resolution demanding the U.S. it needs regarding who voted in the 46th Dis- zoo keeper of the Santa Ana zoo, that dupli- attorney to bring criminal charges against a trict and all the information it needs to cate voting was by different individuals and private organization, despite the fact that it make judgements concerning those votes; those accused of underage voting were of is beyond the power of Congress to compel and age; and compliance with subpoenas; and whereas the Whereas the Committee on House Over- Whereas the Committee on House Over- Committee on House Oversight should com- sight has after over nine months of review sight has issued unprecedented subpoenas to plete its review of this matter and bring this and investigation failed to present credible the Immigration and Naturalization Service contest to an end; now therefore be it re- evidence to change the outcome of the elec- to compare their records with Orange Coun- solved that unless the Committee on House tion of Congresswoman Sanchez and it pur- ty voter registration records, the first time Oversight has sooner reported a rec- suing never ending and unsubstantiated of in any election in the history of the United ommendation for its final disposition, the review; and October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9813 Whereas, Contestant Robert Dornan has without merit: charges of improper voting Pending that designation, the form of the not shown or provided credible evidence that from a business, rather than a resident ad- resolution noticed by the gentlewoman from the outcome of the election is other than dress; underage voting; double voting; and Oregon [Ms. HOOLEY] will appear in the Congresswoman Sanchez’s election to the charged of unusually large number of indi- RECORD at this point. Congress; and viduals voting from the same address. It was The Chair will not at this point determine Whereas, the Committee on House Over- found that voting from the same address in- whether the resolution constitutes a ques- sight passed a resolution demanding the U.S. cluded a Marines barracks and the domicile tion of privilege. That determination will be Attorney to bring criminal charges against a of nuns, that business addresses were legal made at the time designated for consider- private organization, despite the fact that it residences for the individuals, including the ation of the resolution. is beyond the power of Congress to compel zoo keeper of the Santa Ana zoo, that dupli- f compliance with subpoenas; and cate voting was by different individuals and Whereas, the Committee on House Over- those accused of underage voting were of b 1000 sight should complete its review of this mat- age; and ANNOUNCEMENT OF INTENTION TO ter and bring this contest to an end and now Whereas the Committee on House Over- therefore be it; sight has issued unprecedented subpoenas to OFFER RESOLUTION RAISING Resolved, That unless the Committee on the Immigration and Naturalization Service QUESTION OF PRIVILEGES OF House Oversight has sooner reported a rec- to compare their records with Orange Coun- THE HOUSE ommendation for its final disposition, the ty voter registration records, the first time Mrs. MEEK of Florida. Mr. Speaker, contest in the 46th District of California is in any election in the history of the United pursuant to clause 2 of rule IX, I here- dismissed upon the expiration of November 7, States that the INS has been asked by Con- 1997. gress to verify the citizenship of voters; and by give notice of my intention to offer The SPEAKER pro tempore. Without Whereas the INS has complied with the a resolution which raises a question of objection, the Chair’s prior statement Committee’s request and, at the Commit- the privileges of the House. tee’s request, has been doing a manual check The form of the resolution is as fol- will appear in the RECORD at this point. There was no objection. of its paper files and providing worksheets lows: containing supplemental information on Whereas, in violation of constitutionally The text of the Chair’s prior state- that manual check to the Committee on ment is as follows: defined separation of powers, principles, the House Oversight for over five months; and Committee on House Oversight passed a res- Under rule IX, a resolution offered from Whereas the Committee on House Over- olution demanding the Department of Jus- the floor by a Member other than the Major- sight, subpoenaed the records seized by the tice to bring criminal charges against an or- ity Leader or the Minority Leader as a ques- District Attorney of Orange County on Feb- ganization of private citizens; and then, Mr. tion of the privileges of the House has imme- ruary 13, 1997 and has received and reviewed Speaker, I ask unanimous consent that the diate precedence only at a time designated all records pertaining to registration efforts remainder of the resolution be considered as by the Chair within two legislative days of that group; and read. after the resolution is properly noticed. Whereas the House Oversight Committee is Pending that designation, the form of the now pursuing a duplicate and dilatory review The SPEAKER pro tempore. Is there resolution noticed by the gentlewoman from of materials already in the Committees pos- objection to the request of the gentle- Michigan will appear in the RECORD at this session by the Secretary of State of Califor- woman from Florida. point. nia; and There was no objection. The Chair will not at this point determine Whereas the Task Force on the Contested The remainder of the resolution is as whether the resolution constitutes a ques- Election in the 46th District of California follows: tion of privilege. That determination will be and the Committee have been reviewing made at the time designated for consider- these materials and has all the information Whereas Loretta Sanchez was issued a cer- ation of the resolution. it needs regarding who voted in the 46th Dis- tificate of election as the duly elected Mem- f trict and all the information it needs to ber of Congress from the 46th District of make the judgements concerning those California by the Secretary of State of Cali- ANNOUNCEMENT OF INTENTION TO votes; and fornia and was seated by the U.S. House of OFFER RESOLUTION RAISING Whereas the Committee on House Over- Representatives on January 7, 1997; and QUESTION OF PRIVILEGES OF sight has after over nine months of review Whereas A Notice of Contest of Election THE HOUSE and investigation failed to present credible was filed with the Clerk of the House by Mr. evidence to change the outcome of the elec- Robert Dornan on December 26, 1996; and Ms. HOOLEY of Oregon. Mr. Speaker, tion of Congresswoman Sanchez and is pur- Whereas the Task Force on the Contested pursuant to clause 2 of rule IX, I here- suing never ending and unsubstantiated Election in the 46th District of California by give notice of my intention to offer areas of review; and met on February 26, 1997 in Washington, D.C, a resolution which raises a question of Whereas, Contestant Robert Dornan has on April 19, 1997 in Orange County, California the privileges of the House. not shown or provided credible evidence that and October 24, 1997 in Washington, D.C.; and Whereas the House Oversight Com- the outcome of the election is other than Whereas the allegations made by Mr. Rob- ert Dornan have been largely found to be mittee has not specified sufficient Congresswoman Sanchez’s election to the Congress; and without merit: charges of improper voting votes to bring into question the cer- Whereas, the House Oversight Committee from a business, rather than a resident ad- tified 984-vote margin by which LORET- has not specified sufficient votes to bring dress; underage voting; double voting; and TA SANCHEZ won her election, and Mr. into question the certified 984-vote margin charged of unusually large number of indi- Speaker, I ask unanimous consent that by which Loretta Sanchez won her election; viduals voting from the same address. It was the form of the resolution appear in and found that voting from the same address in- the RECORD at this point. Whereas, the Committee on House Over- cluded a Marines barracks and the domicile The SPEAKER pro tempore. Without sight should complete its review of this mat- of nuns, that business addresses were legal ter and bring this contest to an end and now residences for the individuals including the objection, the remainder of the resolu- therefore be it; zoo keeper of the Santa Ana zoo, that dupli- tion will be placed in the RECORD. Resolved, That unless the Committee on cate voting was by different individuals and There was no objection. House Oversight has sooner reported a rec- those accused of underage voting were of The form of the resolution is as fol- ommendation for its final disposition, the age; and lows: contest in the 46th District of California is Whereas the Committee on House Over- Whereas Loretta Sanchez was issued a cer- dismissed upon the expiration of November 7, sight has issued unprecedented subpoenas to tificate of election as the duly elected Mem- 1997. the Immigration and Naturalization Service ber of Congress from the 46th District of The SPEAKER pro tempore. Without to compare their records with Orange Coun- California by the Secretary of State of Cali- objection, the Chair’s prior statement ty voter registration records, the first time in any election in the history of the United fornia and was seated by the U.S. House of will appear in the RECORD at this point. States that the INS has been asked by Con- Representatives on January 7, 1997; and There was no objection. Whereas A Notice of Contest of Election gress to verify the citizenship of voters; and was filed with the Clerk of the House by Mr. The text of the Chair’s prior state- Whereas the INS has complied with the Robert Dornan on December 26, 1996; and ment is as follows: Committee’s request and, at the Commit- Whereas the Task Force on the Contested Under rule IX, a resolution offered from tee’s request, has been doing a manual check Election in the 46th District of California the floor by a Member other than the Major- of its paper files and providing worksheets met on February 26, 1997 in Washington, D.C. ity Leader or the Minority Leader as a ques- containing supplemental information on on April 19, 1997 in Orange County, California tion of the privileges of the House has imme- that manual check to the Committee on and October 24, 1997 in Washington, D.C.; and diate precedence only at a time designated House Oversight for over five months; and Whereas the allegations made by Mr. Rob- by the Chair within two legislative days Whereas the Committee on House Over- ert Dornan have been largely found to be after the resolution is properly noticed. sight, subpoenaed the record seized by the H9814 CONGRESSIONAL RECORD — HOUSE October 31, 1997 District Attorney of Orange County on Feb- gress has no power to compel compliance evidence to change the outcome of the elec- ruary 13, 1997 and has received and reviewed with subpoenas; and whereas the Committee tion of Congresswoman Sanchez and is pur- all records pertaining to registration efforts on House Oversight should complete its re- suing never ending and unsubstantiated of that group; and view of this matter and bring this contest to areas of review; and Whereas the House Oversight Committee is an end and now therefore be it. Whereas, Contestant Robert Dornan has now pursuing a duplicate and dilatory review Resolved that unless the Committee on not shown or provided credible evidence that of materials already in the Committees pos- House Oversight has sooner reported a rec- the outcome of the election is other than session by the Secretary of State of Califor- ommendation for its final disposition, the Congresswoman Sanchez’s election to the nia; and contest in the 46th District of California is Congress; and Whereas the Task Force on the Contested dismissed upon the expiration of November 7, Whereas, the House Oversight Committee Election in the 46th District of California 1997. passed a resolution H.Res 244, purporting to and the Committee have been reviewing Mr. Speaker, I ask unanimous con- demand that criminal charges be brought these materials and has all the information sent that the form of the resolution ap- against an organization of private citizens, it needs regarding who voted in the 46th Dis- pear in the RECORD at this point. despite the fact that Congress has no power trict and all the information it needs to The SPEAKER pro tempore. Without to compel compliance with subpoenas; and make the judgements concerning those Whereas, the Committee on House Over- votes; and objection, the resolution will appear in sight should complete its review of this mat- Whereas the Committee on House Over- the RECORD. ter and bring this contest to an end and now sight has after over nine months of review There was no objection. therefore be it; and investigation failed to present credible The text of the resolution is as fol- Resolved, That unless the Committee on evidence to change the outcome of the elec- lows: House Oversight has sooner reported a rec- tion of Congresswoman Sanchez and is pur- Whereas Loretta Sanchez was issued a cer- ommendation for its final disposition, the suing never ending and unsubstantiated tificate of election as the duly elected Mem- contest in the 46th District of California is areas of review; and ber of Congress from the 46th District of dismissed upon the expiration of November 7, Whereas, Contestant Robert Dornan has California by the Secretary of State of Cali- 1997. not shown or provided credible evidence that fornia and was seated by the U.S. House of The SPEAKER pro tempore. Without the outcome of the election is other than Representatives on January 7, 1997; and Congresswoman Sanchez’s election to the objection, the Chair’s prior statement Whereas A Notice of Contest of Election will appear in the RECORD at this point. Congress; and was filed with the Clerk of the House by Mr. Whereas, in violation of Constitutionally- There was no objection. Robert Dornan on December 26, 1996; and defined separation of powers principles, the Whereas the Task Force on the Contested The text of the Chair’s prior state- Committee on House Oversight passed a res- Election in the 46th District of California ment is as follows: olution demanding the Department of Jus- met on February 26, 1997 in Washington, D.C, Under rule IX, a resolution offered from tice to bring criminal charges against an or- on April 19, 1997 in Orange County, California the floor by a Member other than the Major- ganization of private citizens; and and October 24, 1997 in Washington, D.C.; and ity Leader or the Minority Leader as a ques- Whereas, the Committee on House Over- Whereas the allegations made by Mr. Rob- tion of the privileges of the House has imme- sight should complete its review of this mat- ert Dornan have been largely found to be diate precedence only at a time designated ter and bring this contest to an end and now without merit: charges of improper voting by the Chair within two legislative days therefore be it; from a business, rather than a resident ad- after the resolution is properly noticed. Resolved, That unless the Committee on dress; underage voting; double voting; and Pending that designation, the form of the House Oversight has sooner reported a rec- charges of unusually large number of indi- resolution noticed by the gentlewoman from ommendation for its final disposition, the viduals voting from the same address. It was California [Ms. ROYBAL-ALLARD] will appear contest in the 46th District of California is found that voting from the same address in- in the RECORD at this point. dismissed upon the expiration of November 7, cluded a Marines barracks and the domicile The Chair will not at this point determine 1997. of nuns, that business addresses were legal whether the resolution constitutes a ques- The SPEAKER pro tempore. Without residences for the individuals including the tion of privilege. That determination will be objection, the Chair’s prior statement zoo keeper of the Santa Ana zoo, that dupli- made at the time designated for consider- will appear in the RECORD at this point. cate voting was by different individuals and ation of the resolution. those accused of underage voting were of There was no objection. f The text of the Chair’s prior state- age; and ment is as follows: Whereas the Committee on House Over- sight has issued unprecedented subpoenas to PROVIDING FOR CONSIDERATION Under rule IX, a resolution offered from the Immigration and Naturalization Service OF H.R. 2746, HELPING EMPOWER the floor by a Member other than the Major- to compare their records with Orange Coun- LOW-INCOME PARENTS (HELP) ity Leader or the Minority Leader as a ques- ty voter registration records, the first time SCHOLARSHIPS AMENDMENTS tion of the privileges of the House has imme- in any election in the history of the United diate precedence only at a time designated OF 1997 AND H.R. 2616, CHARTER States that the INS has been asked by Con- SCHOOLS AMENDMENTS OF 1997 by the Chair within two legislative days gress to verify the citizenship of voters; and after the resolution is properly noticed. Whereas the INS has complied with the Mrs. MYRICK. Mr. Speaker, by direc- Pending that designation, the form of the Committee’s request and, at the Commit- tion of the Committee on Rules, I call resolution noticed by the gentlewoman from tee’s request, has been doing a manual check up House Resolution 288 and ask for its Florida (Mrs. MEEK) will appear in the of its paper files and providing worksheets immediate consideration. RECORD at this point. containing supplemental information on The Chair will not at this point determine The Clerk read the resolution, as fol- that manual check to the Committee on lows: whether the resolution constitutes a ques- House Oversight for over five months; and tion of privilege. That determination will be Whereas the Committee on House Over- H. RES. 288 made at the time designated for consider- sight, subpoenaed the records seized by the Resolved, That upon the adoption of this ation of the resolution. District Attorney of Orange County on Feb- resolution it shall be in order without inter- f ruary 13, 1997 and has received and reviewed vention of any point of order to consider in ANNOUNCEMENT OF INTENTION TO all records pertaining to registration efforts the House the bill (H.R. 2746) to amend title of that group; and VI of the Elementary and Secondary Edu- OFFER RESOLUTION RAISING Whereas the House Oversight Committee is cation Act of 1965 to give parents with low- QUESTION OF PRIVILEGES OF now pursuing a duplicate and dilatory review incomes the opportunity to choose the ap- THE HOUSE of materials already in the Committees pos- propriate school for their children. The bill Ms. ROYBAL-ALLARD. Mr. Speaker, session by the Secretary of State of Califor- shall be considered as read for amendment. pursuant to clause 2 of rule IX, I here- nia; and The bill shall be debatable for two hours Whereas the Task Force on the Contested equally divided and controlled by the chair- by give notice of my intention to offer Election in the 46th District of California man and ranking minority member of the a resolution which raises a question of and the Committee have been reviewing Committee on Education and the Workforce. the privileges of the House. these materials and has all the information The previous question shall be considered as The form of the resolution is as fol- it needs regarding who voted in the 46th Dis- ordered on the bill to final passage without lows: trict and all the information it needs to intervening motion except one motion to re- Whereas the Committee on House Over- make the judgements concerning those commit. sight passed a resolution, House Resolution votes; and SEC. 2. After disposition of the bill (H.R. 244, purporting to demand that criminal Whereas the Committee on House Over- 2746), the Speaker may, pursuant to clause charges be brought against an organization sight has after over nine months of review 1(b) of rule XXIII, declare the House resolved of private citizens, despite the fact that Con- and investigation failed to present credible into the Committee of the Whole House on October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9815 the state of the Union for consideration of North Carolina [Mrs. MYRICK] is recog- consideration of the Nuclear Waste the bill (H.R. 2616) to amend titles VI and X nized for 1 hour. Policy Act which was never used. This of the Elementary and Secondary Education Mrs. MYRICK. Madam Speaker, for small provision in House Resolution 288 Act of 1965 to improve and expand charter the purposes of debate only, I yield the schools. The first reading of the bill shall be is a technical committee cleanup pro- dispensed with. General debate shall be con- customary 30 minutes to the gen- cedure and has no bearing on the con- fined to the bill and shall not exceed one tleman from Ohio [Mr. HALL], pending sideration of H.R. 2746 or H.R. 2616. hour equally divided and controlled by the which I yield myself such time as I Mr. Speaker, I want to be clear about chairman and ranking minority member of may consume. During consideration of what will happen if this resolution is the Committee on Education and the this resolution, all time yielded is for passed. It will allow for separate con- Workforce. After general debate the bill the purpose of debate only. sideration of the HELP Scholarships shall be considered for amendment under the five-minute rule. It shall be in order to con- Mr. Speaker, Wednesday, the Com- bill and the Charter Schools bill. Each sider as an original bill for the purpose of mittee on Rules met and reported bill would be debated under separate amendment under the five-minute rule the House Resolution 288, which will pro- rules. If they both pass, they will be amendment in the nature of a substitute rec- vide a rule for consideration of two put together in a package and sent to ommended by the Committee on Education bills before us today. The first is a the other body for consideration. and the Workforce now printed in the bill. closed rule for the consideration of Members will have an opportunity to The committee amendment in the nature of H.R. 2746, the HELP Scholarships vote individually on each bill. This res- a substitute shall be considered as read. Be- fore consideration of any other amendment Amendments Act of 1997. olution merely allows us to take them it shall be in order to consider the amend- That rule provides for 2 hours of de- both up today. ment printed in the report of the Committee bate on the bill, equally divided and Mr. Speaker, this resolution is not a on Rules accompanying this resolution, if of- controlled by the chairman and rank- vote on vouchers as some may lead fered by Representative Goodling of Penn- ing minority member of the Committee Members to believe. It is a vote to de- sylvania or his designee. That amendment on Education and the Workforce. The termine if this body wants to bring shall be considered as read, shall be debat- rule provides one motion to recommit. these two important bills to the floor able for ten minutes equally divided and con- trolled by the proponent and an opponent, The second bill in the resolution, for a debate. I hope my colleagues sup- shall not be subject to amendment, and shall H.R. 1616, the Charter Schools Amend- port this resolution so that we can not be subject to a demand for division of the ments of 1997, will be considered under have an important debate about edu- question in the House or in the Committee of an open rule. The rule provides for 1 cation in America. the Whole. If that amendment is adopted, hour of general debate equally divided During consideration of House Reso- the committee amendment in the nature of a and controlled by the chairman and lution 288 in the Committee on Rules, substitute, as amended, shall be considered ranking minority member of the Com- there was some discussion about the as the original bill for the purpose of further amendment. During consideration of the bill mittee on Education and the way the HELP Scholarships bill is for further amendment, the Chairman of the Workforce. It further makes in order a being brought to the floor. I would like Committee of the Whole may accord priority Committee on Education and the to take this opportunity to explain the in recognition on the basis of whether the Workforce amendment in the nature of reason for this process, and I plan to Member offering an amendment has caused a substitute as an original bill for the yield time to the gentleman from Cali- it to be printed in the portion of the Con- purpose of amendment which shall be fornia [Mr. RIGGS], the chairman of the gressional Record designated for that pur- pose in clause 6 of rule XXIII. Amendments considered as read. Subcommittee on Early Childhood, so printed shall be considered as read. The A manager’s amendment printed in Youth and Families, which has juris- Chairman of the Committee of the Whole the report of the Committee on Rules, diction over this matter, so that he may: (1) postpone until a time during further if offered by the gentleman from Penn- may offer further clarification about consideration in the Committee of the Whole sylvania [Mr. GOODLING], the chairman, the process which brought the HELP a request for a recorded vote on any amend- or his designee, is made in order by the Scholarships to the floor. ment; and (2) reduce to five minutes the min- rule. That amendment is considered as When the Charter Schools bill was imum time for electronic voting on any post- poned question that follows another elec- read, is not subject to amendment or to being crafted, the original intent was tronic vote without intervening business, a division of the question, is debatable to add HELP Scholarships to the bill as provided that the minimum time for elec- for 10 minutes, equally divided between an amendment. However, the Charter tronic voting on the first in any series of a proponent and an opponent, and if Schools bill evolved as a very biparti- questions shall be fifteen minutes. At the adopted is considered as part of the san one, particularly due to the hard conclusion of consideration of the bill for base text for further amendment pur- work of the gentleman from Indiana amendment the Committee shall rise and re- poses. [Mr. ROEMER]. Thus, in the spirit of bi- port the bill to the House with such amend- ments as may have been adopted. Any Mem- The Chair may give priority recogni- partisanship, the decision was made to ber may demand a separate vote in the tion to Members who have preprinted not offer the HELP Scholarships lan- House on any amendment adopted in the their amendments in the CONGRES- guage as an amendment. Committee of the Whole to the bill or to the SIONAL RECORD. Votes may be post- Today we are again going to debate amendment in the nature of a substitute poned during consideration of the bill the future of education in America. I made in order as original text. The previous and reduced to 5 minutes if the post- believe that it is the duty of all Ameri- question shall be considered as ordered on cans to ensure our children are well the bill and amendments thereto to final poned vote follows a 15-minute vote. passage without intervening motion except One motion to recommit with or with- educated and prepared for the future. I one motion to recommit with or without in- out instructions is provided. also believe that low-income families structions. House Resolution 288 further provides should have the same opportunity to SEC. 3. (a) In the engrossment of H.R. 2616, in the engrossment of H.R. 2616, the send their children to safe, effective the Clerk shall— Clerk shall add the text of H.R. 2746 as schools as rich families. This is about (1) add the text of H.R. 2746, as passed by passed by the House, as a new matter children. the House, as new matter at the end of H.R. The crisis in American education 2616; at the end of H.R. 2616, and make con- (2) conform the title of H.R. 2616 to reflect forming and designation changes with- today especially affects children in ele- the addition of the text of H.R. 2746 to the in the engrossment. mentary and secondary education. The engrossment; Following engrossment, H.R. 2746 education system is failing them and (3) assign appropriate designations to pro- shall be laid on the table. That is, leaving too many children unprepared visions within the engrossment; and should the HELP Scholarships bill pass for the future. (4) conform provisions for short titles with- today, it will be combined with the Mr. Speaker, I ask my colleagues to in the engrossment. Charter Schools bill, provided that it consider the following: 40 percent of all (b) Upon the addition of the text of H.R. 2746 to the engrossment of H.R. 2616, H.R. passes, when it is sent to the other 10-year-olds cannot meet basic literacy 2746 shall be laid on the table. body. standards; eighth graders recently SEC. 4. House Resolution 280 is laid on the The final section of House Resolution placed 28th in the world in math and table. 288 provides that House Resolution 280 science skills; over 60 percent of 17- The SPEAKER pro tempore (Mrs. is laid on the table. House Resolution year-olds cannot read as well as they EMERSON). The gentlewoman from 280 is a resolution providing for the should; and 2,000 acts of violence take H9816 CONGRESSIONAL RECORD — HOUSE October 31, 1997 place in schools every day. Children in The best part about programs like vide a high degree of fiscal autonomy, Los Angeles are taught a drill to pro- HELP Scholarships is that they work. allow for increases in the number of tect themselves at the sound of gun- Elementary school students in Milwau- charter schools from year to year and fire, and almost one-third of freshmen kee who participated in the Nation’s provide for accountability. It also in- entering college require some sort of first school voucher program scored creases the number of years a charter remedial instruction. higher in reading and math than those school can get a grant from 3 to 5 We have a moral obligation to fix who stayed in public schools. years. This bill also stipulates that 95 these problems and without bold new b 1015 percent of the Federal charter schools ideas and innovative solutions we money goes to State and local level. never will. The school choice option we are of- That way we can be sure the Federal The first bill, H.R. 2746, the Helping fering today is steadily gaining support bureaucracy is not wasting money that Empower Low-Income Parents Scholar- across the Nation. A survey conducted is intended for the kids. ships Amendment Act of 1997, is a very by USA Today, CNN, and Gallup poll Finally, the bill directs the Secretary controversial issue, but one I whole- found that 54 percent of Americans fa- of Education to make sure that charter heartedly support. The bill empowers vored vouchers. A majority of the schools are on level ground so that low-income parents living in poverty- grassroots organizations supporting they will receive their fair share of stricken areas to send their children to education vouchers and school choice Federal categorical aid such as title I the best schools that they see fit. Spe- programs are from minority commu- and special education funding. The cifically, it permits State educational nities. Secretary is also directed to assist agencies and local educational agencies A survey conducted by the joint cen- charter schools in accessing private to use their title VI education block ter for political and economic studies capital. grant funds for public and private found that 57 percent of African-Ameri- I am excited about both of the bills school choice at the State and local cans supported school vouchers for this resolution brings to the floor, and levels, and this is purely voluntary. In public, private, or parochial school. I know that many of my colleagues do order to access these funds, the State This is not surprising since black chil- not share my enthusiasm. They have legislature must enact school choice dren in urban areas are the most en- had philosophical disagreements with legislation. The bill further stipulates dangered by the failures of public edu- the intent of these new and innovative that the school choice program would cation. In fact, support among African ideas. This resolution accommodates be in low-income communities and be Americans for education reform is fast them. It allows for a separate vote on limited to low-income families. outstripping the growth of enthusiasm each bill. It allows them to vote their Last week, we passed a bill that al- among whites. conscience without having to com- lows families to use money from an The argument that public education promise their philosophical beliefs. I education savings account for school- is the greatest equalizer is unfortu- urge my colleagues to support House related expenses. Many people opposed nately falling on deaf ears in the poor- to the bill said that their opposition Resolution 288 so that we may have a est neighborhoods. That is where the spirited debate on the important issues was based on the fact that it would not schools are the worst. Large numbers benefit the poor. Well, I did not agree facing America’s families. of public schools in these areas are ex- Madam Speaker, I reserve the bal- with them on that issue; they now have clusive and segregated. Ironically, pri- an opportunity to vote on a bill that is ance of my time. vate religious schools in many urban Mr. HALL of Ohio. Madam Speaker, I designed specifically for the poor. I areas are more consistent with the yield such time as she may consume to hope that they will join me in support original concept of public education the gentlewoman from Missouri [Ms. of this bill and will empower the very bringing together children of widely CCARTHY]. people they claimed to defend last M differing social and economic back- (Ms. MCCARTHY asked and was week. grounds. The HELP scholarships will Mr. Speaker, others have raised ques- given permission to proceed out of allow more of these children to get the tions about the constitutionality of order.) quality education they deserve. They HELP Scholarships. As long as the de- ANNOUNCEMENT OF INTENTION TO OFFER RESO- very well may be the real equalizer of cision about where the funds are spent LUTION RAISING QUESTION OF PRIVILEGES OF the future. THE HOUSE is in the hands of individual students This resolution also grants a rule for or parents, and as long as the program Ms. MCCARTHY of Missouri. Madam consideration of H.R. 2616, the Charter does not discriminate, a choice plan is Speaker, pursuant to clause 2 of rule Schools Amendment Act of 1997. This is likely to survive a constitutional chal- IX, I hereby give notice of my inten- somewhat less controversial. It enjoys lenge. tion to offer a resolution which raises a The Federal Government already pro- broad bipartisan support and also de- question of the privileges of House. vides grants to students at private and serves the support of all my colleagues. I ask unanimous consent that the religious colleges. Pell grants are Charter schools are innovative public form of the resolution appear in the awarded to college students based on schools which are set free from burden- RECORD at this point. financial needs and Pell grants are ac- some regulations and held accountable The SPEAKER pro tempore (Mrs. cepted at numerous private and reli- for their results. Since the inception of EMERSON). Is there objection to the re- gious schools. I have heard many of my charter schools in Minnesota 6 years, quest of the gentlewoman from Mis- colleagues fight hard for Pell grants, ago the idea has swept the Nation. Cur- souri? and I hope that those same people will rently, 29 States, the District of Co- There was no objection. come to the floor today and support a lumbia and Puerto Rico have charter The form of the resolution is as fol- similar idea that will allow students schools. Though this is a new concept, lows: based on financial need the same op- it is helping to transform public edu- Whereas, Loretta Sanchez was issued a cer- cation in a way that is beneficial to the tificate of election as the duly elected Mem- portunity for elementary and second- ber of Congress from the 46th District of ary education. children that attend them. Parental satisfaction is high, students are eager California by the Secretary of State of Cali- In addition to Pell grants, the Fed- fornia and was seated by the U.S. House of eral Government allows the GI bill to to learn, teachers can enjoy their jobs Representatives on January 7, 1997; and cover tuition at seminaries. That is again, administrators are freed from Whereas A Notice of Contest of Election Federal money going to religious edu- the shackles of suffocating regulation, was filed with the Clerk of the House by Mr. cation, not just to a religious school. I and more money is getting to the class- Robert Dornan on December 26, 1996; and do not hear any of my colleagues clam- room where it belongs. Whereas the Task Force on the Contested oring to take this ability away from re- In light of this success, we need to Election in the 46th District of California expand the current program so that we met on February 26, 1997 in Washington, cipients of the GI bill. D.C., on April 19, 1997 in Orange County, I ask my colleagues, is that not Fed- can reach more children in more com- California and October 24, 1997 in Washing- eral money? Is that not money going to munities. This bill is a good one that ton, D.C.; and private and religious schools? What is carefully targets the new money. It di- Whereas the allegations made by Mr. Rob- the difference? rects money to those States that pro- ert Dornan have been largely found to be October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9817 without merit: charges of improper voting woman from Missouri will appear in Clay or his designee, which shall be in order from a business, rather than a resident ad- the RECORD at this point. without intervention of any point of order or dress; underage voting; double voting; and The Chair will not at this point de- demand for division of the question, shall be charges of unusually large number of indi- termine whether the resolution con- considered as read and shall be separately viduals voting from the same address. It was debatable for sixty minutes equally divided found that voting from the same address in- stitutes a question of privilege. That and controlled by the proponent and an op- cluded a Marines barracks and the domicile determination will be made at the time ponent and 2)’’ of nuns, that business addresses were legal designated for consideration of the res- At the end of the resolution add the follow- residences for the individuals including the olution. ing new section: zoo keeper of the Santa Ana zoo, that dupli- (Mr. HALL of Ohio asked and was ‘‘Sec. (see accompanying text of Clay substitute)’’ cate voting was by different individuals and given permission to revise and extend Strike Section 3 and renumber Section 4. those accused of underage voting were of his remarks.) age; and Mr. HALL of Ohio. Madam Speaker, I Amendment in the Nature of a Substitute to H.R. Whereas the Committee on House Over- 2746 yield myself such time as I may sight has issued unprecedented subpoenas to Offered by Mr. Clay of Missouri consume. the Immigration and Naturalization Service Strike all after the enacting clause and in- to compare their records with Orange Coun- I thank my colleague from North sert the following: ty voter registration records, the first time Carolina [Mrs. MYRICK] for yielding TITLE I—GENERAL PROVISIONS in any election in the history of the United this time to me. States that the INS has been asked by Con- This resolution in my opinion is a PART 1—PROGRAM AUTHORIZED FINDINGS AND PURPOSE gress to verify the citizenship of voters; and hybrid rule. It provides for the consid- SEC. 101. FINDINGS AND PURPOSE. Whereas the INS has complied with the eration of H.R. 2746, which is the Help- Committee’s request and, at the Commit- (a) FINDINGS.—The Congress finds the fol- tee’s request, has been doing a manual check ing Empower Low-Income Parents lowing: of its paper files and providing worksheets Scholarship Amendments of 1997 under (1) According to the General Accounting containing supplemental information on a closed rule. The resolution also pro- Office, one-third of all elementary and sec- that manual check to the Committee on vides for the consideration of H.R. 2616, ondary schools in the United States, serving House Oversight for over five months; and the Charter Schools Amendments of 14,000,000 students, need extensive repair or Whereas the Committee on House Over- 1997. This is under an open rule. renovation. sight, subpoenaed the record seized by the H.R. 2746 permits title VI education (2) 7,000,000 children attend schools with life safety code problems. District Attorney of Orange County on Feb- block grant funds to pay for edu- ruary 13, 1997 and has received and reviewed (3) School infrastructure problems exist all records pertaining to registration efforts cational vouchers that low-income par- across the country in urban and nonurban of that group; and ents can use at public or private schools; at least 1 building is in need of ex- Whereas the House Oversight Committee is schools. H.R. 2616 authorizes funds to tensive repair or replacement in 38 percent of now pursuing a duplicate and dilatory review start up charter schools. urban schools, 30 percent of rural schools, of materials already in the Committee’s pos- As my colleague from North Carolina and 29 percent of suburban schools. session by the Secretary of State of Califor- has described, this rule provides 2 (4) Many States and school districts will nia; and hours of general debate for H.R. 2746, need to build new schools in order to accom- Whereas the Task Force on the Contested modate increasing student enrollments; the Election in the 46th District of California and 1 hour for H.R. 2616. H.R. 2746 was introduced just 2 days Department of Education has predicted that and the Committee have been reviewing the Nation will need 6,000 more schools by these materials and has all the information ago. There were no hearings, commit- the year 2006. it needs regarding who voted in the 46th Dis- tee markups, or committee reports. (5) Many schools do not have the physical trict and all the information it needs to This closed rule effectively guarantees infrastructure to take advantage of comput- make the judgements concerning those that no Member will have a chance to ers and other technology needed to meet the votes; and offer amendments. challenges of the next century. Whereas the Committee on House Over- Madam Speaker, the use of public (6) While school construction and mainte- sight has after over nine months of review money for educational vouchers that nance are primarily a State and local con- and investigation failed to present credible can be used in private schools is a very cern, States and communities have not, on evidence to change the outcome of the elec- their own, met the increasing burden of pro- tion of Congresswoman Sanchez and is pur- dominant issue facing our country viding acceptable school facilities for all stu- suing never ending and unsubstantiated today and facing public education, es- dents, and low-income communities have areas of review; and pecially. It is very controversial. Pas- had the greatest difficulty meting this need. Whereas, Contestant Robert Dornan has sions run deep on both sides. To con- (7) The Federal Government, by providing not shown or provided credible evidence that sider a bill on this subject with no interest subsidies and similar types of sup- the outcome of the election is other than hearings, no committee action, and no port, can lower the costs of State and local Congresswoman Sanchez’s election to the school infrastructure investment, creating Congress; and amendments on the House floor shows disrespect for the democratic process an incentive for States and localities to in- Whereas, on Committee on House Over- crease their own infrastructure improvement sight has demanded that the Justice Depart- and contempt for Members who want efforts and helping ensure that all students ment bring criminal charges against to help shape this important legisla- are able to attend schools that are equipped Hermandad Mexicana Nacional, even tion. for the 21st century. through it is beyond the Constitutionally-de- Madam Speaker, I urge Members to (b) PURPOSE.—The purpose of this title is fined powers of Congress to compel compli- defeat the previous question and if the to provide Federal interest subsidies, or ance with subpoenas; and previous question is defeated, I will similar assistance, to States and localities Whereas, the Committee on House Over- to help them bring all public school facilities sight should complete its review of this mat- offer an amendment to make in order a substitute bill offered by the gen- up to an acceptable standard and build the ter and bring this contest to an end and now additional public schools needed to educate therefore be it; tleman from Missouri [Mr. CLAY], the additional numbers of students who will Resolved, That unless the Committee on ranking minority member of the Com- enroll in the next decade. House Oversight has sooner reported a rec- mittee on Education and the SEC. 102. DEFINITIONS. ommendation for its final disposition, the Workforce. Only by defeating the pre- Except as otherwise provided, as used in contest in the 46th District of California is vious question will the gentleman from this title, the following terms have the fol- dismissed upon the expiration of November 7, lowing meanings: 1997. Missouri [Mr. CLAY] have the oppor- (1) COMMUNITY SCHOOL.—The term ‘‘com- The SPEAKER pro tempore. Under tunity to amend this act. I urge Members to vote ‘‘no’’ on the munity school’’ means a school facility, or rule IX a resolution offered from the part of a school facility, that serves as a cen- previous question. floor by a Member other than the ma- ter for after-school and summer programs Madam Speaker, I include for the jority leader or minority leader as a and delivery of education, tutoring, cultural, RECORD the following: question of the privileges of the House and recreational services, and as a safe TEXT OF PREVIOUS QUESTION AMENDMENT TO has immediate precedence only at a haven for all members of the community H. RES. 288 H.R. 2746 (H.E.L.P.)—H.R. 2616 by— time designated by the Chair within 2 (CHARTER SCHOOLS) (A) collaborating with other public and pri- legislative days after the resolution is On page 2, line 13 of H. Res. 288 after ‘‘ex- vate nonprofit agencies (including libraries properly noticed. cept’’ insert the following: and other educational, human-service, cul- Pending that designation, the form of ‘‘ 1) the amendment printed in sec. of tural, and recreational entities) and private the resolution noticed by the gentle- this resolution if offered by Representative businesses in the provision of services; H9818 CONGRESSIONAL RECORD — HOUSE October 31, 1997 (B) providing services such as literacy and wealth of the Northern Mariana Islands, in financing instruments described in subpara- reading programs, senior citizen programs, accordance with their respective needs, as graph (A). children’s day care services; nutrition serv- determined by the Secretary. (4) Other State and local expenditures ap- ices, services for individuals with disabil- (2) Grants provided under subsection proved by the Secretary that leverage funds ities, employment counseling, training, and (b)(1)(B) shall be used for activities that the for additional school construction. placement, and other educational, health, Secretary determines best meet the school SEC. 114. ELIGIBLE CONSTRUCTION PROJECTS; cultural, and recreational services; and infrastructure needs of the areas identified PERIOD FOR INITIATION (C) providing those services outside the in that paragraph, subject to the terms and (a) ELIGIBLE PROJECTS.—States and their normal school day and school year, such as conditions, consistent with the purpose of subgrantees may use funds under this part, through safe and drug-free safe havens for this title, that the Secretary may establish. in accordance with section 113, to subsidize learning. PART 2—GRANTS TO STATES the cost of— (2) CONSTRUCTION.—(A) The term ‘‘con- SEC. 111. ALLOCATION OF FUNDS. (1) construction of elementary and second- struction’’ means— (a) FORMULA GRANTS TO STATES.—Subject ary school facilities in order to ensure the (i) the preparation of drawings and speci- to subsection (b), the Secretary shall allo- health and safety of all students, which may fications for school facilities; cate the funds available under section include the removal of environmental haz- (ii) erecting, building, acquiring, remodel- 104(a)(1) among the States in proportion to ards, improvements in air quality, plumbing, ing, renovating, improving, repairing, or ex- the relative amounts each State would have lighting, heating, and air conditioning, elec- tending school facilities; received for Basic Grants under subpart 2 of trical systems, or basic school infrastruc- (iii) demolition in preparation for rebuild- part A of title I of the Elementary and Sec- ture, and building improvements that in- ing school facilities; and ondary Education Act of 1965 (20 U.S.C. 6331 crease school safety; (iv) the inspection and supervision of the et seq.) for the most recent fiscal year if the (2) construction activities needed to meet construction of school facilities. Secretary had disregarded the numbers of the requirements of section 504 of the Reha- (B) The term ‘‘construction’’ does not in- children counted under that subpart who bilitation Act of 1973 (29 U.S.C. 794) or of the clude the acquisition of any interest in real were enrolled in schools of local educational Americans with Disabilities Act of 1990 (42 property. agencies that are eligible to receive direct U.S.C. 12101 et seq.); (3) LOCAL EDUCATIONAL AGENCY.—The term grants under section 126 of this title. (3) construction activities that increase ‘‘local educational agency’’ has the meaning (b) ADJUSTMENTS TO ALLOCATIONS.—The the energy efficiency of school facilities; given that term in section 14101(18) (A) and Secretary shall adjust the allocations under (4) construction that facilitates the use of (B) of the Elementary and Secondary Edu- subsection (a), as necessary, to ensure that, modern educational technologies; cation Act of 1965 (20 U.S.C. 8801(18) (A) and of the total amount allocated to States (5) construction of new school facilities (B)). under subsection (a) and to local educational that are needed to accommodate growth in (4) SCHOOL FACILITY.—(A) The term ‘‘school agencies under section 126, the percentage al- school enrollments; or facility’’ means— located to a State under this section and to (6) construction projects needed to facili- (i) a public structure suitable for use as a localities in the State under section 126 is at tate the establishment of community classroom, laboratory, library, media center, least the minimum percentage for the State schools. described in section 1124(d) of the Elemen- or related facility, whose primary purpose is (b) PERIOD FOR INITIATION OF PROJECT.—(1) tary and Secondary Education Act of 1965 (20 the instruction of public elementary or sec- Each State shall use its grant under this U.S.C. 6334(d)) for the previous fiscal year. ondary students; and part only to subsidize construction projects (c) REALLOCATIONS.—If a State does not (ii) initial equipment, machinery, and util- apply for its allocation, applies for less than described in subsection (a) that the State or ities necessary or appropriate for school pur- its full allocation, or fails to submit an ap- its localities have chosen to initiate, poses. provable application, the Secretary may re- through the vote of a school board, passage (B) The term ‘‘school facility’’ does not in- allocate all or a portion of the State’s allo- of a bond issue, or similar public decision, clude an athletic stadium, or any other cation, as the case may be, to the remaining made between July 11, 1996 and September structure or facility intended primarily for States in the same proportions as the origi- 30, 2001. athletic exhibitions, contests, games, or nal allocations were made to those States (2) If a State determines, after September events for which admission is charged to the under subsections (a) and (b). 30, 2001, that an eligible project for which it general public. SEC. 112. STATE ADMINISTRATION. has obligated funds under this part will not (5) SECRETARY.—The term ‘‘Secretary’’ The Secretary shall award each State’s be carried out, the State may use those means the Secretary of Education. grant to the State educational agency to ad- funds (or any available portion of those (6) STATE.—The term ‘‘State’’ means each minister the State grant, or to another pub- funds) for other eligible projects selected in of the 50 States and the Commonwealth of lic agency in the State designated by the accordance with this part. Puerto Rico. State educational agency if the State edu- (c) REALLOCATION.—If the Secretary deter- (7) STATE EDUCATIONAL AGENCY.—The term cational agency determines that the other mines, by a date before September 30, 2001, ‘‘State educational agency’’ has the meaning agency is better able to administer the State selected by the Secretary, that a State is not given that term in section 14101(28) of the El- grant. making satisfactory progress in carrying out ementary and Secondary Education Act of SEC. 113. ALLOWABLE USES OF FUNDS. its plan for the use of the funds allocated to 1965 (20 U.S.C. 8801(28)). Each State shall use its grant under this it under this part, the Secretary may reallo- SEC. 103. AUTHORIZATION OF APPROPRIATIONS. part only for 1 or more of the following ac- cate all or part of those funds, including any There are authorized to be appropriated to tivities to subsidize the cost of eligible interest earned by the State on those funds, carry out this title $5,000,000,000 for fiscal school construction projects described in to 1 or more other States that are making year 1998 and such sums as may be necessary section 114: satisfactory progress. for each succeeding fiscal year. (1) Providing a portion of the interest cost SEC. 115. SELECTION OF LOCALITIES AND SEC. 104. ALLOCATION OF FUNDS. (or of another financing cost approved by the PROJECTS. (a) ALLOCATION OF FUNDS.—Of the amounts Secretary) on bonds, certificates of partici- (a) PRIORITIES.—In determining which lo- appropriated to carry out this title, the Sec- pation, purchase or lease arrangements, or calities and activities to support with grant retary shall make available— other forms of indebtedness issued or entered funds, each State shall give the highest pri- (1) 49 percent of such amounts for formula into by a State or its instrumentality for the ority to localities with the greatest needs, as grants to States under section 111; purpose of financing eligible projects. demonstrated by inadequate educational fa- (2) 34 percent of such amounts for direct (2) State-level expenditures approved by cilities (particularly facilities that pose a formula grants to local educational agencies the Secretary for credit enhancement for the threat to the health and safety of students), under section 126; debt or financing instruments described in coupled with a low level of resources avail- (3) 15 percent of such amounts for competi- paragraph (1). able to meet school construction needs. tive grants to local educational agencies (3) Making subgrants, or making loans (b) ADDITIONAL CRITERIA.—In addition to under section 127; and through a State revolving fund, to local edu- the priorities required by subsection (a), (4) 2 percent of such amounts to provide as- cational agencies or (with the agreement of each State shall consider each of the follow- sistance to the Secretary of the Interior as the affected local educational agency) to ing in determining the use of its grant funds provided in subsection (b). other qualified public agencies to subsidize— under this part: (b) RESERVATION FOR THE SECRETARY OF (A) the interest cost (or another financing (1) The age and condition of the school fa- THE INTERIOR AND THE OUTLYING AREAS.— cost approved by the Secretary) of bonds, cilities in different communities in the (1) Funds allocated under subsection (a)(4) certificates of participation, purchase or State. to provide assistance to the Secretary of the lease arrangements, or other forms of indebt- (2) The energy efficiency and the effect on interior shall be used— edness issued or entered into by a local edu- the environment of projects proposed by (A) for the school construction priorities cational agency or other agency or unit of communities, and the extent to which these described in section 1125(c) of the Education local government for the purpose of financ- projects use cost-efficient architectural de- Amendments of 1978 (25 U.S.C. 2005(c)); and ing eligible projects; or sign. (B) to make grants to American Samoa, (B) local expenditures approved by the Sec- (3) The commitment of communities to fi- Guam, the Virgin Islands, and the Common- retary for credit enhancement for the debt or nance school construction and renovation October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9819 projects with assistance from the State’s State, and the localities receiving subgrants, SEC. 118. SEPARATE FUNDS OR ACCOUNTS; PRU- grant, as demonstrated by their incurring in- would spend on school construction and ren- DENT INVESTMENT debtedness or by similar public or private ovation in the absence of a grant under this (a) SEPARATE FUNDS OR ACCOUNTS RE- commitments for the purposes described in part, and not to supplant those funds; QUIRED.—Each State that receives a grant, section 114(a). (8) an assurance that, during the 4-year pe- and each recipient of a subgrant under this (4) The ability of communities to repay riod beginning with the year the State re- part, shall deposit the grant or subgrant pro- bonds or other forms of indebtedness sup- ceives its grant, the average annual com- ceeds in a separate fund or account, from ported with grant funds. bined expenditures for school construction which it shall make bond repayments and (5) The particular needs, if any, of rural by the State and the localities that benefit pay other expenses allowable under this part. communities in the State for assistance form the State’s program under this part (b) PRUDENT INVESTMENT REQUIRED.—Each under this title. (which, at the State’s option, may include State that receives a grant, and each recipi- ent of a subgrant under this part, shall— (c) INELIGIBILITY FOR PART 2 SUBGRANTS.— private contributions) will be at least 125 Local educational agencies in the State that percent of the average of those annual com- (1) invest the grant or subgrant in a fis- receive direct grants under section 126 shall bined expenditures for that purpose during cally prudent manner, in order to generate be ineligible for a subgrant under this part. the 8 preceding years; and amounts needed to make repayments on SEC. 116. STATE APPLICATIONS. (9) other information and assurances that bonds and other forms of indebtedness de- (a) APPLICATION REQUIRED.—A State that the Secretary may require. scribed in section 113; and wishes to receive a grant under this part (2) notwithstanding section 6503 of title 31, (e) WAIVER OF REQUIREMENT TO INCREASE shall submit through its State educational United States Code, or any other law, use the EXPENDITURES.—The Secretary may waive or agency, or through an alternative agency de- proceeds of that investment to carry out this scribed in section 112, an application to the modify the requirement of subsection (d)(8) part. Secretary, in the manner the Secretary may for a particular State if the State dem- SEC. 119. STATE REPORTS. require, not later than 2 years after the date onstrates to the Secretary’s satisfaction (a) REPORTS REQUIRED.—Each State receiv- of enactment of this Act. that that requirement is unduly burdensome ing a grant under this part shall report to (b) DEVELOPMENT OF APPLICATION.—The because the State or its localities have in- the Secretary on its activities under this State educational agency or alternative curred particularly high level of school con- part, in the form and manner the Secretary agency described in section 12, shall develop struction expenditures during the previous 8 may prescribe. the State’s application under this part only years. (b) CONTENTS.—Each report shall— (1) describe the State’s implementation of after broadly consulting with the State SEC. 117. AMOUNT OF FEDERAL SUBSIDY. board of education, and representatives of this part, including how the State has met local school boards, school administrators, (a) PROJECTS FUNDED WITH SUBGRANTS.— the requirements of this part; and business community, parents, and teach- For each construction project assisted by a (2) identify the specific school facilities ers in the State about the best means of car- State through a subgrant to a locality, the constructed, renovated, or modernized with rying out this part. State shall determine the amount of the support from the grant, and the mechanisms (c) STATE SURVEY.—(1) Before submitting Federal subsidy under this part, taking into used to finance those activities; the State’s application, the State edu- account the number or percentage of chil- (3) identify the level of Federal subsidy cational agency or alternative agency de- dren from low-income families residing in provided to each construction project carried scribed in section 112, with the involvement the locality, subject to the following limits: out with support from the State’s grant; and of local school officials and experts in build- (1) If the locality will use the subgrant to (4) include any other information the Sec- ing construction and management, shall sur- help meet the costs of repaying bonds issued retary may require. vey the needs throughout the State (includ- for a school construction project, the Fed- (c) FREQUENCY.—(1) Each State shall sub- ing in localities receiving grants under part eral subsidy shall be not more than one-half mit its first report under this section not 3) for construction and renovation of school of the total interest cost of those bonds, de- later than 24 months after it receives its facilities, including, at a minimum— termined in accordance with paragraph (4). grants under this part. (A) the overall condition of school facili- (2) If the bonds to be subsidized are general (2) Each State shall submit an annual re- ties in the State, including health and safety obligation bonds issued to finance more than port for each of the 3 years after submitting problems; 1 type of activity (including school construc- its first report, and subsequently shall sub- (B) the capacity of the schools in the State tion), the Federal subsidy shall be not more mit periodic reports as long as the State or to house projected enrollments; and than one-half of the interest cost for that localities in the State are using grant funds. (C) the extent to which the schools in the portion of the bonds that will be used for PART 3—DIRECT GRANTS TO LOCAL State offer the physical infrastructure need- school construction purposes, determined in EDUCATIONAL AGENCIES ed to provide a high-quality education to all accordance with paragraph (4). SEC. 121. ELIGIBLE LOCAL EDUCATIONAL AGEN- students. (3) If the locality elects to use its subgrant CIES (2) A State need not conduct a new survey for an allowable activity not described in (a) ELIGIBLE AGENCIES.—Except as provided under paragraph (1) if it has previously com- paragraph (1) or (2), such as for certificates in subsection (b), the local educational agen- pleted a survey that meets the requirements of participation, purchase or lease arrange- cies that are eligible to receive formula of that paragraph and that the Secretary ments, reduction of the amount of principal grants under section 126 are the 100 local finds is sufficiently recent for the purpose of to be borrowed, or credit enhancements for educational agencies with the largest num- carrying out this part. individual construction projects, the Federal bers of children aged 5 through 17 from fami- (d) APPLICATION CONTENTS.—Each State ap- subsidy shall be not more than one-half of lies living below the poverty level, as deter- plication under this part shall include— the interest cost, as determined by the State mined by the Secretary using the most re- (1) a summary of the results of the State’s in accordance with paragraph (4), that would cent data available from the Department of survey of its school facility needs, as de- have been incurred if bonds had been used to Commerce that are satisfactory to the Sec- scribed in subsection (c); finance the project. retary. (2) a description of how the State will im- (4) The interest cost referred to in para- (b) CERTAIN JURISDICTIONS INELIGIBLE.—For plement its program under this part; graphs (1), (2), and (3) shall be— the purpose of this part, the local edu- (3) a description of how the State will allo- (A) calculated on the basis of net present cational agencies for Hawaii and the Com- cate its grant funds, including a description value; and monwealth of Puerto Rico are not eligible of how the State will implement the prior- (B) determined in accordance with an am- local educational agencies. ities and criteria described in section 115; ortization schedule and any other criteria SEC. 122. GRANTEES. (4)(A) a description of the mechanisms that and conditions the Secretary considers nec- For each local educational agency for will be used to finance construction projects essary, including provisions to ensure com- which an approvable application is submit- supported by grant funds; and parable treatment of different financing ted, the Secretary shall make any grant (B) a statement of how the State will de- mechanisms. under this part to the local educational termine the amount of the Federal subsidy agency or to another public agency, on be- to be applied, in accordance with section (b) STATE-FUNDED PROJECTS.—for a con- half of the local educational agency, if the 117(a), to each local project that the State struction project under this part funded di- Secretary determines, on the basis of the will support; rectly by the State through the use of State- local educational agency’s recommendation, (5) a description of how the State will en- issued bonds or other financial instruments, that the other agency is better able to carry sure that the requirements of this part are the Secretary shall determine the Federal out activities under this part. subsidy in accordance with subsection (a). met by subgrantees under this part; SEC. 123. ALLOWABLE USES OF FUNDS. (6) a description of the steps the State will (c) NON-FEDERAL SHARE.—A State, and lo- Each grantee under this part shall use its take to ensure that local educational agen- calities in the State, receiving subgrants grant only for 1 or more of the following ac- cies will adequately maintain the facilities under this part, may use any non-Federal tivities to reduce the cost of financing eligi- that are constructed or improved with funds funds, including State, local, and private- ble school construction projects described in under this part; sector funds, for the financing costs that are section 124: (7) an assurance that the State will use its not covered by the Federal subsidy under (1) Providing a portion of the interest cost grant only to supplement the funds that the subsection (a). (or of any other financing cost approved by H9820 CONGRESSIONAL RECORD — HOUSE October 31, 1997 the Secretary) on bonds, certificates of par- (2) a summary of the results of the survey limits that the Secretary may establish ticipation, purchase or lease arrangements, of school facility needs, as described in sub- based on factors such as relative size of the or other forms of indebtedness issued or en- section (c); eligible applicants. tered into by a local educational agency or (3) a description of how the local agency (2) A description of the additional con- other unit or agency of local government for will implement its program under this part; struction activities that the applicant would the purpose of financing eligible school con- (4) a description of the criteria the local carry out with those funds. struction projects. agency has used to determine which con- (3) A description of the extent to which the (2) Local expenditures approved by the struction projects to support with grant proposed construction activities would en- Secretary for credit enhancement for the funds; hance the health and safety of students. debt or financing instruments described in (5) a description of the construction (4) A description of the extent to which the paragraph (1). projects that will be supported with grant proposed construction activities address (3) Other local expenditures approved by funds; compliance with Federal mandates, includ- the Secretary that leverage funds for addi- (6) a description of the mechanisms that ing providing accessibility for the disabled tional school construction. will be used to finance construction projects and removal of hazardous materials. SEC. 124. ELIGIBLE CONSTRUCTION PROJECTS; supported by grant funds; (5) Information on the current financial ef- REDISTRIBUTION (7) a requested level of Federal subsidy, fort the applicant is making for elementary (a) ELIGIBLE PROJECTS.—A grantee under with a justification for that level, for each and secondary education, including support this part may use its grant, in accordance construction project to be supported by the from private sources, relative to its re- with section 123, to subsidize the cost of the grant, in accordance with section 128(a), in- sources. activities described in section 114(a) for cluding the financial and demographic infor- (6) Information on the extent to which the projects that the local educational agency mation the Secretary may require; applicant will increase its own (or other pub- has chosen to initiate, through the vote of (8) a description of the steps the agency lic or private) spending for school construc- the school board, passage of a bond issue, or will take to ensure that facilities con- tion in the year in which it receives a grant similar public decision, made between July structed or improved with funds under this under this section, above the average annual 11, 1996 and September 30, 2001. part will be adequately maintained; amount for construction activity during the (b) REDISTRIBUTION.—If the Secretary de- (9) an assurance that the agency will use preceding 8 years. termines, by a date before September 30, 2001 its grant only to supplement the funds that (7) A description of the energy efficiency selected by the Secretary, that a local edu- the locality would spend on school construc- and the effect on the environment of the cational agency is not making satisfactory tion and renovation in the absence of a grant projects that the applicant will undertake progress in carrying out its plan for the use under this part, and not to supplant those and of the extent to which those projects of funds awarded to it under this part, the funds; will use cost-efficient architectural design. Secretary may redistribute all or part of (10) an assurance that, during the 4-year (8) Other information that the Secretary those funds, and any interest earned by that period beginning with the year the local edu- may require. agency on those funds, to 1 or more other cational agency receives its grant, its aver- (c) SELECTION OF GRANTEES.—In determin- local educational agencies that are making age annual expenditures for school construc- ing which local educational agencies shall satisfactory progress. tion (which, at that agency’s option, may in- receive direct grants under this part, the SEC. 125. LOCAL APPLICATIONS. clude private contributions) will be a least Secretary shall give the highest priority to (a) APPLICATION REQUIRED.—A local edu- 125 percent of its average annual expendi- local educational agencies that— cational agency, or an alternative agency de- tures for that purpose during the 8 preceding (1) have a need to repair, remodel, ren- scribed in section 122 (both referred to in this years; and ovate, or otherwise improve school facilities part as the ‘‘local agency’’), that wishes to (11) other information and assurances that posing a threat to the health and physical receive a grant under this part shall submit the Secretary may require. safety of students, coupled with a low level an application to the Secretary, in the man- (e) WAIVER OF REQUIREMENT TO INCREASE of resources available to meet school con- EXPENDITURES.—The Secretary may waive or ner the Secretary may require, not later struction needs, and have demonstrated a modify the requirement of subsection (d)(10) than 2 years after the date of enactment of high level of financial effort for elementary for a local educational agency that dem- this Act. and secondary education relative to their onstrates to the Secretary’s satisfaction (b) DEVELOPMENT OF APPLICATION.—(1) The local resources; that that requirement is unduly burdensome local agency shall develop the local applica- (2) have a need to repair, remodel, ren- because that agency has incurred a particu- ovate, or construct school facilities in order tion under this part only after broadly con- larly high level of school construction ex- to comply with Federal mandates, including sulting with the State educational agency, penditures during the previous 8 years. parents, administrators, teachers, the busi- providing for accessibility for the disabled SEC. 126. DIRECT FORMULA GRANTS. ness community, and other members of the and removal of hazardous materials, coupled (a) ALLOCATIONS.—The Secretary shall al- local community about the best means of with a low level of resources available to locate the funds available under section meet school construction needs, and have carrying out this part. 104(a)(2) to the local educational agencies demonstrated a high level of financial effort (2) If the local educational agency is not identified under section 121(a) on the basis of for elementary and secondary education rel- the applicant, the applicant shall consult their relative allocations under section 1124 ative to their local resources; and with the local educational agency, and shall of the Elementary and Secondary Education (3) demonstrate a need for emergency as- obtain its approval before submitting its ap- Act of 1965 (20 U.S.C. 6333) in the most recent sistance for to repair, remodel, renovate, or plication to the Secretary. year for which that information is available construct school facilities, coupled with a (c) LOCAL SURVEY.—(1) Before submitting to the Secretary. its application, the local agency, with the in- (b) REALLOCATIONS.—If a local educational low level of resources available to meet volvement of local school officials and ex- agency does not apply for its allocation, ap- school construction needs, and have dem- perts in building construction and manage- plies for less than its full allocation, or fails onstrated a high level of financial effort for ment, shall survey the local need for con- to submit an approvable application, the elementary and secondary education relative struction and renovation of school facilities, Secretary may reallocate all or a portion of to their local resources. including, at a minimum— its allocation, as the case may be, to the re- (d) MINIMUM ALLOCATIONS.—Of the amount (A) the overall condition of school facili- maining local educational agencies in the available for competitive awards under sec- ties in the local educational agency, includ- same proportions as the original allocations tion 104(a)(3), the Secretary shall ensure ing health and safety problems; were made to those agencies under sub- that, in making awards under subsection (a), (B) the capacity of the local educational section (a). no less than 40 percent of such amount is agency’s schools to house projected enroll- SEC. 127. DIRECT COMPETITIVE GRANTS. available to the local educational agencies ments; and (a) GRANTS AUTHORIZED.—The Secretary described in section 121(a) and no less than 40 (C) the extent to which the local edu- shall use funds available under section percent of such amount is available to the cational agency’s schools offer the physical 104(a)(3) to make additional grants, on a local educational agencies eligible for sub- infrastructure needed to provide a high-qual- competitive basis to local educational agen- grants under part 2. ity education to all students. cies, or alternative agencies described in sec- (e) ADDITIONAL CRITERIA.—The Secretary (2) A local educational agency need not tion 122. may establish additional criteria, consistent conduct a new survey under paragraph (1) if (b) ADDITIONAL APPLICATION MATERIALS.— with subsections (c) and (d), and with pur- it has previously completed a survey that Any local educational agency, or an alter- poses of this title, for the purpose of electing meets the requirements of that paragraph native agency described in section 122, that grantees under this part. and that the Secretary finds is sufficiently wishes to receive funds under this section recent for the purpose of carrying out this shall submit an application to the Secretary SEC. 128. AMOUNT OF FEDERAL SUBSIDY. part. that meets the requirements under section (a) AMOUNT OF FEDERAL SUBSIDY.—For (d) APPLICABLE CONTENTS.—Each local ap- 125 and includes the following additional in- each construction project assisted under this plication under this part shall include— formation: part, the Secretary shall determine the (1) an identification of the local agency to (1) The amount of funds requested under amount of the Federal subsidy in accordance receive the grant under this part; this section, in accordance with ranges or with section 117(a). October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9821

(b) NON-FEDERAL SHARE.—A grantee under lenges in educating children for the 21st cen- ‘‘public schools renewal effort is underway’’ this part may use any non-Federal funds, in- tury. The elementary and secondary school in such community and authorize the De- cluding State, local, and private-sector population will grow by 10 percent by the partment of Education and other Federal funds, for the financing costs that are not year 2005, and over the next 10 years, schools agencies to provide assistance under this covered by the Federal subsidy under sub- will need more than 2,000,000 additional title. section (a). teachers to meet the demands of such ex- (d) PROGRESS REPORTS.—The consortium SEC. 129. SEPARATE FUNDS OR ACCOUNTS; PRU- pected enrollments. shall— DENT INVESTMENT (6) Almost 7 of 10 Americans support in- (1) amend such request annually to include (a) SEPARATE FUNDS OR ACCOUNTS RE- creased Federal assistance to our Nation’s additional initiatives and approaches under- QUIRED.—Each grantee under this part shall public schools, and that support crosses all taken by the local educational agency to im- deposit the grant proceeds in a separate fund boundaries, including cities, towns, and rural prove the academic effectiveness and safety or account, from which it shall make bond areas. of its public school system. repayments and pay other expenses allow- (7) When Federal investment in public (2) submit annual performance reports to able under this part. schools and children has increased, test the Secretary which shall describe progress (b) PRUDENT INVESTMENT REQUIRED.—Each scores have improved, and high school grad- in achieving the goals of the plan. grantee under this part shall— uation rates and college enrollments have SEC. 205. ELEMENTS OF RENEWAL AND IMPROVE- (1) invest the grant funds in a fiscally pru- increased. MENT PLAN. dent manner, in order to generate amounts (8) The Federal Government should encour- (a) IN GENERAL.—As part of its request to needed to make repayments on bonds and age communities that demonstrate a strong the President, and in order to receive assist- other forms of indebtedness; and commitment to restore and reform their ance under this section, a consortium shall (2) notwithstanding section 6503 of title 31, public schools. submit a plan that includes the elements de- United States Code, or any other law, use the (b) PURPOSE.—It is the purpose of this title scribed in subsections (b) and (c). proceeds of that investment to carry out this to assist local communities that are taking (b) ADVERSE CONDITIONS.—The plan shall part. the initiative— specify the existence of any of the following SEC. 130. LOCAL REPORTS. (1) to overcome adverse conditions in their factors: (a) REPORTS REQUIRED.—(1) Each grantee public schools; (1)(A) A substantial percentage of students under this part shall report to the Secretary (2) to revitalize their public schools in ac- in the affected public schools have been per- on its activities under this part, in the form cordance with local plans to achieve higher forming well below the national average, or and manner the Secretary may prescribe. academic standards and safer and improved below other benchmarks, including State de- (2) If the local educational agency is not learning environments; and veloped benchmarks in such basic skills as the grantee under this part, the grantee’s re- (3) to ensure that every community public reading, math, and science, consistent with port shall include the approval of the local school provides a quality education for all Goals 2000 and title I of the Elementary and educational agency or its comments on the students. Secondary Education Act of 1965; or report. SEC. 203. DEFINITIONS. (B) a substantial percentage of such stu- (b) CONTENTS.—Each report shall— For purposes of this title: dents are failing to complete high school. (1) describe the grantee’s implementation (1) CONSORTIUM.—The term ‘‘consortium’’ (2) Some or all of such schools are over- of this part, including how it has met the re- means a local schools consortium as defined crowded or have physical plant conditions quirements of this part; in paragraph (2). that threaten the health, safety, and learn- (2) identify the specific school facilities (2) LOCAL SCHOOLS CONSORTIUM.—The term ing environment of the schools’ populations. constructed, renovated, or modernized with ‘‘local schools consortium’’ means the local (3) There is a substantial shortage of cer- support from the grant, and the mechanisms educational agency in collaboration with a tified teachers, teaching materials, and tech- used to finance those activities; and group composed of affected parents, stu- nology training. (3) other information the Secretary may dents, and representatives of teachers, (4) Some or all of the schools are located require. school employees and administrators, local (c) FREQUENCY.—(1) Each grantee shall sub- where crime and safety problems interfere mit its first report under this section not business and community leaders and rep- with the schools’ ability to educate students later than 24 months after it receives it resentative of local higher education group to high academic standards. grant under this part. working or residing within the boundary of a (c) ASSURANCES.—The plan shall also in- (2) Each grantee shall submit an annual re- local educational agency. clude assurances from the local educational port for each of the 3 years after submitting (3) PARENT.—The term ‘‘parent’’ includes agency that— its first report, and subsequently shall sub- any of the following: (1) the plan was developed by the local mit periodic reports as long as it is using (A) A grandparent. schools consortium after extensive public grant funds. (B) A legal guardian. discussion with State education officials, af- (C) Any other person standing in loco TITLE II—LOCAL COMMUNITIES RENEWAL OF fected parents, students, teachers and rep- PUBLIC SCHOOLS parentis. resentatives of teachers and school employ- SEC. 201. SHORT TITLE. (3) PLAN.—The term ‘‘plan’’ means a 3-year ees, administrators, higher education offi- This title may be cited as the ‘‘Assistance public schools renewal and improvement cials, other educators, and business and com- to Local Communities in Renewal of Public plan described in section 504. munity leaders; Schools Act’’. (4) SECRETARY.—The term ‘‘Secretary’’ (2) describe how the consortium will use re- SEC. 202. FINDINGS AND PURPOSE. means the Secretary of Education. sources to meet the types of reforms de- (a) FINDINGS.—The Congress finds the fol- (5) STATE.—The term ‘‘State’’ means each scribed in section 7; lowing: of the 50 States, the District of Columbia, (3) provide effective opportunities for pro- (1) Although the majority of our Nation’s the Commonwealth of Puerto Rico, the fessional development of public school teach- elementary and secondary public schools American Virgin Islands, Guam, and Amer- ers, school staff, principals, and school ad- provide high quality education for our chil- ican Samoa. ministrators; dren, many schools need additional resources SEC. 204. PROCEDURE FOR DECLARATION. (4) provide for greater parental involve- to implement immediate assistance and re- (a) IN GENERAL.—A request for a declara- ment in school affairs; form to enable them to provide a basic and tion by the President that a ‘‘public schools (5) focus substantially on successful and safe education for their students. renewal effort is underway’’ shall be made by continuous improvement in the basic aca- (2) The Government Accounting Office re- a local schools consortium. demic performance of the students in the cently found that 1⁄3 of all elementary and (b) REQUEST.—The local education agency public schools; secondary schools in the United States, serv- shall submit the request to the Governor of (6) address the unique responsibilities of all ing 14,000,000 students, need extensive repair the State who shall, with or without com- stake holders in the public school system, in- and renovation. ment, forward such request to the President cluding students, parents, teachers, school (3) Recent reform of under-achieving not more than 30 days after the Governor’s administrators, other educators, govern- schools in a number of States and school dis- receipt of such request. Such request shall— mental officials, and business and commu- tricts demonstrates that parents, teachers, (1) include the plan; nity leaders, for the effectiveness of the pub- school administrators, other educators, and (2) describe the nature and amount of lic school system especially with respect to local officials, given adequate resources and State and local resources which have been or the schools targeted for greatest assistance; expertise, can succeed in dramatically im- will be committed to the renewal and im- (7) provide for regular objective evaluation proving public education and creating high provement of the public schools; and of the effectiveness of the plan; performance schools. (3) certify that State or local government (8) the agency will give priority to public (4) Such reform efforts show that parental obligations and expenditures will comply schools that need the most assistance in im- and community involvement in those re- with all applicable matching requirements proving overcrowding, physical problems and forms is indispensable to the objective of established pursuant to this title. other health and safety concerns, readiness high quality, safe, and accountable schools. (c) DECLARATION.—Based on a request made for telecommunications equipment, and (5) Despite the successes of such reforms, under this title, the President, in consulta- teacher training and the pool of certified public schools are facing tremendous chal- tion with the Secretary, may declare that a teachers; H9822 CONGRESSIONAL RECORD — HOUSE October 31, 1997 (9) ensure that funds received under this (F) Establishing stronger links between ployed by contractors and subcontractors on title shall be used to supplement, not sup- schools and law enforcement and juvenile any project assisted under this title are paid plant other non-Federal funds; justice authority. wages at rates not less than those prevailing (10) certify that the combined fiscal effort (G) Establishing stronger links between as determined by the Secretary of Labor in per student or the aggregate expenditures schools and parents concerning safe class- accordance with the Act of March 3, 1931, as within the State with respect to the provi- rooms and effective classroom activities and amended (40 U.S.C. 276a et seq.). The Sec- sion of free public education for the fiscal learning. retary of Labor has, with respect to this sec- year preceding the fiscal year for which the (H) Establishing parent and community pa- tion, the authority and functions established request for a declaration is made was not trols in and around schools to assist safe in Reorganization Plan Numbered 14 of 1950 less than 90 percent of such combined fiscal schools and passage to schools. (effective May 24, 1950, 64 Stat. 1267) and sec- effort or aggregate expenditures for the sec- (I) Implementing research-based promising tion 2 of the Act of June 13, 1934 (40 U.S.C. ond fiscal year preceding the fiscal year for educational practices and promoting exem- 276c). which the request for a declaration is made; plary school recognition programs. (b) WAIVER FOR VOLUNTEERS.—Section 7305 and (J) Expanding the time students spend on of the Federal Acquisition Streamlining Act (11) will address other major issues which school-based learning activities and in extra- of 1994 (40 U.S.C. 276d–3) is amended— the local schools consortium determines are curricular activities. (1) in paragraph (5), by striking out the critical to renewal of its public schools. (3) ACCOUNTABILITY REFORMS.— ‘‘and’’ at the end thereof; SEC. 206. ALLOWABLE FEDERAL ASSISTANCE. (A) Establishing high learning standards (2) in paragraph (6), by striking out the pe- riod at the end thereof and inserting a semi- (a) IN GENERAL.—To provide assistance and meaningful assessments of whether under this title, the President may— standards are being met. colon and ‘‘and’’; and (1) direct the Department of Education, (B) Monitoring school progress and deter- (3) by adding at the end thereof the follow- with or without reimbursement, to use the mining how to more effectively use school ing new paragraph: authority and the resources granted to it system resources. ‘‘(7) title V of the Reading Excellence under Federal law (including personnel, edu- (C) Establishing performance criteria for Act,’’. cational equipment and supplies, facilities, teachers and principals through such entities SEC. 303. NO LIABILITY OF FEDERAL GOVERN- and managerial, technical, and advisory as joint school board and union staff im- MENT. (a) NO FEDERAL LIABILITY.—Any financial services) in support of State and local assist- provement committees. instruments, including but not limited to ance efforts; (D) Establishing promotion and graduation contracts, bonds, bills, notes, certificates of (2) direct any other Federal agency to pro- requirements for students, including require- participation, or purchase or lease arrange- vide assistance as described in paragraph (1); ments for reading, mathematics, and science ments, issued by States, localities, or instru- (3) coordinate such assistance provided by performance. (E) Providing for strong accountability and mentalities thereof in connection with any Federal agencies; and assistance provided by the Secretary under (4) provide technical assistance and advi- corrective action from a continuum of op- tions, consistent with State law and title I of this title are obligations of such States, lo- sory assistance to the affected local edu- calities or instrumentalities and not obliga- the Elementary and Secondary Education cational agency. tions of the United States and are not guar- Act of 1965. (b) DISTRIBUTION OF ASSISTANCE FUNDS.— anteed by the full faith and credit of the (1) IN GENERAL.—At the direction of the SEC. 208. DURATION OF ASSISTANCE. United States. Assistance under this title may be pro- President, the Secretary shall distribute (b) NOTICE REQUIREMENT.—Documents re- funds and resources provided pursuant to a vided for each of fiscal years 1998 through lating to any financial instruments, includ- declaration under this title to local edu- 2000. ing but not limited to contracts, bonds, bills, cational agencies selected for assistance SEC. 209. REPORT. notes, offering statements, certificates of under this title. Not later than March 31, 2000, the Sec- participation, or purchase or lease arrange- (2) EXISTING PROCEDURES.—The Secretary retary shall submit a report to the Commit- ments, issued by States, localities or instru- shall determine the best method of distribut- tee on Education and the Workforce of the mentalities thereof in connection with any ing funds under this Act through personnel House of Representatives and the Committee assistance provided under this title, shall in- and existing procedures that are used to dis- on Labor and Human Resources of the Sen- clude a prominent statement providing no- tribute funds under other elementary and ate assessing the effectiveness of this title in tice that the financial instruments are not secondary education programs. assisting recipient local schools consortia in obligations of the United States and are not (c) PROHIBITION.—No provision of this title carrying out their plans submitted under guaranteed by the full faith and credit of the shall be construed to authorize any action or this title. United States. conduct prohibited under the General Edu- SEC. 210. AUTHORIZATION OF APPROPRIATIONS; SEC. 304. REPORT TO CONGRESS. cation Provisions Act. MATCHING REQUIREMENT. The Secretary shall report on the activi- SEC. 207. USE OF ASSISTANCE. (a) AUTHORIZATION.—There are authorized ties conducted by States and local edu- Assistance provided pursuant to this title to be appropriated to carry out this title— cational agencies with assistance provided may be used only to carry out a plan, and to (1) for fiscal year 1998, $250,000,000; and under this title, and shall assess State and effectuate the following and similar types of (2) for fiscal year 1999, $500,000,000; and local educational agency compliance with public school reforms: (3) for fiscal year 2000, such sums as may be the requirements of this title. Such report (1) STUDENT-TARGETED RESOURCES.— necessary. shall be submitted to Congress not later (A) Increasing and improving high-quality (b) MATCHING REQUIREMENT.— than 3 years after the date of enactment of early childhood educational opportunities. (1) IN GENERAL.—Federal funds expended or this Act and annually thereafter as long as (B) Providing comprehensive parent train- obligated under this title shall be matched States or local educational agencies are ing so that parents better prepare children (in an amount equal to such amount so ex- using grant funds. before they reach school age. pended or obligated) from State or local SEC. 305. CONSULTATION WITH SECRETARY OF (C) Establishing intensive truancy preven- funds. THE TREASURY. tion and dropout prevention programs. (2) OTHER FEDERAL RESOURCES.—The Sec- The Secretary shall consult with the Sec- (D) Establishing alternative public schools retary shall, by regulation and in consulta- retary of the Treasury in carrying out this and programs for troubled students and drop- tion with the heads of other Federal agen- title. outs, and establishing other public school cies, establish matching requirements for Mr. HALL of Ohio. Madam Speaker, I other Federal resources provided under this learning ‘‘safety nets’’. reserve the balance of my time. (E) Enhancing assistance for students with title. (3) WAIVER.—Based upon the recommenda- Mrs. MYRICK. Madam Speaker, I special needs (including limited English pro- yield 1 minute to the gentleman from ficient students, English as a second lan- tion of the Secretary, the President may waive paragraph (1) or (2). Oklahoma [Mr. WATTS]. guage, and students with disabilities). Mr. WATTS of Oklahoma. Madam (2) CLASSROOM FOCUSED SCHOOL DEVELOP- TITLE III—MISCELLANEOUS PROVISIONS MENT.— SEC. 301. TECHNICAL EMPLOYEES. Speaker, I thank the gentlewoman (A) Establishing teacher and principal For purposes of carrying out this title, the from North Carolina for yielding me academies to assist in training and profes- Secretary, without regard to the provisions the time. I rise in support of the rule sional development. of title 5, United States Code, governing ap- for H.R. 2746, the HELP Scholarships (B) Establishing effective training links for pointments in the competitive service, may Act. I commend my good friend and students with area colleges and universities. appoint not more than 10 technical employ- colleague, the gentlewoman from (C) Establishing career ladders for teachers ees who may be paid without regard to the North Carolina, for her support and provisions of chapter 51 and subchapter IV of and school employees. leadership on this important legisla- (D) Establishing teacher mentor programs. chapter 5 of that title relating to classifica- (E) Establishing recruitment programs at tion and General Schedule pay rates. tion. The gentlewoman’s reputation as area colleges and universities to recruit and SEC. 302. WAGE RATES a friend of education is well earned and train college students for the teaching pro- (a) PREVAILING WAGE.—The Secretary shall her support for this measure is very fession. ensure that all laborers and mechanics em- significant. October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9823 Every single Member of this Congress islative cartwheel. I thought that per- As we look at the many debates sur- shares one common goal with regard to haps there was a substantive reason for rounding strategies to improve elemen- education, that is that we do what is doing it this way. So during consider- tary and secondary education, no issue right for all of America’s children with ation of the measure in the Committee is more contentious, no issue arouses regard to their most fundamental right on Rules on Wednesday, I asked my more passion, and no issue divides us as Americans, their right to a solid good friend, the chairman of the com- more than these proposals to take education. I just urge my colleagues to mittee, the gentleman from Pennsylva- funds from public schools and give allow this rule to pass and urge their nia [Mr. GOODLING], why was it nec- them to private schools in the form of support for this rule so that we can de- essary to join these two bills. Why vouchers. It would be a travesty if this bate this very important issue. I look could we not have taken them out indi- rule passes. The Republican Party very forward to that debate. vidually? should be ashamed for playing politics Mr. HALL of Ohio. Madam Speaker, I Madam Speaker, after a pause, he re- with America’s schoolchildren through yield 5 minutes to the gentleman from plied, I do not know that I have an an- the manipulation and abuse of House Massachusetts [Mr. MOAKLEY], ranking swer to that question, I will be per- rules. minority member on the Committee on fectly frank with you. So I urge my colleagues to defeat the Rules. So, Madam Speaker, if it is a mys- previous question so that we can sub- Mr. MOAKLEY. Madam Speaker, I tery to the chairman of the committee stitute consideration of this reprehen- thank my colleague, the gentleman who has been chairman for 3 years and sible voucher bill with legislation that from Ohio [Mr. HALL] for yielding me a member of the committee for 23 addresses issues that the Republican this time. years, if anybody is an expert on edu- majority does not care to consider; Madam Speaker, I rise in strong op- cation in this House, my friend, the namely, legislation that will help im- position to this very strange and very gentleman from Pennsylvania [Mr. prove the public schools, where 50 mil- confusing rule. For rule watchers, we GOODLING], is, that means only one lion children go each day to receive an have got a doozy here today. thing: Somebody in a higher pay grade education. To begin with, this rule provides for than the gentleman from Pennsylvania Madam Speaker, I urge all of the the consideration of two separate bills, [Mr. GOODLING] made that decision. Members to vote no on this rule. one under a closed rule and one under Once again, Madam Speaker, the Re- Mrs. MYRICK. Madam Speaker, I an open rule. The first bill, the HELP publican leadership is putting politics yield 21⁄2 minutes to the gentleman school vouchers bill, has not been con- before substance and this time it is the from New York [Mr. FLAKE]. sidered by any committee, no hearings. American education system that will Mr. FLAKE. Madam Speaker, I do It has not been reported out of any pay the price. rise today in support of this rule, in committee, Madam Speaker. In fact, it Madam Speaker, although I believe large measure because of my concern was only introduced 3 days ago and the improving American education should about, first, the preservation of public ink is still wet on it. But if any of my be our first priority, I am very con- education, but more importantly, try- colleagues are thinking about offering fused about the way my Republican ing to get the kind of product out of any amendment to this steel-clad bill, colleagues are going about it. I urge public education that I think the fore- forget it. The Republican leadership my colleagues to oppose the rule, op- fathers and those of us who have par- has wrapped this bill up in a com- pose the previous question. ticipated over the years in this whole pletely closed rule, which all of my col- Mr. HALL of Ohio. Madam Speaker, I problem of trying to ensure that every leagues know, means they have prohib- yield 3 minutes to the gentleman from child in America has access to the best ited any and all amendments. Missouri [Mr. CLAY], ranking minority possible education. The other bill to be considered under member of the Committee on Edu- The 1954 Brown versus Board of Edu- this rule is the Charter Schools Act. cation and the Workforce. cation was a battle about separate but This bill is a bipartisan effort that is Mr. CLAY. Madam Speaker, I am ap- equal schools by definition of those supported by many Members on both palled at the arrogant and dictatorial who tried to maintain segregation. In sides of the aisle. The good news is that way that this bill has been brought to 1997, we realize that schools are sepa- this bill will be considered under an the floor. I urge my colleagues to de- rate but unequal. In almost every sin- open rule. The bad news is that because feat the previous question and defeat gle statistical base of data that has of the confusing way this ill-fated rule this rule. been put forth, there is a realization is structured, it may never see the The majority party has run rough- that children in the lower tier, and, in- light of day. shod over the entire democratic proc- deed, public education has two tiers, on Even if it passes by an overwhelming ess. A previous Republican speaker this the upper tier, people are educated margin, the charter school bill may morning said that this is not a vote on properly, they are given the tools nec- very well be heading for a veto threat vouchers, but it is a vote to permit de- essary to compete in society, to be able down the road. bate on the issue of vouchers. to function in a world that globally is So here is the reason why if this so competitive, if they do not have the b 1030 strange rule passes, which I hope it will tools they cannot survive; and on the not, the two bills, even though consid- How misleading. This rule continues lower tier, which is reflective of most ered and voted upon separately, will be that farce. This bill has never had a of our urban communities of which I joined together and sent to the Senate public hearing in either the Sub- serve one of and also serve as a pastor for consideration as a single bill. committee on Early Childhood, Youth and minister. When I discover there are The final joining of the good biparti- and Families or on the full Committee so many of our young people who have san bill and one dangerous controver- on Education and the Workforce. This not been given a fair opportunity for sial bill, Madam Speaker, is the death bill has never been marked up by the competition, it becomes clear to me knell for charter schools. committee. There was no debate, no that we must look at some alternatives By way of this rule, the Republican discussion, no public involvement, no that challenges the public system to be leadership is effectively singing a very give-and-take. Clearly, Madam Speak- able to do the job that it is intended to well thought out, bipartisan bill on er, the doors of democracy have been do. charter schools by attaching a spur-of- slammed shut. This is not a question for me about the-moment idea, which will hurt pub- And to further stifle legitimate de- Democrats or Republicans. It is really lic education and one that the Presi- bate on the school voucher issue, the a question about whether or not we are dent has promised to veto. Further- majority proposes, through this rule, going to continue to let every child die, more, even though the President sup- to deny all Members of Congress the arguing that, if we begin to do vouch- ports the charter schools legislation, it right to address this bill through a fair ers, if we do charter schools, what we will be vetoed if the HELP voucher bill amendment process. If ever an issue in fact are doing is taking away from is attached. needed the benefit of public discussion, the public system. We say, let them all So in the Committee on Rules, I tried of debate and of sunshine, it is this stay there. Let them all die. It is like to make some sense of this strange leg- voucher issue. saying there has been a plane crash. H9824 CONGRESSIONAL RECORD — HOUSE October 31, 1997 But because we cannot save every path through the barring of amend- Whereas, almost all House Repub- child, we are not going to save any of ments. Members of the House will licans will support the charter school our children; we will let them all die, never get a chance to debate this legis- bill, and almost all House Republicans we will not even try to create some lation in a truly open manner, espe- will support the HELP scholarship bill, means by which we can rescue those cially since proponents of vouchers are otherwise called vouchers for low-in- that can be rescued, we will assume it doing the bidding of those conservative come families. will be better for all of them to die forces, such as the Christian Coalition, Let me explain the linkage here than for us to take some of them out. in rushing this legislation through the under the rule. Several months ago, be- So my argument is simply this: Let process. fore we began deliberation of these two us do what we can, as a people, to en- I ask the Members to think objec- bills, we gave considerable thought and sure in 1997 that which the Supreme tively about the issue and join with discussion to the idea of offering a low- Court intended in 1954; and that is to myself and my colleague, the gen- income parental choice demonstration create a system that is not separate tleman from Missouri [Mr. CLAY] in de- amendment on the charter school bill. and unequal but a system that under- feating the previous question. If we do But as that bill evolved into, as I said stands that if we have an integrated defeat the previous question, we will earlier, a bipartisan effort, thanks in community, an integrated society, if it offer two initiatives, which truly will large part to the efforts of the gen- is going to be an integrated society, reinforce our public education system, tleman from Indiana [Mr. ROEMER], out every child ought to be able to get the as the gentleman from New York [Mr. of respect for his efforts and out of def- best education possible. FLAKE] said, making sure that every erence to the process, the bipartisan I intend next week, after I have re- child in the United States gets a qual- process, that had evolved, we decided tired, to spend my time trying to con- ity education, one that will enable the that we would not offer the low-income parental choice demonstration bill as vince more people to deal with the Federal Government to provide Federal an amendment. However, we still want question of what is not happening, the assistance to local schools to develop to make that linkage on the House failure of too many of our children in local-inspired plans to renew their floor. And that is why we are going to public education, not again to get rid communities’ public schools, and the do that under a single rule making in of it, but to make it better. This is a other would provide much needed fi- order both proposals. free market society in which we live. nance assistance to repair the large number of crumbling schools through- I am not the only one making that If, indeed, that is correct, let us create linkage. Let me quote to my colleagues some competition, and I believe we will out our Nation. These proposals truly respond to the from a December 17 article in The have a better product coming out of Washington Post headlined ‘‘Scholar- the public system. needs of our education system, unlike the voucher proposal, which the major- ships for Inner-City School Kids,’’ and Mr. HALL of Ohio. Madam Speaker, I coauthored by Diane Ravitch and Wil- yield 3 minutes to the gentleman from ity would have us consider. I urge all Members to vote against this rule. liam Galston. William Galston happens California [Mr. MARTINEZ]. Mrs. MYRICK. Madam Speaker, I to be the former domestic policy advi- (Mr. MARTINEZ asked and was given yield 41⁄2 minutes to the gentleman sor to President Clinton. Diane permission to revise and extend his re- from California [Mr. RIGGS]. Ravitch is a former assistant secretary marks.) Mr. RIGGS. Madam Speaker, I thank of education in the Bush administra- Mr. MARTINEZ. Madam Speaker, the gentlewoman from North Carolina tion. And they wrote, ‘‘A number of ju- once again, the Republican leadership, [Mrs. MYRICK], who is handling the risdictions have experimented with with the backing of the extreme reli- rule, for yielding me the time, and the new contracting and management ar- gious right, have sought to gag open gentlewoman from Missouri [Mrs. EM- rangements. Twenty-five States,’’ now and free debate through this politically ERSON], presiding as acting speaker. actually 29 States plus the District of motivated rule. I say good morning to my colleagues Columbia and Puerto Rico, ‘‘have Today, the Republican leadership is and to let them know that as the chair- passed the charter school laws, which asking Republican Members to support man of Subcommittee on Early Child- allow new or existing public schools to a rule which not only closes off debate hood, Youth and Families, otherwise function as independent units free of on one of the most controversial issues known as the Subcommittee on Edu- most regulation.’’ And we are trying to before us today, that issue on voucher cation, I stand before my colleagues expand on those efforts on the floor education. The issue of private school today as the lead author of both meas- here today. ‘‘With President Clinton’s vouchers is one that has been debated ures that will be considered under this strong leadership, Federal support,’’ for a long time. But never has a rule rule. Although, I hasten to add how Federal taxpayer support, ‘‘for charter like this brought this issue to the satisfying and gratifying it was to school start-ups has risen substantially floor. work with my good friend, the gen- during the last 4 years.’’ And again, we The worst part of it, this rule mar- tleman from Indiana [Mr. ROEMER] in intend to redouble those efforts and ries this discriminatory and ill-con- truly a collaborative bipartisan effort build upon the Federal taxpayer assist- ceived voucher proposal with the char- on the charter school bill. ance that has already been expended ter school bill, one that is bipartisan. I also want to say at the outset of my for charter schools in States and com- Even though I have concerns about the remarks that it is unfortunate and I re- munities across the country. charter school legislation, I do not ap- gard it as beneath the gentleman from But Ms. Ravitch and Mr. Galston go preciate the Republican leadership California [Mr. MARTINEZ], who I re- on to write, ‘‘But while all of these ef- using that bipartisan bill as a political spect professionally and regard as a forts are moving in the right direction, hockey puck by issuing a rule to marry personal friend, to attack the so-called we have concluded that for the poorest it with the voucher bill after separate religious right or Christian Coalition. I children, those most at risk of failure,’’ votes on each measure. think that is a rather specious argu- and let us be clear where most of those Members should know that H.R. 2746, ment to interject into this debate. children are, they are in our urban the HELP, or should I say Hurt, Schol- I will just get this off my chest, as communities, they are too often arship Act was never marked up in well, at the outset just so everybody trapped in failing inner-city school dis- committee, did never receive a hearing. knows, particularly Americans listen- tricts, where they have to attend un- This legislation was created in a politi- ing to this debate today, when we talk safe or underperforming schools, ‘‘for cal vacuum that leaves us no room for about bipartisanship, please under- those children most at risk, even dissenting views or open debate. stand that, like welfare reform, what stronger measures have to be tried. Now before us, as the gentleman from we are talking about is perhaps half State legislatures in Wisconsin and Indiana [Mr. ROEMER] has said, we have House Democrats supporting the idea Ohio have enacted laws to permit poor a discharge petition without benefit of of expanded parental choice in public children in Milwaukee and Cleveland 218 signatures. I guess if we operate as education for these new breed of public to receive means-tested scholarships a dictatorship, we will do that. schools, these independent charter for nonpublic schools.’’ Madam Speaker, we have before us a schools. Maybe half will vote with us. And that is what we are trying to do. rule that continues a ridiculous closed About half voted with us in committee. With the HELP scholarship proposal October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9825 here today on the floor, we are trying In The Washington Post, there is an- for their special environment, he argues, a to expand on the programs in Milwau- other article entitled ‘‘A Conservative lot of parents won’t exactly welcome seeing kee and Cleveland. I will have more to Case Against School Choice,’’ that that environment changed by paving the way say about those programs later. Government money can come without for people who weren’t willing to make that choice on their own. But I want to add now that those pro- Government strings attached. That’s a practical political concern also grams have shown a direct correlation I would encourage my colleagues not voiced by Republican pollster William to increased parental involvement, in- to vote for the vouchers, to defeat the McInturff. He did a lot of early work in favor creased parental satisfaction, and what rule, to defeat vouchers and vote for of the school-choice issue and generally re- should be the bottom line for all of us, the cradle of innovation. Vote for mains a fan. But at a recent meeting of Re- if we are going to approach these issues strong, strong public school voice. Vote publicans in Indiana, Mr. McInturff and his on a nonpartisan basis or, as the Presi- for creative new ideas that will rescue firm warned Republicans that there are lim- dent has said, if we are going to leave its of school choice as a national policy. our public school system, keeping dol- On VOUCHERS, Mr. McInturff worries partisan politics at the schoolhouse lars in public schools, and not giving about a backlash from middle-class parents door, what should be the bottom line is Government strings and Government who have chosen, of their own free will, to that those programs, experimental in attachments to our private school sys- take a financial hit to send their kids to pa- nature, have led to a substantial in- tem. rochial or private schools. These parents crease in pupil performance. That is Madam Speaker, I include the follow- may see school vouchers as merely a path to the bottom line here. ing for the RECORD: let in people who weren’t willing to make the same sacrifice on their own, thereby So Galston and Ravitch were making [From the Wall Street Journal, Sept. 3, 1997] a linkage. And the bottom line here, as eroding the specialness they thought se im- SCHOOL CHOICE: NO CLOSED BOOK ON RIGHT portant for their kids. ‘‘Those parents think far as I am concerned, the American FLANK they have made difficult and painful sac- people want more choice. They have (By Gerald F. Seib) rifices to put their kids in those schools,’’ spoken, colleagues. When asked if par- It’s September, so the kids are back in Mr. McInturff says. ents should be allowed more control to school, the teachers are at the front of the More broadly, he thinks many parents hear choose where their children are edu- class, and the education debate is about to school-choice rhetoric and conclude that it cated, two-thirds of the American peo- begin in Washington. It promises to be a lot means ‘‘somebody else’s school will get ple say yes. That is why we are on the more interesting than that 7:30 a.m. college fixed, not mine.’’ His polling suggests Repub- floor with these two bills today. calculus class you’ve tried to forget. licans score better with the public when they For his part, President Clinton will be stress improving teacher standards, getting Mr. HALL of Ohio. Madam Speaker, I parents more involved and forcing more at- yield 21⁄2 minutes to the gentleman stepping out to promote nationally standard- ized tests, arguing they will help parents tention to basics in the classroom. from Indiana [Mr. ROEMER]. This is a big, broad debate that, far from gauge schools and force educators to whip Mr. ROEMER. Madam Speaker, I rise being settled, is only really beginning. The them into shape. Conservative Republicans vehicle for carrying it out this fall will be in strong opposition to the rule, in will claw back, arguing, on principle, that legislation introduced by Georgia GOP Sen. strong opposition to vouchers, and in standardized tests will only pull the federal Paul Coverdell, which calls not for vouchers, very, very strong support of our bipar- government deeper into state and local edu- but for a kind of first cousin to them. It tisan legislation on public charter cational systems. would allow parents to put as much as $2,000 schools. Meanwhile, surely all those conservatives a year into a tax-free savings account, then will be renewing their standard arguments in Madam Speaker, I think it is appro- withdraw the money for tuition at a private favor of school choice, including government priate on Halloween that we talk about elementary or secondary school. vouchers to help parents move their kids out a ghoulish, strange, scary rule that has Some people who don’t like vouchers—Mr. of public schools and into private ones. That, brought this particular set of cir- Trowbridge, for one—think this is a good al- after all, is the universal view on the right, ternative, because it doesn’t involve a direct cumstances to the House floor, where isn’t it? payout from the federal government. Others we will vote on a very, very weak bill, Well, not exactly. want to go all the way to vouchers, giving the voucher bill, that has never had a Anybody who thinks the conservative book even low-income parents a full ‘‘choice’’ in hearing, that has never been marked on school choice is closed will be surprised to picking schools. The Clinton administration open the new edition of National Review, a up in committee, that has, as I called will argue against all these variations, on Bible of the right, and find a long essay argu- it in the Committee on Rules, I called the grounds that they amount to abandoning ing that conservatives ought to oppose it a discharge petition, without 218 the public-school system that still educates school vouchers. Vouchers, of course, would votes automatically going to the House 90% of American kids. Take notes; there will essentially be government rebates to help be a political test in 1998 and 2000. floor, without debate. parents pay the cost of private schooling. In the building trade, they have a The essay, written by Ronald Trowbridge, a [From the Washington Post, Sept. 8, 1997] term for this, Madam Speaker. It is prominent conservative commentator from called a cleat, where you have a very, Hillsdale College in Michigan, reflects a A CONSERVATIVE CASE AGAINST SCHOOL very weak board and you staple or nail small but significant school of thinking on CHOICE a strong board to support that. Well, in the right that argues for re-examining the (By Timothy Lamer) this case, the weak board is the vouch- philosophical and political underpinnings of No issue unites the right as school choice er school bill, and the strong piece of the school-choice debate. does. The religious right, neocons, Mr. Trowbridge argues that conservatives legislation, the bipartisan piece of leg- culturecons, supply-siders, and libertarians ought to oppose school vouchers for the same all argue that vouchers will unleash market islation, the legislation that is bold reason they oppose federally written stand- forces and break the iron grip of the Na- and innovative and saves our public ard tests: Government vouchers will invite tional Education Association. Many on the schools, every child and every school, government interference in private schools. right also see school choice as a means to is the charter school bill. This, he writes, already is the view of many promote moral and religious education. But I would encourage my colleagues on grass-roots Republicans and conservatives is publicly funded school choice really con- the right, who are always concerned who oppose vouchers because they ‘‘realize servative? In arguing for vouchers, many of about Government intervention and that government money to private schools my brethren on the right sound a lot like lib- Government strings being attached to sooner or later will be followed by govern- erals. Some examples: ment control.’’ The Egalitarian Argument. James K. Government money, I would refer and I Mr. Trowbridge is, frankly, a little ticked Glassman makes this common argument in a would ask unanimous consent to have that conservatives and Republican leaders Post column [op-ed. Sept. 3]: ‘‘But there’s extraneous material entered into the have given so little attention to this argu- the matter of justice too. Chelsea Clinton’s record, a Wall Street Journal article ment on vouchers. ‘‘They are all just raving parents can choose the best school for their written by Gerald Seib referencing a about choice, and they never suggest there is child. Why can’t the parents of the poorest Mr. Trowbridge, who says, ‘‘Govern- anything that could possibly be wrong with kids on the most dilapidated, drug-infested ment vouchers will invite Government it,’’ he says in an interview. block in Washington, Los Angeles or New- interference in private schools.’’ ‘‘Gov- Aside from the philosophical problem of ark? opening the door to more government in- Well, from that point of view, does justice ernment vouchers will invite Govern- volvement in private schools, Mr. Trow- demand that the government provide poor ment interference in private schools.’’ bridge worries about the political downside families the same choices rich families have Your Wall Street Journal, your private risks for Republicans. Having made the deci- in, say, health care? Conservatives have long schools, your argument. sion to send their children to private schools argued that inequality is a fact of life and H9826 CONGRESSIONAL RECORD — HOUSE October 31, 1997 that when governments try to do something as Pell Grants and student loans have be- they have been educated about what a about it, they end up harming everyone; that come? Will vouchers be used by liberals as an bad idea this is. The last 20 times it has instead of building up the poor, they tear excuse to regulate private schools, as stu- been on the ballot it has gone down by down the wealthy and middle class. Could dent aid has been used to regulate higher margins averaging 3 to 1. Vote no on vouchers harm private schools instead of education? Shouldn’t conservatives be at helping public schools? Conservatives who least a little worried that if vouchers are this rule. It is a bad bill. usually make such arguments against mis- ‘‘like Pell Grants,’’ they just might bear the Mrs. MYRICK. Madam Speaker, I guided egalitarianism should at least con- same sour fruit? yield 10 seconds to the gentleman from sider the possibility. Some on the right (including me) are leery California [Mr. RIGGS]. The Right-to-a-Subsidy Argument. The of school choice. For one thing, it looks an Mr. RIGGS. Madam Speaker, I just Heritage Foundation’s Dennis P. Doyle and awful lot like taxing citizens to advance reli- want to make it very clear. We have Fordham University’s Bruce C. Cooper argue gious teachings with which they disagree, a had extensive hearings in the sub- in another recent Post article [Outlook. type of coercion that should be especially committee and the full committee on Sept. 1] that without school choice, poor distasteful to religious citizens. And a heavy the issue of greater parental choice and children’s religious liberties are being vio- burden of proof is on those who claim, lated. In other words, the Constitution against the weight of history, that govern- competition in education. We had hear- obliges taxpayers to send poor children to re- ment money can come without government ings on the charter school bill. We had ligious schools if their parents so choose. strings attached. hearings on the various legislative pa- ‘‘The First Amendment clearly proscribes Fears about school choice may turn out to rental choice proposals, including the the establishment of a state church,’’ they be unwarranted, but the liberal arguments one that is on the floor. write. ‘‘But it also guarantees the ‘free exer- some conservatives use to advance vouchers Mrs. MYRICK. Madam Speaker, I cise’ of religion.’’ aren’t reassuring. yield 4 minutes to the gentleman from ‘‘Poor children—compelled by economic b Missouri [Mr. TALENT]. necessity to attend government schools—are 1045 denied the opportunity to freely exercise Mr. HALL of Ohio. Madam Speaker, I Mr. TALENT. Madam Speaker, I their religious beliefs within a school set- yield 2 minutes to the gentleman from thank the gentlewoman for yielding me ting,’’ they maintain. Virginia [Mr. SCOTT]. this time. There have been a number of This argument—that First Amendment Mr. SCOTT. Madam Speaker, I rise to comments this morning, Madam guarantees are not rights protected against strongly oppose this undemocratic Speaker, about the fact that this bill government intrusion, but entitlements pro- comes up under an unusual procedure. duced by government spending—is normally process in which the voucher bill is being considered today. It is ridiculous It does. These are unusual times we employed by extreme liberals, not Heritage live in. There are millions of children Foundation fellows. Do Doyle and Cooper that the House will consider a bill think the government should have to buy which has existed for 1 week, had no trapped in schools, in America’s urban printing presses for poor people so they can hearings, no markups, now being con- core, where they do not learn, where exercise their freedom of the press? Do they sidered under a closed rule, thereby they are not safe, and where their par- agree with liberals that artists supported by preventing Members from offering ents know with a terrible certainty the National Endowment for the Arts have a amendments. that the schools are not going to First Amendment ‘‘right’’ to a federal sub- Madam Speaker, there is one amend- change. sidy? Poor people have the right to freely ex- ment that I would have liked to have Madam Speaker, I suggest that the ercise their religion, but they don’t have a only thing worse than being without right to do it with other people’s money. had the opportunity to offer, and that The Every-Other-Civilized-Country-Does-It would be to ensure that civil rights opportunity yourself is to know that Argument. Doyle, this time in the American protections for all students would be unless you can do something that you Enterprise, writes, ‘‘In the Netherlands, for available. Any entity that receives feel you cannot do, your children are example, 70 percent of children attend de- Federal aid must comply with Federal not going to escape, your children are nominational schools at public expense,’’ and civil rights laws and the Justice De- not going to have any hope or any op- ‘‘America is the only civilized country in the portunity. This bill, the HELP scholar- world that does not support religious ele- partment is empowered to enforce those laws. This bill contains a statu- ships, offers a hand to these parents. It mentary and secondary schools’’ with gov- gives their kids a chance, a modest ernment funds. tory trick that declares private schools Liberals often argue that every other civ- receiving vouchers are not recipients of chance, but a chance at a decent edu- ilized country has high tax rates, statist Federal funds and therefore not subject cation and a good school. If ever a bill health care and so forth; therefore the Unit- to Federal enforcement of civil rights aided the powerless, it is this bill. But, ed States should too. Conservatives usually laws. This provision is in the bill inten- Madam Speaker, if ever a bill offended retort that America’s unparalleled prosper- tionally. the powerful, it is also this bill, be- ity is a result of our relative lack of govern- The closed rule protects it from cause there is in this country an estab- ment interference in the economy. We point lishment, and I speak here without out that if this country had French-style amendments so that we cannot correct economic policies it would also have French the egregious problem or any other malice, but an establishment that con- levels of unemployment. problems that exist with the bill. Make trols millions of dollars, whose power A similar argument could be made against no mistake about it, the acceptance of and prestige and position depend on de- Doyle. Why is the United States more reli- the rule is acceptance of the inten- fending the status quo and public edu- gious, relatively speaking, than the coun- tional exclusion of the applicability of cation in these poor neighborhoods. tries he holds up as models? Perhaps because Federal civil rights laws. That establishment, Madam Speaker, keeping church and state separate has served is not fighting this bill because they to strengthen religion in America. Madam Speaker, I would also like to The Just-Like-Pell-Grants Argument. On have considered amendments that are afraid it will fail. They are fighting his show on the conservative NET channel. would have informed parents of ex- it because they believe it will succeed. Dan Mitchell of the Heritage Foundation re- penses and special education students They are not fighting this bill because cently condemned the ACLU’s opposition to of services available to them. But the they think it will result in poorer edu- school choice: ‘‘What’s their rationale? Well, acceptance of this rule prevents it from cation for these children. They are (they say) this is a subsidy to a religious being exposed for what it is, bad civil fighting it because they think it will school. Well, now, hold on a second. You rights policy, bad policy for parents of result in better education for these have students attending Brigham Young children if they have the same chance University, Notre Dame University, all sorts children who would be lured into this of Catholic, Protestant, Jewish—all sorts of scam, as well as bad policy for the 99 and the same options that all of us religious colleges—with Pell Grants and stu- percent of the children who will be left would want for our children in those dent loans from the federal government.’’ behind in overcrowded, crumbling and circumstances. That establishment Bob Dole said that the vouchers in his school unfunded schools. does not want the embarrassment of choice proposal would be ‘‘like Pell Grants.’’ Madam Speaker, as for the poll that having it proven that at much less If vouchers are like Pell Grants, does that suggested that people supported this, cost, these kids can be educated. It is mean they will wildly inflate tuitions at pri- that poll measures only the knee jerk not some great deficiency with them, vate schools, as Pell Grants and student loans have done at colleges and universities? reaction to a sound bite. We ought to but rather the system that has failed Will school choice become a sacred-cow pro- put up a graph that shows what hap- them and has failed their parents as gram that grows every year and that Repub- pened when people had an opportunity well. And so that establishment has licans can cut only at a steep political price, to vote on it on a referendum, after supplied enormous and unrelenting October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9827 pressure against this bill and against separately before being joined together leged classes. Let us be candid. Private Members of Congress to oppose the bill. and sent to the Senate and thereafter schools, even if you had a voucher, do I appreciate those of my colleagues to the President for his signature or not have to take you, so the troubled who have been holding out and appre- veto. students from inner cities and the ciate those who are going to vote for The first bill has never been consid- troubled students from poor commu- this rule. I think we are going to pass ered, the bill on vouchers, by the au- nities do not automatically get a this rule, and I am grateful to all of my thorizing committee. This is quite a choice even with their plan. But more colleagues for that. So, yes, Madam trick. The other measure, H.R. 2616, importantly, we ought to be assisting Speaker, this bill is here under an un- deals with charter schools. It has re- public school education, where most usual procedure. But the really un- ceived great support by a majority of students attend school. We need to usual thing about it is that it is here at Republicans and Democrats on the work on providing repairs for dilapi- all, given the opposition to it. It is Committee on Education and the dated schools. We need to expand build- only here because of the forbearance Workforce. Charter schools are public ings and build new schools for over- and the patience of the gentleman from schools that are created by commu- crowded schools. We need to upgrade Pennsylvania [Mr. GOODLING], the nities to stimulate reform and provide technology for schools that are behind chairman of the Committee on Edu- an alternative to traditional public in the technological age. We have op- cation and the Workforce, because of school systems. In short, charter portunities for innovation and for the persistence of the gentleman from schools are a real treat for parents and choice, charter schools. I support that California [Mr. RIGGS], because of the children alike. I strongly oppose vouch- concept. We need to help our local compassion of the gentleman from ers and strongly support charter communities in a real way, supporting Oklahoma [Mr. WATTS], and because of schools. I urge my colleagues to vote public education, not through benign the courage of the gentleman from New no on this misguided rule. paternalism for a few. I urge rejection York [Mr. FLAKE]. To them, to those Mr. HALL of Ohio. Madam Speaker, I of the rule. men who have done so much on behalf yield 1 minute to the gentleman from of these people who are so powerless, I Florida [Mr. DAVIS]. b 1100 express my appreciation. I ask all the Mr. DAVIS of Florida. Madam Speak- Members to remember, if we do not er, the issue before the House today is Mr. HALL of Ohio. Madam Speaker, I represent these people, nobody is going a fundamental one, and that is how to yield 1 minute to the gentleman from to represent them. Do the right thing, improve the public education system California [Mr. DOOLEY]. vote for this rule, give these people a for our children. There are two stark (Mr. DOOLEY of California asked and chance when the bill comes up for a choices. The first is the voucher, which was given permission to revise and ex- vote on final passage. at best is a huge untested experiment tend his remarks.) Mr. HALL of Ohio. Madam Speaker, I that threatens to significantly under- Mr. DOOLEY of California. Madam yield 1 minute to the gentlewoman mine our ability to fund our public Speaker, I rise in very strong opposi- from California [Ms. WOOLSEY]. schools. The other choice is charter tion to this rule, and I do so because we (Ms. WOOLSEY asked and was given schools. Charter schools are one of the have two very important bills which permission to revise and extend her re- most promising reforms taking place have diametrically opposing objectives marks.) in our country today with respect to and it is senseless for us to consider Ms. WOOLSEY. Madam Speaker, a public education. They are often cre- them in one particular rule. sound public school system is how we ated by parents, by teachers and by The voucher bill will, without ques- prepare all of our children for the high communities who personally know tion, undermine our public education skilled, high wage jobs that ensure children and care about them. system. It will siphon money out of our America’s leadership in this world mar- In my State, Florida, as in many public schools, which will ensure that ketplace and ensures that these chil- States, many of the children that are we will see a deterioration in the edu- dren will earn a livable wage and not enjoying the benefits of charter schools cation that can be afforded to our Na- be on welfare as adults. Public edu- are children with special needs, are tion’s children. cation is the backbone of our country. children that are at risk. In the 5 Vouchers will certainly undermine It is why we are a great Nation. Public schools that have opened in Florida, what has been one of the most impor- education is available to all. It does and certainly with respect to the over tant historical institutions in this not discriminate, and it must be 15 yet to come, over half of the chil- country, which has led more to our strengthened, not weakened. dren who were underperforming in the economic advancement than anything Today’s rule will profoundly weaken traditional public school setting are else, our public schools. We cannot af- our public schools, forcing charter now performing at at least above aver- ford to go down that path. school supporters to go on record sup- age in these schools. These schools are But there is a path we must take, and porting school voucher plans that sup- innovative, they are unencumbered by that is embodied in our charter schools port a religious school. That, Madam many of the rules plaguing our public bill. We need to unleash the creativity Speaker, flies in the face of providing school system and they have smaller and the innovation in our public opportunity to all children. We do not class sizes. These are positive reforms, schools, and charter schools will pro- hesitate in thinking that religious not an abandonment of the public vide that incentive. schools should be available. What we school system. We need to support say is choose your religious school. Do charter schools and defeat vouchers. For all too long, we have standard- not take it away from our public edu- Mr. HALL of Ohio. Madam Speaker, I ized the process of education in our cation system. That is where the real yield 1 minute to the gentleman from public schools. We need to unleash that opportunity lies. Maryland [Mr. WYNN]. creativity, and charter schools will re- Mr. HALL of Ohio. Madam Speaker, I Mr. WYNN. Madam Speaker, I thank lease that creativity and innovation. yield 1 minute to the gentlewoman the gentleman for yielding me this Mr. HALL of Ohio. Madam Speaker, I from California [Mrs. TAUSCHER]. time. I rise today in strong opposition yield 1 minute to the gentleman from Mrs. TAUSCHER. Madam Speaker, I to this misguided rule and even strong- North Carolina [Mr. ETHERIDGE]. rise today in opposition to this mis- er opposition to this notion about a Mr. ETHERIDGE. Madam Speaker, I guided rule and urge my colleagues on voucher bill. Traditionally in politics rise in strong opposition to this latest both sides of the aisle to vote against we try to do the most good for the voucher bill to use taxpayers’ money to it. This rule offers us tricks and treats most people. subsidize private and religious schools, just in time for Halloween. The rule we In America 90 percent of the students and I urge my colleagues to vote are considering this morning provides a attend public schools. The Republicans against this rule. It is misguided, it is complicated procedure whereby two today would like to do a little good for wrong, and it is not what is in the best separate bills, one bipartisan on char- a few people, and that is why they are interests of the 90 percent of the chil- ter schools and one controversial on advocating a voucher plan that they dren in this country who attend public vouchers can be considered and passed say will give choice to the underprivi- schools every day. H9828 CONGRESSIONAL RECORD — HOUSE October 31, 1997 I sought this office because I could They work, and they are a good idea, Mrs. ROUKEMA. Madam Speaker, I not stand by and watch the revolution- but there are problems with those, too. thank the gentleman for yielding me ary Members of this Congress scape- So we need to pay attention to those time. goat, run down and bad mouth our chil- problems. They are right on the front Madam Speaker, I wanted to say as a dren and our public schools of this page of the Washington Post today. I member of the authorizing committee country. This voucher bill is the latest can tell you stories about religious ac- and a strong, strong supporter of char- attack on our public schools. Make no tivities that have taken place at these ter schools, I must rise in opposition to doubt about it, it is an attack on our charter schools that are questionable. this rule. I also want to associate my- children, their parents and their com- The governing structural we have in self with the remarks of my colleague munities, and I urge Members to vote terms of freely elected people that on the committee, the gentleman from against it. work and set the policies for our public Indiana [Mr. ROEMER], who observed Public education is the foundation of schools in our States and local commu- that here we are on Halloween with a strong America. Our public schools nities are enormously important. Give this scary rule. I totally agree with the have served as a great equalizer in this them the support they deserve, rather gentleman. country, and now we want to under- than using them as a political scape- I cannot support this rule. It is an ex- mine that. We cannot and must not let goat. traordinary departure from acceptable procedures. We should not have to take this happen. We can improve our Mrs. MYRICK. Madam Speaker, I 1 into account as we vote on charter schools. yield 1 ⁄2 minutes to the gentleman schools the fact that this rule will be This is a defining vote. Members of from Florida [Mr. GOSS]. putting these two bills together as one, this House are either for strong public (Mr. GOSS asked and was given per- mission to revise and extend his re- making vouchers part of the charter schools, or they are against public marks.) school if it passes. That is the issue schools in this country, and I urge Mr. GOSS. Madam Speaker, I thank here on this vote. Members to vote against this. the distinguished gentlewoman from This can only be conceived as a de- Mr. HALL of Ohio. Madam Speaker, I North Carolina for yielding. vice to drag through vouchers because yield 2 minutes to the gentleman from When it comes to educating our kids, it has serious opposition and it could Minnesota [Mr. VENTO]. Washington does not know best. For not survive on its own in full and open Mr. VENTO. Madam Speaker, I rise too long we have had this top-down ap- debate and in committee analysis. in strong opposition to this rule. It is proach here that the Federal role in I oppose the rule. Support charter an unfair rule in terms of gagging the education is what it should be, and who schools, but oppose this rule. consideration of this voucher bill, and, is paying the price for the failure? Our Mrs. MYRICK. Madam Speaker, I I think, not providing good consider- kids are paying the price, and we all yield 1 minute to the gentleman from ation of it. know it. They are not receiving the New York, [Mr. SOLOMON], the distin- Quite frankly, I am appalled at the quality education they deserve, parents guished chairman of the Committee on fact that a bill like this would come to are certainly not being utilized to their Rules. the floor in terms of proposing vouch- full potential in the education process, Mr. SOLOMON. Madam Speaker, ers. Our whole tradition as a Nation for and the time has come for change. there is nothing unusual about this 200 years has been to build a solid pub- I happen to think charter schools rule. We had the option of putting this lic education system, and that has been represent good change, a unique ap- rule out, making in order the charter the core and the foundation on which proach that empowers parents, teach- bill and substitute the Watts-Flake our Nation has been so successful. ers, students, letting them work to- amendment to it, or to put them out as I do not want to denigrate private gether to determine what actually two separate bills so that the issues schools. These exclusive, elite religious works in education. could be separated and Members would schools do a lot of good. I am a product Local communities, not Washington have the choice of voting for either or of such schools. But I am also an edu- politicians or special interests, estab- both if they want to. That is a reason- cator and worked for years in terms of lish then what the curriculum is going able rule. You ought to come over here teaching, and the abandonment of the to be and how it works. I think it is a and vote for it. Let me mention on behalf of the gen- public school system which is taking fact, charter schools are cost-effective. place by virtue of trying to hold out tleman from Michigan [Mr. HOEKSTRA] They get money to the classroom, they here that we have had 15 hearings in 13 this false hope of vouchers is wrong. enhance accountability, and are gain- The issue here is going to be that we States and heard over 200 witnesses ing popularity around the country. It overwhelmingly expressing support, cannot abandon them. This is the aban- is time to deal with that. donment of the public school system, is parents of different socioeconomic The HELP Scholarship Act, to pro- backgrounds for more choice. what this is. That is the message you vide real educational opportunities for are sending to hundreds of thousands of Let me say in this country, and I the poorest of the poor in America, this think the gentleman from New York students in my State in saying you are is a good idea. The real question [Mr. FLAKE] in New York City said it going to provide vouchers for a couple though is a far more reasonable one: very, very clearly. We spend billions of hundred here and have a debate. Do you support giving local commu- dollars on education at the Federal, This is a false hope. This is an aban- nities the option, and I say option, of State, and local level. Even with all donment. Do not give up on the kids in using some Federal dollars on scholar- these dollars, American children con- this country. Do not give up on the ships for their poorest children? Who tinue to lag behind other nations in public education. Do not give up on the would say, no? That makes good sense. most areas of achievement, particu- 200 tradition we have had of building I am inclined to support and trust larly in the inner cities of this country. education for democracy. It has been the local folks back home. We vote for We need to stick up for the inner cities the basis of our success, and we are the them at school board time. They do a of this country. most successful culture and society in pretty good job. I think their judgment Isn’t it about time we start thinking the history of the world. deserves to be heard in this. about the future of these children? I What are we about here? Creating Madam Speaker, I think it is time am the father of five and the grand- false hopes where they do not have that we got the education of our coun- father of six. We need to give all these room in terms of these, where these try’s children back in the classroom, children whatever level, whatever their schools can exclude individuals when where it belongs, and out of Washing- ethnic backgrounds, a future. Come they want to. We know the way the ton, DC, the land of special interests over here and vote for both of these system works for the elite and others. and all wisdom. bills. Yes, the schools work; but the fact is Mr. HALL of Ohio. Madam Speaker, I Mr. HALL of Ohio. Madam Speaker, I the fundamental thing for the people in yield 2 minutes to the gentlewoman yield one minute to the gentlewoman this country is to maintain a good pub- from New Jersey [Mrs. ROUKEMA]. from Texas [Ms. JACKSON-LEE] lic education system and improve it. I (Mrs. ROUKEMA asked and was (Ms. JACKSON-LEE of Texas asked have seen charter schools. They were given permission to revise and extend and was given permission to revise and initiated in my district in Minnesota. her remarks.) extend her remarks.) October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9829 Ms. JACKSON-LEE of Texas. Madam not think they have the votes for that ing their future. These same children, Speaker, let me say how unfair on the bill on the House floor. in a decent school with decent dis- day of Halloween that we play such I strongly encourage my colleagues cipline, with a fair chance, can grad- trickery. It is interesting, all those on both sides of the aisle to vote uate and go to college, not to prison. hearings about the bipartisan part of against the rule, because it is an unfair But they are trapped, 40 percent. We this, that was charter schools. We do rule, it unfairly intertwines a very know that today, from yesterday’s believe in the opportunities for parents strong bill like charter schools with paper. and local governments to involve the vouchers, if vouchers pass. How- A study just came out that said the themselves. But there was no consen- ever, the first vote next week will be longer you are in the D.C. schools, the sus on this so-called trickery, Hal- on vouchers. If we can, in a bipartisan less likely you are to score at grade loween antics and tactics dealing with way defeat vouchers, then have a level; that literally, the percentage the voucher program. straight up and down vote on charter goes up every year. The longer you are What it simply is is a complete abdi- schools, we will send the Senate the in the D.C. public schools, the less like- cation and abandonment of our respon- charter school bill. ly you are to be able to score at grade sibility of the virtues and values of We will show this country we can level. For $10,000 a year, we are not public school education; the very vir- work in a bipartisan way to help save only trapping these children, we are tue and value of public school edu- our public education system with less weakening their likelihood of scoring. cation that has trained the dominance regulation, with more bold innovative Here is what I am fascinated by. A of your scientists and doctors, lawyers, ideas. We will show this country just as ‘‘no’’ vote on this rule is a vote of fear. teachers, truck drivers, Presidents, and we worked together on balancing the What are they afraid of? Are they Congress, people of the United States budget, just as we worked together on afraid that the big inner-city schools of America. providing modest tax relief, we are that are failing will fail? They are al- How tragic, on a day when children going to work together on bipartisan ready failing. Are they afraid that chil- have fun, that we come to the well of help in solving education problems for dren might be liberated to go to a the House with a false rule that mis- all parents. school that has discipline? Why would leads all of us and abandons our chil- b 1115 Members oppose that? They say to us, dren. We need to stand on the side of we should help the public schools re- public education, stand on the side of Now, we discovered, Madam Speaker, form. But that is exactly what the bill understanding, and if we take away that the IRS was badly broken. We did of the gentleman from California [Mr. some $50 million, 90 percent of our stu- not say we were going to fix the IRS RIGGS] does. It has a charter school dents in public school education will for a couple of people; we said we were provision for the public schools. It does suffer. When they said go West, young going to fix the IRS for everybody. exactly what the gentleman says. man and young woman, those circles of Vouchers say we are going to fix In addition, we say if your local sys- wagons built the first public schools. schools for just a few thousand people tem is so terrible that you believe your Why should we in 1997 abandon those and leave the rest of these school- child’s life will be destroyed and their schools? Vote down this rule. Support children in bad public schools. future will be ruined, you should have charter schools and vote down this Let us resurrect, reform, boldly inno- the right to choose a scholarship so helpless rule that deals with taking vate in the public school system. That your child can go to a school that is away money from our children in our is what charter schools do, that is what safe, drug-free, with discipline, and has public school system. bipartisan legislation we have before us a chance to learn. What is so frighten- Mr. HALL of Ohio. Madam Speaker, I does for every child, for every public ing about that, that requires a public yield the balance of my time to the school. Let us vote down this rule. Let school to fail so badly, to be such a dis- gentleman from Indiana [Mr. ROEMER]. us defeat vouchers next week, and let aster, that the parent decides to go to The SPEAKER pro tempore. The gen- us show wide bipartisan support to vote the extra effort to make the extra tleman from Indiana is recognized for for charter schools. choice? 21⁄2 minutes. Mrs. MYRICK. Madam Speaker, I Yet, those who would vote ‘‘no’’ Mr. ROEMER. Madam Speaker, the yield 3 minutes to the gentleman from today are voting ‘‘no’’ out of fear. They gentleman from New York [Mr. SOLO- Georgia, Mr. NEWT GINGRICH, the are afraid to give the parents the right MON], my good friend, who I really like Speaker of the House. to choose. They are afraid to give the a lot and we kid each other, I respect, Mr. GINGRICH. Madam Speaker, I children the right to choose. has just said that this is not an un- thank my friend, the gentlewoman Mr. CLAY. Mr. Speaker, will the gen- usual rule. Let me bring us back to from North Carolina, for yielding time tleman yield? Halloween analogy and talk about Je- to me. Mr. GINGRICH. I yield to the gen- kyll and Hyde. Madam Speaker, I am delighted to tleman from Missouri. Now, we have a rule here, Madam follow my friend, the gentleman from Mr. CLAY. Mr. Speaker, why are the Speaker, that on the one hand we have Indiana, because I find his argument so gentlemen there afraid to have a sepa- a bipartisan charter school bill that perplexing, and I wanted a chance to rate vote on these two issues? has strong support on both sides. I be- chat about it. Fourteen years ago, Mr. GINGRICH. We have two sepa- lieve, with the help of the gentleman under President Reagan, the Depart- rate votes. This will come up as an from California [Mr. RIGGS] and my ment of Education published a book amendment. help on this side, because it invests in called ‘‘A Nation At Risk,’’ and said, Mr. CLAY. On the rule. every child, in every public school, our schools are in trouble. For 14 years Mr. GINGRICH. The votes will be with innovation and less regulation. we have heard politicians and bureau- separate. If the gentleman wants to Let us come up with new ideas to save crats promise us, soon we will fix it. vote against allowing poor children to our public education system and let us We had a report come out yesterday have the choice of going to a separate not encumber those schools with Fed- for the Washington, DC, schools, which school, is going against parents having eral and State bureaucratic dictates spend $10,000 a child. According to the the right to choose, they will get that that will hinder learning in those Department of Education, it is the vote under this rule. schools. most expensive system in the country. Mr. ROEMER. Mr. Speaker, will the Let us have these schools be cradles What did it say? It said two things. It gentleman yield? of innovation. Let us have these said, first of all, if you actually applied Mr. GINGRICH. I yield to the gen- schools be boldly having new ideas standards to second and third graders, tleman from Indiana. come forward to the schools. standards they have proposed to apply Mr. ROEMER. I would ask, Mr. On the other hand, we have vouchers. next year, over 40 percent of them Speaker, who I know visits many We do not have any markups on this would fail. schools in Washington, I have visited a bill in committee, in the Committee on Now, the children are not failing. The school called the Options Charter Education and Labor, because they do 40 percent who are going to fail are School, where they serve 100 percent not have the votes for that bill. I do children trapped in a system destroy- minority, 100 percent eligible for free H9830 CONGRESSIONAL RECORD — HOUSE October 31, 1997 and reduced lunches. Most of those stu- public school. We have lived our per- funding exceeded appropriations by $24 mil- dents are two to three grade levels be- sonal commitment. I have taught in a lion. We are addressing this problem in this hind where they should be, and they public high school. The gentleman charter schools amendments bill. We need the failed through the D.C. public school from Pennsylvania [Mr. GOODLING] increased authorization to meet the $100 mil- system. spent years of his career in public lion appropriation, and we need the increase We created a charter school there. schools as a teacher, as a coach, as a in the length of the Federal grant from 3 to 5 That is our solution partly, not a pana- counselor, as a principal. We are com- years to meet this need. cea or silver bullet, but this Options mitted to public school, and we live it. The need will not be met if we attach a Charter School, to say we want to help Our children have been there. But we voucher provision to this bill. The HELP Schol- with discipline, with safety, with more also do not believe children should be arship Act was only introduced into the House parental involvement, with better ra- destroyed on the altar of a union and 1 week ago. It has not been subjected to com- tios of students and teachers in these children should be destroyed on the mittee scrutiny, and no hearings have been charter schools, and experimentation. altar of a bureaucracy. held on this bill, cutting out the hearing proc- That is our solution. Notice what this rule does, because I ess and any input from the people on whom Mr. GINGRICH. OK. But I would say think the gentleman ought to be fair it would have the greatest impact. The attach- to my friend, first of all, voting for this about this. This rule brings to the floor ment of this voucher language in conference rule brings that option to the floor, the charter school bill to help public would clearly compromise the bipartisan na- and I will vote with the gentleman on schools. That is coming to the floor ture of the charter school bill. It should be con- that option. There is no reason to be under this rule. So a ‘‘yes’’ vote here is sidered on its own merit after appropriate against this rule if the gentleman not an antipublic school vote. A ‘‘yes’’ committee scrutiny and approval. wants to help charter schools. This vote here is a pro public school, pro Unlike the HELP Scholarship bill, the Char- rule brings the charter school bill to charter school vote, and a positive vote ter School Amendments Act was considered the floor. for those children and those parents by its committee of jurisdiction, the Education But what seems to be frightening the trapped in bad neighborhoods that the and the Workforce Committee. After commit- gentleman, and I am not sure why the system has not reformed. tee members had an opportunity to amend the gentleman is frightened, is we also I just want to pose this thought. I bill, it passed out of committee with a strong, offer an alternative, if in fact there are had 70 children surrounding me yester- bipartisan majority. I urge my colleagues to not charter schools, or there are not day, 70 children, all of them African- vote against the rule to allow attachment of enough charter schools, or the school is American, all of them from a neighbor- the HELP Scholarship bill in conference. It so terrible. hood where, for $10,000 a year, their bu- threatens final passage of this important legis- And I would point out to the gen- reaucracy had failed them. I would say lation. tleman, the President the other day to my friends in the Democratic Party, Mr. ADAM SMITH of Washington. Madam went to Chicago where Mayor Richard why do they keep the children trapped? Speaker, I rise to oppose this rule to join two Daley is doing a good job. The Presi- What are they so afraid of that they bills, H.R. 2746 and H.R. 2616. These bills re- dent said, if you cannot fix the school, will not give the parents a chance to flect two fundamentally different concepts of fire the principal. If firing the principal save their children from jail by giving what is needed to improve the education sys- does not work, fire the teachers. If that them a chance to go to a school with tem in our country, and combination is abso- does not work, he said, close the discipline, that is drug-free, where they lutely unacceptable. school. graduate and have a chance to go to H.R. 2746, Helping Empower Lower Income We have an alternative. There are college? Parents Scholarships, is a voucher bill that will 4,000 slots available today in Washing- Vote ‘‘yes’’ on this rule, and let us steal money from our public school system. At ton, DC, for children to go to schools have an honest up-or-down debate on a time when our public school system is in that are private, that have a high grad- some very good public school choice desperate need of resources to assure all chil- uation rate, that have a high education and some very good parental choice. dren in this country are given the educational rate, that have a low drug-use rate, Mr. MORAN of Virginia. Mr. Speaker, I rise opportunities they deserve, this bill moves us that have a low violence rate. There today in strong support of this bipartisan bill in the wrong direction. Giving a small number are 4,000 slots available today. We have but with disappointment in the majorities' use of students taxpayer money to attend a private an answer when the President closes of this important legislation to advance their school does nothing to improve our school that school he talked about. I do not political agenda. system as a whole and takes away resources know that the gentleman has an an- Most of us agree that we need to present from the 90 percent of the children in our swer to that. some form of alternative for children who do country who attend public schools. This is not Mr. ROEMER. Madam Speaker, if the not have access to quality public schools. the kind of change we need. gentleman will continue to yield, I do Charter schools present a viable alternative to H.R. 2616, the Charter School Amend- have an answer. traditional public education for all children in ments, is the type of innovation that could im- Mr. GINGRICH. What is the gentle- the United States. Offering a choice to 2,000 prove our public school system and these man’s answer? students for whom there is insufficient space changes make sense. Charter schools provide Mr. ROEMER. My answer is the in the schools they could afford with vouchers for local control and opportunities for innova- Democratic Party’s model is the Chi- is not a solution. tion in a public school system, while assuring cago reform system. On Wednesday, the District of Columbia the schools are held accountable to specified Mr. GINGRICH. What happens in a chartering authority interviewed applicants in- standards. All students can take advantage of neighborhood—— terested in opening 1 of the 20 new charter the opportunities that charter schools provide Mr. ROEMER. You do fire teachers, schools that we authorized last Congress. I and these changes encourage the first class principals, and you reconstitute am optimistic about these new schools. There schools that we are looking for in our public schools that are not working. That is are currently 3 charter schools operating in the school system. what we are doing in Chicago. We are District. This is fewer than the number of char- Congress must be allowed the opportunity not giving up on the public school sys- ter applicants approved by the Charter School to debate and vote on these two fundamen- tem. Board. The other approved charter schools tally different bills separately. Mr. GINGRICH. We are not, either. could not open because they lacked sufficient Ms. JACKSON-LEE of Texas. Mr. Speaker, If I may reclaim my time, Madam startup funds. This is not the result of District I rise this morning in opposition to this rule. Speaker, I just want to make a point of Columbia financial mismanagement. As my My colleagues, this is nothing less than an ex- here. I think this particular canard colleagues know from their own States and traordinary rule. This rule provides for consid- needs to be put down right now. I am a districts, it has been the case for approved eration of two entirely unrelated pieces of leg- little fed up with Democrats who come charters nationally. Some 59 percent of char- islation: H.R. 2616, the Charter Schools in here and say, well, you all do not ter school operators reported a lack of these Amendments Act and H.R. 2746, the Helping want to save the public schools. funds. With the passage of enabling legislation Empower Low-Income Parents Scholarships Let me make two points. First of all, in more States every legislative session, start- Act. Ironically, although perhaps not unexpect- I went to public school. My children up funding needs will only increase. In fiscal edly, the rule allows amendments to H.R. went to public school. My wife went to year 1997, State requests for charter school 2616, a bipartisan bill enjoying broad support, October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9831 but requires that H.R. 2746, a controversial order, and an amendment that may correct DeLay Kasich Redmond Diaz-Balart Kelly Regula and deeply flawed piece of legislation, be con- such a provision is unquestionably germane. Dickey Kim Riggs sidered under a completely closed rule. Fi- Nine out of ten American children attend pub- Doolittle King (NY) Riley nally, although the rule allows for a separate lic schools, we must not abandon them, their Dreier Kingston Rogan vote on each bill, it requires the Clerk to join reform is our hope. Duncan Klug Rogers Dunn Knollenberg Rohrabacher them into a single bill before transmittal to the I would like now to contrast the harm H.R. Ehlers Kolbe Ros-Lehtinen Senate, thus, joining two unrelated bills into 2746 would bring to the American public Ehrlich LaHood Roukema one. school system to the good that is promised by Emerson Largent Royce English Latham Ryun This rule is certainly a clever and strategic H.R. 2616. H.R. 2616 is a bill to which we all Ensign LaTourette Salmon ploy to give H.R. 2746 some cover as it can, and should, lend our support. H.R. 2616 Everett Lazio Sanford moves into the Senate. Do we really want the enjoys broad bipartisan support and encour- Ewing Leach Saxton education of our Nation's young people sub- Fawell Lewis (CA) Scarborough ages innovative approaches to educating the Flake Lewis (KY) Schaefer, Dan ject to clever political and partisan ploys? Do children in our public schools. The key ele- Forbes Linder Schaffer, Bob we really mean to allow the American public ments of charter schools are that they give Fowler Lipinski Sensenbrenner education system to be upset by the unfair- parents and teachers the opportunity and flexi- Fox Livingston Sessions Franks (NJ) LoBiondo Shadegg ness and trickery that underlie this rule? Be- bility to try innovative approaches to providing Frelinghuysen Lucas Shaw cause that is what we are doing with this rule. a high quality, stimulating education, in ex- Ganske Manzullo Shays We are allowing H.R. 2746 to proceed to vote change for being held accountable for aca- Gekas McCollum Shimkus without a chance of amendment. We are al- Gibbons McCrery Shuster demic results and proper management of Gilchrest McDade Skeen lowing it to move to a vote without the oppor- funds. Gillmor McHugh Smith (MI) tunity to mediate some of the more trouble- Charter schools have faced a substantial Gilman McInnis Smith (NJ) some provisions it contains. When you vote on problem, however, in the form of a lack of Gingrich McKeon Smith (OR) Goodlatte Metcalf Smith (TX) this rule today, I ask my colleagues to remem- adequate startup funds. According to the De- Goodling Mica Smith, Linda ber that this is a vote about our children and partment of Education's first year report on Goss Miller (FL) Snowbarger the future of the American public education charter schools, inadequate startup funds are Graham Moran (KS) Solomon system. Granger Morella Souder the most commonly cited barrier that charter Greenwood Myrick Spence Mr. Speaker, I am compelled to voice my schools face. Nearly 60 percent of charter Gutknecht Nethercutt Stearns objections to H.R. 2746. The primary point of schoolsÐboth newly established ones and Hansen Neumann Stump concern, for myself, and many other members those that had been in operation for a year or Hastert Ney Sununu of this body in regard to H.R. 2746, is the Hastings (WA) Northup Talent twoÐcited a lack of startup funds and oper- Hayworth Norwood Tauzin school scholarship or vouchers provision in- ational funds as a problem. H.R. 2616 an- Hefley Nussle Taylor (NC) cluded in this revision of title VI of the Edu- swers this problem by authorizing $100 million Herger Oxley Thomas cation and Secondary Reform Act. in fiscal year 1998 for the Federal Charter Hill Packard Thornberry This provision would authorize the distribu- Hilleary Pappas Thune Schools Program intended primarily to offset Hobson Parker Tiahrt tion of scholarships to low to moderate income the schools startup costs. Hoekstra Paul Traficant families to attend public or private schools in My colleagues, I urge you to vote against Horn Paxon Upton nearby suburbs or to pay the costs of supple- Hostettler Pease Walsh this extraordinary rule. I urge you to vote no Houghton Peterson (PA) Wamp mentary academic programs outside regular and in so doing signal your opposition to the Hulshof Petri Watkins school hours for students attending public so-called ``HELP'' Scholarships Act and your Hunter Pickering Watts (OK) schools. However, only certain students will support for the Charter Schools Amendment Hutchinson Pitts Weldon (PA) receive these tuition scholarships. Hyde Pombo Weller Act. Inglis Porter White This legislative initiative could obviously set Mrs. MYRICK. Madam Speaker, I Istook Portman Whitfield a dangerous precedent from this body as to move the previous question on the res- Jenkins Pryce (OH) Wicker Johnson (CT) Quinn Wolf the course of public education in America for olution. decades to come. If the U.S. Congress aban- Johnson, Sam Radanovich Young (AK) The SPEAKER pro tempore. The Jones Ramstad Young (FL) dons public education, and sends that mes- question is on ordering the previous NAYS—195 sage to localities nationwide, a fatal blow question. could be struck to public schooling. The impe- Abercrombie Delahunt Jackson (IL) The question was taken; and the tus behind this legislative agenda is clearly Allen DeLauro Jackson-Lee Speaker pro tempore announced that Andrews Dellums (TX) suspect. Instead of using these funds to im- the ayes appeared to have it. Baesler Dicks Jefferson prove the quality of public education, this pol- Baldacci Dingell John Mr. CLAY. Madam Speaker, I object icy initiative enriches fiscally successful, local Barcia Dixon Johnson (WI) to the vote on the ground that a Barrett (WI) Doggett Johnson, E. B. private and public institutions. Furthermore, if quorum is not present and make the Becerra Dooley Kanjorski this policy initiative is so desirable, why are point of order that a quorum is not Bentsen Doyle Kaptur certain DC students left behind? Is this plan Berman Edwards Kennedy (MA) present. the right solution? I would assert that it is not. Berry Engel Kennedy (RI) The SPEAKER pro tempore. Evi- Bishop Eshoo Kennelly Unless all of our children are helped, what dently a quorum is not present. Blagojevich Etheridge Kildee value does this grand political experiment Blumenauer Evans Kilpatrick The Sergeant at Arms will notify ab- have? Bonior Farr Kind (WI) I see this initiative as a small step in trying sent Members. Borski Fattah Kleczka The vote was taken by electronic de- Boswell Fazio Klink to position the Government behind private ele- Boucher Filner Kucinich mentary and secondary schools. The ultimate vice, and there were—yeas 222, nays Boyd Ford LaFalce question is why do those in this body who 195, not voting 16, as follows: Brown (CA) Frank (MA) Lampson Brown (FL) Frost Lantos continue to support public education with their [Roll No. 566] Brown (OH) Furse Levin lip service, persist in trying to slowly erode the YEAS—222 Cardin Gejdenson Lewis (GA) Carson Goode Lofgren acknowledged sources of funding for our pub- Aderholt Blunt Castle Clay Gordon Lowey Archer Boehlert Chabot lic schools? Public education, and its future, is Clayton Green Luther Armey Boehner Chambliss an issue of the first magnitude. One that af- Clement Gutierrez Maloney (CT) Bachus Bonilla Chenoweth Clyburn Hall (OH) Maloney (NY) fects the constituency of every Member of this Baker Bono Christensen Condit Hall (TX) Manton House, and thus deserves full and open con- Ballenger Brady Coble Conyers Hamilton Markey Barr Bryant Coburn sideration. Costello Harman Martinez Barrett (NE) Bunning Collins School vouchers, have not been requested Coyne Hastings (FL) Mascara Bartlett Burr Combest Cramer Hefner Matsui by public mandate from the Congress. In fact, Barton Burton Cook Cummings Hilliard McCarthy (MO) they have failed every time they have been of- Bass Buyer Cooksey Danner Hinchey McCarthy (NY) Bateman Callahan Cox fered on a State ballot by 65 percent or great- Davis (FL) Hinojosa McDermott Bereuter Calvert Crane er. If a piece of legislation proposes to send Davis (IL) Holden McGovern Bilbray Camp Crapo DeFazio Hooley McHale our taxpayer dollars to private or religious Bilirakis Campbell Davis (VA) DeGette Hoyer McIntyre schools, the highest levels of scrutiny are in Bliley Canady Deal H9832 CONGRESSIONAL RECORD — HOUSE October 31, 1997 McKinney Poshard Stabenow Hefley Metcalf Schaffer, Bob Sanchez Spratt Towns Meehan Price (NC) Stark Herger Mica Sensenbrenner Sanders Stabenow Turner Meek Rahall Stenholm Hill Miller (FL) Sessions Sandlin Stark Velazquez Menendez Rangel Stokes Hilleary Moran (KS) Shadegg Sawyer Stenholm Vento Millender- Reyes Strickland Hobson Myrick Shaw Schumer Stokes Waters McDonald Rivers Stupak Hoekstra Nethercutt Shays Scott Strickland Watt (NC) Miller (CA) Rodriguez Tanner Hostettler Neumann Shimkus Serrano Stupak Waxman Minge Roemer Tauscher Houghton Ney Shuster Sherman Tanner Wexler Mink Rothman Taylor (MS) Hulshof Northup Skeen Sisisky Tauscher Weygand Moakley Roybal-Allard Thompson Hunter Norwood Smith (MI) Skaggs Taylor (MS) Wise Mollohan Rush Thurman Hutchinson Nussle Smith (NJ) Skelton Thompson Woolsey Moran (VA) Sabo Tierney Hyde Oxley Smith (OR) Slaughter Thurman Wynn Murtha Sanchez Torres Inglis Packard Smith (TX) Smith, Adam Tierney Yates Nadler Sanders Towns Istook Pappas Smith, Linda Snyder Torres Neal Sandlin Turner Snowbarger Jenkins Parker NOT VOTING—21 Oberstar Sawyer Velazquez Johnson (CT) Pastor Solomon Obey Schumer Vento Johnson, Sam Paul Souder Ackerman Gallegly Lipinski Olver Scott Waters Jones Paxon Spence Cubin Gephardt McIntosh Ortiz Serrano Watt (NC) Kasich Pease Stearns Cunningham Gonzalez McNulty Owens Sherman Waxman Kelly Peterson (PA) Stump Deutsch Gutierrez Payne Pallone Sisisky Wexler Kim Petri Sununu Flake Jefferson Schiff Pascrell Skaggs Weygand King (NY) Pickering Talent Foglietta Johnson (WI) Visclosky Pastor Skelton Wise Kingston Pitts Tauzin Foley Klink Weldon (FL) Pelosi Slaughter Woolsey Klug Pombo Taylor (NC) Peterson (MN) Smith, Adam Wynn Knollenberg Porter Thomas b 1201 Pickett Snyder Yates Kolbe Portman Thornberry The Clerk announced the following Pomeroy Spratt LaHood Pryce (OH) Thune Largent Quinn Tiahrt pair: NOT VOTING—16 Latham Radanovich Traficant On this vote: Ackerman Foley Payne LaTourette Redmond Upton Mr. McIntosh for, with Mr. Deutsch Cannon Gallegly Schiff Lazio Regula Walsh against. Cubin Gephardt Visclosky Leach Riggs Wamp Cunningham Gonzalez Weldon (FL) Lewis (CA) Riley Watkins Mr. MCHUGH changed his vote from Deutsch McIntosh Lewis (KY) Rogan Watts (OK) ‘‘aye’’ to ‘‘no.’’ Foglietta McNulty Linder Rogers Weldon (PA) So the resolution was agreed to. Livingston Rohrabacher Weller The result of the vote was announced LoBiondo Ros-Lehtinen White b 1143 Lucas Royce Whitfield as above recorded. A motion to committee was laid on The Clerk announced the following Manzullo Ryun Wicker McCollum Salmon Wolf the table. pair: McCrery Sanford Young (AK) f On this vote: McDade Saxton Young (FL) Mr. McIntosh for, with Mr. Deutsch McInnis Scarborough LEGISLATIVE PROGRAM McKeon Schaefer, Dan against. (Mr. BONIOR asked and was given Ms. SLAUGHTER changed her vote NOES—198 permission to address the House for 1 from ‘‘yea’’ to ‘‘nay.’’ Abercrombie Eshoo Manton minute.) So the previous question was ordered. Allen Etheridge Markey Mr. BONIOR. Madam Speaker, I yield The result of the vote was announced Andrews Evans Martinez to the gentleman from Texas [Mr. Baesler Farr Mascara as above recorded. Baldacci Fattah Matsui ARMEY], the majority leader, for pur- The SPEAKER pro tempore (Mrs. Barcia Fazio McCarthy (MO) poses of inquiring about the schedule EMERSON). The question is on the reso- Barrett (WI) Filner McCarthy (NY) for today and next week. Becerra Ford McDermott Mr. ARMEY. Madam Speaker, I am lution. Bentsen Frank (MA) McGovern The question was taken; and the Bereuter Frost McHale pleased to announce that we have had Speaker pro tempore announced that Berman Furse McHugh our last vote for the day. I believe all the ayes appeared to have it. Berry Gejdenson McIntyre Members will be able to make it back Bishop Goode McKinney home tonight to see their little angels RECORDED VOTE Blagojevich Gordon Meehan Mr. HALL of Ohio. Madam Speaker, I Blumenauer Green Meek and saints head out for Halloween. Next week, the House will meet on demand a recorded vote. Boehlert Hall (OH) Menendez Bonior Hall (TX) Millender- Tuesday, November 4, at 10:30 a.m. for A recorded vote was ordered. Borski Hamilton McDonald morning hour and 12 noon for legisla- The vote was taken by electronic de- Boswell Harman Miller (CA) tive business. We do not anticipate any vice, and there were—ayes 214, noes 198, Boucher Hastings (FL) Minge Boyd Hefner Mink recorded votes before 5 p.m. on Tues- not voting 21, as follows: Brown (CA) Hilliard Moakley day, Election Day. [Roll No. 567] Brown (FL) Hinchey Mollohan Brown (OH) Hinojosa Moran (VA) On Tuesday, November 4, the House AYES—214 Cardin Holden Morella will take up a number of bills under Aderholt Campbell English Carson Hooley Murtha suspension of the rules, a list of which Archer Canady Ensign Castle Horn Nadler will be distributed this afternoon. Armey Cannon Everett Clay Hoyer Neal Bachus Chabot Ewing Clayton Jackson (IL) Oberstar After suspensions, we will return to Baker Chambliss Fawell Clement Jackson-Lee Obey H.R. 2746, the HELP Scholarships Act, Ballenger Chenoweth Forbes Clyburn (TX) Olver and H.R. 2616, the Charter Schools Barr Christensen Fowler Condit John Ortiz Barrett (NE) Coble Fox Conyers Johnson, E. B. Owens Amendment Act. Bartlett Coburn Franks (NJ) Costello Kanjorski Pallone The House will meet at 10 a.m. on Barton Collins Frelinghuysen Coyne Kaptur Pascrell Wednesday and Thursday and at 9 a.m. Bass Combest Ganske Cramer Kennedy (MA) Pelosi on Friday to consider the following Bateman Cook Gekas Cummings Kennedy (RI) Peterson (MN) Bilbray Cooksey Gibbons Danner Kennelly Pickett bills: H.R. 2292, the Internal Revenue Bilirakis Cox Gilchrest Davis (FL) Kildee Pomeroy Service Restructuring and Reform Act Bliley Crane Gillmor Davis (IL) Kilpatrick Poshard of 1997; H.R. 2195, the Slave Labor Pro- Blunt Crapo Gilman DeFazio Kind (WI) Price (NC) ductions Act of 1997; H.R. 967, a bill to Boehner Davis (VA) Gingrich DeGette Kleczka Rahall Bonilla Deal Goodlatte Delahunt Kucinich Ramstad prohibit the use of U.S. funds to pro- Bono DeLay Goodling DeLauro LaFalce Rangel vide for the participation of certain Brady Diaz-Balart Goss Dellums Lampson Reyes Chinese officials in international con- Bryant Dickey Graham Dicks Lantos Rivers Bunning Doolittle Granger Dingell Levin Rodriguez ferences, programs, and activities and Burr Dreier Greenwood Dixon Lewis (GA) Roemer to provide certain Chinese officials Burton Duncan Gutknecht Doggett Lofgren Rothman shall be ineligible to receive visas and Buyer Dunn Hansen Dooley Lowey Roukema excluded from admission into the Unit- Callahan Ehlers Hastert Doyle Luther Roybal-Allard Calvert Ehrlich Hastings (WA) Edwards Maloney (CT) Rush ed States; H.R. 2570, the Forced Abor- Camp Emerson Hayworth Engel Maloney (NY) Sabo tion Condemnation Act; H.R. 2358, the October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9833 Political Freedom in China Act of 1997; tives on this issue, can have their say Mr. BONIOR. I yield to the gen- H.R. 2232, the Radio Free Asia Act of on the floor of the House. tleman from Texas. 1997; H.R. 2605, the Communist China Third, can the gentleman from Texas Mr. ARMEY. The gentleman from Subsidy Reduction Act of 1997; H.R. [Mr. ARMEY] tell me what day we will California [Mr. RIGGS] is correct. 2647, a bill to ensure that commercial take up fast track? Let me again reiterate. We will begin activities of the People’s Liberation Mr. ARMEY. Madam Speaker, it is the general debate then on the HELP Army of China or any Communist Chi- our intention to do fast track on Fri- scholarships bill around 4 on Tuesday. nese military company in the United day. Mr. RIGGS. Madam Speaker, I thank States are monitored; House Resolu- Mr. BONIOR. Reclaiming my time, the gentleman from Michigan [Mr. tion 188, a resolution urging the execu- fourth, I note that in the comments BONIOR] for yielding. the gentleman from Texas [Mr. ARMEY] tive branch to take action regarding f the acquisition by Iran of C–802 cruise has just made, there were a series of missiles; H.R. 2386, the United States- bills related to China on the schedule. I am wondering under what structure ADJOURNMENT TO TUESDAY, Taiwan Anti-Ballistic Missile Defense NOVEMBER 4, 1997 Cooperation Act; and H.R. 2621, the Re- we are going to consider them. Are we going to have one rule to con- Mr. ARMEY. Mr. Speaker, I ask ciprocal Trade Agreement Authorities sider them all, or are we going to have unanimous consent that when the Act 1997. separate rules on each of the bills that As Members know, Madam Speaker, House adjourns today, it adjourn to my colleague said we will discuss next there are a number of appropriations meet at 10:30 a.m. on Tuesday, Novem- week as they relate to China? ber 4, 1997, for morning hour debates. bills that need to be passed before the Mr. ARMEY. If the gentleman will House concludes the first session of the The SPEAKER pro tempore (Mrs. continue to yield, the Committee on EMERSON). Is there objection to the re- 105th Congress. I have always been an Rules will be meeting earlier next optimist, and it is my hope that the quest of the gentleman from Texas? week and they will be working on that There was no objection. House can agree on these important in conjunction with the other members matters by the end of next week, next of the committee, and the minority f Friday, Saturday, or Sunday. will be, I suppose, negotiating that. DISPENSING WITH CALENDAR I thank the gentleman from Michi- Mr. BONIOR. Well, I hope they are WEDNESDAY BUSINESS ON gan [Mr. BONIOR] for yielding me this brought out here under separate rules WEDNESDAY NEXT time. and we do not have a package rule situ- Mr. BONIOR. Madam Speaker, re- ation on these very important bills. Mr. ARMEY. Madam Speaker, I ask claiming my time, if the gentleman Finally, let me just ask my friend, unanimous consent that the business from Texas [Mr. ARMEY] will bear with the gentleman from Texas [Mr. in order under the Calendar Wednesday me for a second, I have a series of ques- ARMEY], I noted in his comments at the rule be dispensed with on Wednesday tions I would like to pose to the distin- end that he seemed optimistic, and re- next. guished majority leader. ferred to himself that way, that we will The SPEAKER pro tempore. Is there A number of resolutions were filed be able to finish by the end of the week objection to the request of the gen- this morning with regard to the next week. I am optimistic, as well, tleman from Texas? Sanchez situation, and I am just won- and my sense is that that is where we There was no objection. dering when those will be brought up. are heading. If the gentleman from f Mr. ARMEY. If the gentleman would Texas [Mr. ARMEY] has any other yield, obviously, we will have to look thoughts on that, I would like to hear PERSONAL EXPLANATION at that. We will try to reconcile that them. And if not, does he anticipate an Mr. BARRETT of Nebraska. Madam against the schedule. I would guess it additional continuing resolution to Speaker, on rollcall votes 559 through would be Tuesday or Wednesday. take us into next year? 565, I was unavoidably detained. Had I Mr. BONIOR. Second, as the gen- Mr. ARMEY. It is my belief at this been present, I would have voted ‘‘aye’’ tleman from Texas [Mr. ARMEY] knows point to continue to talk to all the peo- on all of the votes. from the long lines on the floor of the ple related to these conferences on House of Representatives, we have up spending bills that we can complete f to now 187 Members, bipartisan I might that work by sometime next weekend. add in nature, who have come and I see no reason to depart from that be- PERSONAL EXPLANATION signed a discharge petition on cam- lief. But I must advise the gentleman Mr. JOHN. Madam Speaker, during paign finance reform. I note there is an from Michigan [Mr. BONIOR] that I hold rollcall vote No. 554 on H.R. 1270, I also agreement in the Senate to take up that belief and punctuate it with both was unavoidably detained. Had I been campaign finance reform. I am just a knock on wood and a prayer. present, I would have voted ‘‘nay.’’ wondering if the gentleman from Texas Mr. BONIOR. I will take both. Have a f [Mr. ARMEY] could tell us when we will good weekend. take campaign finance up in the House Mr. RIGGS. Madam Speaker, will the ANNOUNCEMENT OF INTENTION TO of Representatives. gentleman yield? OFFER RESOLUTION RAISING Mr. ARMEY. I thank the gentleman Mr. BONIOR. I yield to the gen- QUESTION OF PRIVILEGES OF for his inquiry. If the gentleman would tleman from California. continue to yield, we are looking at Mr. RIGGS. Madam Speaker, with THE HOUSE that. We have been having discussions the passage of the rule making in order Ms. HARMAN. Madam Speaker, pur- among ourselves and with our col- both the HELP scholarships bill, which suant to clause 2 of rule IX, I hereby leagues on the other side of the build- I know is of genuine interest and even give notice of my intention to offer a ing. I do not have anything to an- some concern to Members on both sides resolution which raises a question of nounce at this time. of the aisle and on both sides of the the privileges of the House. Mr. BONIOR. Well, I suspect that my issue, pro and con, through the major- The form of the resolution is as fol- friend, the gentleman from Texas [Mr. ity whip to the majority leader, is it lows: ARMEY], took note that we had an addi- our intention to resume that debate Whereas, Loretta Sanchez was issued a cer- tional 20 Members sign this week. And and have the debate on the HELP tificate of election as the duly elected Mem- I think the movement is moving well. I scholarships bill between 4 and 6 on ber of Congress from the 46th District of would just encourage my friend from Tuesday, so Members know they should California by the Secretary of State of Cali- Texas to seriously consider the large be back at that time for debate, and fornia and was seated by the U.S. House of number of Members who are interested Representatives on January 7, 1997; and that the vote would then occur on the whereas, in the 104th Congress, similar chal- in this. One hundred and eighty Demo- HELP scholarships bill at approxi- lenges were brought in three elections, in- crats have already signed this petition. mately 6 p.m.? cluding one involving the offeror of this reso- We are looking forward to a debate on Mr. ARMEY. Madam Speaker, will lution, winner of her election by 812 votes, that. All sides, all different perspec- the gentleman yield? duly certified by the Secretary of State of H9834 CONGRESSIONAL RECORD — HOUSE October 31, 1997 California. After 9 months of investigation make the judgements concerning those met on February 26, 1997 in Washington, at a cost of over 100,000 taxpayer dollars, no votes; and D.C., on April 19, 1997 in Orange County, evidence of fraud being found, the challenge Whereas the Committee on House Over- California and has not met since that time; was withdrawn; and whereas, the Committee sight has after over nine months of review and on House Oversight has had more than ample and investigation failed to present credible Whereas the allegations made by Mr. Rob- time to conclude its investigation, con- evidence to change the outcome of the elec- ert Dornan have been largely found to be ducted at great taxpayer expense: now, tion of Congresswoman Sanchez and is pur- without merit: Charges of improper voting therefore, be it suing never ending and unsubstantiated from a business, rather than a resident ad- Resolved, That unless the Committee on areas of review; and dress; underage voting; double voting; and Oversight has sooner reported a rec- Whereas, Contestant Robert Dornan has charged of unusually large number of indi- ommendation for its final disposition, the not shown or provided credible evidence that viduals voting from the same address. It was contest of the 46th District of California is the outcome of the election is other than found that voting from the same address in- dismissed upon the expiration of November 7, Congresswoman Sanchez’s election to the cluded a Marines barracks and the domicile 1997. Congress; and of nuns, that business addresses were legal Whereas, in the 104th Congress, similar residences for the individuals including the Madam Speaker, I ask unanimous challenges were brought in three elections, zoo keeper of the Santa Ana zoo, that dupli- consent that the text of the entire res- including one involving the offeror of this cate voting was by different individuals and olution be printed at this point in the resolution, winner of her election by 812 those accused of underage voting were of RECORD. votes, duly certified by the Secretary of age; and The SPEAKER pro tempore. Is there State of California. After nine months of in- Whereas the Committee on House Over- objection to the request of the gentle- vestigation at a cost of over $100,000 tax- sight has issued unprecedented subpoenas to woman from California? payer dollars, no evidence of fraud being the Immigration and Naturalization Service found, the challenge was withdrawn; and to compare their records with Orange Coun- There was no objection. ty voter registration records, the first time The text of the resolution is as fol- Whereas by prolonging the contest against Representative Loretta Sanchez, Mr. Robert in any election in the history of the United lows: Dornan has disrupted the proceedings of the States that the INS has been asked by Con- Whereas, Loretta Sanchez was issued a cer- House and fractured the comity necessary gress to verify the citizenship of voters; and tificate of election as the duly elected Mem- for Members of Congress to conduct the peo- Whereas the INS has complied with the ber of Congress from the 46th District of ples’ business and address by legislation and Committee’s request and, at the Commit- California by the Secretary of State of Cali- policy the major challenges facing the Unit- tee’s request, has been doing a manual check fornia and was seated by the U.S. House of ed States in the 21st Century; and of its paper files and providing worksheets Representatives on January 7, 1997; and Whereas, the Committee on House Over- containing supplemental information on Whereas A Notice of Contest of Election sight has had more than ample time to con- that manual check to the Committee on was filed with the Clerk of the House by Mr. clude its investigation, conducted at great House Oversight for over five months; and Robert Dornan on December 26, 1996; and taxpayer expense, now therefore be it; Whereas the Committee on House Over- Whereas the Task Force on the Contested Resolved, That unless the Committee on sight, subpoenaed the record seized by the Election in the 46th District of California House Oversight has sooner reported a rec- District Attorney of Orange County on Feb- met on February 26, 1997 in Washington, ommendation for its final disposition, the ruary 13, 1997 and has received and reviewed D.C., on April 19, 1997 in Orange County, contest in the 46th District of California is all records pertaining to registration efforts California and October 24, 1997 in Washing- dismissed upon the expiration of November 7, of that group; and ton, D.C.; and 1997. Whereas some Members of the House Over- Whereas the allegations made by Mr. Rob- sight Committee are now seeking a duplicate The SPEAKER pro tempore. Under and dilatory review of materials already in ert Dornan have been largely found to be rule IX, a resolution offered from the without merit: charges of improper voting the Committee’s possession by the Secretary from a business, rather than a resident ad- floor by a Member other than the ma- of State of California; and dress; underage voting; double voting; and jority leader or the minority leader as Whereas the Task Force on the Contested charged of unusually large number of indi- a question of the privileges of the Election in the 46th District of California viduals voting from the same address. It was House has immediate precedence only and the Committee have been reviewing found that voting from the same address in- at a time designated by the Chair with- these materials and has all the information cluded a Marines barracks and the domicile in 2 legislative days after the resolu- it needs regarding who voted in the 46th Dis- of nuns, that business addresses were legal trict and all the information it needs to tion is properly noticed. make the judgments concerning those votes; residences for the individuals including the Pending that designation, the form of zoo keeper of the Santa Ana zoo, that dupli- and cate voting was by different individuals and the resolution noticed by the gentle- Whereas the Committee on House Over- those accused of underage voting were of woman from California [Ms. HARMAN] sight has after over nine months of review age; and will appear in the RECORD at this point. and investigation failed to present credible Whereas the Committee on House Over- The Chair will not at this point de- evidence to change the outcome of the elec- sight has issued unprecedented subpoenas to termine whether the resolution con- tion of Congresswoman Sanchez and is pur- the Immigration and Naturalization Service stitutes a question of privilege. That suing never ending and unsubstantiated areas of review; and to compare their records with Orange Coun- determination will be made at the time ty voter registration records, the first time Whereas, Contestant Robert Dornan has designated for consideration of the res- not shown or provided credible evidence that in any election in the history of the United olution. States that the INS has been asked by Con- the outcome of the election is other than gress to verify the citizenship of voters; and f Congresswoman Sanchez’s election to the Whereas the INS has complied with the Congress; and ANNOUNCEMENT OF INTENTION TO Whereas, Loretta Sanchez of the Golden Committee’s request and, at the Commit- OFFER RESOLUTION RAISING State smiles brighter than Bob Dornan even tee’s request, has been doing a manual check on a cloudy day. of its paper files and providing worksheets QUESTION OF PRIVILEGES OF THE HOUSE Whereas Loretta Sanchez, a latina from containing supplemental information on California, has been persecuted for beating that manual check to the Committee on Ms. MCKINNEY. Mr. Speaker, pursu- B–2 bomber Bob. House Oversight for over five months; and ant to clause 2 of rule IX, I hereby give Whereas Loretta Sanchez is working to Whereas the Committee on House Over- notice of my intention to offer a reso- represent all the people of her district re- sight, subpoenaed the record seized by the gardless of race, color, creed, gender, na- District Attorney of Orange County on Feb- lution which raises a question of the privileges of the House. tional origin or sexual orientation, ruary 13, 1997 and has received and reviewed Whereas the Republican majority has all records pertaining to registration efforts The form of the resolution is as fol- failed to complete the nation’s legislative of that group; and lows: business on time in each of its majority Whereas the House Oversight Committee is Whereas, Loretta Sanchez was issued a cer- years, now pursuing a duplicate and dilatory review tificate of election as the duly elected Mem- Whereas many feel that the real bottom of materials already in the Committees pos- ber of Congress from the 46th District of line in all of this is that Bob Dornan needs to session by the Secretary of State of Califor- California by the Secretary of State of Cali- get a life—and a job, nia; and fornia and was seated by the U.S. House of Whereas, the Committee on House Over- Whereas the Task Force on the Contested Representatives on January 7, 1997; and sight should complete its review of this mat- Election in the 46th District of California Whereas A Notice of Contest of Election ter and bring this contest to an end and now and the Committee have been reviewing was filed with the Clerk of the House by Mr. therefore be it; these materials and has all the information Robert Dornan on December 26, 1996; and Resolved, That unless the Committee on it needs regarding who voted in the 46th Dis- Whereas the Task Force on the Contested House Oversight has sooner reported a rec- trict and all the information it needs to Election in the 46th District of California ommendation for its final disposition, the October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9835

contest in the 46th District of California is (6) ADDITIONAL DIC FOR DISABILITY.—The (A) by striking out ‘‘$70’’ both places it ap- dismissed upon the expiration of November 7, dollar amounts in effect under sections pears and inserting in lieu thereof ‘‘$75’’; and 1997. 1311(c) and 1311(d) of such title. (B) by striking out ‘‘$2,207’’ and $3,093’’ and (7) DIC FOR DEPENDENT CHILDREN.—The dol- b 1215 inserting in lieu thereof ‘‘$2,443’’ and lar amounts in effect under sections 1313(a) ‘‘$3,426’’, respectively; The SPEAKER pro tempore (Mrs. and 1314 of such title. (12) by striking out ‘‘$2,207’’ in subsection EMERSON). Without objection, the (c) DETERMINATION OF INCREASE.—(1) The (l) and inserting in lieu thereof ‘‘$2,443’’; Chair’s prior statement will appear in increase under subsection (a) shall be made (13) by striking out ‘‘$2,432’’ in subsection the RECORD at this point. in the dollar amounts specified in subsection (m) and inserting in lieu thereof ‘‘$2,694’’; There was no objection. (b) as in effect on November 30, 1997. (14) by striking out ‘‘$2,768’’ in subsection The text of the Chair’s prior state- (2) Except as provided in paragraph (3), (n) and inserting in lieu thereof ‘‘$3,066’’; each such amount shall be increased by the ment is as follows: (15) by striking out ‘‘$3,093’’ each place it same percentage as the percentage by which appears in subsections (o) and (p) and insert- Under rule IX, a resolution offered from benefit amounts payable under title II of the ing in lieu thereof ‘‘$3,426’’; the floor by a Member other than the Major- Social Security Act (42 U.S.C. 401 et seq.) are (16) by striking out ‘‘$1,328’’ and ‘‘$1,978’’ in ity Leader or the Minority Leader as a ques- increased effective December 1, 1997, as a re- tion of the privileges of the House has imme- subsection (r) and inserting in lieu thereof sult of a determination under section 215(i) ‘‘$1,471’’ and ‘‘$2,190’’, respectively; and diate precedence only at a time designated of such Act (42 U.S.C. 415(i)). by the Chair within two legislative days (17) by striking out ‘‘$1,985’’ in subsection (3) Each dollar amount increased pursuant (s) and inserting in lieu thereof ‘‘$2,199’’. after the resolution is properly noticed. to paragraph (2) shall, if not a whole dollar (b) SPECIAL RULE.—The Secretary of Veter- Pending that designation, the form of the amount, be rounded down to the next lower resolution noticed by the gentlewoman from ans Affairs may authorize administratively, whole dollar amount. consistent with the increases authorized by Georgia [Ms. MCKINNEY] will appear in the (d) SPECIAL RULE.—The Secretary may ad- RECORD at this point. this section, the rates of disability com- just administratively, consistent with the pensation payable to persons within the pur- The Chair will not at this point determine increases made under subsection (a), the whether the resolution constitutes a ques- view of section 10 of Public Law 85–857 who rates of disability compensation payable to are not in receipt of compensation payable tion of privilege. That determination will be persons within the purview of section 10 of made at the time designated for consider- pursuant to chapter 11 of title 38, United Public Law 85–857 (72 Stat. 1263) who are not States Code. ation of the resolution. in receipt of compensation payable pursuant f to chapter 11 of title 38, United States Code. SEC. 3. ADDITIONAL COMPENSATION FOR DE- PENDENTS. VETERANS’ COMPENSATION COST- (e) PUBLICATION OF ADJUSTED RATES.—At the same time as the matters specified in Section 1115(1) is amended— OF-LIVING ADJUSTMENT ACT OF section 215(i)(2)(D) of the Social Security Act (1) by striking out ‘‘$105’’ in clause (A) and 1997 (42 U.S.C. 415(i)(2)(D)) are required to be pub- inserting in lieu thereof ‘‘$114’’; Mr. STUMP. Madam Speaker, I ask lished by reason of a determination made (2) by striking out ‘‘$178’’ and ‘‘$55’’ in clause (B) and inserting in lieu thereof unanimous consent for the immediate under section 215(i) of such Act during fiscal year 1997, the Secretary of Veterans Affairs ‘‘$195’’ and ‘‘$60’’, respectively; consideration in the House of the bill (3) by striking out ‘‘$72’’ and ‘‘$55’’ in (H.R. 2367) to increase, effective as of shall publish in the Federal Register the amounts specified in subsection (b), as in- clause (C) and inserting in lieu thereof ‘‘$78’’ December 1, 1997, the rates of com- creased pursuant to subsection (a). and ‘‘$60’’, respectively; pensation for veterans with service- (4) by striking out ‘‘$84’’ in clause (D) and AMENDMENT IN THE NATURE OF A SUBSTITUTE connected disabilities and the rates of inserting in lieu thereof ‘‘$92’’; OFFERED BY MR. STUMP (5) by striking out ‘‘$195’’ in clause (E) and dependency and indemnity compensa- Mr. STUMP. Madam Speaker, I offer tion for the survivors of certain dis- inserting in lieu thereof ‘‘$215’’; and an amendment in the nature of a sub- (6) by striking out ‘‘$164’’ in clause (F) and abled veterans. stitute. The Clerk read the title of the bill. inserting in lieu thereof ‘‘$180’’. The SPEAKER pro tempore. Is there The Clerk read as follows: SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN objection to the request of the gen- Amendment in the nature of a substitute DISABLED VETERANS. tleman from Arizona? offered by Mr. STUMP: Strike out all after Section 1162 is amended by striking out ‘‘$478’’ and inserting in lieu thereof ‘‘$528.’’ There was no objection. the enacting clause and insert in lieu thereof the following: The Clerk read the bill, as follows: SEC. 5. DEPENDENCY AND INDEMNITY COM- SECTION 1. SHORT TITLE; REFERENCES TO TITLE PENSATION FOR SURVIVING H.R. 2367 38, UNITED STATES CODE. SPOUSES. Be it enacted by the Senate and House of Rep- (a) SHORT TITLE.—This Act may be cited as (a) NEW LAW RATES.—Section 1311(a) is resentatives of the United States of America in the ‘‘Veterans’ Compensation Rate Amend- amended— Congress assembled, ments of 1997’’. (1) by striking out ‘‘$769’’ in paragraph (1) SECTION 1. SHORT TITLE. (b) REFERENCES.—Except as otherwise ex- and inserting in lieu thereof ‘‘$850’’; and This Act may be cited as the ‘‘Veterans’ pressly provided, whenever in this Act an (2) by striking out ‘‘$169’’ in paragraph (2) Compensation Cost-of-Living Adjustment amendment or repeal is expressed in terms of and inserting in lieu thereof ‘‘$185’’. Act of 1997’’. an amendment to, or repeal of, a section or (b) OLD LAW RATES.—The table in sub- SEC. 2. INCREASE IN RATES OF DISABILITY COM- other provision, the reference shall be con- section (a)(3) is amended to read as follows: PENSATION AND DEPENDENCY AND sidered to be made to a section or other pro- Monthly INDEMNITY COMPENSATION. vision of title 38, United States Code. (a) RATE ADJUSTMENT.—The Secretary of ‘‘Pay grade SEC. 2. DISABILITY COMPENSATION. Veterans Affairs shall, effective on December rate (a) INCREASE IN RATES.—Section 1114 is 1, 1997, increase the dollar amounts in effect E–1 ...... $850 amended— for the payment of disability compensation E–2 ...... 850 (1) by striking out ‘‘$87’’ in subsection (a) and dependency and indemnity compensa- E–3 ...... 850 and inserting in lieu thereof ‘‘$95’’; tion by the Secretary, as specified in sub- E–4 ...... 850 (2) by striking out ‘‘$166’’ in subsection (b) section (b). E–5 ...... 850 and inserting in lieu thereof ‘‘$182’’; (b) AMOUNTS TO BE INCREASED.—The dollar E–6 ...... 850 amounts to be increased pursuant to sub- (3) by striking out ‘‘$253’’ in subsection (c) E–7 ...... 879 and inserting in lieu thereof ‘‘$279’’; section (a) are the following: E–8 ...... 928 (4) by striking out ‘‘$361’’ in subsection (d) (1) COMPENSATION.—Each of the dollar E–9 ...... 1 968 and inserting in lieu thereof ‘‘$399’’; amounts in effect under section 1114 of title W–1 ...... 898 38, United States Code. (5) by striking out ‘‘$515’’ in subsection (e) and inserting in lieu thereof ‘‘$569’’; W–2 ...... 934 (2) ADDITIONAL COMPENSATION FOR DEPEND- W–3 ...... 962 ENTS.—Each of the dollar amounts in effect (6) by striking out ‘‘$648’’ in subsection (f) and inserting in lieu thereof ‘‘$717’’; W–4 ...... 1,017 under sections 1115(1) of such title. O–1 ...... 898 (3) CLOTHING ALLOWANCE.—The dollar (7) by striking out ‘‘$819’’ in subsection (g) O–2 ...... 928 amount in effect under section 1162 of such and inserting in lieu thereof ‘‘$905’’; title. (8) by striking out ‘‘$948’’ in subsection (h) O–3 ...... 992 (4) NEW DIC RATES.—The dollar amounts in and inserting in lieu thereof ‘‘$1,049’’; O–4 ...... 1,049 effect under paragraphs (1) and (2) of section (9) by striking out ‘‘$1,067’’ in subsection (i) O–5 ...... 1,155 1311(a) of such title. and inserting in lieu thereof ‘‘$1,181’’; O–6 ...... 1,302 (5) OLD DIC RATES.—Each of the dollar (10) by striking out ‘‘$1,774’’ in subsection O–7 ...... 1,406 amounts in effect under section 1311(a)(3) of (j) and inserting in lieu thereof ‘‘$1,964’’; O–8 ...... 1,541 such title. (11) in subsection (k)— O–9 ...... 1,651 H9836 CONGRESSIONAL RECORD — HOUSE October 31, 1997 rate support this bill, which maintains the and the gentleman from Arizona [Mr. 2 O–10 ...... 1,811 value of the compensation benefits re- STUMP] for their efforts and leadership ‘‘1 If the veteran served as sergeant major of the ceived by our-service-connected dis- in this particular area. Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of abled veterans and their families. Be- I rise today in strong support of this the Marine Corps, or master chief petty officer of cause the Nation’s economy is strong bill to increase veterans disability pay- the Coast Guard, at the applicable time designated and the rate of inflation is low, this ments. From December 1, 1997, all 2.3 by section 402 of this title, the surviving spouse’s million veterans and 307,000 survivors rate shall be $1,044. year’s cost of living increase for veter- ‘‘2 If the veteran served as Chairman or Vice-Chair- ans receiving compensation is cor- receiving compensation payments will man of the Joint Chiefs of Staff, Chief of Staff of the respondingly modest. see the amount of their disability Army, Chief of Naval Operations, Chief of Staff of Specifically, this legislation codifies check increase by 2.1 percent. The the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable a 2.1-percent increase in service-con- boost cannot come any sooner. Today time designated by section 402 of this title, the sur- nected compensation benefits. By en- we find many of our Nation’s veterans viving spouse’s rate shall be $1,941.’’; acting this bill, we are keeping our and their families living from pay- (c) ADDITIONAL DIC FOR CHILDREN.—Sec- promise to our veterans with service- check to paycheck. The least we can do tion 1311(b) is amended by striking out connected disabilities. The 2.1 percent for these individuals is to provide them ‘‘$100’’ and all that follows and inserting in VA compensation cost of living in- with this opportunity and these cost of lieu thereof ‘‘$215 for each such child.’’. crease provided by this bill is the same living increases. That is the right thing (d) AID AND ATTENDANCE ALLOWANCE.—Sec- tion 1311(c) is amended by striking out rate of increase being provided to bene- to do, especially after they have given ‘‘$195’’ and inserting in lieu thereof ‘‘$215’’. ficiaries of Social Security. I urge my to this country as much as they have. (e) HOUSEBOUND RATE.—Section 1311(d) is colleagues to support this measure. I want to thank again the members amended by striking out ‘‘$95’’ and inserting Madam Speaker, I reserve the bal- of the committee for their efforts. in lieu thereof ‘‘$104’’. ance of my time. Mr. STUMP. Madam Speaker, I yield SEC. 6. DEPENDENCY AND INDEMNITY COM- Mr. STUMP. Madam Speaker, I yield myself such time as I may consume. PENSATION FOR CHILDREN. such time as he may consume to the I would like to thank the gentleman (a) DIC FOR ORPHAN CHILDREN.—Section gentleman from New York [Mr. QUINN], from New York [Mr. QUINN] and the 1313(a) is amended— the chairman of the Subcommittee on gentleman from California [Mr. (1) by striking out ‘‘$327’’ in paragraph (1) FILNER], the chairman and ranking and inserting in lieu thereof ‘‘$361’’; Benefits, for a further clarification of (2) by striking out ‘‘$471’’ in paragraph (2) H.R. 2367. member of the Subcommittee on Bene- and inserting in lieu thereof ‘‘$520’’; Mr. QUINN. Madam Speaker, I thank fits, as well as the gentleman from Illi- (3) by striking out ‘‘$610’’ in paragraph (3) the gentleman for yielding me this nois [Mr. EVANS], the ranking member and inserting in lieu thereof ‘‘$675’’; and time. of the full committee, for all their sup- (4) by striking out ‘‘$610’’ and ‘‘$120’’ in Madam Speaker, this afternoon I join port on this bill. Their efforts are paragraph (4) and inserting in lieu thereof the gentleman from Arizona [Mr. greatly appreciated by all the veterans. ‘‘$675’’ and ‘‘$132’’, respectively. STUMP] and the gentleman from Illi- Mr. FILNER. Madam Speaker, we who (b) SUPPLEMENTAL DIC FOR DISABLED nois [Mr. EVANS] to pass H.R. 2367, a serve as members of the Committee on Veter- ADULT CHILDREN.—Section 1314 is amended— (1) by striking out ‘‘$195’’ in subsection (a) bill that would provide a cost of living ans' Affairs have many responsibilities. Our and inserting in lieu thereof ‘‘$215’’; increase to 2.3 million veterans who are primary commitment, however, is to those (2) by striking out ‘‘$327’’ in subsection (b) in receipt of service-connected disabil- men and women who are disabled while serv- and inserting in lieu thereof ‘‘$361’’; ity compensation and nearly 330,000 ing on active duty in America's Armed Forces (3) by striking out ‘‘$166’’ in subsection (c) survivors receiving dependency indem- and to their families. Accordingly, I rise in and inserting in lieu thereof ‘‘$182’’. nity compensation, DIC. The bill would strong support of H.R. 2367, the Veterans' SEC. 7. EFFECTIVE DATE. increase these benefits by 2.1 percent, Compensation Cost-of-Living Adjustment Act The amendments made by this Act shall the same percentage as given to Social of 1997. take effect on December 1, 1997. Security recipients. I would also note Under this measure, more than 21¤2 million Mr. STUMP (during the reading). that all the DIC recipients will get a service-disabled veterans nationwide, and Madam Speaker, I ask unanimous con- full COLA. their surviving spouses, will receive an in- sent that the amendment in the nature Finally, the bill codifies the 1998 crease in their disability-related benefits on of a substitute be considered as read rates in title 38. Madam Speaker, this December 1 of this year. In the great State of and printed in the RECORD. bill demonstrates the Congress’s con- California alone, more than 220,000 veterans The SPEAKER pro tempore. Is there tinuing commitment to keeping veter- injured in service to our country will receive objection to the request of the gen- ans benefits in line with the cost of liv- this enhanced benefit. tleman from Arizona? ing. This means that disabled veterans I am privileged to serve on the Veterans' Af- There was no objection. and their survivors will be able to fairs Committee and to work on behalf of The SPEAKER pro tempore. The gen- maintain their standard of living. The those whose sacrifices have protected the tleman from Arizona [Mr. STUMP] is extra money for dependents and cloth- freedoms on which our Nation is founded. We, recognized for 1 hour. ing allowances will also make a posi- as free men and women, owe a unique debt Mr. STUMP. Madam Speaker, I yield tive contribution. to our veterans, and I urge my colleagues to 30 minutes to the gentleman from Illi- Madam Speaker, our disabled veter- join me in fulfilling this special obligation by nois [Mr. EVANS], pending which I yield ans represent the finest this Nation has supporting H.R. 2367. myself such time as I may consume. to offer. They made a commitment to Mr. STEARNS. Madam Speaker, I rise Madam Speaker, H.R. 2367, as amend- the Nation and we are keeping our today in strong support of H.R. 2367, the Vet- ed, is the cost of living amendment or commitment to them. erans' Cost-of-Living Adjustment Act, which the COLA bill. The bill increases the Finally, Madam Speaker, I want to was introduced by Chairman STUMP. rate of compensation for veterans with thank and compliment the gentleman It is fitting and right that our Nation's veter- service-connected disabilities and the from California [Mr. FILNER], our rank- ans be given a full COLA for fiscal year 1998. rate of dependency and indemnity com- ing member on the subcommittee, as The 2.6 million veterans who receive disability pensation for the survivors of certain well as the gentleman from Texas [Mr. compensation are entitled to this increase in veterans. The rate of increase would RODRIGUEZ] for their help throughout their benefits. After all, these benefits were follow Social Security Administration the hearings. earned by these men and women in service to figures and be effective December 1, Mr. EVANS. Madam Speaker, I yield their country. They deserve to be com- 1997. 1 minute to the gentleman from Texas pensated because in many cases their earning Madam Speaker, I reserve the bal- [Mr. RODRIGUEZ], a member of the com- capacity was diminished due to injuries sus- ance of my time. mittee. tained during their military service. Mr. EVANS. Madam Speaker, I yield Mr. RODRIGUEZ. Madam Speaker, I Many veterans reside in Florida and I know myself such time as I may consume. want to first of all take this oppor- firsthand how difficult it is for many of them to Madam Speaker, I thank the chair- tunity to congratulate the gentleman make ends meet. Passage of this bill will offer man of the committee for introducing from Illinois [Mr. EVANS], the gen- these valiant men and women who served our this important legislation. I strongly tleman from New York [Mr. QUINN], country a little more purchasing power. This October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9837 legislation also provides a partial compensa- TERIES.—Chapter 24 of title 38, United States SEC. 2. CONDITION ON GRANTS TO STATE-OWNED tion to the widows and children of veterans Code, is amended by adding at the end the VETERAN CEMETERIES. Section 2408 of title 38, United States Code, whose deaths were found to be service-con- following new section: ‘‘§ 2411. Prohibition against interment or me- is amended— nected. This too is fitting and right. (1) by redesignating subsection (d) as sub- Again, I commend your leadership on this morialization in the National Cemetery System or Arlington National Cemetery of section (e); and bill, Chairman STUMP, and I am pleased to persons committing Federal or State cap- (2) by inserting after subsection (c) the fol- offer my unqualified support for its passage. ital crimes lowing new subsection: Mr. STUMP. Madam Speaker, I re- ‘‘(d)(1) In addition to the conditions speci- ‘‘(a)(1) In the case of a person described in serve the balance of my time. fied in subsections (b) and (c), any grant subsection (b), the appropriate Federal offi- made on or after the date of the enactment Mr. EVANS. Madam Speaker, I yield cial may not— of this subsection to a State under this sec- back the balance of my time. ‘‘(A) inter the remains of such person in a tion to assist such State in establishing, ex- Mr. STUMP. Madam Speaker, I have cemetery in the National Cemetery System panding, or improving a veterans’ cemetery no further requests for time, and I or in Arlington National Cemetery; or yield back the balance of my time. ‘‘(B) honor the memory of such person in a shall be made on the condition described in The SPEAKER pro tempore. The memorial area in a cemetery in the National paragraph (2). Cemetery System (described in section ‘‘(2) For purposes of paragraph (1), the con- question is on the amendment in the dition described in this paragraph is that, nature of a substitute offered by the 2403(a) of this title) or in such an area in Ar- lington National Cemetery (described in sec- after the date of the receipt of the grant, gentleman from Arizona [Mr. STUMP]. tion 2409(a) of this title). such State prohibit the interment or memo- The amendment in the nature of a ‘‘(2) The prohibition under paragraph (1) rialization in that cemetery of a person de- substitute was agreed to. shall not apply unless written notice of a scribed in section 2411(b) of this title, subject The bill was ordered to be engrossed conviction or finding under subsection (b) is to the receipt of notice described in sub- and read a third time, was read the received by the appropriate Federal official section (a)(2) of such section, except that for third time, and passed. before such official approves an application purposes of this subsection— The title of the bill was amended so for the interment or memorialization of such ‘‘(A) such notice shall be furnished to an as to read: ‘‘A bill to amend title 38, person. Such written notice shall be fur- appropriate official of such State; and United States Code, to provide a cost- nished to such official by the Attorney Gen- ‘‘(B) a finding described in subsection (b)(3) eral, in the case of a Federal capital crime, of such section shall be made by an appro- of-living adjustment in the rates of dis- priate official of such State.’’. ability compensation for veterans with or by an appropriate State official, in the case of a State capital crime. Mr. STUMP (during the reading). service-connected disabilities and the ‘‘(b) A person referred to in subsection (a) rates of dependency and indemnity Madam Speaker, I ask unanimous con- is any of the following: sent that the amendment in the nature compensation for survivors of such vet- ‘‘(1) A person who has been convicted of a erans’’. Federal capital crime for which the person of a substitute be considered as read A motion to reconsider was laid on was sentenced to death or life imprisonment. and printed in the RECORD. the table. ‘‘(2) A person who has been convicted of a The SPEAKER pro tempore. Is there f State capital crime for which the person was objection to the request of the gen- sentenced to death or life imprisonment tleman from Arizona? DENYING VETERANS BENEFITS TO without parole. There was no objection. PERSONS CONVICTED OF FED- ‘‘(3) A person who— The SPEAKER pro tempore. The gen- ERAL CAPITAL OFFENSES ‘‘(A) is found (as provided in subsection (c)) to have committed a Federal capital crime tleman from Arizona [Mr. STUMP] is Mr. STUMP. Madam Speaker, I ask or a State capital crime, but recognized for 1 hour. unanimous consent for the immediate ‘‘(B) has not been convicted of such crime Mr. STUMP. Madam Speaker, I yield consideration in the House of the Sen- by reason of such person not being available 30 minutes to the gentleman from Illi- ate bill (S. 923) to deny veterans bene- for trial due to death or flight to avoid pros- nois {Mr. EVANS] pending which I yield ecution. myself such time as I may consume. fits to persons convicted of Federal ‘‘(c) A finding under subsection (b)(3) shall capital offenses. be made by the appropriate Federal official. Madam Speaker, S. 923 is a bill to The Clerk read the title of the Senate Any such finding may only be made based deny burial in a national cemetery to bill. upon a showing of clear and convincing evi- veterans convicted of capital offenses. The SPEAKER pro tempore. Is there dence, after an opportunity for a hearing in During our committee hearings on this objection to the request of the gen- a manner prescribed by the appropriate Fed- measure, and a similar measure which tleman from Arizona? eral official. the gentleman from Illinois [Mr. ‘‘(d) For purposes of this section: There was no objection. EVANS] and I introduced, we heard tes- ‘‘(1) The term ‘Federal capital crime’ The Clerk read the Senate bill, as fol- timony from all the major veterans lows: means an offense under Federal law for which the death penalty or life imprison- service organizations. Although none S. 923 ment may be imposed. of the organizations oppose the concept Be it enacted by the Senate and House of Rep- ‘‘(2) The term ‘State capital crime’ means, of the legislation in this area, they all resentatives of the United States of America in under State law, the willful, deliberate, or urged the committee to be very careful Congress assembled, premeditated unlawful killing of another about taking away earned benefits SECTION 1. DENIAL OF VETERANS BENEFITS human being for which the death penalty or from veterans who have served their Notwithstanding any other provision of life imprisonment without parole may be im- law, a person who is convicted of a Federal posed. country honorably. capital offense is ineligible for benefits pro- ‘‘(3) The term ‘appropriate Federal official’ Existing law requires the reduction vided to veterans of the Armed Forces of the means— of compensation benefits to veterans United States pursuant to title 38, United ‘‘(A) the Secretary, in the case of the Na- serving prison terms, and there are States Code. tional Cemetery System; and provisions which revoke all benefits for AMENDMENT IN THE NATURE OF A SUBSTITUTE ‘‘(B) the Secretary of the Army, in the case certain crimes, such as treason or espi- OFFERED BY MR. STUMP of Arlington National Cemetery.’’. (b) CLERICAL AMENDMENT.—The table of onage. Mr. STUMP. Madam Speaker, in lieu Our committee carefully examined a of the committee amendment, I offer sections at the beginning of chapter 24 of such title is amended by adding at the end number of proposals which would deny an amendment in the nature of a sub- the following new item: benefits to a certain class of veterans stitute. and reached a bipartisan conclusion on The Clerk read as follows: ‘‘2411. Prohibition against interment or me- morialization in the National the legislation before the House. The Amendment in the nature of a substitute Cemetery System or Arlington committee chose not to limit benefits offered by Mr. STUMP: Strike out all after National Cemetery of persons the enacting clause and insert in lieu thereof other than burial in a national ceme- committing Federal or State tery at Arlington or in State veterans the following: capital crimes.’’. SECTION 1. DENIAL OF ELIGIBILITY FOR INTER- cemeteries. (c) EFFECTIVE DATE.—Section 2411 of title MENT OR MEMORIALIZATION IN However, the House amendment does 38, United States Code, as added by sub- CERTAIN CEMETERIES OF PERSONS expand the types of crimes which could COMMITTING FEDERAL CAPITAL section (a), shall apply with respect to appli- CRIMES. cations for interment or memorialization lead to loss of benefits to both State (a) PROHIBITION AGAINST INTERMENT OR ME- made on or after the date of the enactment and Federal capital crimes. I want to MORIALIZATION IN CERTAIN FEDERAL CEME- of this Act. note the role of the gentleman from H9838 CONGRESSIONAL RECORD — HOUSE October 31, 1997

Alabama [Mr. BACHUS] in insisting that tleman from New York [Mr. QUINN], the my estimation, when we had to deal the bill address State capital crimes. I chairman of the subcommittee, who with some very emotional issues, we would also like to thank the gentleman worked diligently to address these is- took a measured, timed approach to from Texas [Mr. RODRIGUEZ] for his sues contained in this legislation. I end up with a truly bipartisan effort careful examination of the legislation urge my colleagues to support this here this afternoon. and for his suggestions regarding veter- measure. I thank my friends and colleagues on ans who may not stand trial for capital Madam Speaker, I reserve the bal- both sides of the aisle for their interest offenses. ance of my time. and the time they spent. I think we end Madam Speaker, I reserve the bal- Mr. STUMP. Madam Speaker, I yield up with at least a bill we can take to ance of my time. such time as he may consume to the the full Congress. Mr. EVANS. Madam Speaker, I yield gentleman from New York [Mr. QUINN], Mr. EVANS. Madam Speaker, I yield myself such time as I may consume. the chairman of the subcommittee. 4 minutes to the gentleman from Mis- Madam Speaker, I rise in support of Mr. QUINN. Madam Speaker, I thank souri [Mr. SKELTON]. the amendment in the nature of a sub- the gentleman for yielding me this Mr. SKELTON. Madam Speaker, I stitute to this bill offered by the dis- time. The bill before the House this thank the gentleman for yielding me tinguished gentleman from Arizona afternoon reflects an amendment to S. this time. [Mr. STUMP], the chairman of the Com- 923 as reported by the House Commit- Madam Speaker, I compliment the mittee on Veterans’ Affairs. The tee on Veterans’ Affairs. As amended, chairman of the committee and the amendment is a measured response to a S. 923 would prohibit burial or memori- ranking member of the committee, as difficult and complex question: Under alization in a national cemetery, Ar- well as other Members, the gentleman what circumstances should a veteran lington National Cemetery or, prospec- from Texas [Mr. RODRIGUEZ], the gen- who has served our country honorably tively, any State cemetery for which a tleman from New York [Mr. QUINN], be denied the privilege of a burial in a State receives funding from the VA to and the gentleman from Alabama [Mr. cemetery set aside for the repose of anyone convicted of a Federal capital BACHUS], for their efforts in this re- veterans? crime or any State capital crime in- gard. Madam Speaker, imagine yourself a This bill recognizes that some former volving the loss of one or more lives. It member of a family who has a loved members of the Armed Forces have also gives the appropriate Federal and one, a veteran who has passed on, who been found guilty of acts so egregious State officials the authority to deny is buried in a national cemetery, either in the eyes of the Nation that they burial to those who are shown by clear in Arlington or another national ceme- should forfeit their right to burial in a and convincing evidence are guilty of tery such as the one we have, one of cemetery dedicated to veterans. S. 923, such a crime but are unavailable be- three we have in Missouri. Also imag- as amended, recognizes the special cause they have avoided prosecution or ine that in a plot nearby, a convicted value of service to our country. It rein- died prior to trial. The bill does not af- mass murderer, a veteran, is buried. forces the general principle of veterans fect other burial benefits such as a What would the reaction of you or rights earned in service to this Nation flag, Presidential certificates, or burial the family be? Anguish? Disappoint- may be abridged only in the most ex- payments. ment? traordinary circumstances, extraor- Madam Speaker, in crafting this bill This law, that hopefully will pass and dinary circumstances which justify an and this legislation before us, we have be on the books, covers that loophole. abridgement of the right to burial in a adopted the Senate’s desire to include I testified before the House Committee veterans cemetery are specified in this all Federal capital crimes but, in rec- on Veterans’ Affairs concerning this legislation. ognition of a veteran’s honorable serv- issue. I recommended then that the The amendment offered by the gen- ice, we have retained the very limited present law be changed to prohibit con- tleman today, which I support, varies denial of benefits contained in H.R. victed murderers and terrorists from from the version passed by the full 2040 introduced by the gentleman from being buried in national cemeteries. committee. These changes clarify the Arizona [Mr. STUMP]. As amended, S. The current law prohibits burial in intent of the committee to prevent the 923 will not distinguish between a national cemeteries of veterans who burial of former military members who crime against a Federal official or a have been convicted of certain crimes. engaged in postmilitary service acts so private citizen, Federal or State law. However, the law has a loophole which offensive to preclude their burial in We believe that the bill amendment needs to be closed. The existing law those cemeteries which have been set strikes a reasonable position, as the does not prohibit veterans who use aside for the repose of our Nation’s vet- gentleman from Illinois [Mr. EVANS], weapons of mass destruction against erans. Veterans who are convicted of the ranking member, just mentioned, property or persons of the Federal Gov- Federal capital crimes and of murder that protects the status of honorable ernment or murder of a Federal law en- in State capital cases will be barred military service while recognizing at forcement officer or the crime of ter- from burial in the National Cemetery the same time the heinous nature of rorism from being buried in national Service, Arlington National Cemetery, capital crimes. cemeteries. and any State’s veterans cemetery Madam Speaker, I want to emphasize This, of course, was brought to my which has received a grant from the to all of our colleagues that this bill attention as a result of the mass mur- Department of Veterans Affairs for does not violate constitutional provi- der of 168 Americans in Oklahoma City such cemetery on or after the date of sions against ex post facto laws, nor on April 19, 1995, and the subsequent the enactment of this bill. does it qualify as a bill of attainder. conviction of a man who happened to Veterans who fled to avoid prosecu- This bill is an exercise of the Congress’ be a veteran. tion or who have lost their life as a re- constitutional authority to prescribe Missouri, Madam Speaker, has three sult of a Federal and State capital eligibility for any veterans benefit and, national cemeteries, Jefferson City Na- crime which otherwise would have re- because we are proscribing a class of tional Cemetery, the Springfield Na- sulted in the sentence of death or life persons, this is not a bill of attainder. tional Cemetery, and Jefferson Bar- imprisonment as defined by this bill Madam Speaker, in closing, I genu- racks National Cemetery, the latter of will also be barred from burial in a vet- inely want to thank our ranking mem- which is in St. Louis. We should re- erans cemetery. An earlier version of ber of the subcommittee, the gen- serve our national cemeteries for indi- this bill would have denied the burial tleman from California [Mr. FILNER], viduals who served and sacrificed for benefits to veterans who had not been the gentleman from Alabama [Mr. love of country, those who in later life tried by reason of insanity. BACHUS], the gentleman from Arkansas would be role models for those who fol- As a result of the concerns raised by [Mr. SNYDER], and the gentleman from low them as members of the armed the distinguished gentleman from Texas [Mr. RODRIGUEZ] for their work services or as veterans. Texas [Mr. RODRIGUEZ], it became clear on this bill. The honor that accompanies burial in that such a course would be unwise. I We scheduled extra meetings in my a national cemetery is a guarded treas- want to thank my colleagues on the office and had meetings with the chair- ure. The men and women who faced un- committee and particularly the gen- man and the ranking member, and, in paralleled adversity while serving their October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9839 country deserve a patriotic and es- The bill that came from the Senate after the Senate passed S. 923 by a vote of teemed burial. would not have addressed this. The 98 to 0. It is with these thoughts in mind people that participated in the mili- As pictures of the Oklahoma City bombing that I not only compliment the com- tary honor guard protested having to were brought into the lives of everyone across mittee, the chairman and ranking participate in honoring a man who had this great country, no one watched with more member and those who worked on it, just been executed in the electric chair horror than I did. It will always remain in- but I endorse it wholeheartedly and in Alabama. The Senate bill did not ad- grained in our hearts, our minds, and our urge its passage. dress that; the House bill did. souls. Mr. STUMP. Madam Speaker, I yield Madam Speaker, this is a much bet- Like the rest of the Nation, I was saddened 3 minutes to the gentleman from Ala- ter bill, and I urge its passage, and I more by the fact the person responsible for bama [Mr. BACHUS], a member of the thank the chairman and the sub- killing 168 people in the most heinous domes- committee. committee chairman. tic terrorist act ever committed could receive a Mr. BACHUS. Madam Speaker, I Mr. EVANS. Madam Speaker, I yield hero's burial with taps, a 21-gun salute, and a thank the gentleman for yielding me the balance of my time to the gen- flag-draped coffin. time. tleman from Texas [Mr. RODRIGUEZ], a S. 923 is the right thing to do. Our Nation's Madam Speaker, I want to commend fighter for veterans and member of the veterans' cemeteries are sacred ground, and the chairman of our committee, the committee. they are a solemn and sad reminder of the gentleman from Arizona [Mr. STUMP], Mr. RODRIGUEZ. Madam Speaker, I price our Nation has paid for the freedom we and the gentleman from New York [Mr. rise today to commend the leadership enjoy every day. It is wrong for those veterans QUINN], the chairman of the sub- for taking swift and precise action to and their dependents to live with the thought committee. What they have done prevent violent criminals from being that someone who has killed so many inno- through their leadership on this bill is honored in our Nation’s veterans’ cent lives on our own soil could be laid to rest to give us a much better piece of legis- cemeteries. next to these fallen heroes. lation than what we had when it came The bill we are passing today amends I commend Chairman STUMP and the rest of over from the Senate. earlier provisions which may have un- the Veterans' Committee for their diligence on The bill is not to punish; the bill is to fairly targeted those who would be this issue. I would also like to thank the chair- protect our veterans. It is to respect blamed, veterans’ families or veterans man for allowing me to testify before his com- our veterans. It is meant to protect who suffer from mental illness. I be- mittee on this very issue. All of us, including them. It is not punitive. This bill does lieve the focus of this bill on actual myself, who served in our armed services are a very fine job of doing that. convicts and veterans who obviously thankful for his leadership to ensure our Na- When the bill came over from the committed the crime with the req- tion's cemeteries remain sacred. Senate, the gentleman from Missouri uisite mental intent protects due proc- GENERAL LEAVE [Mr. SKELTON] talked about a loophole, ess for veterans and their families. Mr. STUMP. Madam Speaker, I ask and I think that is a very good word. I In protecting veterans and veterans’ unanimous consent that all Members think the gentleman is correct, in that families from the arbitrary elimination may have 5 legislative days within when it came over from the Senate it of benefits, this legislation strikes the which to revise and extend their re- said that certain people could not be resounding chord that we will not bless marks and include extraneous material buried in a National Cemetery if they criminal veterans with the honor of on S. 923 and H.R. 2367. had committed a Federal offense or a burial in our national cemeteries. The SPEAKER pro tempore. Is there Federal capital offense. We agreed with Madam Speaker, in closing, let me objection to the request of the gen- that. thank the chairman and the ranking tleman from Arizona? But the Committee on Veterans’ Af- member, as well as the gentleman from There was no objection. fairs felt we should not set up a pref- New York, Chairman QUINN. I think Mr. STUMP. Madam Speaker, I have erence for someone who commits Fed- the gentleman did an exceptional job no further requests for time, and I eral offenses, nor should there be pref- in reaching out to us in a bipartisan yield back the balance of my time. erential treatment given to Federal of- manner. The SPEAKER pro tempore. The fenses as opposed to State offenses. In Mr. EVANS. Madam Speaker, I have question is on the amendment in the other words, if you blew up a Federal no further requests for time, and I nature of a substitute offered by the building, if you killed a Federal officer, yield back the balance of my time. gentleman from Arizona [Mr. STUMP]. if you committed a murder on an In- Mr. STUMP. Madam Speaker, I yield The amendment in the nature of a dian reservation, you would be prohib- myself such time as I may consume. substitute was agreed to. ited from being buried in a national Madam Speaker, once again I would The Senate bill was ordered to be cemetery; but if you blew up a city like to commend the gentleman from read a third time, was read the third hall, if you killed a sheriff, if you New York [Mr. QUINN] and the gen- time, and passed. walked in a McDonald’s and killed 20 tleman from California [Mr. FILNER], The title of the Senate bill was people, there would be no prohibition the chairman and ranking member of amended so as to read: on you, a mass murderer, being buried this subcommittee, and also again the An Act to amend title 38, United States in a national cemetery. gentleman from Alabama [Mr. BACHUS] Code, to prohibit interment or memorializa- We took care of that simply by say- and the gentleman from Texas [Mr. tion in certain cemeteries of persons com- ing that all capital offenses were cov- RODRIGUEZ] and the ranking member of mitting Federal or State capital crimes. ered. What the gentleman from Arizona the full committee, the gentleman A motion to reconsider was laid on [Mr. STUMP] took leadership on is he from Illinois [Mr. EVANS], for all their the table. was interested in respecting our ceme- fine work on this bill. I think we have f teries, preserving their dignity, think- come up with a very fine product, and ing about those heroes who are buried I would urge all Members to support it. SPECIAL ORDERS there, and our statement to the Nation Mr. KNOLLENBERG. Madam Speaker, I The SPEAKER pro tempore. Under on who are our heroes. rise in strong support of S. 923, a bill to deny the Speaker’s announced policy of Jan- The Senate bill, I think, was puni- veterans burial benefits to persons convicted uary 7, 1997, and under a previous order tive, in that it denied to the widows, to of Federal capital offenses. I would also like to of the House, the following Members the dependents, all benefits, and that commend the chairman of the House Veter- will be recognized for 5 minutes each. was not what we were after. That is not ans' Affairs Committee, Mr. STUMP, for his f what we were seeking. We were seeking guidance in bringing this important bill before to protect and to respect, not to be pu- the House. IN HONOR OF JOHN N. nitive. On June 18, I introduced H.R. 1955 which STURDIVANT The final product I wholly endorse. I is similar to the legislation before the House The SPEAKER pro tempore. Under a originally introduced part of this legis- today. As a member of the VA±HUD Appro- previous order of the House, the gentle- lation in response to a lynching of a 19- priations subcommittee, I felt it was necessary woman from Maryland [Mrs. MORELLA] year-old young man in Mobile County. and appropriate to introduce this legislation is recognized for 5 minutes. H9840 CONGRESSIONAL RECORD — HOUSE October 31, 1997 Mrs. MORELLA. Madam Speaker, I women in the House and in the coun- remind everybody that it is women rise today to honor the memory of try, and I want to say a few words who are over 50 who are at greatest John Sturdivant, a good friend of mine about women in both places; first, risk for breast cancer. If women aged 50 and a good friend of hundreds of thou- about women in the House, and then to 69 have regular mammograms, they sands of Federal employees, including about two issues that concern women can reduce their chances of death from those he knew personally and those throughout the country. breast cancer by one-third, and gradu- whom he never met. John died after a On October 21 the women of the ally, by bringing attention to this courageous struggle with cancer on House, those who belong to the Wom- dreaded disease, we have been able to Tuesday night. His death and the loss en’s Caucus, and that is virtually all of do something about it. of his leadership are devastating blows us, had our first ever gala. That gala I do want to put into the record risk to his family, his friends, and all Fed- was given to raise funds for Women’s factors that are more specific than eral employees. I will miss him very Policy, Inc., and it was a most success- what we usually hear. These are the much. ful event, with the President and the risk factors: Having had a previous As president of the American Federa- First Lady and the Secretary of State breast cancer; a specific, identified ge- tion of Government Employees since all coming to pay tribute to 20 years of netic mutation that may make one 1988, John was an outstanding cham- achievement by women in Congress. susceptible to breast cancer; a mother, pion of Federal employees during a We set an extraordinary bipartisan a sister, or a daughter, or two or more time of rapid downsizing and unprece- example. The gentlewoman from Con- close relatives with a history of breast dented attacks against Federal em- necticut, Mrs. NANCY JOHNSON, is the cancer, and that could be even cousins; ployees. Republican cochair this year. Last year a diagnosis of other types of disease He was a wonderful ally to have in the gentlewoman from New York, Mrs. that are pinpointed to predispose one our fight for Federal employees. We NITA LOWEY was the Democratic to breast cancer; that is to say, breast worked together to successfully reform cochair, and the gentlewoman from disease that predisposes one to breast the Hatch Act and give Federal em- Maryland, Mrs. MORELLA, was the Re- cancer; dense breast tissue, which ployees the political voice they de- publican cochair. They kept the caucus makes it difficult to read a mammo- serve. alive and bipartisan, and we were gram; and having a first child at age 30 In 1995, we stood together protesting pleased to follow in their wake this or older. the deleterious and wasteful Govern- year. Madam Speaker, this was also Vio- ment shutdowns. He presented not only The caucus simply gets things done. lence Against Women Month. By ob- compelling arguments against the Gov- It gets things done any way it can. serving and talking about this terrible ernment shutdowns, but he also voiced Sometimes it is by getting policies epidemic in our country, we are finally the human costs of the Government changed; sometimes it is by getting bringing it out of its special closet. shutdown in a very powerful way. laws changed. And what does the cau- Some 3 out of every 100 women in this He successfully advocated the use of cus have to show for 20 years from the country have been severely assaulted official time and led the charge against work we have done? More women get- by a partner, that is, not simply a slap, excessive Government privatization. ting mammograms, and therefore a de- but severely assaulted. They had to go John was there, with me and several of crease in breast cancer and cervical to the emergency room or get medical my colleagues, as we successfully cancer; the Pregnancy Discrimination treatment. fought against proposals to reduce Fed- Act; the Violence Against Women Act. Madam Speaker, I hope what the eral retirement benefits. He did not let It is a roster to be proud of. Women’s Caucus has done helps us all partisan politics obstruct his pursuit of But as it turns out, October was the to understand the value of the caucus fairness for Federal employees. We sup- awareness month for two concerns that to bring our attention to problems ported one another, I valued his help, women across the country have given such as these. his guidance, and his bipartisan ap- the caucus as their own priorities, f proach to Federal employee issues. Breast Cancer Awareness Month, and He was a man who was selfless in his Domestic Violence Month. THE TRUTH ABOUT VANDALISM dedication to AFGE. Enduring his ill- The Women’s Caucus this very year AND ILLEGAL PROTEST IN DIS- ness, in and out of the hospital, he con- waged a battle for mammograms for TRICT OFFICE OF HON. FRANK tinued to speak out powerfully on is- women over 40. This was in the tradi- RIGGS OF CALIFORNIA sues involving our civil service. tion of the Women’s Caucus, when it The SPEAKER pro tempore. Under a I offer condolences to his companion, looked as though we were about to get previous order of the House, the gen- Peggy Potter, his daughter, Michelle a reversal in policy on that very issue. tleman from California [Mr. RIGGS] is Sturdivant, his mother, Ethiel Jessie, The science did not support a reversal, recognized for 5 minutes. and his brother, stepbrother, and sis- and we were able to get it changed Mr. RIGGS. Madam Speaker, it is ter. May they be strengthened by his based on the science. rather unusual circumstances that inspiration, his warm personality, and We pride ourselves in not getting bring me to the floor to address my his achievements. changes like that not on political colleagues during special orders, but I Madam Speaker, I honor the memory grounds, and using the data that is pro- really feel compelled to make this and the great accomplishments of John vided us by Women’s Policy, Inc., we statement because of some very, I Sturdivant, a man who touched the were able to help turn that decision think, one-sided, misleading reports lives of hundreds of thousands of peo- around. Now women at 40 should get a that have appeared in the media re- ple, and a man who will be greatly mammogram every year or every other cently regarding a protest that oc- missed by all who knew him and by year. curred at my district office in Eureka, those for whom he fought, who never This is an important issue. It is im- CA, on October 16. had the good fortune to meet him. portant to have the focus of women in On that day, over 60 protesters f Congress on it, because since the early stormed my office. They trespassed my b 1245 seventies the incidence of breast can- office. They threatened, they actually cer has increased by 1 percent a year, accosted and assaulted my two employ- AN EXTRAORDINARY MONTH FOR and we do not know why. All we know ees working in the office at the time, WOMEN IN THE HOUSE AND IN is that we have to do something about both female employees, wonderful, THE COUNTRY it. dedicated employees by the names of The SPEAKER pro tempore (Mrs. Actually, if mammograms are high Julie Rogers and Ronnie Pelligrini, EMERSON). Under a previous order of quality they can spot breast cancer in who felt genuinely threatened and the House, the gentlewoman from the women over 50 at a rate of 85 to 90 per- frightened for their safety when this District of Columbia [Ms. NORTON] is cent of the incidence of cancer. So we incident began. recognized for 5 minutes. have made a lot of progress. These protesters, however, four of Ms. NORTON. Madam Speaker, this While we focused on the threat to whom were subsequently arrested, have has been an extraordinary month for women at 40, the fact is that I want to now gone to the media, along with October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9841 their criminal defense attorneys, chain themselves, and to submit to the dollars, these unregulated, unlimited, claiming that they were the victims of custody of law enforcement because huge donations saturate our system to improper police conduct or inappropri- they were under arrest, after they re- where the outrage of the American peo- ate use of force by law enforcement. So peatedly refused these lawful orders, ple will finally force this Congress, spe- I want to explain exactly what tran- the peace officers involved, who have a cifically the Republican leadership, to spired in my office. very difficult, dangerous, and dirty job let us take up campaign finance re- First of all, as I mentioned, the group to do, then warned that they might use form. was led by an individual wearing a ski chemical agents to compel them to But I am thinking that maybe we are mask and carrying a walkie-talkie. So surrender to arrest. I am a former law not going to have to wait that long, be- imagine for a moment if your work- enforcement officer myself. That is op- cause we have some examples right place, your business, your office, was posed to some other manner of peaceful now going on in special elections where invaded by somebody wearing a ski restraint. They thought that was the we can see and predict what is going to mask, and a group of protestors. proper arrest technique to use in this happen in 1998. As they came in the office, as I men- situation. Right now in New York this Tuesday tioned, they jostled my employees, who Even then, after being warned repeat- there is going to be an election to fill obviously had no idea what was tran- edly, they refused to comply with the the seat of retired Representative spiring at the time, and who were at- orders, so the law enforcement officers Susan Molinari. We have two can- tempting to call for help. They then at that point applied a little pepper didates, a Democrat, Eric Vitaliano, trashed and vandalized my office, spray in the face area of these and a Republican, Vito Fossella. As the throwing bark and sawdust 6 inches protestors, who still refused to comply press reports a couple of days ago, the deep on all of the equipment and with the orders of the law enforcement Democrat had spent about $35,000 in throughout the office on the floor, and officers, who then finally, as a last re- television ads and the Republican had they unloaded and wheeled into my of- sort, used a chemical agent called pep- spent about $85,000. I am sure those fice a gigantic tree stump as part of per spray to force them to submit to numbers are substantially higher now. this protest. When they off-loaded the arrest. But what we have is a duel between tree stump in the parking lot, they did Now these protesters are out there two local candidates who care very it with such a thud that my employees with their criminal defense attorneys much about their country and are try- initially thought that some sort of a saying, and I quote one of the attor- ing to win the election. But in the middle of this duel comes bomb had gone off outside. neys, ‘‘The abuse of this extremely the 800-pound gorilla. The 800-pound Bear in mind, this was all part of an dangerous and incredibly painful chem- gorilla is the Republican National orchestrated protest, part of a series or ical weapon to force obedience of Committee. Not only is it an 800-pound ongoing series of protests that have be- peaceful protesters is not related to gorilla, it is an $800,000, $800,000 gorilla come, unfortunately, a fact of life on any legitimate law enforcement objec- that has brought in outside money California’s north coast, but involve tive.’’ through the committee saturating the the harassment of private law-abiding I want to conclude by saying that airways to tilt the election toward the citizens, intimidation, trespassing, these were not peaceful protesters, vandalism of personal and commercial Republican. these were reckless, wanton Our laws do not have loopholes, they property, and resisting arrest. lawbreakers. My message to the media have an absolute, major sieve, and have After all this took place, and this is get it right, and tell the rest of the become almost meaningless to deal was to protest my role in helping to se- story. with these massive amounts of money. cure congressional authorization and f Madam Speaker, for Mr. Vitaliano, funding for the protection of living the Democratic candidate, he is cur- wage jobs in the forest product indus- NEED FOR CAMPAIGN FUND-RAIS- ING REFORM HIGHLIGHTED BY rently required by Federal law that he try, and 7,500 acres of old growth can only accept a $1,000 donation from forestland in my district, in the con- SPENDING FOR UPCOMING SPE- CIAL ELECTIONS any individual, and he can only accept text of the annual spending bill for the $5,000, maximum, from any political ac- Department of the Interior, they were The SPEAKER pro tempore. Under a tion committee. protesting my role in that because previous order of the House, the gen- The Republican National Committee they wanted to preserve, they want to tleman from Arkansas [Mr. SNYDER] is has absolutely no limit on the amount preserve, 60,000 acres of forestland, all recognized for 5 minutes. of money it can accept into the party of it privately owned in our district, Mr. SNYDER. Madam Speaker, over as soft money, and in fact, there have and they would like to add that to the the last several months we have heard been reports of donations over $1 mil- vast tracts of forestland that already is a number of discussions about the lion, and I suspect we will see more of in the public domain, under public problem of large donations in our cam- those to that size. ownership. paign system. I have been up on the So what is the problem? The problem But as this protest continued, four floor, as have many people, discussing for the voters of New York, they are individuals, one of them a minor, all that issue. going to have to decide if that seat is female, chained themselves to this gi- At one time I had a large blown-up for sale to the highest bidder. Folks gantic tree stump in my office. When check that we had which had been say, well, Democrats do it, too. But I the local law enforcement agencies ar- signed by my friend, Ima Big Donor, do not think that makes it in any bet- rived, they refused repeated commands, made out for $1 billion, with a big sign, ter. lawful orders from sworn peace offi- ‘‘To any old political party,’’ a com- All it means is if you are a local per- cers, to separate themselves. pletely and perfectly legal donation son sitting in New York, you are going It turns out they had stuck their under our current campaign laws. I to say, is the amount of Republican arms in metal sleeves, chained them- continue to be optimistic that some- money coming in from the outside selves to this tree stump, and law en- thing will occur in this session of Con- going to win the day or the bid, or will forcement officers explained to these gress that will deal with campaign fi- it be offset by the amount of the Demo- four protestors that not only were they nance reform. cratic money coming from outside New under arrest, not only were they resist- But when I go back home and make York? Is that going to tip the scale? ing arrest, but that law enforcement speeches and people ask me, do you The seat becomes for sale to the high- was afraid to cut through these metal think that you all are going to do any- est bidder. sleeves for fear that the sparks might thing in Washington about campaign The problem for our system is two, as set off a fire in the office, which, as I finance and these terrible problems we I see it. No. 1, what do those huge dona- mentioned, had been littered at that are having, I say, look, it may take one tions buy? Is it access? That is what we point with sawdust and wood chips ev- more election cycle. Maybe we will often hear. Is it access, the ability of erywhere. have to go through the 1998 election someone who makes a $300,000 donation So after they gave repeated orders to cycle, and just see these thousands and to get into the seat of power and dis- these protestors to separate, to un- thousands and millions of these soft cuss the issues that a person who H9842 CONGRESSIONAL RECORD — HOUSE October 31, 1997 makes a $25 donation does not get to woman from North Carolina [Mrs. wish to add their name to the list do? CLAYTON] is recognized for 5 minutes. should use the following address: http:/ Mrs. CLAYTON. Mr. Speaker, as you /breastcare.shn.com. b 1300 are aware, October is National Breast Mr. Speaker, we must be committed I think that is one of the problems. Cancer Awareness Month. Why is the to finding a cure for this cancer as well The other one is this issue of the 800- issue so important? It is important be- as many other devastating diseases. We pound gorilla. When I am a candidate cause breast cancer is the most com- all can help because cancer, indeed, and I announce for a race, I call my mon major cancer for women. Every 3 claims many of our loved ones. brother-in-law and he sends me $25, and minutes, a woman in the United States f I call the guy down the street and he is diagnosed with breast cancer. sends me $100. This devastating disease is the sec- TRIBUTE TO FORMER The outside money in these huge ond leading cause of death among can- CONGRESSMAN JOEL PRITCHARD amounts, $800,000, absolutely over- cer victims overall. Today there are The SPEAKER pro tempore. Under a whelms the local fundraising. It dis- more than 2.6 million women living previous order of the House, the gen- torts the local politics. It makes the with breast cancer, women who strug- tleman from Washington [Mr. WHITE] is race one in which outside huge money gle daily against the ravages of this recognized for 5 minutes. powers control the race, and I think killing disease. Of those 2.6 million Mr. WHITE. Mr. Speaker, in recent that is wrong. American women, 71,000 of them are in weeks, the House has lost a man who We have a second example. Our dear North Carolina. Many of these afore- should be an example to all of us, and friend, Walter Capps, passed away just mentioned women are undiagnosed, do I just wanted to spend a few minutes a few days ago, and there is obviously not know they have the disease. today talking about him. going to be a special election. There is Fortunately, through research devel- Joel Pritchard, who served in this already discussion out there in Califor- opments, we have effective methods of House from 1972 to 1984, died earlier nia about who is going to be in the detection that are improving steadily. this month in Seattle. There was a me- race, and Walter’s funeral has not even However, no technique, no matter how morial service here last night over in occurred yet. effective, can diagnose women who do the Cannon Office Building that many Yesterday’s Roll Call newspaper has not have adequate access to health of us attended. There was a funeral a quote discussing that race from an care. service in Seattle several weeks ago. employee of the National Republican Each year on average 182,000 women Unfortunately, Mr. Speaker, I will Congressional Committee, and this is are diagnosed with breast cancer. Of never be able to match the observa- what he said. ‘‘We will do whatever it that total, 16,000 are Afro-American tions that were made at those two pro- takes to win this seat. That means and over 4,900 of them are from North ceedings about what a wonderful per- spending whatever it takes, ground Carolina. son Joel was, but I would like to make troops, party money. This is the kind While the prognosis is good for many just a few observations of my own. of seat where we will go to war to win.’’ women with breast cancer, it often First of all, I think that for those of Well, aside from perhaps commenting proves fatal for those women whose us in the House it would be good for us on the crassness of making such a cancer is not discovered until it is very to recognize that Joel was everything statement even before poor Walter has late in their lives. that we so often are not. Joel was al- had his funeral, listen to those terms. Mr. Speaker, the losses we have as a ways cheerful. He was always positive. ‘‘Party money.’’ Not ‘‘local money,’’ Nation suffered are staggering as a re- He never said an unkind word about ‘‘party money.’’ The $800,000 gorilla sult of this. Each year on average near- anybody. Nobody could remember one presents his head. It is wrong. ly 44,000 women succumb to breast can- in all of his long years here in the Mr. Speaker, this Congress needs cer; 44,000 mothers, sisters, daughters, House of Representatives. campaign finance reform. spouses, partners and friends. Mr. Joel was the sort of person who be- f Speaker, 5,200 of those women are, lieved that one could accomplish any- again, Afro-American women; 1,200 of The SPEAKER pro tempore (Mr. thing they wanted to accomplish if them are from my home State of North RIGGS). Under a previous order of the they did not care who got the credit. Carolina. And I think those are all things that House, the gentleman from Michigan Mr. Speaker, I cannot stress enough [Mr. SMITH] is recognized for 5 minutes. we can could stand to remember today. how critical it is to study this insid- Mr. Speaker, I would like to enter [Mr. SMITH of Michigan addressed ious disease further, for 80 percent of into the RECORD two things: First, a the House. His remarks will appear women diagnosed with breast cancer do column that appeared in the Seattle hereafter in the Extensions of Re- not fall into any known high-risk cat- papers just a week or two after Joel marks.] egory, so they do not know they have died by Adele Ferguson that makes the f it. comment at the end of the article that, The SPEAKER pro tempore. Under a This is an issue for all of us, not just ‘‘Joel Pritchard is an argument for previous order of the House, the gen- those with a family history of breast human cloning.’’ tleman from Indiana [Mr. VISCLOSKY] is cancer. The incidence of breast cancer I think that is something that those recognized for 5 minutes. has been rising steadily since 1940, but of us who knew him would agree with. [Mr. VISCLOSKY addressed the none of the experts have been able to Include the following for the RECORD. ascertain why. We do not know how to House. His remarks will appear here- A MAN OF HIS WORD, JOEL PRITCHARD GAVE cure this disease or even how to pre- after in the Extensions of Remarks.] POLITICIANS A GOOD NAME vent it. Significant strides have been f (By Adele Ferguson) made in detection and treatment of The SPEAKER pro tempore. Under a breast cancer, but we still have a long Few, in my nearly 40 years of covering the doings of politicians, had what I called HIGI, previous order of the House, the gen- ways to go. tleman from Pennsylvania [Mr. ENG- for honesty, intelligence, guts and integrity, The economic impact on the United and Joel Pritchard was one of them. LISH] is recognized for 5 minutes. States is incredible. Breast cancer If anybody remembers that classic tele- [Mr. ENGLISH of Pennsylvania ad- costs the United States over $6 billion vision series about a congressman called dressed the House. His remarks will ap- annually in medical care and the loss ‘‘Slattery’s People,’’ the former Seattle con- pear hereafter in the Extensions of Re- of productivity. gressman and lieutenant governor who died marks.] Mr. Speaker, two of my colleagues in of lymphoma at age 72, was Slattery. He was f Congress, the gentlewoman from Con- walking integrity. He was also fun. He used to come charging necticut [Ms. DELAURO] and the gentle- up out of his seat in the state House like a BREAST CANCER AWARENESS woman from California [Ms. ESHOO], MONTH seltzer fizz, and the foam just got all over ev- have begun an Internet petition drive erybody. Everybody liked him and everybody The SPEAKER pro tempore. Under a calling for improved insurance cov- listened to him because he only talked when previous order of the House, the gentle- erage for breast cancer. Those who he had something to say. When Pritchard October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9843 said something came ‘‘slithering’’ over from control. Another thing that he men- The reality, however, was that electoral the Senate, everybody else had to say it too, tioned was that highly effective legis- success was their only success. For one, after over and over again. lators refuse to take themselves too se- eight years in office, not a single amendment It was Pritchard who told me that when he riously. He also said that highly effec- or other piece of legislation offered by him shared a house with then-fellow Reps. Dan in committee or on the floor of Congress was Evans, Slade Gorton and Chuck Moriarty, tive legislators demonstrate their in- ever adopted, even though he was a member Evans was the only one who made his bed be- tegrity by admitting their imperfec- of the majority party. The other was a fore they left each morning. He shared with tions, and he has several other things confrontational, bombastic speaker whose me his disgust as fellow legislators who, dur- here that I think we could learn from instinct for controversy gave him high media ing the morning prayer, shuffled and read pa- here. I will include this article as well notice and therefore high name recognition. pers on their desks instead of concentrating for the RECORD. But, again, in the halls of Congress, even the members with well-fed egos (which is most, on the message. [From the Seattle Times, Sept. 7, 1997] Once, when rumors were hot about some- of course) looked down on him as a show- thing the Republicans were up to, I asked THE 10 HABITS OF HIGHLY EFFECTIVE boater, and he was as ineffectual as the first him about it, and he looked sad. ‘‘Adele,’’ he LEGISLATORS fellow in actually getting things done. said, ‘‘I know exactly what you want to What does it take to become an effective law- These were people who were in office not know, but I am part of it and I am sworn to maker? State and national political veteran Joel for what they could do, but for what they secrecy.’’ When he was not sworn to secrecy, Pritchard has seen a lot of promising candidates could appear to do. Watch out for politicians however, he was candid and trusting that I wither on the political vine. One thing he has with big propellers and small rudders. would not misuse his confidences. I knew a learned: A winning campaign style does not Of course, there are a few members of leg- lot I couldn’t write. translate into legislative competence. In this era islative bodies whose early years are marked Pritchard had been in the Legislature for of term limits, he offers 10 characteristics of suc- by ineffectiveness who change for the better 12 years when he decided it was time to move cessful politicians—attributes voters should con- over time. on, and he’d always said he wasn’t going to sider when evaluating candidates. I served with two members of Congress grow old in the office just listening to the (By Joel Pritchard) who were completely undistinguished in their first years on the Hill, but eventually lobbyists tell him what a good guy he was. Campaign season is a good time for voters matured. One, from the East, was noted for One of his neighbors at his summer place to think about what it takes to be an effec- what a colleague termed ‘‘self-righteous on Bainbridge Island was U.S. Rep. Tom tive office-holder as compared to what it grandstanding.’’ Colleagues don’t mind if Pelly, who had served in Congress for 18 takes to be an effective political candidate. you do that back home, but they hate it years. Two long, Pritchard said. It was time The requirements not only are different, when you try it on them! Worse, this fellow for new blood, new ideas. He never said a bad they often are contradictory, and they are often hinted to fellow members that they all word about Pelly, who survived the primary not always obvious. In 32 years of political lacked his intelligence and concern. Instead challenge, but who got the message and re- service, I witnessed numerous state legisla- of admiring him more, of course, his col- tired the next time around, leaving the field tors and members of Congress who possessed leagues for years went out of their way to ig- to Pritchard. the intellectual capacity and energy to be ef- nore him. Fortunately, he was smart enough God and the voters willing, Pritchard said, fective public officials, but somehow did not to see in time what he was doing wrong. he would limit his time in Congress to 12 develop the habits that would make them so. The other late-bloomer, from the upper years, which he did, despite a burgeoning Still, some were very accomplished at win- Midwest, performed as a narrow-minded tide of encouragement, including mine, to ning elections back home. Others simply ideologue, someone who didn’t want to be accept a draft to stay on. self-destructed in politics as well as states- bothered with the lessons of experience, be- In 1988, Lt. Gov. John Cherberg retired and manship. cause he already knew what was wrong with Pritchard decided to run for the open seat. Two come immediately to mind. One was a the country and had simplistic slogans to He would never have challenged Cherberg, young Washington state legislator who was meet every situation. After about a decade of who not only was a good friend but his foot- smart and articulate; the kind to whom the such posturing, he began to realize that ball coach at Cleveland High School. media attach the word ‘‘promising.’’ But he though he was still in office, he hadn’t ac- Pritchard told me that during World War refused to acquire understanding and com- complished anything. Listening to others, II, when he was an Army private slogging petence in legislative practices. Instead, he accepting a little less than perfection (by his through the jungles of Bougainville, a fellow developed as his primary interest finding op- lights) and accepting responsibility for the soldier gasped, ‘‘How are we ever going to portunities to make public criticisms of legislative process, he, like the other case get use to this awful heat and being thirsty minor problems at state agencies. This ap- above, grew into a respected leader in his all the time?’’ proach interested few constituents. party. ‘‘You should have played for my high The other was a Western state congress- In truth, such late-bloomers are unusual. school football coach,’’ Pritchard gasped man who wasn’t effective in the House be- Most people—including politicians—find it back. ‘‘You would have gotten use to it.’’ cause of a quiet reputation for being hard to change. The personal behavior and Cherberg never let his players go to the untrustworthy. His constituents probably political techniques that a candidate brings drinking fountain during practice. ‘‘He didn’t distrust his word, because they didn’t to office normally are the ones he or she will though it was bad for you,’’ Pritchard said. see him in action, close up. But his col- practice once there. In an age of term-limit He promised, on his election to succeed leagues learned that they could not count on considerations, when many fear the loss of Cherberg, that he would only serve two him, and, believe it or not, that is still an legislative bodies seasoned by experience and terms and not run for governor. He kept that important standard in legislative chambers. institutional memory, discovering these promise too. In addition, this individual made it his cus- artibutes in candidates is more important Three bouts of cancer never diminished his tom to encourage voters in neighboring con- than ever, though no easier. spirit, although he was saddened by two gressional districts to criticize their own My observation is that effective legislators failed marriages. He was a devoted brother representatives. That may not be immoral, posses characteristics that, regardless of and father. A voracious reader, he wanted ev- but it certainly is foolish if you want your their years in office, are primarily respon- erybody to enjoy reading as much as he did colleagues to cooperate with you later on sible for their success. Of course, office-hold- and spent much of his spare time as a tutor. matters that you care about. ers need to be ambitious, intelligent and Joel Pritchard was one of the finest public Neither of these individuals is still in of- committed to hard work. But they also have officials and human beings I ever met. Joel fice. to have cultivated good political habits. Pritchard made being a politician respect- Two other members of Congress that I en- Here are ten of them: able. Joel Pritchard is an argument for countered—one from the Southwest and the (1) They keep their egos under control. human cloning. other from the Midwest—never came close to Put it this way: They don’t let the praise Also, Mr. Speaker, I would like to fulfilling their potential. Seeking publicity of their own campaign brochures go to their enter in the RECORD the last public and constant campaigning for the next elec- head. They don’t abuse staff members and writing that Joel had. It appeared less tion were always more important to them those who assist them, nor treat career pub- than legislative work. lic servants or their fellow legislators with than 2 months ago in one of the Seattle They chased television cameras and ingra- condescension. In fact, the code of the gen- papers. It is a subject that I think all tiated themselves with reporters and com- tleman (or ‘‘gentlelady’’ in Congress) is what of us could benefit from in this House. mentators. They were masters of taxpayer- it always has been: Treat everyone in a It is entitled ‘‘The 10 Habits of Highly financed newsletters and the art of perpetual friendly, collegial way. Effective Legislators.’’ If I could take fund raising. Their re-election efforts were (2) They are able to manage and lead their just a minute or two to point out a successes, all right, and they were returned staff or those who are chosen to assist them, couple of things that Joel was talking to office again and again. and they seek advice from competent and Most of the voters in their districts prob- trustworthy sources. about in here. ably thought that the blizzard of press re- The ultimate effectiveness of legislators He said that among the 10 habits of leases signified that their congressman was can be partially judged by whom they em- highly effective legislators was the fact one of the most powerful leaders in the coun- ploy, by their willingness to seek informa- that, No. 1, they keep their egos under try. tion from many sources (whether or not on H9844 CONGRESSIONAL RECORD — HOUSE October 31, 1997 his own side) and by whom they rely on for alistic sense of proportion, and that actually porter first asked me who I would like regular counsel. Legislators who limit them- helps the serious business proceed. For many to be like in Congress and who was my selves to a narrow circle of advisers from any elected officials, periodic re-election and hero, what sort of model would I like part of the spectrum usually limit the growing seniority make them imagine that to follow, Joel Pritchard was the first breadth of their knowledge and vision. they not only are gaining in experience but (3) They do their legislative homework and in virtue. Arrogance and acute self- person I thought of. He had that rep- develop expertise on at least one issue. centeredness hurt effectiveness. An ability utation throughout our State, even A legislator earns respect from his fellow to laugh at yourself has the ‘‘serious’’ result among people who did not know him. lawmakers by providing them with a supe- that it disarms your opponents! After I was elected, Joel took a per- rior understanding of certain types of legis- (9) They understand that you become more sonal interest in me and we saw a lot of lation, even if the subjects are not of great- effective by listening, questioning and learn- him in our office in Washington, DC. est importance to other members. Because ing, rather than just talking. He would come back and talk to me legislators deal with so many issues, each Almost all politicians, in or out of office, has the opportunity to become an expert. It’s like to talk, naturally. and talk to the staff. Every once in a an opportunity the showboaters pass up, but However, that does not mean that they while he would give me gentle advice which pays off at crucial times and becomes have a lot of patience for other politicians on the right way to deal with things, the source of mutual trust and reliance in who abuse the privilege. They do notice the and frankly he gave me an example of legislative bodies. person who studies carefully, gives evidence a really excellent way to conduct my- (4) They are not obsessed with obtaining of sincere intellectual curiosity and works self in the job that I have. I have the credit from the media and the public for pre- hard. seat that he had for 12 years. sumed legislative accomplishments. Obvi- (10) They demonstrate their integrity by ously, elected officials need to receive some admitting their imperfections. I would like to say, Madam Speaker, credit in order to be seen as effective back Nobody’s perfect and little is more annoy- in closing, that he set out a very admi- home. But for that very reason, the legisla- ing than some politician who pretends other- rable path for those of us who are in tor who shares credit builds trust and re- wise—especially with his colleagues, who this business. It is a path that frankly spect among his colleagues. This kind of definitely know better. In fact, if you were will be harder for me to follow, and I credit in politics is like financial credit in a perfect, you’d be smart to hide it. think harder for all of us in this House bank; it’s there when you really need it. Admitting your were wrong on an issue, to follow, now that Joel is no longer not knowing the answer to every question Most legislators especially develop a dis- with us. We will miss him very much, taste for fellow members who continually and even changing one’s mind in the face of seek praise when it is not deserved. It may facts are signs of personal security and perhaps more than we know. I just not count against them in the media, but it strength, not of weakness. Such occasional hope we can all be worthy of his exam- does count against them in legislative nego- admissions (which obviously should not be ple. tiations. calculated) demonstrate to colleagues genu- (5) They realize that changes often come in ine character and encourage trust. Any ob- f a series of small steps. server can tell you that most legislators do I’m talking about the art of compromise, not have all of these characteristics, and I of course. Political and social principles are would be the first to confess that in my 24 HONORING THE LIFE OF JOHN N. extremely important, but of little benefit if years as a legislator, not all of them were STURDIVANT they can’t persuade people on their own. Ob- part of my own makeup. The SPEAKER pro tempore (Mrs. taining desired legislation by increments is Effective legislators don’t need to have EMERSON). Under a previous order of usually more realistic under the American them all, but they do need to have a major- system than it is, perhaps, in systems with- ity etched in their personality, and usually the House, the gentleman from Mary- out so many checks and balances and where long before their election. land [Mr. HOYER] is recognized for 5 laws can be fundamentally changed all at Other factors will help develop character, minutes. once. Legislators who insist on having every- including experience, analytical powers that Mr. HOYER. Madam Speaker, I came thing their own way may look noble on tele- improve personal judgment, and the courage to speak about the loss of a leader in vision, but they carry little weight with to stand up and be counted when the politi- the Washington Metropolitan Area and their colleagues and generally get little of cal risks are high. Oddly, however, many of our most effective in our community, but as well in our consequence done. Nation. I came to the floor and I heard (6) They know how to work in a bipartisan legislators have great difficulty being elect- fashion on most issues and respect the sin- ed to higher office. Why is this so? Regret- the gentleman from Washington [Mr. cerity of those who oppose their point of tably, just as a good ‘‘show horse’’ does not WHITE] speak about Joel Pritchard. I view. necessarily result in a good ‘‘work horse,’’ had not heard that he died. The effective legislator, like an effective the opposite is also true. The very humility Madam Speaker, I had the oppor- person in any field, is able to discuss issues that makes for trust within a legislative tunity to serve with Joel Pritchard. He without personal rancor, and to realize that body, enabling quiet influence for good, is was a Representative, as has been said, the vulnerability a rival can exploit at cam- he or she may not possess the final truth in of great integrity and great substance, all matters of public policy. paign time. The courage of one’s conviction Respect is the basis of civility. It lubri- that the history books are likely to praise is a very decent human being who be- cates the legislative process and removes un- perceived as mere stubbornness in the eyes lieved that partisanship came long necessary friction. of an offended interest group. after principle. He was a delight to There’s wisdom as well as kindness in this That is why it is increasingly important serve with, and I am sorry to hear that attitude of humility. An honest legislator for voters, and the media that inform them, he has passed away. will admit that much legislation, once it is to consider the quiet, behind-the-scenes mer- But as I will say about John implemented, may turn out to lack the per- its of effective legislators and other elected Sturdivant, Joel Pritchard was some- fection its authors claimed for it and will officials. The character issue is really about have to be modified or even repealed. Don’t the age-old search for someone who would be one who made this House a better place denounce your critic too harshly. History ‘‘good’’ in office. The implication is that because of his service. may prove him right! character and effectiveness usually go hand Madam Speaker, I rise to speak (7) On issues where dramatic differences of in hand. So don’t just take the word of a about a very good friend of mine, John opinion exist, they are intellectually capable campaign ad, television sound bite, or even a Sturdivant, president of the American of understanding their opponents’ positions news column, as to who is likely to do the Federation of Government Employees. and arguments. best job in office. John Sturdivant died just a few days This is hard to do, or at least to do well. Check with a legislator’s colleagues and ago of cancer. I had the opportunity to The common tendency is to parody the argu- the people who work with him or her. If we ments of an opponent or put words in his want effective people in office, we need to talk to him about 3 our 4 days prior to mouth. But even if the public cannot always learn how to do a better job of figuring out his death. Even at that time, he was see it, other legislators know when a col- which ones they are. talking about his beloved members of league is representing an opponents’ case Finally, Mr. Speaker, I would like to the American Federation of Govern- fairly. When it happens, even though minds make a couple of personal observations ment Employees, was talking about may not change, attitudes are changed. An about Joel Pritchard. how he could fight for and work for en- honest debater wins points of respect. It adds When I ran for Congress, I had never suring that they had an opportunity to to the credit in his bank! (8) They refuse to take themselves too seri- run for any office before. I was not earn sufficient funds to create for ously. really all that involved in politics and themselves a decent life and to provide Politics is a serious business, but keeping I did not know Joel very well at the well for their families, their husbands, a sense of humor is essential to keeping a re- time, but I can remember when a re- their wives, their children. October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9845 Madam Speaker, his death leaves not of levity to this House, but sometimes DEPARTMENT OF THE TREASURY, only the American Federation of Gov- we have to make sure we maintain our INTERNAL REVENUE SERVICE, ernment Employees, not only govern- sense of humor in order to make sure Ogden, UT, July 14, 1997. ment employees generally, but our Na- we maintain our focus. Robert C & Elfriede M. Huntley. tion bereft of an individual who fought Madam Speaker, this is Halloween REQUEST FOR TAX PAYMENT tirelessly on behalf of our Nation’s and there will be many scary stories According to our records, you owe $124.10 on your income tax. Please pay the full civil servants and on behalf of effi- that are told today. One of the scariest stories that I heard that I remember amount by Aug. 4, 1997. If you’ve already ciency and effectiveness in our govern- paid your tax in full or arranged for an in- ment. when I was a child was the tale of the stallment agreement, please disregard this As president of AFGE, John headless horseman. But in keeping notice. Sturdivant represented over 700,000 with that theme today, let me tell you If you haven’t paid, mail your check or workers throughout the United States a true story. I call it the tale of the money order and tear-off stub from the last page of this notice. Make your check payable during one of the most difficult periods brainless taxman. As I said, this is really a true story and it involves one to internal revenue service and write your facing civil servants in this country’s social security number on it. If you can’t pay history. He was deeply committed, of my constituents. My constituent, a respected Idaho ju- in full, please call us to discuss payment. Madam Speaker, to the belief that to- rist named Robert Huntley, carefully day’s civil servants constitute the an- TAX STATEMENT paid his taxes every year and when I swer, not the problem, to making our PAYMENTS AND CREDITS said he is a respected Idaho jurist, he is Tax withheld ...... $.00 Government operate more smoothly a former justice of the Idaho Supreme and efficiently. The thousands of work- Estimated tax payments ...... ¥45,041.61 Court. He is a careful man. He is a law- Other credits ...... 00 ers he spoke for could not have had a abiding man. He thought that he was Other payments ...... ¥29,804.00 Total payments & credits ...... ¥74,845.61 more committed, more knowledgeable, safe, by paying his estimated taxes as more passionate advocate of their in- required, from the clutches of the TAX terests. brainless taxman. But last year he Total tax on return ...... 74,846.00 Madam Speaker, I knew John Less: Total payments & credits ...... ¥74,845.61 made a mistake. The good judge under- Underpaid tax ...... 39 Sturdivant well. He was my friend. He paid his taxes by 39 cents. Out of near- Penalty ...... 123.70 worked very hard to shift public opin- ly $75,000, the good judge underpaid his Interest ...... 01 ion of civil servants from the incorrect taxes by 39 cents. Amount you owe ...... 124.10 perception of inactivity and non- Subtract payments we have not Now, that is an error of about one included above ...... lllll performance to the truth of a dynamic two-hundred thousandths of the tax Pay this amount (use tear-off and hard-working national resource. burden. It is also less than one-half dol- on last page) ...... lllll Madam Speaker, I will be speaking at lar. It seems to me that it could have f John Sturdivant’s funeral next week, been rounded down to a zero, but that NATIVE AMERICAN HOUSING BILL and I will remember him as a good would have been reasonable. And the human being, as an American who IRS is not reasonable and we all know The SPEAKER pro tempore. Under a cared about his country, as a person that from the horror stories that we previous order of the House, the gen- who utilized his talent to the fullest, have heard across this Nation. tleman from Washington [Mr. not simply for himself or for profit or So what did the brainless taxman do METCALF] is recognized for 5 minutes. Mr. METCALF. Madam Speaker, re- for gain, personal gain, but for the wel- in this case? Well, he pointed a bony cently I have introduced H.R. 2663, the fare of the country he loved and the finger in the direction of the judge and Native American Housing and Self-De- welfare of his members. told him that he owes 39 cents in back termination Act amendments, to He was at times a person of great taxes plus $123.71 in penalties plus 1 strengthen the Native American hous- passion and even anger, but that anger cent in interest on this egregiously de- ing bill passed in the 104th Congress. and passion was directed at correcting linquent bill. Since the passing of this legislation, we and righting wrongs that he perceived. Now, Madam Speaker, the brainless have become aware of abuses and mis- I know that he dealt with the Presi- taxman assessed penalty and interest management in the Department of dent, with the Vice President, and with of $123.71 for an error of 39 cents on Housing and Urban Development and so many of us in the Congress of the former Justice Robert Huntley. In case you are wondering, in order their Native American Housing Pro- United States as an advocate of poli- gram. Throughout the events leading cies that would reward our personnel to calculate 39 cents as a percentage of his tax bill, you have to go back six up to the disclosure of abuses, it is evi- based upon their effort and their talent dent that HUD has been slow in acting, and their accomplishments. decimal places. No wonder Americans are scared to death of the brainless slow in responding, and slow in taking He will be difficult for AFGE to re- corrective measures. place. He will, like all of us, be re- taxman. Madam Speaker, let us drive a stake through the heart of this mon- Consequently, Federal funds which placed. None of us are indispensable. should have been spent on low-income But all of us hopefully can be remem- ster once and for all. Let us not just wound him, let us drive a stake tribal members were spent for extrava- bered as making a special contribution, gant housing or projects not approved a contribution of significant worth, a through the heart of this monster. Madam Speaker, I include for the by the grant. Where was HUD when contribution emanating from a sense of RECORD copies of Justice Huntley’s let- these abuses were occurring? Why was our country’s needs and the needs of ter that was sent to me and his tax bill. not HUD watching for abuses? our fellow men and women. I have properly redacted the good These were some of the questions at Madam Speaker, I thank you for this judge’s Social Security number. a joint hearing held by the Senate time to remember a good and decent Committee on Banking, Housing, and GIVENS PURSLEY & HUNTLEY LLP, American, John Sturdivant, President Urban Affairs earlier this year. In re- BOISE, ID, JULY 21, 1997. of the American Federation of Govern- Hon. HELEN CHENOWETH, ality HUD could have done consider- ment Employees. Longworth House Office Bldg., ably more to prevent the abuses from f Washington, DC. occurring in the first place. HUD could DEAR CONGRESSMAN CHENOWETH: I write have imposed greater sanctions and b 1315 you to give you a document which will in- HUD could have stopped construction still pride in the bureaucracy of our govern- THE BRAINLESS TAXMAN of some of the projects. ment, namely the IRS. Enclosed is a notice My legislation will strengthen the The SPEAKER pro tempore (Mrs. I have received advising that I underpaid my quarterly payments by $.39 cents and thus I new law by requiring greater public ac- EMERSON). Under a previous order of countability, increasing auditing capa- the House, the gentlewoman from am being assessed a penalty of $123.70 and in- terest of $.01 (one cent). bilities, and ensuring that Federal Idaho [Mrs. CHENOWETH] is recognized It is great that the IRS expends its energy funds are used appropriately. Cur- for 5 minutes. ferreting out us substantial tax avoiders. rently, the law allows the Secretary of Mrs. CHENOWETH. Madam Speaker, Sincerely, HUD to waive the submission of a it is not often that I bring a whole lot ROBERT C. HUNTLEY, Jr. H9846 CONGRESSIONAL RECORD — HOUSE October 31, 1997 housing plan by the small tribes. The and selling their organs for transplant shows that the prisoners were imme- housing plan contains the tribes’ goals be stopped and that we say this is im- diately lined up, that an officer would and objectives in providing housing for moral. Earlier this month, on ‘‘Prime take and realign the guns before the low-income tribal members. Time Live,’’ a television show airing on executions. It also shows pictures of To ensure that the tribes are ac- ABC, Americans got a see for them- the hospitals and you go into the hos- countable to HUD and to the public, selves what has become an all too com- pitals that are videoed and these hos- my bill will require all tribes to submit mon practice of prisoners routinely ex- pitals are clearly shown to be PLA hos- a housing plan to HUD. ecuted and their organs sold to people pitals. They interviewed a Thai woman More importantly, these housing willing to pay $30,000 for a kidney in who was told that she was actually get- plans and other tribal policies will be wealthier countries. ting a prisoner’s kidney and that she available to the public. I believe that What is even more troubling is that would have an absolute matched blood this public disclosure will help keep Chinese nationals living in the United and tissue type because there were so HUD accountable to the taxpayers. My States on student visas are marketing many prisoners available. The tape legislation will also require audits these organs to Americans and other also shows American corporation W.R. under the Single Audit Act. This would foreigners who have the money to Grace Co. appears to be involved in the consolidate the auditing process into a make the $5,000 deposit and they travel kidney dialysis in China and is a part single process and thereby expedite the to China to a Red Liberation Army of this operation. auditing process and reduce bureau- hospital where they receive the kidney In conclusion, more must be done on cratic red tape. Again, these reports on using modern American medical facili- all fronts when it comes to Chinese the audits will be available to the pub- ties, but only they have been tissue- human rights record. I am pleased that lic. typed and the prisoner, of which they the Secretary of State Albright has an- The Secretary of HUD can also re- say there are plenty, is tissue-typed so nounced that we will have a three-per- quest additional audits and reviews to there is a perfect match. son group of Americans from different determine if a tribe is in compliance The resolution that we entered yes- denominations go and look into this with the provisions in their housing terday condemns this practice, but it and other violations. plans and ensure performance in a also calls on the administration to bar Madam Speaker, as the President of timely manner. These reports will also from entry any Chinese official who is China is here, it is not the time to be be available to the public. directly involved in the practice of silent. It is the time for all of Ameri- Last, we need to ensure that Federal organ harvesting to the United States. cans to stand up and speak out. I think funds are spent appropriately. We can Furthermore, we have called for indi- America needs to watch next week as only do this if we know why tribes are viduals who are in the United States Congress stands and does stand up and spending Federal funds for different in- now engaged in marketing and facili- opposes what is happening in China. come groups. We are aware of cases tating these transplants to be pros- Dr. Dai, the Chinese doctor on the American where Federal funds were not spent for ecuted. student visa quoted the price of a kidney at the targeted group. My bill will require I want to tell you some facts about $30,000, with $5,000 required in advance. that tribes explain their targeting of this that we now know and that we U.S. law makes it: ``unlawful for any person housing funds. In turn, they will have a have asked this administration to in- to knowingly acquire, receive, or otherwise clearer understanding of what is ex- vestigate and the Attorney General transfer any human organ for valuable consid- pected of them. and FBI to come before Congress and eration for use in human transplantation if the I know that my bill will not stop all present subpoenas and facts on. transfer affects interstate commerce.'' the abuses in mismanagement. It is a Here are some of the facts. Amnesty More must be done on all fronts when it start in making HUD more responsible International, August 1997, there is a comes to China's human rights record and I to this Congress. We can no longer tol- report that shows that China has exe- am pleased by Secretary of State Albright's erate the abuses and wasteful spending cuted at least, probably more, but at announcement that an ecumenical group of which have occurred in the past. Today least 3,500 people. Because China does Americans will be permitted to travel to China we begin to give HUD greater author- not have law that protects individual to examine the human rights situation. This is ity to oversee this program, but also to rights, a person can be arrested today a good first step but we must ensure that they keep them accountable to the tax- for standing up against the Communist are not given a whitewash. payers. regime and in 48 hours after finding Two days ago, I introduced a resolution ex- I have worked with tribes in my dis- that they have a DNA match that pressing a sense of the Congress that the trict and outside to address their con- matches someone that wants to pur- Chinese Government's practice of executing cerns and together we have found com- chase their kidneys, can be executed. prisoners and selling their organs for trans- mon ground in many areas. I also A little more about the ABC report. plant patients is immoral and should stop. wanted to thank the gentleman from The ABC report was a result of a 3- Two weeks ago, on ``Prime Time Live,'' a New York [Mr. LAZIO], chairman of the month investigation. A year ago, the television show airing on ABC, Americans saw Subcommittee on Housing and Commu- tapes of the mass executions were pre- for themselves what has become an all too nity Opportunity and his staff for sented to the current administration common practice of prisoners routinely exe- working with me and my staff produc- and nothing was done. So this network cuted and their organs sold to people willing to ing this bill. went about looking at the evidence pay $30,000 for a kidney. I urge my colleagues to support this over a 3-month period and actually What is even more troubling is that Chinese legislation. We cannot strengthen this went to videotape the actual sales. The nationals living in the United States on student program without requiring public dis- videotape of prisoners on their way to visas are marketing these organs to Ameri- closure, increasing auditing capabili- execution was made in 1992 and never cans and other foreigners who are able to ties, and creating safeguards to ensure intended to be seen outside of official make a $5,000 deposit and then travel to that Federal funds are used appro- circles. China and be admitted to a Chinese Army priately. What you see on the videotape is that hospital where they will receive their kidney f the guns are lined up at the base of the after they have been tissue and blood typed. neck of the prisoners so that they can According to Amnesty International's August CHINA AND HUMAN RIGHTS preserve the organs. Human rights or- 1997 report, China has executed at least The SPEAKER pro tempore. Under a ganizations estimate that since 1990, 3,500 prisoners this past year and many re- previous order of the House, the gentle- more than 10,000 kidneys alone from ports say this number is closer to 4,000. woman from Washington, Mrs. LINDA Chinese prisoners have been sold, po- Human rights organizations estimate that SMITH, is recognized for 5 minutes. tentially bringing in tens of millions of since 1990, more than 10,000 kidneys from Mrs. LINDA SMITH of Washington. dollars to the Chinese military. Chinese prisoners have been sold, potentially Madam Speaker, yesterday I intro- For years, the U.S. Government has bringing in tens of millions of dollars to the duced a resolution expressing a sense of officially maintained that these prac- Chinese military. Congress that the Chinese Govern- tices do not happen, but all of our eyes My resolution, House Concurrent Resolution ment’s practice of executing prisoners were opened this last week. The tape 180, condemns this practice and calls upon October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9847 the Clinton administration to bar from entry man McGreevey, education figures as a off the table. When they did that, they any Chinese official who is directly involved in very important item. hurt the credibility of all the other ef- the practice of organ harvesting. Furthermore, On the floor of this House, there is forts to improve education. Teacher individuals in the United States who are en- hardly a week that goes by where edu- training, technology, charter schools, gaged in marketing and facilitating these cation is not dealt with in some form they become a bit of a joke when we transplants should be prosecuted under U.S. in some piece of legislation. Today was are talking to people where the schools law. one of those days when we had a dis- are crumbling all around them. It is a Mr. Speaker, as President Jiang Zemin con- cussion on education, which I must say bit of a joke to say that Washington cludes his visit to the United States, let's use we do not need. It was a very negative should have 3,000 vouchers, vouchers this opportunity to speak out on China's dis- discussion. Very negative action was for 3,000 youngsters, when a school sys- mal human rights record. Nothing will change taken today. We focused on vouchers, tem of 70-some-thousand youngsters is if Congress and the American people are si- and we are insisting that vouchers crumbling around us. It is a bit of a lent. The House is commonly known as the must be a part of the Federal effort to joke to talk about that solving the people's House and the American people want improve education. problem or any other effort we make their voices heard. They are a people of com- School vouchers, you know, there is now at this point in the Washington passion and good will and will not stand for a group here in the Congress that in- schools to talk to the teachers about organ harvesting or any other abuse of human sists on pressing ahead with vouchers the use of more technology, computers, rights. no matter what the American public videos, whatever; to talk to them f thinks of vouchers. It is like a dogma about the use of these modern aids to at this point. It is a religion. Dogmati- education is a bit ridiculous when the ON EDUCATION cally, they insisted vouchers must be schools in Washington do not have The SPEAKER pro tempore. Under placed in the forefront of any effort to heat. the Speaker’s announced policy of Jan- improve education. A large percentage of schools now are uary 7, 1997, the gentleman from New Despite the fact there is so much dis- suffering because they have a boiler York [Mr. OWENS] is recognized for 60 agreement about vouchers, there are problem, a heating problem, furnaces minutes as the designee of the minor- areas of agreement. We agree that are going bad. They open late. Three ity leader. charter schools, public charter schools, weeks late the schools in Washington Mr. OWENS. Madam Speaker, as a is a concept that might make a real open because a large number of them matter of practice, I never like to criti- contribution to education improve- had problems with leaking roofs. And cize any efforts related to the improve- ment. We agree on that. We agree that because so many had problems with ment of education, whether they take more technology in schools might leaking roofs, the court ruled that place here or at the local government make a real contribution to the im- schools in general could not open until area or in the State governments. All provement of education. We agree that they were all repaired. They finally, efforts to improve education are gen- teacher training and more funds to after 3 weeks’ delay, got the schools erally to be applauded. As I said before, make certain that teachers get more open. we need a comprehensive approach to training would make a great contribu- Now we have a large percentage of the improvement of our schools and al- tion to the improvement of education. schools that have problems with their most no attention focused on schools is We agree on quite a number of things. heating systems and they are closing wasted. Unfortunately, we do not agree on down the schools that opened up 3 First of all, it is important that the one major item that ought to be in the weeks late. Every day there is a new American people, the vast majority of forefront, and that is school construc- headline in the Washington paper. I the American people, the voters have tion. The one item that is necessary think we ought to stop for a moment placed education at a high priority po- before those other items can be really and consider the fact that this is the sition. They repeatedly insist that edu- put in place is an effort to help local- Nation’s capital. It may be overwhelm- cation is a high priority and that Fed- ities and States with the construction ingly African American. For some rea- eral aid to education is also a high pri- of decent schools. It is not a problem son, that leads certain people to be- ority. That is consistent and highly de- confined to the inner-city communities lieve that we really do not have to take sirable. As a result of the general pub- like mine, the 11th Congressional Dis- it seriously, what happens here is not a lic and the voters insisting that edu- trict of Brooklyn. It is a problem which mirror of America. But it is in many cation is a high priority, we have a lot is pervasive all over America. ways the America we do not want to of attention being focused on education There is not a single State that does admit. We do not have the high visi- by elected officials at every level, both not have schools that need replacement bility in the rural schools in America in the Congress, the city councils, and or repair or renovation, not a single that may be having leaking roofs or the State legislatures. State and quite a number of school dis- may be having problems with their fur- A lot of attention is being paid to tricts out there. The General Account- naces. We do not know about them be- education, a lot of campaigns that are ing Office says we need $120 billion to cause they are off the radar screen. running now across the country for deal with the infrastructure of public In big cities like New York, they are this coming election day on November education. Although, America, if you so big. Washington has less than, I 4, they are not congressional cam- really dealt with improving the infra- think, about 750,000 people. That may paigns because we are not running for structure to bring schools to the point be an optimum size for a city. After office this year, but municipal cam- where they are adequate, they offer that, it may be that the cities are too paigns, campaigns for Governor. adequate facilities that are conducive big that go beyond that because the to learning, it will cost about $120 bil- communications problems that result b 1330 lion. All the President proposed in his are horrendous. Schools are in the forefront in terms State of the Union message was $5 bil- I am a resident of the city of New of issues that voters care about and lion. We were happy to hear that be- York. I serve a congressional district want to hear discussed. Certainly, in cause it is a beginning. Five billion with 582,000 people. It is one of 14 con- New York City, Democratic candidate dollars was proposed to help with gressional districts in the city. We can- Ruth Messinger has certainly placed school construction, $5 billion to be not get on the radar screen of our local great stress on school improvement. spent over 5 years, maybe not nec- television stations. We cannot get on The Republican candidate incumbent essarily $1 billion a year, but over a 5- the radar screen of our local radio sta- mayor has answered in trying to show year period. That seems like much too tions with news that is important to a thousand ways in which he helped to little as far as I am concerned. But we my congressional district, made up of improve schools and education. And on will be satisfied that we have begun. many communities, planning districts, it goes. However, during the course of the all kinds of units in a city of 8 million In another major contest in New Jer- budget discussions between the Repub- people. You cannot find out in New sey, the very close contest between licans and the Democrats, that $5 bil- York City which schools have problems Gov. Christie Whitman and Assembly- lion construction initially was taken with their furnaces today. H9848 CONGRESSIONAL RECORD — HOUSE October 31, 1997 I would wager that there are more public schools controlled by some a good place to make the comparison. furnace problems today in New York central management and governance Because across the world, math and City than there are in Washington, mechanism. science is pretty much the same. It is D.C. But it is not news. It does not sur- There is no reason we cannot have not like sociology, not like literature. face. We have more than 300 schools in some charter schools which offer an al- Literature and sociology are too com- New York City out of 1,100 schools. I al- ternative and may, by example, lead to plex. They take a higher order of rea- ways have to clarify things when I talk improvement of public schools by oper- soning, in my opinion, than math and about New York City’s school systems ating in a free environment with the science. and make my colleagues understand ability to innovate and ability to do b 1345 the numbers. Unlike anything else in certain kinds of other things, including the country, there are 1,100 schools, the ability to attract a group of people Math and science is the same every- 60,000 teachers, 1.1 million students. who are dedicated to education and where. It is the same set of principles So, of the 1,100 schools, more than will stay with it over a period of time. you proceed from; the logic is always 300, and I was quoted a few weeks ago, There are a number of things that the same kind of logic. The whole no- I said more than 250. I have learned re- charter schools can show us if we had tion that it takes geniuses to deal with cently from people who are very close more of them. That would certainly math and science ought to be reexam- to the system, custodians’ union, that not be a big problem. In America right ined. To deal with the swirling, com- it is more like 325 schools that have now, I think about 86,000 public schools plex nature of societies, anthropology, furnaces that burn coal. We still have exist, not counting private schools, but sociology, a number of other things out furnaces in more than 300 schools that 86,000 elementary and secondary there are much more complex because are burning coal. Coal makes a lot of schools, more than 86,000, a little more. they are never the same; the variables heat. Maybe it makes more heat than And of that number, about 800 are char- are always moving and changing. oil or gas. But it also makes a tremen- ter schools. At this point, charter To deal with literature, the message dous amount of pollution. schools are about 800 out of 86,000. that literature brings about to a par- New York City is also the city that So we are not going to be over- ticular culture, all those things require has the largest number of children with whelmed by charter schools, but char- a much more complex set of reasoning asthma. We will not go into what other ter schools could provide an oppor- and higher ordered thinking, but I will respiratory diseases they may have. tunity to provide us with little labora- not get into that debate at this point. Again, it is so big that we have thou- tories of what can happen in a school Math and science comparisons are sands of cases that do not even tab- to deal with the problems faced by the made, and some of our best students ulate certain kinds of diseases. Asthma traditional public schools. from our best schools are falling short. is way up there. The number of chil- We will not be allowed next week to I say to every Member of Congress, no dren with asthma is astronomical. So discuss charter schools separately by matter how good the schools are, they children with asthma is one indication themselves. They must be intertwined, would, I think, agree they could be im- of children suffering from a pollution interwoven with the discussion of proved. problem. vouchers. That is the way the majority Would having vouchers improve So just to get rid of the coal-burning has insisted we must do it. So charter them? It probably would, according to schools would greatly improve the schools are going to be tarnished, your reasoning. If you say the best physical health of the children and tainted. The whole discussion will be schools are the private schools, then probably a lot of adults, also. But that adulterated and emasculated by the the best schools in your neighborhood, is not on the radar screen. They are not shadow of vouchers, which nobody real- I guess, are private schools, too. The even talking about it. I assure my col- ly in the Congress has shown great sin- best schools in your State, the best leagues that schools are breaking down cerity about because they come from schools in your school district, are every day with furnace problems in districts that do not have vouchers. they private schools too and if that is New York City. I would challenge every person, every the case, are you pushing vouchers in But, unlike Washington, the courts Member of the Congress who really be- your district? And what is the reaction and very active parent organizations lieves in the voucher system or some- of your school board? What is the reac- are in constant monitoring. Constant body else pushing the voucher system tion of your constituents? Come tell state of monitoring has been provided to go back to their own school dis- us. Do not tell us that this is a solution by the courts and the parent organiza- tricts, the school district where their for inner city schools, this is a solution tions of what is going on in the children go to school, and give us a re- for disadvantaged African American schools. They have some other prob- port, conduct a survey and give us a re- communities. We are going to push this lems related to health that are surfac- port on whether they want vouchers, solution down your throat, because we ing that may lead to some other shut- who wants vouchers in their district. believe that this is the way it should downs of schools. In their district, have they talked to go and we are going to make you take I say this because here we were on the local school board and are they in it. the floor of the House today discussing favor of vouchers in their district? The Washington, DC, appropriation vouchers, a rule to set the stage and Have they talked to parents? Are they bill that is still in the hopper, they are parameters for discussion of vouchers in favor of a voucher system? still negotiating and in conference on next week. The Republican majority I have heard lately that most of our the Washington, DC appropriation bill. insists that we cannot discuss some- Republican colleagues come from mid- What is one of the biggest hang-ups in thing sensible and something which dle-income districts where they have the Washington, DC appropriation bill? has achieved a great deal of consensus faith in their schools and they are not The biggest hang-up is the fact that among the Members of Congress, a interested in vouchers. They have faith the Members of the House of Rep- great consensus among the American in their schools and the schools have resentatives who believe in vouchers people as a whole, the public voters. done a pretty good job. Well, according have insisted that vouchers must be in- Charter schools are looked upon as a to various reports that are made, even stituted in the Washington, DC respectable effort to improve schools. our best schools in America can stand schools. Vouchers must be put in Public charter schools would provide a lot of improvement. Some of our best whether you like it or not. The people some of what we think is needed to im- schools that are very well funded, have of Washington, DC had a referendum, prove public schools. the best of everything, still have medi- they voted, they do not want vouchers. Most of the children in America are ocre performances or performances They voted not to have vouchers. This going to go to public schools a long that fall short of what we would like same Washington, DC decided to set up time to come. Over the next 20 years, I for them to be. a charter school board. I think prob- would predict at least 90 percent of the Certainly, we compare our best stu- ably there is no other city in the coun- children in America are going to still dents in math and science to the stu- try that has a board for charter be going to public schools, regular pub- dents in math and science in other schools. They do want charter schools. lic schools, traditional public schools, parts of the world. Math and science is They are going ahead. There are very October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9849 complex guidelines, and they are now State with respect to construction, going to take into consideration the in the process of examining applica- renovation or repairs. So why do we fact that this is going on? Are you tions for charter schools. So why not not focus on that? Why are we focused going to have a system for excusing the support them wholeheartedly with on testing? children who have experienced all charter schools, members of the Repub- The White House unfortunately has these problems in our school? Not at lican majority, why not leave them gotten locked into its own dogma. home. They may have problems at alone and stop trying to impose your Testing is the answer, testing above home with heating. They may have dogma, impose your religion on the all. I am not among those people who problems at home with broken fami- people of Washington, DC, your edu- say we should never have a national lies, low incomes that cannot afford to cational religion? Your dogma does not testing system. That is not my reason provide nutritious food, all kinds of work if people do not want it. It is not for opposing testing. My reason is that problems may exist in a poor neighbor- going well even in your own districts. testing is not a priority. Testing ought hood that we have been talking about So why are you going to impose it on to come in sequence. Testing should be for ages which impede the school’s Washington, DC? Why are you going to further down the line. What are you ability to educate the children. But let offer it to frustrated parents in the going to say, Mr. President, to the par- us put that aside and say that the inner-city communities as a solution ents of the children whose schools have school ought to be an oasis, at least when you know that only a tiny per- been shut down for 3 weeks in Washing- when they come to school they ought centage of the youngsters at best could ton and they started 3 weeks late when to be warm. When they come to school, be placed in voucher programs? And they go to take the test? What are you they ought to drink water that is not when you do that, you are mixing up going to say to the parents of these possibly tainted with lead. We have not church and State because most of those same children who not only had to gotten into that. schools that they find places in are start school 3 weeks late but they also There is a lead poisoning problem in church-related schools, and that whole have a problem now with the boilers many big cities because the older the debate and the conflict. and they face shutdowns and busing school is, the more likely it is to have In New York City it might seem easy around, all kinds of interference with lead pipes and the water that children as long as you are placing children in their schooling since school opened fi- drink every day is flowing through lead schools that are Christian schools. But nally and the weather began to turn pipes. We do not even raise the subject there are also Muslim schools there. cold. What are you going to say when officially in New York because we What about them? There are also Jew- it comes time for them to take the know if you go looking, you are going ish schools. What about them? What test? Are you going to give them an ex- to find too much lead in a lot of the kind of tensions are you going to cre- cuse? pipes. It ought to be examined, it ought ate when you wade into that problem As I said, in Washington, DC we have to be put on the radar screen, we ought of replacement of students with public a high profile area, a high visibility to not jeopardize the health of chil- funds into religious schools? Are you area. We know that large numbers of dren, because the younger you are, the not going to create a problem which is schools in Washington have a problem more devastated your brain may be by greater than the problem you solve? with the roofs leaking. We have been lead poisoning. Those are some of the questions. What looking at that for some time over the This is happening, Mr. President, ad- I want to dwell on here is the fact that past few months and we hope they have vocates of testing. How are you going this Congress, the 105th Congress, with gotten the roofs fixed now. We know to compensate for it? How are you a golden opportunity to really do some- now that they have a problem also going to adjust for it? Why do you not thing meaningful about education, is with the boilers not working, the fur- take into consideration the fact that frittering it away, has frittered away naces are not working. this is happening and say to your- an entire year around the edges with We know that in Washington, DC. selves, let us make construction a pri- concepts like vouchers and education What we do not have is a tabulation of ority. Let us put the full force and savings accounts and things that real- how many schools across the Nation weight and credibility of the Federal ly, if they have any meaning at all that are also in trouble and they are having Government behind a program to guar- might be worthy of consideration, they their youngsters bundle themselves up antee every child across the country a ought to be referred to the Committee in the classroom, which is not condu- decent physical facility, a physical fa- on Education and the Workforce for cive to learning, I assure you, but an cility which is not injurious to their further study and deliberation. invitation to lowering their immune health, a physical facility which is se- The voucher bill that was presented systems and bringing on other kinds of cure, a physical facility which is con- here for a rule today has not been dis- problems as a result. How many ducive to learning. The lighting sys- cussed in the Committee on Education schools are having children bundle up tem, the ventilation, whatever is nec- and the Workforce. We have not even with classrooms that have inadequate essary, let us at least provide that. Let gone through the regular democratic heating? How many schools out there us provide them with laboratories in process. It was just brought to the floor across the country have actually had those schools which are able to conduct because the people, the fanatics who to shut down for several days, starting science experiments. Let us have every believe in it, said this is our religion, with New York City? As I said before, school have adequate laboratories. Let this is our dogma, we are going to in- you would not know it out of our 1,100 us provide them with library shelf troduce it whether you like it or not schools if there were some that shut space and books in those schools which and we do not need to take it through down yesterday because the heating will give them a chance to really study the democratic process while we are systems were not working. The news is seriously in up-to-date books. frittering away at the opportunity not generated. I do not get that news. There are still many books in the li- really to do something quite signifi- I do not get any information. The pa- braries of New York City high schools cant in the area of education. With so pers do not think that is worthy of re- that are 30 and 40 years old and they many Americans on board, the elector- porting. It is a humdrum part of the are history books and geography books ate saying we want more attention routine. But I am sure if I go check totally inadequate, dangerously inac- paid to education, why do we not do today and yesterday, there were curate, but they are still there. If they something really meaningful, why do schools that had heating problems in took all the old books off the shelves of we not start with construction? Why do New York City. How many of those the libraries in New York City’s we not start with a program that the coal burning furnaces, furnaces that schools, we would have a lot of empty Federal Government can offer that no- still burn coal, how many of them are spaces that are not going to be filled up body else can offer? We are not inter- working today, spewing their pollut- soon. But I am not into my bill on the fering with the State and local govern- ants into the air, causing more chil- Federal Government aiding libraries in ments if we offer assistance with con- dren to have asthma? schools and elsewhere. I just want con- struction. They all need it. There is This is not news, not being discussed, struction at this point. Let us deal not a single State that cannot use but Mr. President and the people who with making construction a priority some funds for some school in the advocate national testing, are you and really be serious about the first H9850 CONGRESSIONAL RECORD — HOUSE October 31, 1997 priority. If you really care about edu- that appeared in the Washington Post that? There was a discussion about the cation, if you really think our Nation about D.C. schools October 30, yester- large amount of money spent on D.C. is at risk, if you really believe that an day: ‘‘Anger over Schools Suit Gets schools. The statement I heard on the educated society ought to be our first Personal, Attacks on Parent Leaders floor today made was $10,000 per stu- priority in terms of national security, Expose Racial Tensions.’’ dent is spent on the D.C. schools. That an educated people, the one way to b 1400 is pretty high. I heard somebody say guarantee that our economy will con- that is the highest in the country. tinue to go forward and prosper, an The back and forth discussion over Well, that is not true. It may be the educated people is absolutely necessary what is happening in the schools and highest of any big city in the country, in order for our democracy to work ap- the embarrassment has led to an up- but there are districts in New York propriately. Democracies cannot work heaval that is affecting race relations State where $20,000 is spent per young- without educated people. The people in this city. ster, per student, and there are prob- must be educated. Even when you have October 30, yesterday also, there was ably districts across the country that educated people in certain societies, another article about tests which indi- are equally as high. they still do not work if they do not cates that many students in D.C. would They are not big city districts. have democracies. not be promoted. Maybe the Speaker, and it was Speaker As we learned from the Soviet Union, There is a lot of talk at the White GINGRICH, I think, who said Washing- a highly educated society, a highly House and our committees about social ton, DC., schools spend more than any- educated people, probably in terms of promotion. Everybody is against social body else in the country on their science and math, there is no group of promotion. We are for motherhood and schools per pupil. It is not true, Mr. people on the face of the Earth more apple pie and against social promotion. Speaker. The number may be true for educated than the citizens of the So- Let’s be against social promotion, big city schools like Los Angeles and viet Union, but an educated people op- but for the national discussion to get New York, Philadelphia. New York cer- erating in the framework of a totali- off into a discussion of social pro- tainly is not at the $10,000 mark. It tarian society where they are not able motion, of uniforms, of what kind of may be something like $7,000 per child. to utilize their education fully. You reading approach to use, phonics versus Nevertheless, the governance and cannot have open exchange, you cannot whole words, I think that is premature. management of Washington schools have a utilization of really what is Let us focus on what the Federal Gov- have been so terrible until they have known. If it is bottled up by Nean- ernment can do best before we get off all of these problems, despite the fact derthal thinkers at the top of the into those kinds of micromanaged de- they have been spending a little higher structure, you have a command and tails. than most cities. In those cities, Los control society, it does not matter We know they need decent places to Angeles, Chicago, New York, I assure what the truth is. The command and study, to assemble. We know that. So all of you, they also have problems control society and the people at the why not focus instead on tests, rather with their roofs leaking, with their fur- top will issue their own truths and than other problems. naces. It is just not on the radar they blockade the progress of the soci- October 29, Wednesday, Washington screen. ety. A total collapse resulted from the Post reports, Washington school lead- On Tuesday, the 28th in the Washing- fact that you had a highly educated so- ers close minds, close schools. School ton Post, ‘‘Battle over Boilers Leaves ciety able to produce hydrogen bombs, leaders, parent advocates and a Supe- D.C. students Out in the Cold.’’ ‘‘Chil- missiles, able to match us in the area rior Court judge, who together are dren Bussed to Other Sites as Judge of defense hardware to a great degree, keeping the D.C. public school system Keeps Schools Closed.’’ but the system was no good. in turmoil, are becoming public October 27, ‘‘Students at 5 Schools to Democracy first. Nothing works in laughingstocks. be Bussed to Sites.’’ this modern complex era without de- This article starts by blaming the October 26, ‘‘Contest of Wills Contrib- mocracy, the openness and the back courts and parents for trying to do utes to Chaos in D.C. schools.’’ and forth, the churning process of peo- something about the D.C. schools, be- October 26, ‘‘Warm Wishes Not ple who are educated bouncing off each cause they insist the kids ought to go Enough.’’ Warm wishes are not enough, other, the trial and error method that to warm schools; furnaces ought to be as several D.C. public schools are being takes place in a complex society, all fixed. Every day it seems they find new shutdown because of boiler repairs last that is inevitable. You can almost put ways to resemble the children they are week. I found myself thinking about it down now like a law. It is going to supposed to be helping. The con- the Daughters of Dorcas, a special happen and the only way to have it sequences of their behavior are no group of women in Washington who happen productively is to have a maxi- laughing matter, however. make quilts. I just wished they could mum number of people educated so Don’t laugh. Because of their failure sew something for all of those children that what happens is among educated to reach in the court on how schools who are being left out in the cold by people. They will sometimes err tempo- should be maintained, something as or- closed school buildings, as well as for rarily and do strange things, elect in- dinary as opening all buildings in the those shivering students who will be adequate, incompetent leaders, even system simultaneously has gotten be- attending schools that still do not have elect demagogues. Occasionally they yond their reach. That is disgraceful. adequate heat. really go off the deep end but the cor- On it goes discussing the fact that even I think I made the point, I do not rection will be there as long as it is now, after D.C. schools are finally want to go on, but I am highlighting democratic. There was no way to cor- open, 3 weeks late, they are having a what is going on in Washington, DC., rect what was happening in the Soviet big problem. because I want you to know it is not an Union. No way to correct it, because of October 29, same day, article, ‘‘Fire isolated case. This city is not alone in the fact that the closed society did not Marshal Finds Leaks and Closes Eighth facing humongous problems with re- allow the churning back and forth and D.C. School.’’ Garnett-Patterson Mid- spect to their physical facilities. We no matter how much education the dle School students to move to facility ought to understand that and move for- people have, it would not have in Columbia Heights. The D.C. fire ward to deal with it in this Congress. mattered as long as the parameters are marshal closed Garnett-Patterson We are irresponsible by insisting on set from the top. school yesterday afternoon because of expending a great deal of time and en- If you really believe in having maxi- multiple roof leaks, bringing to eight ergy on peripheral, marginal issues. mum education in our democratic soci- the number of schools closed because of Education savings accounts are mar- ety, then the first thing you ought to a judge’s concern about school safety. ginal, peripheral items. Vouchers are put on your agenda is construction of Do you want to have kids in schools marginal peripheral items. They may schools. Not tests. Not tests. Not yet. where the roofs are leaking and fur- have some use somewhere, some time, Testing might make sense 5 years from naces don’t work? I don’t think any of but they certainly do not deserve to be now; a national test might make sense, us want that to happen. So why do we discussed in this state of emergency but not now. Here are some headlines not talk about how we move to fix that we are facing with our schools. October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9851 We must go forward in the 105th Con- trained some of the teachers. Bell At- chalk and books instead of worrying gress next year. I understand we are lantic provided a place to train and the about the Internet? closing out on November 7 or 8 prob- trainers and training sessions for par- My answer to people who approach ably, and it is just as well, if this is the ents. Various other companies supplied me that way is that what if every city way we are going to approach a basic volunteers who came out and helped in the United States had said we are problem like education. We might as providing pieces of equipment. not going to deal, until we fix our side- well close up the place and get out of The process showed that even in an walks, until we repair all of our roads, town. inner-city community, you can have a we are not going to build airports. If I hope we come back with a different response by both the volunteers in the every city in the country said we are attitude in the second year of the 105th community and the private sector not going to deal with airports until all session of Congress. I hope the attitude which can produce great results, if you the sidewalks and all the roads are of the 105th Congress matches the atti- focus on a task and a mission. I was fixed, we would not have modern air- tude of the people out there in the quite impressed with the fact that the ports and modern transportation sys- communities. Our constituents are way volunteer sessions, and the first session tems. It would come to a halt. ahead of us in feeling that there is an I went to, we expected 20 parents to There are still roads and sidewalks education emergency, in feeling that show up. There were 45 or 50 parents out there that are not repaired and in their children deserve the best. Our there. The room was crowded. The peo- constant disrepair, but we go forward, constituents know that their children ple up front conducting the training and our schools have to go forward. Our will not pass this way but once. You do session were white executives and tech- inner-city schools should be no less not go through schooling but once. You nicians who had driven from Long Is- than schools anywhere else, and that is are in elementary school, junior high land through heavy traffic to get to the the way I see it, and a lot of the chil- school, high school, college, only once. session to train the inner-city parents dren see it that way, and it caught on, Your life is going on. Your children and volunteers. It was a coming to- because their parents are also begin- will not have a second chance. gether which nobody planned, but as a ning to see it that way. So for every parent or grandparent, result of focusing on a task which is Here is an effort that was not unique anybody who cares about children, worthwhile, to carry our schools for- to Brooklyn. We wired 11 schools in my there is an emergency. If your child is ward, it happened. congressional district, but there were not getting the very best education Those kinds of positive things are other schools wired in other parts of they can get, there is an emergency. happening at many of the schools New York City on Net Day, and across the country we had schools wired on We ought to feel the same sense of where we conducted the wiring. We Net Day, and there are other schools emergency. heard the complaints that we had to be I was quite gratified at the way par- asbestos-certified, make sure that the across the country being wired at other ents responded when I issued the call asbestos problem is not so great that times. My colleague, the gentlewoman from for volunteers to come out on last Sat- the boring of the holes would be a prob- Michigan [Ms. STABENOW] is involved urday, October 25. Saturday was Net lem. Some schools where we were wir- with the wiring of schools and acquisi- Day. Net Day was a day set aside for ing for the Internet, some of the prin- tion of technology. She is one example the whole country. This was a time to cipals were complaining about the fact of how Members of Congress want this appeal to volunteers to come in and they are worried about the old pipes to go forward. voluntarily wire five classrooms plus that may have led poisoning problems. Again, we would have more credibil- the library. The wiring is to help set up On and on it goes with top floors hav- ity and our effort would have a greater the possibility that the schools’ com- ing indications that the roof is leaking, result if we had a new initiative to puters can be linked to the Internet. So et cetera. guarantee that the school buildings are Nevertheless, I am here to celebrate wiring for the Internet of five class- sound buildings. The wiring is not too the good news, and what I am saying is rooms plus the library is a goal of each old to take the new linkages, the phone the responsiveness of our constituents, set of Net Day volunteers. systems are not too old that we are not the responsiveness of parents for an ex- We wired 11 schools in my district. going to encounter large quantities of ercise like Net Day, demonstrates they We had a real significant response. It asbestos problems, et cetera. was quite inspiring to see how parents are way ahead of us in terms of believ- In keeping with that whole volunteer responded. We were told at first that ing that makes a difference. spirit, I want to announce again that I While inner-city parents in my dis- this wiring is a very simple matter. am supporting, and quite happy to be trict, the poorest—some of these You show up on Saturday and in a day one of the people who are spearheading schools were in our poorest sections, volunteers can wire five classrooms another National Education Funding where they are excited about wiring and a library. Support Day. I am holding a copy of the schools so the kids can have the It is not that simple. I don’t want to our poster for this year. discourage anybody, but you better benefits of being linked to the Internet. National Education Funding Support have some people that know what they Why? Because their kids excite them. Day is November 19 of this year. Re- are doing at each school. You have got When the kids hear about the comput- publicans, Democrats, everybody is in- to have somebody who is an electrician ers and Internet, the students get ex- vited to join us in trying to dem- or telephone repairman, somebody who cited and the parents know it is impor- onstrate to the public at large that we knows how it is done. tant. are going to provide leadership in im- The children want to go into the 21st The parents came out for training. proving our schools in every way. Volunteers were asked to come to a 2- century. There are some people who hour training session sponsored by the said to me why are you concerned, and b 1415 local phone company, Bell Atlantic. I Congressman OWENS, why are you We want to emphasize technology must say that the wiring of schools in wasting your time and energy for tech- this year. We have chosen to emphasize our area was a combination of volun- nology for inner-city schools? Why are technology this year. We chose that be- teers in the community, the principals, you concerned about the fact that in cause this is the prelude to the opening the teachers, the parents, and the pri- January 1998, the FCC has mandated of the universal service fund for vate sector. The private sector was key that the Universal Service Fund go schools and libraries. That is going to to our success. into effect and $2.2 billion will be avail- happen in January 1998. We want There was a group called New York able to public schools and libraries. schools to start getting prepared, and Connects in New York City, which or- What does that have to do with inner- understand that they cannot wait to be ganizes private sector response to com- city schools that are suffering from a in on this. munities that want help for the volun- lack of books? They do not have National Education Funding Support teer wiring of schools. enough books. They do not have Day is sponsored by the National Com- New York connects did a great job in enough chalk sometimes. Teachers mission for African American Edu- providing the kind of help we needed. complain about basic supplies. So why cation. This year’s poster has a basket- Bell Atlantic and Apple Computer do we not focus on basic supplies and ball star, Patrick Ewing, of the New H9852 CONGRESSIONAL RECORD — HOUSE October 31, 1997 York Nicks. Patrick Ewing happens to brochure. If Members are interested, I is an organization called the Hussein be from this area, the star of George- think their phone number and their ad- Institute of Technology, founded by a town University in Washington, who dress is in the brochure. The chairman gentleman who, in private industry, also now is the president of the Na- of the National Commission for Edu- does computer networks. He has found- tional Basketball Association, Patrick cation, for National Funding Support ed a school for free to train people on Ewing. Day, is Dr. Edith Patterson, a former how to use computers, both adults and I hope next year we can get lots of school board president in Charles Coun- youngsters. Mr. Hussein and the Hus- stars, so in local areas we can have dif- ty, MD. The number they give, if Mem- sein Institute of Technology has sort of ferent posters with stars of baseball, bers want to contact them directly, is been the backbone of the effort of football, basketball, women and men, 301–753–4165 and 301–870–3008. Those are NetWatch in the 11th Congressional appealing to youngsters and their par- two numbers. District. ents to look at education as belonging For more information, the brochure Again, we had at the top level the to them. We need changes to go for- talks about some of the activities that New York Connects, a similar organi- ward from the masses. Whatever we do Members can sponsor on National Edu- zation, private entrepreneurs and tech- as leaders needs to be complemented cation Funding Support Day. The Na- nicians and executives in the area of by mobilization in our communities. tional Commission for African-Amer- technology who provided invaluable as- Our communities need to get more in- ican Education is located in Silver sistance in the effort to wire schools on volved. Spring, MD. I do not see the address October 25. The board of education is to We have seen this happen in the area here. Call the number and you will get, be commended because it cut through a of crime. The National Night Out certainly, information. Certainly my lot of the usual problems that you en- Against Crime, for example, is an idea office is able to give more information. counter in a large organization like the that caught on in our communities. It is a way to mobilize the general pub- board of education, and they provided Every community has some activities lic. It is a way to take advantage of the us with the personnel, help, and they on the National Night Out Against fact that there is a good feeling out attended the meetings. They made Crime. The reason crime is going down there about doing something about our things happen. across the country, there are many fac- schools. The board of education, New York tors, but one of the factors is that In the past we have had all kinds of Connects, NetWatch, all came together more ordinary citizens, ordinary peo- activities launched by some Members with the volunteers in our community ple, have understood that they should of Congress. I think the gentlewoman to make things happen in terms of wir- get involved in trying to get rid of from the District of Columbia, [Ms. EL- ing 11 schools on Net Day. crime. Crime-fighting is not a profes- EANOR HOLMES NORTON] conducted lec- There are many schools that have sional activity that ought to be left to tures on that day last year. Last year contacted my office and said, when is it the police and judges and the criminal we decided to launch an effort on Na- my turn? My answer is that we hope to justice system, but every citizen has a tional Education Funding Day called provide a movement. We have started a role, too. NetWatch. NetWatch was designed to process. This core of volunteers in Every citizen has a role in education. wire schools in our area, in our dis- some cases will be able to go to other We are saying that on November 19 trict. schools and volunteer and help them every group should go out and do some- NetWatch proposed at that time to move forward. In all cases we are try- thing in connection with the pro- wire 10 schools in 10 weeks, but because ing to change policy, routines, manage- motion of education, either at day care of the teachers’ processes, because of ment practices in the board of edu- centers, the public school, if you want, all the complications that you run into cation which will accelerate this. at your college, but do something on when you try to wire schools for the There is a technology plan. The November 19 in connection with Na- Internet, it took us until October 25. board of education has a technology tional Education Funding Support National Education Funding Support plan. What we want to do is accelerate Day. We would like to have two things res- Day last year was October 23. We did the implementing of the board of edu- onate. One is opportunities to learn in not get a single school wired until 12 cation’s technology plan so our schools the area of technology, and that is months later, on October 25. are not waiting 10 years from now for The NetWatch activities that were what this message is. It is Patrick the technology that many suburban launched on National Education Fund- Ewing standing in front of a computer schools enjoy today in great abun- ing Support Day resulted in our Net with some schoolkids. We want to em- dance. Day wiring of 11 schools in central phasize that we are on the edge of a In summary, what I am saying is great jump start in technology for Brooklyn, my 11th Congressional Dis- that testing, for all of those who think schools. That is going to be provided by trict. But we are now in a position, we that testing is important, testing may the FCC mandate for a universal fund have a group of people we are forming be important 4 or 5 years from now. for libraries and schools, so technology called NetWatch Fellows. All those vol- Let us put it on the back burner and is important. unteers who came out and supported deal with it then. Vouchers may have The other thing we want to resonate us, parents and local residents, we are some merit, but they are only a tiny is that construction is important. asking them to stay with us and form pebble when it comes to dealing with Technology, the training of teachers, a group called NetWatch Fellows, so we the problem of improvement of edu- charter schools, nothing that we do is can move the process from the wiring cation in America. going to succeed unless we have build- of the school for the Internet right It may be that vouchers should be ings and facilities that are adequate for through the process of getting more left to private industry. New York City schools across the country. Every computers, of getting all the connec- has a model. The mayor of New York State has a problem that would be tions they need, of getting software, of got scholarships for 1,000 youngsters, helped if the Federal Government were getting program materials, and of help- vouchers for 1,000 youngsters, by rais- to take the initiative. ing teachers get the training, so that ing money in the private sector. Pri- Let us stop our waste of time on the final result of our efforts are not in vate industry, private people, donated vouchers, on testing, on education sav- vain, the final results are that in the money, so they have 1,000 youngsters ings accounts. Let us put them on the classroom the curriculum is effective who have vouchers to go to nonpublic back burner, and when we open the sec- and youngsters will find a more excit- schools. ond year of the 105th Congress, let us ing way to get knowledge, to be in- That is 1,000 youngsters out of 1.1 look forward to focusing on funding for spired, and to learn whatever they have million. We have 1.1 million students in education which provides more tech- to learn. That is our goal. Our New York City schools. I am happy for nology in our schools and also provides NetWatch Fellows will carry us to that the 1,000 if it leads to success, and I see for adequate physical facilities for all process. no reason why private industry cannot of our schools. We had 11 schools in the 11th Con- supply the money. Many of them will The National Commission for Afri- gressional District, and we had great be going to parochial schools. Many of can-American Education has a little cooperation from the principals. There them will be learning religion as well October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9853 as other things. That is all right with them before we close out the year. A America except when the life of the private money. Their parents took the lot of us here are hoping next week is mother is at stake. The Senate passed private voucher money, they decided to the last week we are out here. the same bill. It was sent to the Presi- send them, and that is quite all right. There have been a lot of accomplish- dent and it was vetoed. Parents have that right. We do not get ments. I am going to spend some time Mr. Speaker, I think it is very impor- into a debate about church and school. talking about those accomplishments, tant that we understand what a par- I would say to those who want to and how far we have come, and I am tial-birth abortion is, and I think this push vouchers, why not let the private going to conclude with a little discus- practice, hopefully, can be eliminated sector raise the money for the vouchers sion about where we might go to, and in the next session in 1998. But if not, and demonstrate the utility of vouch- what our hopes and dreams are as we the people that are preventing it from ers in solving problems, if that is the move. being eliminated should simply be re- case. If we are going to launch a vouch- There are a couple of issues pending. placed in the upcoming election cycle. er program to demonstrate that it can I am going to start with one that is In a partial-birth abortion, a doctor help solve the problem, then let us use current and that we may also have literally reaches into the womb of a private sector initiatives and private some discussions on in the next week. pregnant woman, grabs the ankle of sector money for vouchers. That is national tests. We are hearing the baby, and literally pulls the arms Let us return to charter schools as a lot about this idea that Washington and legs of that baby out of the womb. another clear way to offer an alter- somehow is prepared to develop this At the last second, just before the native to traditional public school edu- national test to test our students to baby’s head is delivered, the doctor cation. Charter schools can offer com- see whether or not they get the edu- sticks a scissors in the back of the petition. Charter schools can develop cation that Washington thinks they head and kills the baby. innovations that might be replicated in should get. It is interesting when I talk about the public schools. Charter schools can I want to bring this up to discuss a this, people have a tendency to tune offer a great deal. little bit, because as a former teacher I out. It is like they do not want to talk In New York City, we have some- was actively involved in developing about that. We cannot even discuss thing else called the alternative public tests, but it was not a national test, it that in America. And they are right; schools. Alternative public schools fall was a local test. When I was teaching we should not be discussing this in in between charter schools and tradi- math, I used to go to some of the folks America. tional schools. Alternative public in town. They would say some of my How can any citizen of our great Na- schools are basically run and con- kids did not know, and I call them my tion possibly justify a nearly born baby trolled by the central board of edu- kids because we really got pretty close having a scissors stuck in the back of cation, but they allow a great deal of in our classroom, some of my kids did its head and being killed? This is some- leeway and latitude in the local group not know what they expected them to thing that is so outrageous. What that wants to operate that alternative know on math, how to balance a check- amazes me most about this discussion school. That is another possibility. book, count change, some of the ele- is not that it is very difficult to dis- Of course, as I said before, we cannot mentary things. I said, yes, they do. cuss, because it is very difficult for me let up on the process of hammering They graduated from my math class, so to discuss, but what is amazing is that away at the big school systems in our therefore my kids know this stuff. when I do discuss it, people call me big cities. They are going to be the sys- People uptown said, no, they don’t. radical. They call me radical because I tem that provides most of the edu- We took a survey of the people uptown, do not think that when a baby’s arms cation for inner-city children for a long and we found out what it was that our and legs are literally delivered and time to come. We cannot let them off people in Milton, WI, thought our Mil- moving that it makes sense in our the hook with governance, manage- ton High School graduates should great Nation to stick a scissors in the ment. know, and then we developed a test to back of that baby’s head and kill the The scandal in Washington, DC, that see whether or not our Milton High baby. It is outrageous. a command and control system, a cen- School students knew what the people The status of this bill, it was sent to tralized system, has allowed to happen uptown expected them to know when the President after passing both the should not be allowed to happen again. they graduated from high school. House and the Senate. I am happy to We should keep a vigilant watch on all Is this not how it should be done, the say that the Wisconsin delegation from of our school systems, but most of all, local community, the parents, teach- the House of Representatives, that all the Federal Government should send a ers, school board, working together to of our delegates, Republican and Demo- message across America that where it decide what it is that the students in crats, pro-choice and pro-life, all of the hurts most, or where we can be most Milton, WI, should know, or in the people from the great State of Wiscon- helpful, in the area of school construc- local communities should know? tion in 1998, we are going to come to- sin voted to end this practice in the b 1430 gether and make that the backbone of House of Representatives. the effort to improve education in That is how the test should be devel- The bill was sent to the President. America, the Federal aid effort to im- oped. The concept of Washington, DC, The bill was vetoed, and we would ex- prove education in America. Construc- deciding what the students in Milton, pect in 1998 that bill will be brought tion comes first. WI, should know, instead of the parents back to the House of Representatives f and the teachers in the community, is and in the House of Representatives we just the wrong concept. That is one of will override the President’s veto, be- UPCOMING TOPICS OF CONCERN the issues we still have pending before cause this practice is so outrageous FOR THE U.S. HOUSE OF REP- us out here during this session, and it and so wrong in this great Nation. RESENTATIVES may be dealt with before we adjourn I hear when I talk about this to our The SPEAKER pro tempore (Mr. for the year, but possibly will be put constituents, ‘‘Mark, you have no busi- COOKSEY). Under the Speaker’s an- off until next year. ness talking about it. That is not gov- nounced policy of January 7, 1997, the There is another one that we have ernment’s role to talk about this sort gentleman from Wisconsin [Mr. NEU- had a vote on and it is actually one of of thing. It should be up to the doctor MANN] is recognized for 30 minutes as the most difficult discussions that we and it should be up to the mother.’’ Mr. the designee of the majority leader. have to have, and I cannot believe that Speaker, I will tell my colleagues that Mr. NEUMANN. Mr. Speaker, we are we have discussions on this topic in when I took my oath of office, I swore nearing the end of our session. I rise America, and that is on partial-birth to uphold the Constitution of the Unit- today to talk about a couple of topics abortion. ed States of America. The Constitution that are still pending out here, and One of the things that happened in of our great land guarantees life, lib- that will be dealt with in the upcoming 1997 is that the House of Representa- erty and the pursuit of happiness. It session next year. I thought we ought tives passed a bill that said there will does not guarantee life, liberty, and to kind of summarize a little bit about be no more partial-birth abortions in the pursuit of happiness to all those H9854 CONGRESSIONAL RECORD — HOUSE October 31, 1997 who vote, but it guarantees life, lib- out of the general fund. As a matter of should not downplay that, the budget erty, and the pursuit of happiness to fact, they overdraw the general fund. has not been balanced, even by Wash- all American citizens. That is called the deficit. ington definition, since 1969. That is a Mr. Speaker, it seems to me that They take the $65 billion extra they monumental accomplishment, and it when a child reaches the point when its collected, put it in the general fund, appears that we are going to get that arms and legs are literally moving spend all the money out of the general done in 1998, 4 years ahead of schedule. around, that that child is guaranteed fund. As a matter of fact, they over- But even when we get that done, they protection under our Constitution just draw that checkbook so there is no are still using the Social Security trust like any other American citizen and, money left and at the end of the year fund money to make it look balanced. doggone it, it is time we talk about they simply put an IOU, an accounting Here is another way of looking at this and keep talking about it until the entry, down here in the Social Security that same picture. When Washington problem itself disappears because we trust fund. reports the deficit to the American have outlawed the practice of partial- So the fact of the matter is that this people, they actually report this blue birth or live-birth abortion in America. extra money that is being collected area. So in 1996, when they reported a Mr. Speaker, I am optimistic that in that is supposed to preserve and pro- deficit of $107 billion, what Washington 1998 we will see at least the House of tect Social Security is not being put actually meant is the checkbook was Representatives overturn the Presi- away the way it is supposed to be. In overdrawn by $107 billion, but in addi- dent’s veto of a ban on partial-birth fact, all that is in there is in nonnego- tion to that, they spent the $65 billion abortions, and I would hope that the tiable Treasury bonds, generally re- that came in extra for Social Security. Senators that have voted against it ferred to as IOU’s. So when Washington says it is going and have not provided the necessary Mr. Speaker, this practice is wrong. to balance the budget, it is very impor- votes will see the light and will come We in our office introduced legislation, tant people understand what they real- around to vote to override the Presi- and forgive me if this does not seem ly mean is this blue area is going to go dent’s veto in 1998. And, hopefully, in like Einstein legislation; it is not. It away, but they are still going to be 1998, for once and for all, we can ban simply says that the money that comes spending the Social Security trust fund partial-birth abortions or live-birth in for Social Security goes directly money. It is very, very important that abortions in the United States of into the Social Security trust fund. It we do not downplay the accomplish- America. does not go into the general fund. It ments, because getting to a balanced There are some other topics that goes directly into the Social Security budget is important. And it is obvious have been pushed to the back burner, fund. that we have to get to a balanced budg- and I would like to start with one that What does that mean? It means that et before we can stop spending Social directly affects our senior citizens, it $65 billion that they collected more Security money. But it is also impor- affects them dramatically, and that is than what they paid back out to our tant that we understand that once we Social Security. I think it is important senior citizens in benefits would actu- reach a balanced budget, our job is not as we begin this Social Security discus- ally go into that savings account the done. sion to understand exactly what is hap- way it is supposed to be. Let me sug- Mr. Speaker, we have no business pening. gest the way it happens if this bill is spending the Social Security trust fund Mr. Speaker, in 1983 when the Social passed. It is a pending bill. We have 100 money and anybody who supports Security trust fund was near bank- cosponsors, Democrats and Repub- spending that money on other Wash- ruptcy they, quote, ‘‘fixed’’ the Social licans have cosponsored this bill. ington programs instead of setting it Security system. What they did is Mr. Speaker, if this bill is passed, So- aside ought to be unelected in the next started collecting more money out of cial Security is solvent all the way to election. It is that simple and straight- the paychecks of working families and at least the year 2029 and maybe sig- forward. workers all across America. They col- nificantly beyond that. If this bill is Having said that, I think it is impor- lected more money than what they not passed and we continue to spend tant that we look at some other solu- paid back out to the senior citizens in the Social Security money that is com- tions to these problems, look at how benefits. In 1996 alone, they collected ing in, rather than put it aside the way far we have come. It is clear we still $418 billion in taxes out of the pay- it is supposed to be set aside, then So- have a long way to go, but we have checks of workers across America and cial Security is in trouble not later made significant accomplishments dur- they only spent $353 billion. They only than the year 2012. So let me say that ing this year. send out $353 billion to our seniors in once more. If the Social Security Pres- In order to understand how far we checks. ervation Act is passed, Social Security have come, I think it is important to To most folks, this would seem like is solvent for our senior citizens for the note where we started back in 1995. it is working pretty good. They col- foreseeable future. If it is not passed When I left the private sector to run lected $418 billion and only sent out and we continue the practice of taking for office it was because I had looked at $353 billion. The idea is this: By col- the $65 billion, putting it in the general this chart and I had watched this debt lecting that extra $65 billion, they fund and spending it, if that practice that faces the United States of Amer- would put it into a savings account and continues, Social Security is in serious ica and I had just watched it grow. when the baby boom generation gets to trouble not later than the year 2012. That Social Security money, those retirement and there is too much So when we look at issues that need IOU’s, they are part of that growing money going out and not enough com- to be addressed in 1998 and 1999, this is debt facing this Nation. As a matter of ing in, we will go to the savings ac- certainly one of the key issues. It is fact, as we look at this chart, we can count and get the money and make important that folks understand Wash- see from 1960 to 1980, the debt grew a good on the checks. The idea is if we ington’s definition of a balanced budget very small amount. But from 1984 it collect $418 billion in 1996 and we only and what a balanced budget means as grew off the map. spend $353 billion, that will leave $65 it relates to Social Security. By the way, Mr. Speaker, I know all billion to put into the savings account Remember, the Social Security trust the Democrats say, ‘‘Yeah, that’s the to make sure that Social Security is fund collected $65 billion and put it in year that Ronald Reagan got elected,’’ safe for our senior citizens. their checkbook. So when Washington and the Republicans are going to say, Well, unfortunately, that is not what says their checkbook is balanced, what ‘‘Yeah, the Democrats spent out of con- is going on in Washington. This comes they actually mean is they took this trol.’’ The fact of the matter is it does as no big surprise to anybody who fol- $65 billion, put it in the checkbook, not matter if we are a Democrat or a lows Washington closely. Here is what spent all the money out of the check- Republican. The bottom line is that Washington does with the Social Secu- book, but the checkbook was not over- our Nation is this far in debt and we rity money. They collect all $418 bil- drawn and that is a balanced check- better do something about it. lion and then they put it in the big book. Mr. Speaker, this is what we came Government checkbook, the general So my colleagues can see, even after into office facing in 1995. This is the fund. They then spend all the money we reach a balanced budget, and we problem that brought many of us out October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9855 of the private sector, myself included, the budget by 1993. The red line shows the first balanced budget in fiscal year having never held a public office be- what actually happened, because every 1998. The first time since 1969, we are fore. It is this picture that brought us time Washington set about controlling going to see a balanced Federal budget out of the private sector and it is an Washington spending to balance the 4 years ahead of promise. This is sig- understanding that this problem need- budget, they broke their promises to nificant. ed to be solved if we have hope that we the American people. I could put any At the same time we balanced the are going to have a future for our chil- one of a number up here, but they all budget we lowered taxes for the first dren in this great Nation that we live look the same. time in 16 years and, if time permits in. There is a blue line that shows how later on, I would like to go through How far in debt are we? Well, it is they were going to balance the budget, some of those. They are heavily ori- $5.3 trillion as of today; $5.3 trillion and then there is a red line on top that ented toward education and toward translates into $20,000 for every man, shows how they failed to do what they families: $400 per child; grandparents woman, and child in the United States said they were going to do for the can start putting $500 per child away in of America. If we take that $5.3 trillion American people. So we got out here to an education savings account; college and divide by the number of people in 1993, after failing in 1985 and 1987 and students, $1,500 freshman and sopho- the country, it is 20,000 bucks for every 1990 and again in 1993. We get out here more year tax credit; that is, you fig- man, woman and child in America to 1993, and we are looking at this ure out your taxes and subtract $1,500 today. That is how much money our problem and Washington decided that off the bottom line; juniors and seniors Government has borrowed. there was only one thing left to do. in college continuing education; young For a family of five like mine, which b 1445 couples where one has gone back to is where the problem comes in, for a school, it is 20 percent of the college We cannot control Washington spend- family of five, the U.S. Government tuition credit; capital gains lowered ing. There are too many important has literally borrowed $100,000, most of from 28 percent to 20; for those that things that Washington wants to spend it over the last 20 years. The kicker to were in the 15-percent bracket earning money on. So what we are going to do this whole thing is down here. A lot of less than 40,000 a year, lowered from 15 is take more money away from the my constituents go, ‘‘So what? Does it down to 10; no more tax when you sell working people, get it out here to really matter or doesn’t it?’’ Well, yes, your personal residence if you have Washington so Washington can decide Mr. Speaker, it matters. It matters be- lived there for 2 years. The list goes on how to spend that money because, after cause every month a family of five like and on. mine needs to send $580 a month, every all, Washington knows best how to spend the people’s money. Encouragement for savings for retire- month, to Washington to do nothing ment even if you are in a 401(k). You but pay the interest on the Federal So in 1993, they passed the biggest tax increase in history. The idea was if can now join a Roth IRA and put $2,000 debt, $580 a month for an average fam- a year away. When you take the money ily of five to do nothing but pay the in- we got more money out of the pockets of the people that somehow that would out at retirement, you pay no taxes on terest on the Federal debt. the accumulated money. Then my constituents go, ‘‘Well, that lead us to a balanced budget. That is The bottom line is, this picture is is not me. I don’t make that much what led to the revolt in this great Na- very important. It is very, very dif- money, so I’m not sending $580 a month tion. That is what led to the turnover ferent than this picture where the to Washington.’’ But, Mr. Speaker, of Congress in 1994. The people said, promises were made, but they were not they forget to take into account that if enough of this stuff. We have had it kept. Promises were made and they are we do something as simple as walk in a with the broken promises. We have had being kept. We are not only on track to store and buy a loaf of bread, the store it with raising our taxes. That is not getting to a balanced budget, but we owner makes a small profit on that what we want. We do not want Wash- are significantly ahead of schedule. I loaf of bread. And when the store ington deciding how to spend our show charts like these out at town hall owner makes a profit on that bread, money. We want Washington to let us meetings. The people say, MARK, the part of that profit gets sent to Wash- keep our own money so that we can economy is so good, you guys are tak- ington. When we add up all the taxes make decisions on how to spend it be- ing credit for that good economy. If the on groceries or gasoline or whatever, cause we know best how to spend our economy were not that good, of course, an average family of five is, in fact, own money. you would not be doing these things. spending $580 a month to do nothing This picture is what led to the turn- Partly that is true. The economy is but pay interest on that Federal debt. over in 1994. It was the fact that they Mr. Speaker, I think it is important could not get to a balanced budget, doing very well. That is part of why we talk about how we got to that num- coupled with the tax increase that led this picture is true. But the reality is, ber. What in the world went on in this to the 1994 revolt, if you like, amongst we have had good economies between country that we ran up a debt that the the American people that sent a 1969 and today many times. people here in Washington decided it change in control of Congress. We are Every time the economy has been was appropriate to spend $100,000 on be- now 3 years into this thing. This is good in the past, Washington saw that half of my family of five and every kind of the background. extra revenue coming in and they spent other group of five like it across Amer- We laid out a plan to balance the it. This Congress is different. The econ- ica? What is going on out there? Did budget. We said we wanted to reduce omy is good, but instead of spending they try to solve it? What led us to this taxes. We made a bunch of promises the extra revenue, we are getting to a point? when we got here in 1995, too. I think balanced budget ahead of schedule. Mr. Speaker, I think this chart says the American people ought to be ask- I think this perhaps is the most sig- a lot about it. And I could show any ing, what has happened in the last 3 nificant picture that I can possibly one of a number. I have got the years? How are you doing? Are you any show in terms of describing how dif- Gramm-Rudman-Hollings bill of 1987, different than the group that was there ferent Washington is. The economy has but there was a Gramm-Rudman-Hol- before you? been strong. There has been over $100 lings bill of 1995 and another one in I brought a chart to show our prom- billion a year in revenue coming in 1987. There was a 1990 deal, a 1993 deal, ises. In 1995, when we got here, we laid above expectations. In the face of that, but they all had the same basic ele- out a plan to balance the budget, too. this Congress looked at spending. It ments to them. They all said, yes, we We were realistic and we said, we will was growing at 5.2 percent before we had not ought to be spending our chil- get there by the year 2002. We are now got here. dren’s money. We are going to balance 3 years into that plan to balance the This column shows how fast Wash- the budget in five years out or what- Federal budget, but notice where the ington spending was increasing before ever, but they all said we are going to red line is. For the first time the red we got here in 1995. We, in the face of balance the budget. line is not out of whack. We have not that strong economy and extra revenue As a matter of fact, this blue line only hit our targets, but we are signifi- coming in, we slowed the growth rate shows how they were going do balance cantly ahead of schedule. We will have of Washington spending by 40 percent H9856 CONGRESSIONAL RECORD — HOUSE October 31, 1997 in 2 years. The growth rate of Washing- were actually going to be able to bal- cial Security trust fund and Social Se- ton spending now is down to 3.2 per- ance the budget by 2002. And the blue curity once again becomes solvent for cent. Would I like it to be lower? Yes. line shows what is actually happening, our senior citizens. The tax cuts, I But the reality is, we have slowed the how far ahead of schedule we are. We think it is important we realize an- growth of Washington spending by 40 are winning a monumental battle for other piece of legislation that is being percent in 2 years in the face of a very the future of this great Nation. We are introduced, part of my dream for the strong economy. winning a battle that is going to allow future of this country, that we abolish I challenge anyone, any of my col- our children to have hope in this great the IRS Tax Code as we know it today. leagues anywhere in America to find a Nation that we live in. The legislation has been introduced Congress before us that had an extra This is not the end. Again, I think it to abolish the IRS Tax Code as we $100 billion above expected revenue is very important that we understand know it today in the year 2001 so that coming in and have that, find a Con- that when we reach a balanced budget, we can replace it with a simpler, fairer, gress that spent less money than they we still have problems in this great Na- easier-to-understand Tax Code. said they were going to spend and tion. We still have a $5.3 trillion debt How does that relate to the National slowed the growth rate of Washington staring us in the face. We still have the Debt Repayment Act? As we are pro- spending in the face of that strong Social Security trust fund money being viding tax cuts each year, it gives us economy. It has not happened in our spent on other Washington programs. the opportunity to facilitate that move history. This is new. It is different. It The battle is not over when we reach a to a simpler, fairer tax system. So is the reason that we are able to both balanced budget. think about this for our dream and our balance the budget and lower taxes at I have with me a chart showing what vision for the future of America. First, the same time. we suggest that we do next. This is we do not do what they did in the past In fact, in real dollars, Washington really the future. We bring us to a bal- anymore. No more broken promises of was growing at 1.8 percent annually be- anced budget. We start the process of a balanced budget. No more tax in- fore we got here. It is now growing at lowering taxes. We restore Medicare creases. We continue on the path that .6 percent. The real growth has been for our senior citizens. we are currently on. slowed by two-thirds. Do we still have This is next. It is called the National We reach our balanced budget, first a ways to go? Should we slow that to Debt Repayment Act. What it says is time since 1969. We lower taxes for the zero? We do not need a bigger Washing- this. Once we reach a balanced budget, first time in 16 years, and we restore ton. Washington could do less. Sure, we we slow the growth rate of Washington Medicare for our senior citizens. That would like to go further, but I do not spending. We cap it at a rate at least 1 is the present. think we should look past the fact that percent slower than the rate of revenue Here is our dream for the future. Our in 2 short years we have slowed the growth. This picture shows what will dream for the future is that we put our real growth of Washington spending by happen if we do that. Nation on a debt repayment plan much two-thirds in 2 short years. This is the point we reach balance. like a home mortgage repayment plan. This is what has led to this point The red line shows spending growth in As we are on that plan to pay off the where we have our first balanced budg- Washington and I would like to see it Federal debt, as we are on that plan, et since 1969 and we have a tax cut slower. That is just for the record. But we put the money back into the Social package at the same time. Are we fin- it shows that if spending is going up at Security trust fund that has been ished? Absolutely not. When we started a rate 1 percent slower than the blue taken out so our seniors can rest as- this discussion today about Social Se- line, the rate of revenue growth, if sured that Social Security is safe and curity and how when we talk about a spending is just controlled, that it goes secure. We lower taxes each and every balanced budget that Social Security up 1 little percent slower than the rate year by utilizing one-third of that sur- money is still being spent, we have a of revenue growth, it creates this area plus for additional tax cuts. We replace long ways to go. in between here called the surplus. the IRS Tax Code with a system that is We need to pass the Social Security With the surplus under this bill we do easier, simpler, much fairer, something Preservation Act, which is the act that two things. We take one-third of that the American people can understand. stops Washington from spending that surplus and dedicate it to additional And the most important part of this money. We are not going to quit here. tax cuts, and we take two-thirds and dream, the most important part of this We are not going to quit with this. The put our great Nation on a home mort- vision for the future of our country is other thing that we hear out at our gage type repayment plan. The two- that we, in our generation, can leave town hall meetings is, this would have thirds of this surplus literally starts our children a legacy of a debt-free Na- happened even if you guys were not making payments on the Federal debt, tion, a legacy where they can once there. No matter what you did, this much like you would make payments again look forward to having the op- would have happened. on a home loan. portunity to live a life that is as good I brought a chart with me to show ex- As a matter of fact, if this plan is fol- or better than ours, the opportunity to actly what would have happened if we lowed, by the year 2026, the entire Fed- have a job right here at home in Amer- had played golf and basketball and ten- eral debt would be repaid and the leg- ica. nis instead of doing our job. Almost no acy we would leave our children would That is what this dream is about. It one in America can forget the first be a debt-free Nation instead of a Na- is about balancing the budget, paying year that we were in office, 1995. There tion so overburdened with debt that off the Federal debt, restoring the So- were all sorts of things going on. It was they have to look forward to sending cial Security trust fund for our senior just short of bullets out here. There $580 a month to Washington when they citizens, lowering taxes and, most im- was misinformation on Medicare at- have their families. portant of all, providing the children of tacks. There were school lunch attacks The opportunity here to pay off the this Nation and our grandchildren with that were full of misinformation. There Federal debt is so great and so monu- a debt-free country so they can have, was just short of a war in this country. mental that we need to move rapidly in once again, the hope and the dream of Government shutdowns, you name it. this direction. As we reach the bal- living here in this great Nation and The reason those things were going anced budget, this needs to be the next having the opportunity of a better life, on is because if we had done nothing, step that we put the Nation on, a debt much as we have had during our gen- this red line shows where the deficit repayment plan. eration. was going. It was headed to $350 billion One other thing, as we repay the Fed- if nothing was done. Remember, that is eral debt, the money that has been f instead of balancing the budget, even taken out of the Social Security trust with the Social Security money on top fund that I spent time talking about, INTRODUCTION OF H.R. 2786 of this, it was going to be a $350 billion that money that has been taken out of The SPEAKER pro tempore (Mr. deficit. The yellow line shows how far the Social Security trust fund, those COOKSEY). Under the Speaker’s an- we got in our first year. The green line IOU’s, as we are paying off the Federal nounced policy of January 7, 1997, the shows our hopes and dreams, that we debt, that money is returned to the So- gentleman from Pennsylvania [Mr. October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9857

WELDON] is recognized for 30 minutes Russian space agency and several Rus- in the media in a widespread way and as the designee of the majority leader. sian constitutes and scientists had, in which I am going to refer to. I am not Mr. WELDON of Pennsylvania. Mr. fact, been working cooperatively with referring to any classified briefings. I Speaker, I take out this final special Iranian scientists and technologies to am only referring to what is being re- order today before we adjourn for the give Iran a missile technology that ported in the media. weekend to call attention to a piece of they can now deploy anywhere beyond The intelligence community, as re- legislation that I introduced today 12 months from this date. Which means ported by the media now, shows that along with 104 of our colleagues. H.R. that even though the intelligence com- within 12 months Iran will have a sys- 2786, known as Impact ’97, is the Ira- munity was telling Members of Con- tem that will initially have a capabil- nian Missile Protection Act of 1997, a gress that we did not expect to see a ity of approximately 800 miles and very important piece of legislation not threat emerge for 4 or 5 or perhaps 10 eventually will have a capacity to go just for the security of Americans, but or 15 years, Israel was able to examine as far as 1,200 miles around Iran in for the security of our American allies, through their intelligence community terms of hitting its target. When we for the security of Israel, for the secu- actually they have copies of contracts look at these areas that are colored in rity of 25,000, at least 25,000 of our that were signed between key Iranian blue and green, we get a sense of the troops who are currently serving agencies and key Russian agencies that potential impact of these medium- around Iran in various theaters includ- now have indicated to us that Iran can range missiles, which we expect Iran ing the Balkans. deploy a system within 1 year. will have as early as 1 year from this Mr. Speaker, this bill is strongly bi- Now let us look at what that means date. partisan. In fact, it has 85 Republicans in terms of the region, Mr. Speaker. That means, Mr. Speaker, that parts and 20 Democrats. Out of the Commit- Iran is the red area in the center of of Europe now become threatened by tee on National Security’s member- this map, which covers all of Europe Iran. That means now that at least ship, the bill has 29 Republicans who and most of Asia and part of Africa. 25,000 of our troops who are stationed have cosponsored it and 15 Democrats. Iran currently does not now have a in this area now become potential tar- The cosponsors include the chairman of missile system except for the type that gets of Iranian missiles. That now the Committee on National Security, was used in Desert Storm, the SCUD means that all of our allies in this re- chairman of the Committee on Inter- missile system. This technology is con- gion in the Middle East and beyond national Relations, chairman of the Se- sidered primitive at best, even though now can become threatened by Iranian lect Committee on Intelligence. It in- it was the cause of the largest loss of medium-range missiles. cludes members of the leadership. It in- life in Desert Storm when that Iraqi Why is this so significant, Mr. Speak- cludes key Democrats who are critical SCUD went into that barracks where er? Because having Iran have this kind on defense issues, like the ranking young Americans were sleeping, killing of capability could potentially upset Democrat of the Committee on Appro- a number of our young military person- the balance of power in the Middle priations, Subcommittee on National nel. That is the sophistication that East. If Kuwait and Saudi Arabia and Security, the gentleman from Penn- Iraq and Iran have had up until now in the other Arab nations who are not our sylvania [Mr. MURTHA] and the gen- terms of missile technology. And even friends think that Iran has a capability tleman from Washington [Mr. DICKS]. though it is rather crude and does not that we cannot shoot down, that could These Members share the same con- have sophisticated guidance systems upset the balance. cerns as I and that is that we have a built into it, it still kills people. Now, how sophisticated are these threat that is emerging that could The largest loss of life involving missiles that Iran is going to be devel- cause serious problems not just for our American troops was caused by a SCUD oping? Well, the Russian SS–4 system, troops, but for our allies and friends missile coming into those barracks be- which is the technology being trans- approximately 12 months from now. cause we did not have technology to ferred to Iran and has been under What is that threat, Mr. Speaker? shoot that missile down during Desert transfer for the past several years, is a Why do we need this legislation? Why Storm when our backs were against the very capable medium-range missile. must it be put on a fast track? Mr. wall. And when the Israeli people were Now the question becomes, is it accu- Speaker, we have been told by this ad- very fearful of the threats and the mis- rate? Can it hit the spot where it is in- ministration repeatedly that in the in- siles that were being lobbed into their tended to go? The point is, it really telligence briefings that have been pro- country, we deployed a variation of the does not matter. If you are shooting off vided to us in the Congress we have no Patriot system. The Patriot system missiles, it does not matter if you hit reason to worry about the proliferation was not designed to take out the mis- this part of the city or that part of the of weapons of mass destruction, espe- siles. In fact, it was designed to shoot city, you are still going to kill people. cially those involving medium and down aircraft. But because we had no But let us look at whether or not the long-range missiles. system to put into place, we had to use Iranians also have sophistication in The intelligence community, just a a varying of the Patriot, put systems terms of guidance. year ago, issued an upgraded intel- in Israel and into countries like Ku- Mr. Speaker, in front of the Amer- ligence estimate that basically told wait and Saudi Arabia to try to give us ican people today I hold up two de- Members of Congress and the public some limited protection against the vices. These were manufactured in Rus- that we have no reason to fear a threat SCUD missiles that Iraq would launch. sia. These were not manufactured in for our safety for at least 15 years. We put those systems in place, Mr. the United States. This is a gyroscope, That intelligence estimate which we Speaker. But as the record shows, the Mr. Speaker. And this is an acceler- soundly criticized a year ago has now Patriot systems were only partially ef- ometer. These two devices, which look been recognized to have had political fective. In fact, some estimations show to be brand new, were taken off of an overtones placed upon it. We were also that the Patriot was only 40 or 50 per- SS-N–18, which is a very capable mis- told, Mr. Speaker, that we would have cent effective in taking out SCUD mis- sile, medium- to long-range missile, no regional threats to the security of siles. So many of those SCUD’s got that Russia has thousands of that had our troops in the foreseeable future and through. been aimed for years at American that we would, in fact, be able to put But we are not talking about the cities and carried on board their sub- into place systems that would be able SCUD missile now, Mr. Speaker. We marines. to respond to those threats that we saw are talking about a system that Iran Where did I get these two devices emerging in the near term. has developed or is developing with the with the Russian markings on them in- cooperation from Russia. Russia has dicating where they were built and b 1500 very sophisticated missile systems: what missile they were taken from? All of that changed, Mr. Speaker, long-range, medium-range systems Mr. Speaker, these devices were inter- this past summer. It changed because with very capable guidance mecha- cepted by intelligence officials from Is- the Israeli intelligence community was nisms built in. The intelligence data rael and Jordan as they were being able to gain information that docu- that we now have, which has been de- transferred from Russia to Iraq. These mented that factions in Russia, the classified because it is being reported devices were intercepted 2 years ago. H9858 CONGRESSIONAL RECORD — HOUSE October 31, 1997 I was there January the month after to be transferred that we, in fact, have riod of time, beginning sometime in the Washington Post ran the story physically in the hands of people who late 1998, where Iran will be capable of about the transfer of these guidance are our allies and friends. deploying a system that we will not be systems. Because together they are the The point is, Mr. Speaker, if Iraq was able to take out if in fact they should guidance system for missiles. They able to get these kinds of very sophisti- use that system. make missiles extremely accurate so cated guidance devices, we can bet our Now, let us remember back to the they can pinpoint the most populated bottom dollar Iran has the same capa- largest loss of life in Desert Storm. It areas of cities and can do the most de- bility. Because, unlike Iraq, we have was that SCUD missile that Saddam struction when they are launched. evidence that Russia and Iran have used against our troops in Saudi Ara- When I was in Moscow, I met with our been cooperating on this new medium- bia, the largest loss of life in Desert Ambassador, Ambassador Pickering. I range missile that they are going to de- Storm. Iran has threatened to use both said to him a month after the Washing- ploy 12 to 18 months from now. offensive chemical and biological weap- ton Post story ran, ‘‘Mr. Ambassador, So that means, Mr. Speaker, that ons, as well as nuclear weapons on both what was the response of Russia when these missiles which will now be able Israel and on America. One year from you asked them about the to hit any city in any part of Israel, now, under a current estimate that has accelerometers and the gyroscopes?’’ which now will be able to take out any been established in terms of Iran’s pro- He said, ‘‘Congressman WELDON, I have of the installations where our 25,000 gram, they could have a medium-range not asked them yet.’’ I said, ‘‘Why? troops are stationed that any of our al- missile that could hit Israel, any of our This happened 6 months ago.’’ He said, lies in this region are currently lo- troops in that theater, or our allies. ‘‘That has to come from Washington.’’ cated, that this missile will be able to The problem, Mr. Speaker, is that it I came back to Washington, Mr. cause severe destruction. could well contain either a biological Speaker. And at the end of January, I The problem, Mr. Speaker, is a sim- or a chemical weapon and quite pos- wrote President Clinton and I said, ple one. We will not have a system in sibly, and we have not yet determined ‘‘Mr. President, why have you not per- place to take out this missile. I repeat, this, quite possibly a nuclear weapon. sonally asked the Russians about the Mr. Speaker. As the chairman of the Mr. Speaker, this administration has transfer of these devices? Because that House National Security Research not done enough. What our bill does is is illegal. It is a violation of an arms Committee, which oversees all the it says that this is a priority that this control agreement, an agreement funding for defensive systems to pro- country has to address today, not 12 called the Missile Technology Control tect against this threat, we will have months from now, not 16 months from Regime.’’ The President wrote back to no system to take out these missiles, now, but today. If we are going to be me in April, Mr. Speaker. And guess not 12 months from now and probably prepared to deal with the threat that what he said. He said, ‘‘Congressman not 18 or even 24 months from now. we see emerging 1 year from now, then the development and deployment has WELDON, we don’t have enough evi- The American people are justified in to begin in 1997. dence that this transfer of technology asking the question: Why, if we are What does our bill do? Our bill, Mr. took place.’’ spending hundreds of millions of dol- Speaker, takes assets that we now have Mr. Speaker, these are the devices. lars a year on offensive and defensive and increases funding in ways that can We knew about their existence. We saw military programs, why then 12 months give us enhancements and improve- their existence. In fact, Mr. Speaker, from now will we not have a system ments. Let me give my colleagues an there were 120 sets of these devices, that can shoot down these Iranian mis- example. Our bill takes the Patriot each of them manufactured in Russia, siles that were built with Russian and system, which has very serious limita- and all of them transferred into this Chinese technology? tions on what it can defend against. particular place, to Iraq. The answer is, Mr. Speaker, that this Now, the question is not whether administration, while basically putting b 1515 they were transferred legally or wheth- forth a good public story about its The Patriot system initially in er they were transferred illegally. commitment to theater missile de- Desert Storm could only impact an Arms control agreements do not make fense, has not in fact been aggressive in area the size of this small green circle, a difference. A country that is a signa- pushing for deployment of these sys- very limited. I cannot give the distance tory to an arms control agreement cer- tems. in terms of miles because that is classi- tifies to the other nations in that We have a number of options. We fied, but I can give the approximate de- agreement that they will prevent the have a Navy option called the Navy tail percentagewise of the impact area. transfer of technology. upper and lower tier systems, which The Patriot itself was very limited in So, in this case, the transfer of these are under development with Navy and what it could defend against, which is devices was clearly and blatantly a vio- Army, called THAAD, theater high al- why it was not really successful in lation of an international arms control titude area defense system, under de- Desert Storm. By putting into place agreement. In fact, Mr. Speaker, this velopment. We have another system, a immediately additional radar systems, was the seventh time Russia violated variation of the Patriot, called PAC–3, additional early warning systems, and the missile technology control regime. which has more capability than the by putting additional batteries and In each of the seven instances, similar earlier version of the Patriot that was early sensors for the PAC–3 system, we to the transfer of these devices to Iraq, used in Desert Storm. can expand the coverage area by the this administration imposed no sanc- Israel, likewise, is working on a sys- area in the blue. tions on Russia. They either said, we tem entitled the Arrow. The Arrow sys- So that Members can see, Mr. Speak- did not have enough information, we tem is similar to the Patriot and will er, that we can take a system that we could not fully verify it, or we chose have a capability but not quite the ca- have available today and we can en- not to impose sanctions. pability to take out the speed and the hance it and improve its capability sig- Now, we wonder why Iran and Iraq length in terms of distance of the Ira- nificantly, both in terms of distance are getting the capability to kill our nian missile that we expect to be de- and in terms of circumference, by put- troops and to kill and injure our ployed as early as 12 months from now. ting in additional enhancements now. friends. It is because of the policy di- So unfortunately, Mr. Speaker, as we Our bill provides the dollars to do just rection of this administration and not look to meet this threat, the fact is that, to allow us to put into place addi- being tough enough in enforcing arms that we will not have a system ready tional radar, additional coordination of control agreements. to be deployed 12 months from now. So interoperability, additional C3I in Mr. Speaker, besides these devices, if Iran does what the media reports terms of interactive communications there were two other transfers of that in fact they will be able to do, and in command and control of these sys- accelerometers and gyroscopes from that is deploy this system, we will have tems, and in doing so we get an en- Russia to Iraq. Iraq tried to hide them a window of vulnerability. That win- hanced capability that 12 months from in the Tigris River Basin. They were dow of vulnerability could last 6 now we can deploy. found. And they are a part of the 120 months. It could last 12 months. It In addition to the Patriot system, we sets that we know now were attempted could last 2 years. We will have a pe- provide additional funding for the October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9859 THAAD program. Mr. Speaker, THAAD tions that we take to give us a capabil- the testing for THEL for 3 consecutive is a system that has still not been ity within 12 to 18 months to deal with years. It was the Congress, Democrats proven. It is being developed by the the threat that we think is going to be and Republicans in the Congress, who Army. The premise of THAAD is that it in place, a threat that jeopardizes not kept that program alive. is a land-based unit that the Army can just our friends but also American Mr. DREIER. Mr. Speaker, will the take wherever it goes and it can pro- troops and American citizens. Now, the gentleman yield? tect those troops in that theater. So if President has said repeatedly and the Mr. WELDON of Pennsylvania. I our troops are assigned in the Middle administration has said repeatedly yield to the gentleman from California. East, we can put a THAAD battery that theater missile defense is its top Mr. DREIER. I thank my friend for there and it will provide areawide pro- priority. If that be the case, Mr. Speak- yielding. I would simply like to rise as, tection for all of our troops so that we er, then we should have no problem in I think, the most recent cosponsor of the gentleman’s legislation to con- never have another barracks loss of life getting the administration to work gratulate him. I believe this will go a like we had in Saudi Arabia. with us in these systems. Unfortu- long way toward addressing a number The problem with THAAD is it is nately, that has not been the case. good technology, but we have not yet Three weeks ago, I met with Gen. Les of our concerns. Technology transfer, had an intercept in our test program. Lyles, who heads up the ballistic mis- as he and I were discussing earlier, is a We are hoping that this first intercept sile defense organization and who is very important way of stepping up our national ballistic missile defense sys- will take place in the first quarter of the point person for the President. He tem. I would simply like to congratu- 1998. In the bill that I have introduced said, ‘‘Congressman Weldon, I want to late my friend and encourage him today, Mr. Speaker, we set aside addi- work with you and I want to provide tional funding so that if and when we wholeheartedly to proceed. good solid information on which you Mr. WELDON of Pennsylvania. I have that successful intercept for the can base your bill.’’ Three weeks later, thank my good friend and colleague THAAD program that we immediately Mr. Speaker, I am sorry to say I have from California [Mr. DREIER] for stop- make money available to not just buy had no concrete data provided from ping by and sharing his thoughts and one test unit but to buy two dem- General Lyles’ office. Why? Because thank him for his support. He was the onstration test units. One of the units the Secretary of Defense and the Budg- 104th cosponsor, we now have 105. One would be tested here in the United et Office of the Department of Defense hundred and five Democrats and Re- States, as is currently planned. The does not want to cooperate in giving us publicans, Mr. Speaker, have chal- second battery would be deployed to in the Congress realistic numbers upon lenged this administration on their top the Middle East to be a direct support which we can make our suggestions for priority, theater missile defense, in 1 system for our troops that are sta- additional dollar allocations to meet week. I started this bill on Monday. tioned in that area. So we would have this threat. We have had to go to peo- Today I introduced the bill with 105 co- two test batteries of the THAAD sys- ple in a private way, who are in the ad- sponsors, 20 Democrats, 85 Republicans, tem deployed where it in fact in several ministration, who do not want to be who are as concerned as the Israeli years could take out an Iranian missile named, and we have had to go to Minister of Defense, who this week is or any other missile fired at our former directors in the agency to have in Washington, Minister Mordecai, who troops. them give us the dollar amounts and has said publicly that if the United The third option, Mr. Speaker, is the direction as to where we should put States does not respond Israel will called Navy Upper Tier. The Navy additional resources to meet this have to take preemptive action to pro- Upper Tier system uses our existing threat. tect its people. Aegis technology, our most sophisti- Mr. Speaker, that is just unaccept- Is that what we are getting to now, cated systems, on our submarines. This able. This administration, which has Mr. Speaker? We have to rely on our technology is several years away from said repeatedly that theater missile de- allies coming to our defense because we being fully deployed. But by putting fense is our top priority, has again not do not want to put the systems in place additional dollars into radar systems been supportive of this Congress’ at- to protect the loss of life of our troops? and enhancements, we think we can tempt in a bipartisan way to deal with Is that what we have degenerated into? speed up the deployment of the Navy the threats that we see emerging. In A second-rate nation that is going to Upper Tier system by perhaps as much spite of their lack of cooperation, we allow our kids to be killed first and as 1 year, so that by the turn of the have put together a bill that we think then say we should do something? That century or slightly thereafter, we will is fairly realistic. is what happened, Mr. Speaker. When be able to use Navy Upper Tier as a On Wednesday of next week, Mr. we lost those kids in Desert Storm, it major defensive program. Speaker, I will chair a congressional was because we did not apply the re- The fourth major system that bene- hearing that will focus on the Iranian sources where the need was greatest. fits from our bill to provide us addi- threat, that will focus on what Iran is This bill will prevent that from hap- tional protection against the Iranian now doing, that will focus on Iran’s ca- pening again. It will allow us to put capability is what the Israelis are pabilities but will also look at what the resources, very small resources, on working on. Israel has been working our response will be; namely, Impact the threat that is here and very nearly with our missile defense organization 97, our bill to protect our people, our will be deployed by a nation that ev- on a program called Arrow. Arrow is a troops, and Israel and our friends from eryone in the world considers to be a system developed in Israel with Amer- the threat of medium-range missiles rogue operative and that has threat- ican technology help. This system will and the potential devastation that ened to annihilate the American people ultimately give Israel very capable they can cause on America and our and our troops on a consistent and reg- protection against lower level missiles friends and our allies. ular basis. that are not fired from long distances. Mr. Speaker, it is my hope that in Mr. Speaker, let me just say in clos- The problem is that if Iran develops a this process, we will convince the ad- ing that the reason why I think we are capability for this medium-range sys- ministration to join with us, since this where we are today is a threefold rea- tem, as we currently think it is doing, President has said repeatedly that this son. First of all, this administration then this Arrow system will not be able is, in fact, his highest priority. But un- has not enforced arms control agree- to cover all of Israel to take out those fortunately, Mr. Speaker, time and ments. I have given instances, seven missiles if, in fact, they are used. What time again this administration has said times now with the MTCR, no sanc- we want to do, Mr. Speaker, in this leg- one thing while doing the opposite. tions imposed. With the case of China, islation is provide additional funds so It was this administration and this accelerometers and gyroscopes going that Israel can both look at enhancing President who pounded his fist on the to Pakistan, no sanctions imposed. In the Arrow Program as well as provid- table in front of APAC’s national con- the case of China, chemical and bio- ing additional Arrow missiles for test vention and told the Israeli supporters logical materials going to Iran, no purposes. that he was for a program called sanctions imposed. What good are arms In this legislation, Mr. Speaker, Im- THEL. What he failed to tell those peo- control agreements if we are not going pact 97, we have four very specific ac- ple was he tried to zero out funding for to enforce them? H9860 CONGRESSIONAL RECORD — HOUSE October 31, 1997 The second problem, Mr. Speaker, is Weldon, please continue to ask for this My friend from Pennsylvania [Mr. the President has used the bully pulpit brief.’’ WELDON] was just talking about na- to lull the American people into a false Mr. Speaker, we should never have to tional security issues and the need for sense of complacency. As I said on this have the intelligence community anon- a missile defense system. I am a very floor many times before, this President ymously ask us to be briefed on an strong supporter. As I said a few mo- 140 times has given speeches all over issue as important as emerging tech- ments ago, I am proud to be I guess the America, 3 times from this pulpit in nologies. Another example of this ad- 104th cosponsor of his legislation. the State of the Union Address where ministration choking the information Mr. Speaker, the issue that we are he has looked at the camera and said, that we need to make intelligence deci- going to be voting on next week is a ‘‘You can sleep well tonight because for sions about the threats that are emerg- very important national security issue the first time in 50 years, Russian mis- ing around the world. Mr. Speaker, we as well. In fact, in many ways, it may siles are no longer pointed at Ameri- need to understand that intelligence is be the most important national secu- ca’s children.’’ As the Commander in designed to keep us informed on emerg- rity vote that we face. Chief, he knows he cannot prove that, ing threats. The reason I say that is that the because Russia will not give us access A third example was the direct re- United States of America, as we all to their targeting practices. He further moval of Jay Stewart from his position know, is the world’s only complete su- knows that if he could prove that, you as the person in charge of security for perpower: Military, economically, and can retarget an ICBM in 30 seconds. the Department of Energy intelligence geopolitically. As such, we have tre- But by saying that over and over again, operation monitoring Russian nuclear mendous responsibility as a nation. 140 times on college campuses, in the material. That case has been docu- We are clearly the world’s greatest well of the Congress, around the world, mented. Jay Stewart has been before exporter. Our Nation is involved in the you create the feeling in America that my committee. Jay Stewart was re- issue of international trade in a way we have nothing to worry about, there moved from his position because he that is greater than any other nation are no longer any threats, use of the was saying things that people in the on the face of the Earth. And what has bully pulpit in an extreme way just as White House did not want to listen to. happened over the past several years? wrong as some of my colleagues want- This is not America, Mr. Speaker. That Well, the technological changes that ing to recreate Russia as an evil em- is why we are where we are today. That we have seen, many of those items pire, which I do not believe. is why Iran has a capability that is which have been developed right here The third reason why we are where going to threaten America, threaten in the United States of America, have we are today with Iran, Mr. Speaker, is our troops and threaten our allies. I led the world to shrink. because this administration has delib- would encourage our colleagues to co- We are dealing with what is known as erately politicized and sanitized intel- sponsor Impact 97 so that we have the a global economy. In fact, in an era ligence data. That is a pretty harsh protection we need 12 months from now decades ago when it would take a statement. Can I back that up? Mr. to defeat Iran in its effort to desta- steamship to get a message across the ocean, we obviously see instantaneous Speaker, I will cite, not today with the bilize the entire world community. lack of time, but I will cite for anyone Mr. Speaker, I thank you, and I communication. I talk to constituents who wants the information five specific thank the staff for bearing with me who now, based on developments just instances where I can prove that this during this special order. within the last week, are up at 2 o’clock in the morning monitoring the administration has deliberately taken f intelligence data that is intent on giv- stock exchanges in Singapore, Tokyo, b 1530 ing the Congress an understanding of Hong Kong, and other parts of the Pa- an emerging threat and this adminis- FAST TRACK NEGOTIATING cific rim. Why? Because whether we tration has either cut off the head of AUTHORITY GOOD FOR AMERICA like it or not, we are living in a global the messenger or has sanitized that in- economy today. The SPEAKER pro tempore (Mr. I happen to like it, because I believe formation. Most recently last week we COOKSEY). Under the Speaker’s an- that this global economy has played a saw the announced early resignation nounced policy of January 7, 1997, the key role in allowing the United States and retirement of the director of our gentleman from California [Mr. of America to have clearly the highest CIA Non-Proliferation Center, an out- DREIER] is recognized for 60 minutes as standard of living on the face of the standing professional who has given his the designee of the majority leader. Earth. life to allowing this country to under- Mr. DREIER. Mr. Speaker, we are Now, what do we need to do as we stand emerging threats from prolifera- not only at the end of the legislative look at the need to continue to remain tion activities of countries like North day, but the end of the legislative competitive in this global economy? It Korea, China, and Russia. Because of week, and the three most heard words is very important that we remain in pressure that was felt on this individ- over the next several hours all across the most potent position. The only way ual and his job because of briefings he the country will be ‘‘trick or treat.’’ to do that, the only way for us to do has given to Members of Congress and This is Halloween, and, as we think that, is if we allow authority to begin where he has given us information about those words, I would like to talk negotiations to deal with a lot of these about technology transfer about China about an issue which some, unfortu- issues to proceed. That is why the Con- and Russia giving technology to rogue nately, believe may be a trick on the gress must grant this so-called fast nations, he was basically put in such a people of the United States of America, track negotiating authority. terrible position that he took early re- but in fact it is more than a very, very It expired a few years ago. We have tirement rather than face the prospect well-deserved and well-earned treat. I been trying to come to an agreement, of having to fight his superiors in the am talking about the issue that we will and I am happy to say several weeks White House and the State Depart- be voting on most likely 1 week from ago we did come to an agreement ment. today, and that is whether or not we which allowed us to successfully ad- The second example. I heard about a should be granting authority to the ex- dress many of the concerns that have briefing from a Russian expert at Law- ecutive branch to proceed with nego- been raised over the past several years. rence Livermore Laboratory 2 years tiations in an attempt to open new Why is it that we need this? Well, if ago called Silver Bullets about emerg- markets, so that U.S. workers will be you look at the fact that in this global ing Russian technology. As the chair- able to produce goods and services that economy the world has access to our man of the House research committee can be exported into those new mar- consumers, that, frankly, is a very on defense, I asked for that briefing. kets. good thing. It is a good thing because For 6 months, I was denied the brief- Yes, it is called fast track, and I hap- it has allowed consumers in the United ing. During the 6 months, I got an pen to believe that it is the right thing States of America to purchase high anonymous letter in my office which I for the workers and the consumers of quality products at the lowest possible have kept. The anonymous letter was the United States of America and for price. addressed to me, no return address, no workers and consumers throughout the But now what is it we need to do as signature. It said, ‘‘Congressman world. we look at other parts of the world and October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9861 how we even strengthen our already domestic product in this country, $2.1 One of the provisions in this fast strong economy? What we need to do is trillion, an amazing figure from inter- track measure of which I am particu- we need to break down barriers that national trade. In fact, 25 percent of all larly proud is when it comes to the ne- exist in other countries throughout the of the U.S. jobs today are related to gotiating process we are not going to world. international trade, and, in fact, they allow countries to engage in what is A number of my colleagues have said have wage rates that are 16 percent called the race to the bottom. We are to me in discussing this over the past higher than those that are producing not going to allow a country to inten- several days, gosh, why don’t those simply for domestic consumption. tionally lower their environmental countries just unilaterally eliminate That is why I am so troubled when I standards or worker rights standards their tariff barriers? The fact is, if we turn on the television and see these ad- simply to distort trade. look at where we are going on this vertisements that the AFL–CIO and An example I use, just take for exam- issue, it does take a negotiating proc- other opponents to international trade ple if the Government of Chile, which ess. It does take a give-and-take. But agreements advertise. These advertise- is the country with which we hope to the goal is to break down those bar- ments are a clear misrepresentation, embark on a free trade agreement in riers so that U.S. workers are going to because as we gain new and greater the not-too-distant future after we put be able to have new markets for their markets for U.S. products, just based into place this fast track negotiating goods and services. on the way things have gone, the wage authority, if they were to lower their So what needs to be done? We need to rates for those union members will be standards and say to the copper mining have the authority granted so that 16 percent higher than it is for those industry in Chile, for example, that when negotiations start, our nego- members who are simply producing for you can dump sledge in the street, and tiators at the table will be in a similar domestic consumption here in the it is being done to undercut the copper position to the negotiators from other United States. mining industry here in the State of We have today the lowest unemploy- countries. And what does that mean? It Colorado in the United States, that is ment rate in three decades. It is 4.9 means that when they negotiate an an issue that could go to a dispute res- percent. And, guess what? That 4.9 per- agreement to cut taxes, and a tariff is olution panel and could be addressed. cent level of unemployment has gone a tax, as they work for those tax cuts, So we do not allow under this agree- down to that level following implemen- those tariff reductions, they will be ment countries to simply reduce their tation of, again, the much-maligned able to come back to the United States standards as a way to distort trade. North American Free Trade Agreement and say to the Congress, ‘‘You can’t re- But the way to improve those stand- and the completion of the Uruguay negotiate the agreement that we have round of the General Agreement on ards, which we are all concerned about, struck, but you have the final say as to Tariffs and Trade. So as we have done is through greater exchange and great- whether or not this is a good agree- that, we have been able to break down er trade. So I am very, very encouraged ment.’’ about that. The U.S. Congress can vote ‘‘yes’’ or some barriers, and we have been able, as I said, to see 25 percent of the jobs There are many people who have ‘‘no.’’ If it is a bad agreement, I will be in this country exist because of the raised concerns about the constitu- the first one to stand here and vote fact that we have gained new markets. tional aspect of this, and clearly the ‘‘no.’’ But if it is a good agreement, I With this authority, we want to gain use of fast track authority is the legis- will be leading the charge in favor of it, even more in new markets, because it lative branch, both the House and the because a good agreement is one that will improve the standard of living Senate, exercising its rulemaking au- will cut that tax, that tariff barrier, here and in other parts of the world. thority. Every trade bill needs to, as I and create new opportunities for U.S. I was mentioning the issue of our said, be voted on and passed by a ma- workers. leadership role. Clearly the United jority in both the House and the Sen- So as we look at where we are head- States of America cannot cede that ate and signed into law by the Presi- ed, I think it is important to touch on leadership role to other parts of the dent. So we clearly do have a key role the benefits of this global economy to world, because we as a country have in dealing with these agreements. us. In fact, everyone acknowledges that stood traditionally in a bipartisan way So I will say, Mr. Speaker, that this we have seen tremendous improve- with Democrats and Republicans sup- is, I know, a very controversial issue. ments in our economy. One of the porting this goal of breaking down bar- It has created a great stir, and people major reasons has been through inter- riers and trying to gain new markets over the next week are going to be national trade. and new opportunities for us. talking about it. But I believe that it is I am privileged to stand in this There are many people who have a win-win-win-win-win situation. It is a Chamber as a Representative from the raised understandable concerns about win all the way around, because the State of California. In California, we the climate and the situation in other idea of reducing taxes, reducing tariffs, are the gateway to the Pacific rim and countries with which we would estab- has been a global desire now. It goes all Latin America, tremendous new emerg- lish these agreements. People are un- the way back to 1947 when the General ing markets in both of those parts of derstandably concerned about low wage Agreement on Tariffs and Trade was the world. And, remember, with those rates in other countries. They are un- established. They were established emerging markets, what happens? We derstandably concerned about the po- with the goal of reducing tariff bar- improve the living standards in those tential for low environmental stand- riers. Now we have a great chance to do countries. So many of the issues that ards. that. we face as problems here can be effec- Well, I happen to believe that will, There are small businesses in Califor- tively addressed. based on the empirical evidence we nia and in other parts of the country. I I am referring, of course, to the hotly have seen, improve the standards of have been listening to our colleagues debated question of illegal immigra- living in these countries, improve wage from both parties all across the coun- tion, of great concern to me and the rates, improve environmental stand- try talking about how small businesses people whom I represent in southern ards. Of course, look at our very strong are involved in gaining access to new California. Many people who come into economy. That has played a key role in markets, and they want to be able to this country come illegally seeking allowing people to focus attention on do more. They want to be able to do economic opportunity. Well, if we can making sure that we have a cleaner en- more. through greater international trade en- vironment, and has allowed the Amer- b hance the economist of our neighbors ican worker to focus on improvement 1545 and other countries throughout the of their plight. Getting wage rates up As I listened to the kinds of propos- world, clearly we will create a dis- and improvements in their negotia- als that have come forward to address incentive for people to come to the tions, in the same way as we proceed some of the concerns, I think that United States simply seeking economic with international trade in these other those are positive, too, because I think opportunity, as has been the case. countries, we will, through trade, be there are some justifiable concerns. In fact, today international trade able to successfully improve those But, Mr. Speaker, as we look at the represents nearly one-third of the gross standards. vote next week, if we were to make H9862 CONGRESSIONAL RECORD — HOUSE October 31, 1997 what I think would be a horrible deci- I represent the Los Angeles area. The H.R. 2014. An act to provide for reconcili- sion in this House and defeat the meas- entertainment industry is very, very ation pursuant to subsections (b)(2) and (d) ure, we would basically be saying that important to our State. In fact, if we of section 105 of the concurrent resolution on the budget for fiscal year 1998. the United States of America is no look at the entertainment industry, H.R. 2015. An act to provide for reconcili- longer going to play the role as the well over 90 percent of the world’s pro- ation pursuant to subsections (b)(1) and (c) of world’s strongest leader in the area of gramming for the motion picture in- section 105 of the concurrent resolution on international trade. So it would be a dustry and the television programming the budget for fiscal year 1998. grave mistake. comes from right here in the United August 11, 1997: This goal we have is a vision which States, and we are all aware of the fact H.R. 584. An act for the relief of John has existed for a long period of time. I that piracy has been a serious problem. Wesly Davis. will say to my friend, the Speaker We need to deal with negotiations on H.R. 1198. An act to direct the Secretary of the Interior to convey certain land to the here, the Speaker pro tempore, he re- that kind of intellectual property vio- City of Grants Pass, Oregon. called with me just a little while ago lation that has existed. Guess what? H.R. 1944. An act to provide for a land ex- that it was on November 7, 1979 when We will not be able to deal with the ne- change involving the Warner Canyon Ski Ronald Reagan announced his can- gotiations for financial services, get- Area and other land in the State of Oregon. didacy for President of the United ting our financial institutions into new August 13, 1997: States, and in that he talked about an markets, we will not be able to deal H.R. 1585. An act to allow postal patrons to accord that would see free trade going with negotiations for agriculture, to contribute to funding for breast cancer re- from the slopes of Alaska to Tierra del search through the voluntary purchase of gain new markets for agricultural certain specially issued United States post- Fuego, ultimately seeing free trade products, and we will not be able to as age stamps, and for other purposes. among all the Americas. successfully deal with intellectual August 15, 1997: I had the opportunity a couple of property violations if we do not have H.R. 408. An act to amend the Marine weeks ago to be in Argentina and Ven- fast track negotiating authority Mammal Protection Act of 1972 to support ezuela and Brazil on the trip that the passed. the International Dolphin Conservation Pro- President took. On that trip it was So while there are many people out gram in the eastern tropical Pacific Ocean, very clear that these countries are and for other purposes. there who would like to blame all the September 17, 1997: looking to the United States for the ailments of society on international H.R. 1866. An act to continue favorable leadership role in the area of inter- trade, nothing could be further from treatment for need-based educational aid national trade. I am confident that the the truth. under the antitrust laws. U.S. Congress will, with a great, great Mr. Speaker, I hope very much that September 30, 1997: vision, look next Friday when we cast the Speaker pro tempore and all of our H.J. Res. 94. Joint resolution making con- that vote towards doing it. colleagues will next week, when we tinuing appropriations for the fiscal year One of the other things beyond this face what I acknowledge will be a very 1998, and for other purposes. hemisphere happens to be dealing with H.R. 63. An act to designate the reservoir tough vote here in this institution, created by Trinity Dam in the Central Val- some very specific areas that need to that Members will join in supporting ley project, California, as ‘‘Trinity Lake’’. be addressed in a multilateral way with what is clearly the right thing to do as H.R. 2016. An act making appropriations many other countries. Those areas in- we remain the greatest Nation on the for military construction, family housing, clude agriculture. We have had a very face of the earth. and base realignment and closure for the De- tough time in agriculture getting into partment of Defense for the fiscal year end- f a lot of new markets. Why? Because ing September 30, 1998, and for other pur- there are many countries that have BILLS AND JOINT RESOLUTIONS poses. had these tariff barriers and nontariff October 6, 1997: APPROVED BY THE PRESIDENT H.R. 111. An act to provide for the convey- barriers which exist which have pre- The President notified the Clerk of ance of a parcel of unused agricultural land vented the chance for exports to go the House that on the following dates in Dos Palos, California, to the Dos Palos Ag into those countries. he had approved and signed bills and Boosters for use as a farm school. If we look at the issue of financial H.R. 680. An act to amend the Federal joint resolutions of the following titles: services, we all see that there are Property and Administrative Services Act of banks all over the United States with July 18, 1997: 1949 to authorize the transfer of surplus per- international names. Basically the H.R. 173. An act to amend the Federal sonal property to States for donation to non- Property and Administrative Services Act of world’s financial services industry has profit providers of necessaries to impover- 1949 to authorize donation of Federal law en- ished families and individuals, and to au- access into the United States. Yet we, forcement canines that are no longer needed thorize the transfer of surplus real property unfortunately, have been unable to ne- for official purposes to individuals with expe- to States, political subdivisions and instru- gotiate agreements that will allow our rience handling canines in the performance mentalities of States, and nonprofit organi- financial services industry to expand in of law enforcement duties. zations for providing housing or housing as- providing those products and services H.R. 649. An act to amend sections of the sistance for low-income individuals or fami- to consumers in other parts of the Department of Energy Organization Act that lies. world. That is why we need to get this are obsolete or inconsistent with other stat- H.R. 2248. An act to authorize the Presi- utes and to repeal a related section of the fast track authority through. dent to award a gold medal on behalf of the Federal Energy Administration Act of 1974. Congress to Ecumenical Patriarch Bartholo- One of the other very important July 25, 1997: mew in recognition of his outstanding and items, again to my State and to all the H.R. 1901. An act to clarify that the protec- enduring contribution toward religious un- other States, is this very amorphous tions of the Federal Tort Claims Act apply derstanding and peace, and for other pur- issue called intellectual property to the members and personnel of the Na- poses. rights. Intellectual property, what does tional Gambling Impact Study Commission. H.R. 2443. An act to designate the Federal that mean? Well, these are items that H.R. 2018. An act to waive temporarily the building located at 601 Fourth Street, NW., are developed through the intellect of Medicaid enrollment composition rule for in the District of Columbia, as the ‘‘Federal the Better Health Plan of Amherst, New people in that home country. Bureau of Investigation, Washington Field York. Office Memorial Building’’, in honor of Wil- We need to make sure that those August 1, 1997: liam H. Christian, Jr., Martha Dixon Mar- rights are protected. In the area of H.J. Res. 90. Joint resolution waiving cer- tinez, Michael J. Miller, Anthony Palmisano, pharmaceuticals, we have many very, tain enrollment requirements with respect and Edwin R. Woodriffe. very necessary drugs and other items to two specified bills of the One Hundred October 7, 1997: that are created in the pharmaceutical Fifth Congress. H.R. 2209. An act making appropriations industry. We need to make sure that August 5, 1997: for the Legislative Branch for the fiscal year the responsibility for those lies with H.R. 709. An act to reauthorize and amend ending September 30, 1998, and for other pur- those countries where they are devel- the National Geologic Mapping Act of 1992, poses. and for other purposes. October 8, 1997: oped, and that they get full credit and H.R. 1226. An act to amend the Internal H.R. 2266. An act making appropriations remuneration for them. That is why Revenue Code of 1986 to prevent the unau- for the Department of Defense for the fiscal international property agreements thorized inspection of tax returns or tax re- year ending September 30, 1998, and for other need to be struck. turn information. purposes. October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9863

October 9, 1997: October 6, 1997: Mr. KILDEE. H.R. 1420. An act to amend the National S. 996. An act to provide for the authoriza- Ms. ESHOO. Wildlife Refuge System Administration Act tion of appropriations in each fiscal year for Ms. DELAURO. of 1966 to improve the management of the arbitration in United States district courts, Mr. LANTOS. National Wildlife Refuge System, and for and for other purposes. other purposes. S. 1198. An act to amend the Immigration Mr. HAMILTON. October 10, 1997: and Nationality Act to extend the special Mr. SERRANO. H.R. 394. An act to provide for the release immigrant religious worker program, to Mr. LEVIN. of the reversionary interest held by the Unit- amend the Illegal Immigration Reform and Mr. KIND. ed States in certain property located in the Immigrant Responsibility Act of 1996 to ex- Mr. JACKSON of Illinois. County of Iosco, Michigan. tend the deadline for designation of an effec- Ms. FURSE. H.R. 1948. An act to provide for the ex- tive date for paperwork changes in the em- Mr. BROWN of Ohio. change of lands within Admiralty Island Na- ployer sanctions program, and to require the Mr. DELLUMS. tional Monument, and for other purposes. Secretary of State to waive or reduce the fee H.R. 2378. An act making appropriations for application and issuance of non- Mr. ETHERIDGE. for the Treasury Department, the United immigrant visa for aliens coming to the (The following Members (at the re- States Postal Service, the Executive Office United States for certain charitable pur- quest of Mr. WHITE) and to include ex- of the President, and certain Independent poses. traneous matter:) Agencies, for the fiscal year ending Septem- October 9, 1997: Mr. SHUSTER. ber 30, 1998, and for other purposes. S. 871. An act to establish the Oklahoma October 13, 1997: Mr. TALENT. City National Memorial as a unit of the Na- Mr. DICKEY. H.R. 2203. An act making appropriations tional Park System; to designate the Okla- Mr. KING. for energy and water development for the fis- homa City Memorial Trust, and for other cal year ending September 30, 1998, and for purposes. (The following Members (at the re- other purposes. October 22, 1997: quest of Mr. DREIER) and to include ex- October 23, 1997: S. 1000. An act to designate the United traneous matter:) H.J. Res. 97. Joint resolution making fur- States courthouse at 500 State Avenue in Mr. WELDON of Pennsylvania. ther continuing appropriations for the fiscal Kansas City, Kansas, as the ‘‘Robert J. Dole year 1998, and for other purposes. Mr. GOODLING. United States Courthouse’’. October 27, 1997: Mr. MCGOVERN. H.R. 2158. An act making appropriations f Mrs. CHENOWETH. for the Departments of Veterans Affairs and LEAVE OF ABSENCE Mr. CLEMENT. Housing and Urban Development, and for Mrs. CHRISTIAN-GREEN. sundry independent agencies, commissions, By unanimous consent, leave of ab- Mr. MINGE. corporations, and offices for the fiscal year sence was granted to: Mr. RIGGS. ending September 30, 1998, and for other pur- Mr. DEUTSCH (at the request of Mr. Mrs. MCCARTHY of New York. poses. GEPHARDT), for today, on account of of- Mr. KIND. H.R. 2169. An act making appropriations ficial business. for the Department of Transportation and Mr. SERRANO. related agencies for the fiscal year ending Mr. WELDON of Florida (at the re- Mr. TALENT. September 30, 1998, and for other purposes. quest of Mr. ARMEY), for today, on ac- Mr. PALLONE. October 30, 1997: count of attending his father’s funeral. Mr. ACKERMAN. H.J. Res. 75. Joint resolution to confer sta- f Mr. RANGEL. tus as an honorary veteran of the United Mr. FORBES. States Armed Forces for Leslie Townes (Bob) SPECIAL ORDERS GRANTED Mr. BOB SCHAFFER of Colorado. Hope. By unanimous consent, permission to Mrs. MALONEY of New York. f address the House, following the legis- Mr. SKELTON. lative program and any special orders SENATE BILLS AND JOINT RESO- Mr. MORAN of Virginia. heretofore entered, was granted to: LUTIONS APPROVED BY THE Ms. CARSON. (The following Members (at the re- PRESIDENT Mr. HOUGHTON. quest of Mr. SNYDER) to revise and ex- The President notified the Clerk of Mrs. LINDA SMITH of Washington. tend their remarks and include extra- the house that on the following dates Mr. CUMMINGS. neous material:) he had approved and signed bills and Ms. JACKSON-LEE of Texas. Mr. HOYER, for 5 minutes, today. joint resolutions of the Senate of the Mr. ROEMER. Ms. NORTON, for 5 minutes, today. following titles: Mr. MENENDEZ. Mr. SNYDER, for 5 minutes, today. July 24, 1997: Mr. DICKEY. Mr. VISCLOSKY, for 5 minutes, today. S.J. Res. 29. Joint resolution to direct the Ms. WOOLSEY. Mrs. CLAYTON, for 5 minutes, today. Secretary of the Interior to design and con- f struct a permanent addition to the Franklin (The following Members (at the re- Delano Roosevelt Memorial in Washington, quest of Mr. WHITE) to revise and ex- SENATE BILLS REFERRED D.C., and for other purposes. tend their remarks and include extra- Bills of the Senate of the following July 29, 1997: neous material:) titles were taken from the Speaker’s S. 768. An act for the relief of Michel Chris- Mr. WHITE, for 5 minutes, today. topher Meili, Giuseppina Meili, Mirjam table and, under the rule, referred as Mrs. CHENOWETH, for 5 minutes, Naomi Meili, and Davide Meili. follows: today. August 7, 1997: S. 1024. An act to make chapter 12 of title Mr. METCALF, for 5 minutes, today. S. 430. An act to amend the Act of June 20, 11 of the United States Code permanent, and 1910, to protect the permanent trust funds of Mr. GIBBONS, for 5 minutes, on No- for other purposes; to the Committee on the the State of New Mexico from erosion due to vember 5. Judiciary. inflation and modify the basis on which dis- (The following Member (at her own S. 1149. An act to amend title 11, United tributions are made from those funds. request) to revise and extend her re- States Code, to provide for increased edu- August 8, 1997: marks and include extraneous mate- cation funding, and for other purposes; to S. 670. An act to amend the Immigration the Committee on the Judiciary. and Nationality Technical Corrections Act of rial:) 1994 to eliminate the special transition rule Mrs. LINDA SMITH of Washington, for f 5 minutes, today. for issuance of a certificate of citizenship for ADJOURNMENT certain children born outside the United f States. Mr. DREIER. Mr. Speaker, I move October 1, 1997: EXTENSION OF REMARKS that the House do now adjourn. S. 910. An act to authorize appropriations By unanimous consent, permission to The motion was agreed to; accord- for carrying out the Earthquake Hazards Re- revise and extend remarks was granted ingly (at 3 o’clock and 51 minutes duction Act of 1977 for fiscal years 1998 and 1999, and for other purposes. to: p.m.), under its previous order, the S. 1211. An act to provide permanent au- (The following Members (at the re- House adjourned until Tuesday, No- thority for the administration of au pair pro- quest of Mr. SNYDER) and to include ex- vember 4, 1997, at 10:30 a.m. for morn- grams. traneous matter:) ing hour debates. H9864 CONGRESSIONAL RECORD — HOUSE October 31, 1997 EXECUTIVE COMMUNICATIONS, Miami Harbor, Florida, pursuant to Public Mr. HYDE: Committee on the Judiciary. ETC. Law 104—303, section 101(b)(9); (H. Doc. No. House Joint Resolution 92. Resolution grant- 105—162); to the Committee on Transpor- ing the consent of Congress to the Alabama- Under clause 2 of rule XXIV, execu- tation and Infrastructure and ordered to be Coosa-Tallapoose River Basin Compact; with tive communications were taken from printed. an amendment (Rept. 105–370). Referred to the Speaker’s table and referred as fol- 5718. A letter from the the Acting Assist- the House Calendar. lows: ant Secretary (Civil Works), the Department Mr. SHUSTER: Committee on Transpor- 5708. A letter from the Assistant Secretary of the Army, transmitting a report on a tation and Infrastructure. H.R. 2476. A bill to for Legislative Affairs, Department of State, project for mitigation of shoreline erosion amend title 49, United States Code, to re- transmitting certification of a proposed li- and storm damages caused by existing Fed- quire the National Transportation Safety cense for the export of defense articles or de- eral navigation improvements at Lake Board and individual foreign air carriers to fense services sold commercially to New Zea- Worth Inlet, Palm Beach Harbor, Florida, address the needs of families of passengers land (Transmittal No. DTC–118–97), pursuant pursuant to Public Law 104—303, section involved in aircraft accidents involving for- to 22 U.S.C. 2776(c); to the Committee on 101(b)(8); (H. Doc. No. 105—163); to the Com- eign air carriers; with an amendment (Rept. International Relations. mittee on Transportation and Infrastructure 105–371). Referred to the Committee of the 5709. A letter from the Assistant Secretary and ordered to be printed. Whole House on the State of the Union. for Legislative Affairs, Department of State, f Mr. SHUSTER: Committee on Transpor- transmitting certification of a proposed li- tation and Infrastructure. H.R. 2626. A bill to cense for the export of defense articles or de- REPORTS OF COMMITTEES ON make clarifications to the Pilot Records Im- fense services sold commercially to the Unit- PUBLIC BILLS AND RESOLUTIONS provement Act of 1996, and for other pur- ed Kingdom (Transmittal No. DTC–124–97), poses; with an amendment (Rept. 105–372). Under clause 2 of rule XIII, reports of Referred to the Committee of the Whole pursuant to 22 U.S.C. 2776(c); to the Commit- committees were delivered to the Clerk tee on International Relations. House on the State of the Union. 5710. A letter from the Assistant Secretary for printing and reference to the proper Pursuant to clause 5 of rule X the for Legislative Affairs, Department of State, calendar, as follows: Committee on International Relations transmitting certification of a proposed li- Mr. HYDE: Committee on the Judiciary. discharged from further consideration. cense for the export of defense articles or de- H.R. 2732. A bill for the relief of John Andre H.R. 2195 referred to the Committee of fense services sold commercially to Iceland Chalot (Rept. 105–360). Referred to the Com- the Whole House on the State of the (Transmittal No. DTC–122–97), pursuant to 22 mittee of the Whole House. Union, and ordered to be printed. Mr. HYDE: Committee on the Judiciary. U.S.C. 2776(c); to the Committee on Inter- Pursuant to clause 5 of rule X the national Relations. H.R. 2731. A bill for the relief of Roy 5711. A letter from the Assistant Secretary Desmond Moser (Rept. 105–361). Referred to Committees on Government Reform for Legislative Affairs, Department of State, the Committee of the Whole House on the and Oversight and Rules discharged transmitting certification of a proposed li- State of the Union. from further consideration. H.R. 2676 cense for the export of defense articles or de- Mr. YOUNG of Alaska: Committee on Re- referred to the Committee of the Whole fense services sold commercially to Japan sources. S. 731. An act to extend the legisla- House on the State of the Union, and (Transmittal No. DTC–119–97), pursuant to 22 tive authority for construction of the Na- ordered to be printed. tional Peace Garden memorial, and for other U.S.C. 2776(c); to the Committee on Inter- f national Relations. purposes (Rept. 105–362). Referred to the 5712. A letter from the Director, U.S. Trade Committee of the Whole House on the State TIME LIMITATION OF REFERRED and Development Agency, transmitting a of the Union. BILL consolidated report on audit and internal Mr. YOUNG of Alaska: Committee on Re- management activities in accordance with sources. S. 423. An act to extend the legisla- Pursuant to clause 5 of rule X the fol- the provisions of the Inspector General Act tive authority for the Board of Regents of lowing action was taken by the Speak- and the Federal Managers’ Financial Integ- Gunston Hall to establish a memorial to er: rity Act; to the Committee on Government honor George Mason (Rept. 105–363). Referred [Omitted from the Record of October 30, 1997] Reform and Oversight. to the Committee of the Whole House on the H.R. 10. Referral to the Committee on 5713. A letter from the Director, Minerals State of the Union. Commerce extended for a period ending not Management Service, Department of the In- Mr. ARCHER: Committee on Ways and later than November 3, 1997. terior, transmitting a copy of the Minerals Means. H.R. 2676. A bill to amend the Inter- Management Service report ‘‘Outer Con- nal Revenue Code of 1986 to restructure and [Submitted October 31, 1997] tinental Shelf Oil and Natural Gas Resource reform the Internal Revenue Service, and for H.R. 2195. Referral to the Committee on Management Program: Cumulative Effects other purposes; with an amendment (Rept. International Relations extended for a period 1992–94’’; to the Committee on Resources. 105–364 Pt. 1). ending not later than October 31, 1997. 5714. A letter from the Director, Fish and Mr. ARCHER: Committee on Ways and H.R. 2676. Referral to the Committees on Wildlife Service, transmitting the Service’s Means. H.R. 2644. A bill to provide to bene- Government Reform and Oversight and Rules final rule—Endangered and Threatened Wild- ficiary countries under the Caribbean Basin extended for a period ending not later than life and Plants; Final Rule to List the North- Economic Recovery Act benefits equivalent October 31, 1997. ern Population of the Bog Turtle as Threat- to those provided under the North American f ened and the Southern Population as Threat- Free-Trade Agreement (Rept. 105–365). Re- ened Due to Similarity of Appearance (RIN: ferred to the Committee of the Whole House PUBLIC BILLS AND RESOLUTIONS 1018–AD05) received October 31, 1997, pursu- on the State of the Union. Under clause 5 of Rule X and clause 4 ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. ARCHER: Committee on Ways and of Rule XXII, public bills and resolu- on Resources. Means. H.R. 2195. A bill to provide for certain 5715. A letter from the Director, Fish and measures to increase monitoring of products tions were introduced and severally re- Wildlife Service, transmitting the Service’s of the People’s Republic of China that are ferred, as follows: final rule—Endangered and Threatened Wild- made with forced labor; with amendments By Mr. WELDON of Pennsylvania (for life and Plants; Final Rule to List Three (Rept. 105–366 Pt. 1). himself, Mr. PICKETT, Ms. HARMAN, Aquatic Invertebrates in Comal and Hays Mr. ARCHER: Committee on Ways and Mr. BATEMAN, Mr. BARTLETT of Mary- Counties, Texas, as Endangered (RIN: 1018– Means. H.R. 2622. A bill to make miscellane- land, Mr. MEEHAN, Mr. HOSTETTLER, AD28) received October 31, 1997, pursuant to ous and technical changes to various trade Mr. BONO, Mr. GIBBONS, Mr. WATTS of 5 U.S.C. 801(a)(1)(A); to the Committee on laws (Rept. 105–367). Referred to the Commit- Oklahoma, Mr. CRAMER, Mr. PAPPAS, Resources. tee of the Whole House on the State of the Mr. RILEY, Mr. ABERCROMBIE, Mr. 5716. A letter from the Acting Director, Of- Union. LOBIONDO, Mr. SPENCE, Mrs. FOWLER, fice of Sustainable Fisheries, National Oce- Mr. HYDE: Committee on the Judiciary. Mr. ROHRABACHER, Mr. THORNBERRY, anic and Atmospheric Administration, trans- H.R. 1753. A bill to provide for the establish- Mr. SAM JOHNSON, Mr. CUNNINGHAM, mitting the Administration’s final rule— ment of not less than 2,500 Boys and Girls Mr. GRAHAM, Mr. CHAMBLISS, Mr. Fisheries of the Exclusive Economic Zone Clubs of America facilities by the year 2000; ORTIZ, Mr. HEFLEY, Mr. JONES, Mr. Off Alaska, Pacific Cod in the Central Regu- with an amendment (Rept. 105–368). Referred LEWIS of Kentucky, Mr. GILMAN, Mr. latory Area of the Gulf of Alaska [Docket to the Committee of the Whole House on the HUNTER, Mr. SOLOMON, Mr. MCHALE, No. 961126334–7025–02; I.D. 102497C] received State of the Union. Mr. SKELTON, Mr. FOX of Pennsylva- October 30, 1997, pursuant to 5 U.S.C. Mr. HYDE: Committee on the Judiciary. nia, Mr. TAYLOR of Mississippi, Mr. 801(a)(1)(A); to the Committee on Resources. House Joint Resolution 91. Resolution grant- MCKEON, Mr. REYES, Mr. 5717. A letter from the the Acting Assist- ing the consent of Congress to the Apalachi- NETHERCUTT, Mr. COBLE, Mr. SMITH of ant Secretary (Civil Works), the Department cola-Chattahoochee-Flint River Basin Com- New Jersey, Mr. MCHUGH, Mr. BUYER, of the Army, transmitting a report on the pact; with an amendment (Rept. 105–369). Re- Mr. STUMP, Mr. COX of California, Mr. authorized navigation improvements at ferred to the House Calendar. SHADEGG, Mr. GALLEGLY, Mr. SAXTON, October 31, 1997 CONGRESSIONAL RECORD — HOUSE H9865

Mr. TURNER, Mr. BLAGOJEVICH, Mr. By Mr. SOLOMON: H.R. 74: Mrs. LOFGREN and Mr. MATSUI. ANDREWS, Mr. RYUN, Mr. MURTHA, H.R. 2792. A bill to amend the Internal Rev- H.R. 107: Mr. WEXLER and Mr. ABERCROM- Mr. TALENT, Mr. WICKER, Mr. enue Code of 1986 to provide for the treat- BIE. SCARBOROUGH, Mr. DUNCAN, Mr. ment of expenses incurred in asserting any H.R. 123: Mr. BOB SCHAFFER, Mr. WAMP, Mr. HASTERT, Mr. BILIRAKIS, Mr. HAST- claim of employment discrimination and for LARGENT, and Mr. LEWIS of California. INGS of Washington, Mr. GREENWOOD, damages and back pay received on account of H.R. 164: Mr. NADLER, Mr. PALLONE, Mr. Mr. SKEEN, Mr. PITTS, Mr. employment discrimination; to the Commit- LANTOS, Mr. COOKSEY, Mr. UNDERWOOD, Ms. GILCHREST, Mr. HOLDEN, Mr. GOSS, tee on Ways and Means. VELAZQUEZ, and Mr. WYNN. Mr. LAZIO of New York, Mr. By Mr. SALMON (for himself and Mr. H.R. 296: Ms. ROS-LEHTINEN. RODRIGUEZ, Mr. HANSEN, Mr. YOUNG SCARBOROUGH): H.R. 303: Mr. SISISKY and Mr. BAESLER. of Alaska, Mrs. EMERSON, Mr. COYNE, H. Con. Res. 183. Concurrent resolution ex- H.R. 351: Mr. DINGELL. Mr. MILLER of Florida, Mr. COLLINS, pressing the sense of the Congress with re- H.R. 453: Mr. KENNEDY of Rhode Island. Mr. CANADY of Florida, Mr. PACKARD, spect to the failure of Attorney General H.R. 789: Mr. PAXON. Mr. BARTON of Texas, Mr. CALVERT, Janet Reno to seek application for an inde- H.R. 991: Mr. WELLER and Mr. EVANS. Mr. LEWIS of California, Mr. pendent counsel to investigate a number of H.R. 1114: Mrs. ROUKEMA, Mr. FAZIO of Cali- HAYWORTH, Mr. MCCRERY, Mr. COM- matters relating to the financing of cam- fornia. BEST, Mr. KING of New York, Mr. paigns in the 1996 Federal election, including H.R. 1126: Mr. GEJDENSON. UNDERWOOD, Mr. SESSIONS, Mr. the conduct of President Clinton and Vice H.R. 1173: Mr. RODRIGUEZ. WELLER, Mr. EHRLICH, Mr. BUNNING of President Gore; to the Committee on the Ju- H.R. 1334: Mr. MCDERMOTT, Mr. WAXMAN, Kentucky, Mr. BALLENGER, Mr. diciary. and Mr. LAFALCE. DREIER, Mr. BILBRAY, Mr. DIAZ- By Mr. ETHERIDGE (for himself, Mr. H.R. 1415: Mr. BENTSEN and Mrs. THURMAN. BALART, Mr. ENGLISH of Pennsylva- HASTINGS of Florida, Mr. MCGOVERN, H.R. 1425: Mr. FRANKS of New Jersey and nia, Mr. HALL of Texas, Mr. DICKS, Mr. LAFALCE, Mr. CLEMENT, Ms. Mr. MCGOVERN. Mr. METCALF, Ms. DUNN of Washing- BROWN of Florida, Mrs. LOWEY, Mr. H.R. 1456: Mr. CALVERT. H.R. 1586: Mr. BONIOR. ton, Mr. EVERETT, Ms. ROS-LEHTINEN, PRICE of North Carolina, Ms. H.R. 1614: Mr. BORSKI, Ms. CHRISTIAN- Mr. DOOLITTLE, Mr. THOMAS, Mr. LOFGREN, Ms. FURSE, Mr. JOHNSON of GREEN, Mr. CLYBURN, Mr. CONDIT, Mr. WHITE, Mr. BOEHNER, Mr. CALLAHAN, Wisconsin, Mr. BOSWELL, Mr. ROE- DEFAZIO, Mr. DICKS, Mr. FARR of California, Mr. BARRETT of Nebraska, Mr. TAY- MER, Mrs. TAUSCHER, Ms. DELAURO, Mr. FAZIO of California, Mr. GUTIERREZ, Mr. LOR of North Carolina, Mr. HILLEARY, Ms. STABENOW, Mr. NEAL of Massa- HOYER, Mr. KENNEDY of Massachusetts, Mr. Mr. COOKSEY, and Mrs. CHENOWETH): chusetts, Mr. DAVIS of Illinois, Mrs. H.R. 2786. A bill to authorize additional ap- MEEK of Florida, Mr. MALONEY of MCNULTY, Mr. MATSUI, Mr. MORAN of Vir- propriations for the Department of Defense Connecticut, Mr. HOYER, Mr. CARDIN, ginia, Ms. PELOSI, Mr. PICKETT, Mr. SISISKY, for ballistic missile defenses and other meas- Mr. RAHALL, and Mr. DINGELL): Ms. SLAUGHTER, Mr. WAXMAN, Mr. SKAGGS, ures to counter the emerging threat posed to H. Res. 299. A resolution expressing support Mr. ENGEL, Ms. VELAZQUEZ, Mr. the United States and its allies in the Middle for the States in adopting challenging aca- BLAGOJEVICH, Mr. ACKERMAN, and Mr. PETER- East and Persian Gulf region by the develop- demic standards in core curricula; to the SON of Minnesota. ment and deployment of ballistic missiles by Committee on Education and the Workforce. H.R. 1689: Mrs. LINDA SMITH of Washington, Iran; to the Committee on National Secu- By Mr. RANGEL (for himself, Mrs. Mr. PICKERING, Mr. PACKARD, and Mr. rity, and in addition to the Committee on MALONEY of New York, Mr. STARK, SNOWBARGER. International Relations, for a period to be Ms. CARSON, Mr. ABERCROMBIE, Mr. H.R. 1915: Ms. RIVERS. subsequently determined by the Speaker, in FROST, Mr. FALEOMAVAEGA, Ms. H.R. 2023: Ms. KAPTUR. each case for consideration of such provi- LOFGREN, Mr. COYNE, Mrs. THURMAN, H.R. 2183: Mr. UPTON. sions as fall within the jurisdiction of the Ms. CHRISTIAN-GREEN, Mr. DELLUMS, H.R. 2292: Mr. SOLOMON. committee concerned. Mr. CUMMINGS, Mr. CLAY, Ms. EDDIE H.R. 2327: Mr. JOHN, Mr. HILL, Ms. By Ms. DELAURO: BERNICE JOHNSON of Texas, Mrs. STABENOW, Mr. MINGE, and Mr. BRADY. H.R. 2787. A bill to designate the United MEEK of Florida, Mr. STOKES, Mr. H.R. 2397: Mr. GREEN, Mrs. MEEK of Flor- States courthouse located in New Haven, SCOTT, Mr. RUSH, Mr. DIXON, Mr. ida, Mr. DAVIS of Virginia, Ms. KILPATRICK, Connecticut, as the ‘‘Richard C. Lee United FLAKE, Ms. FURSE, Mr. ENGEL, Mr. Mr. BUNNING of Kentucky, and Mr. BATEMAN. States Courthouse‘‘; to the Committee on JEFFERSON, Mrs. CLAYTON, Mr. H.R. 2409: Mr. MCGOVERN and Mr. LEWIS of Transportation and Infrastructure. PAYNE, Mr. MCGOVERN, and Mr. Georgia. By Mr. HOUGHTON: TORRES): H.R. 2424: Mr. MILLER of Florida and Mr. H.R. 2788. A bill to amend the Internal Rev- H. Res. 300. A resolution expressing Sup- GOODLING. enue Code of 1986 to promote the grant of in- port for a National Week of Reflection and H.R. 2432: Mr. CLYBURN and Mr. TRAFICANT. centive stock options to nonhighly com- Tolerance; to the Committee on Government H.R. 2454: Mr. PAYNE and Mr. PETRI. pensated employees; to the Committee on Reform and Oversight. H.R. 2457: Mr. PAYNE and Mr. PETRI. Ways and Means. H.R. 2481: Mr. BASS, Mr. HASTINGS of Wash- f By Ms. MCKINNEY (for herself, Mr. ington, Mr. SANFORD, Ms. SLAUGHTER, and LEACH, Mr. FILNER, Mr. STARK, Mr. PRIVATE BILLS AND Mrs. KELLY. MCDERMOTT, Mr. GUTIERREZ, Mr. RESOLUTIONS H.R. 2483: Mr. WELLER, Mr. FOLEY, and Mr. LEWIS of Georgia, Mr. BROWN of Cali- WICKER. fornia, Mr. DIXON, and Mr. WAXMAN): Under clause 1 of Rule XXII, private H.R. 2497: Mrs. CHENOWETH, Mr. BACHUS, H.R. 2789. A bill to save taxpayers money, bills and resolutions of the following Mr. LARGENT, Mr. GEKAS, Mr. REGULA, Mr. reduce the deficit, cut corporate welfare, and titles were introduced and severally re- SHIMKUS, Mr. YOUNG of Alaska, Mr. PACKARD, protect and restore America’s natural herit- ferred, as follows: Mr. PAPPAS, Mr. TIAHRT, Mr. NUSSLE, Mr. age by eliminating the fiscally wasteful and MORAN of Virginia, Mr. ROGAN, Mr. THUNE, ecologically destructive commercial logging By Mr. METCALF: Ms. DANNER, Mr. BARTLETT of Maryland, Mr. program on Federal public lands and to fa- H.R. 2793. A bill to authorize the Secretary PITTS, Mr. SANFORD, Mr. SOUDER, Mr. GOOD- cilitate the economic recovery and diver- of Transportation to issue a certificate of LING, Mr. LEWIS of Kentucky, Mr. CRAPO, and sification of communities dependent on the documentation with appropriate endorse- Mr. BONO. Federal logging program; to the Committee ment for employment in the coastwise trade H.R. 2499: Mr. KILDEE, Mr. BOB SCHAFFER, on Agriculture, and in addition to the Com- and fisheries for the vessel FIERCE CON- Mr. TORRES, Mr. EHLERS, Mrs. EMERSON, Mr. mittees on Resources, and Education and the TENDER; to the Committee on Transpor- MCHUGH, Mr. MCDERMOTT, Mr. PACKARD, Mr. Workforce, for a period to be subsequently tation and Infrastructure. determined by the Speaker, in each case for By Mr. METCALF: ENGLISH of Pennsylvania, Mrs. MORELLA, Mr. consideration of such provisions as fall with- H.R. 2794. A bill to authorize the Secretary NUSSLE, Mr. CLYBURN, Mr. CAMP, Ms. KAP- in the jurisdiction of the committee con- of Transportation to issue a certificate of TUR, Mr. NEAL of Massachusetts, and Ms. cerned. documentation with appropriate endorse- STABENOW. By Mr. RIGGS: ment for employment in the coastwise trade H.R. 2527: Ms. MCCARTHY of Missouri, Ms. H.R. 2790. A bill to prohibit the Adminis- for the vessel TAURUS; to the Committee on SLAUGHTER, Mr. SNYDER, and Ms. KAPTUR. trator of the Federal Aviation Administra- Transportation and Infrastructure. H.R. 2551: Mr. DINGELL and Ms. KAPTUR. H.R. 2554: Ms. JACKSON-LEE, Mr. EVANS, tion from closing certain flight service sta- f tions; to the Committee on Transportation Mr. ENGEL, and Mr. DAVIS of Illinois. and Infrastructure. ADDITIONAL SPONSORS H.R. 2560: Mrs. LOWEY, Mr. PETRI, Mr. BISH- OP, Ms. MCKINNEY, Ms. HOOLEY of Oregon, By Mrs. ROUKEMA: Under clause 4 of rule XXII, sponsors H.R. 2791. A bill to amend the Communica- Mr. MILLER of California, Mr. FATTAH, Mr. tions Act of 1934 to prohibit Internet service were added to public bills and resolu- SCOTT, Mr. ACKERMAN, and Mr. PASCRELL. providers from providing accounts to sexu- tions as follows: H.R. 2593: Mr. HUNTER, Mr. CALVERT, Mr. ally violent predators; to the Committee on H.R. 44: Mr. STUPAK, Mr. MASCARA, Mr. RADANOVICH, Mr. ROGAN, Mr. LEWIS of Cali- Commerce. BOYD, and Mr. GOODLING. fornia, Mr. MCKEON, Mr. ROHRABACHER, Mr. H9866 CONGRESSIONAL RECORD — HOUSE October 31, 1997 CAMPBELL, Mr. DREIER, Mr. HEFLEY, Mr. PE- FAWELL, Mr. GUTIERREZ, Mr. HASTERT, Mr. DISCHARGE PETITIONS— TERSON of Minnesota, Mr. BACHUS, Mr. HYDE, Mr. JACKSON, Mr. LAHOOD, Mr. LIPIN- ADDITIONS OR DELETIONS CRAPO, Mr. STEARNS, Mr. PACKARD, Ms. KAP- SKI, Mr. MANZULLO, Mr. PORTER, Mr. The following Members added their TUR, Mr. BAESLER, and Mr. HEFNER. POSHARD, Mr. RUSH, Mr. SHIMKUS, Mr. H.R. 2596: Mr. LEWIS of Kentucky. names to the following discharge peti- WELLER, and Mr. YATES. H.R. 2597: Mr. THOMPSON and Mr. TORRES. tions: H.R. 2609: Mr. PACKARD ALLEGLY H. Con. Res. 107: Mr. ADAM SMITH of Wash- , Mr. G , Mr. Petition 1 by Mr. YATES on House Resolu- ADANOVICH, Mr. BAESLER, and Mr. BONO. R ington. tion 141: Tom Campbell. H.R. 2626: Ms. BROWN of Florida. H. Con. Res. 158: Mr. PAUL. Petition 2 by Mr. PETERSON of Minnesota H.R. 2627: Mr. MANZULLO, Mr. ARCHER, Mr. on H.R. 1984: John S. Tanner, Joel Hefley, BRADY, Mrs. KELLY, and Mr. COOK. H. Con. Res. 179: Mr. PORTER and Ms. Michael F. Doyle, George P. Radanovich, H.R. 2664: Mr. PETERSON of Pennsylvania. SLAUGHTER. H.R. 2675: Ms. DELAURO. James V. Hansen, James A. Barcia, Tim Roe- H.R. 2676: Mr. KASICH, Mr. CANADAY of H. Res. 37: Mr. CUMMINGS, Mr. COYNE, Mr. mer, W.J. (Billy) Tauzin, Ralph M. Hall, Jim Florida, Mr. SOLOMON, and Mr. ADERHOLT. JEFFERSON, Mr. MANTON, Mr. POSHARD, Mr. Bunning, Richard H. BAker, and Mac Collins. H.R. 2713: Mr. FROST and Ms. LOFGREN. REYES, and Mr. ADAM SMITH of Washington. Petition 3 by Mr. BAESLER on H.R. 1366: Tom Campbell, Constance A. Morella, Peter H.R. 2748: Ms. SLAUGHTER. H. Res. 267: Mr. KNOLLENBERG and Mr. H.R. 2749: Mr. DELAHUNT. Deutsch, Carolyn McCarthy, Nancy L. John- JOHN. H.R. 2760: Mr. PETERSON of Pennsylvania, son, Charles B. Rangel, Edolphus Towns, Mr. NEY, and Mrs. CHENOWETH. H. Res. 268: Mr. BACHUS, Mr. LIVINGSTON, Matthew G. Martinez, Martin Olav Sabo, H.R. 2761: Mr. LEWIS of Georgia and Mr. and Mr. MILLER of Florida. James A. Leach, Donald M. Payne, John GUTIERREZ. Conyers, Jr., Tony P. Hall, Jerry F. Costello, H. Res. 279: Ms. MILLENDER-MCDONALD, Ms. H.R. 2773: Mr. COSTELLO, Mr. CRANE, Mr. Louis Stokes, Norman D. Dicks, Michael F. DAVIS of Illinois, Mr. EVANS, Mr. EWING, Mr. CARSON, and Ms. LOFGREN. Doyle, Frank Mascara, and Martin Frost. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, FRIDAY, OCTOBER 31, 1997 No. 150 Senate The Senate met at 9:30 a.m. and was Senator COVERDELL and Senator Mr. COVERDELL. Mr. President, I called to order by the President pro DASCHLE or his designee. Following the rise on behalf of H.R. 2646, the A-plus tempore [Mr. THURMOND]. debate time, the Senate will conduct a education bill. What has become known cloture vote on the A-plus education as the A-plus account, or education PRAYER bill. Therefore, Members can anticipate savings account, is a unique instru- The Chaplain, Dr. Lloyd John the first rollcall vote today at approxi- ment that is being designed to help Ogilvie, offered the following prayer: mately 10:30 a.m. If cloture is not in- American families across the land to Gracious, loving Father, You have voked, the Senate will proceed to a clo- deal with education deficiencies, par- taught us to give thanks for all things, ture vote on a motion to proceed to the ticularly in grades K–12, kindergarten to dread nothing but the loss of close- Defense Authorization Act conference through high school, although the ac- ness with You, and to cast all our cares report. Members can anticipate addi- count may be kept intact and used for on You. Set us free from timidity when tional procedural votes on that meas- higher education if that is the desire of it comes to living the absolutes of Your ure. the family. commandments and speaking with the In addition, the Senate may consider Simply put, a family could save up to authority of Your truth. All around us the District of Columbia appropria- $2,500 every year from the child’s birth we see evidence of moral confusion. tions bill, the Amtrak strike resolu- in a savings account much like an IRA People talk a great deal about values, tion, or any additional legislative or that most Americans have come to un- but many have lost their grip on Your executive items that can be cleared. derstand, a similar instrument. These standards. As a reminder to all Members, the are after-tax dollars. The interest that Help us to be people who live hon- first rollcall vote this morning will would build up each succeeding year estly with integrity and trust- occur at 10:30 a.m. would not be taxed if the proceeds of worthiness. We want to be authentic f the account are used for virtually any people rather than studied caricatures educational purpose. So it becomes a of character. Free us from capricious RESERVATION OF LEADER TIME tool that empowers parents to deal dissimulations, from covered duality, The PRESIDING OFFICER (Mr. with particular or peculiar deficiencies from covert duplicity. Instead of ma- KYL). Under the previous order, the of the child. nipulating others with power games, leadership time is reserved. As a result, my own view is that the help us motivate them with love. Grant f value of these dollars could be as much us the passion that comes from com- as three to five times a typical public mitting our lives to You, the idealism EDUCATION SAVINGS ACT FOR dollar being spent because the dollar is that comes from understanding Your PUBLIC AND PRIVATE SCHOOLS being directed at the unique deficiency. guidance, and the inspiration that The PRESIDING OFFICER. Under Let’s say, for example, the child had comes from relying on Your spirit as the previous order, the Senate will now a learning disability, or dyslexia, that our only source of strength. resume consideration of H.R. 2646, required special attention. The dollars May this be a day for glorifying You which the clerk will report. could be put right on that problem. Or through all that we do. Through our The assistant legislative clerk read perhaps the child had a math defi- Lord and Saviour. Amen. as follows: ciency and it required a tutor, or there was a transportation problem to deal f A bill (H.R. 2646) to amend the Internal with an after-school program, or a RECOGNITION OF THE ACTING Revenue Code of 1986 to allow tax-free ex- penditures from education individual retire- learning disability of some form. All of MAJORITY LEADER ment accounts for elementary and secondary these particular problems, broad dol- The PRESIDENT pro tempore. The school expenses, to increase the maximum lars cannot necessarily address, but able acting majority leader, the Sen- annual amount of contributions to such ac- these savings accounts can. They can ator from Georgia, is recognized. counts, and for other purposes. go right to the deficiency. f The Senate resumed consideration of A unique feature of the savings ac- the bill. count is that the account can receive SCHEDULE The PRESIDING OFFICER. The time contributions from sponsors. When you Mr. COVERDELL. Mr. President, this until 10:30 a.m. will be divided between do that, the imagination begins to morning the Senate will proceed to the Senator from Georgia [Mr. work at the different kinds of things consideration of H.R. 2646, the A-plus COVERDELL] and the minority leader, or that could happen to help build this ac- education bill, with the time until 10:30 his designee. count up for this child. A corporation, a.m. being equally divided between The Senator from Georgia. an employer, could be a contributor to

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

S11503 S11504 CONGRESSIONAL RECORD — SENATE October 31, 1997 these accounts. You can envision percent—and 30 percent to private for the repeal of the Internal Revenue matching circumstances, where an em- schools. Code and the abolition of the IRS. ployer would say I’ll put so much in According to the Joint Committee on Well, I can understand the calls that your children’s account if you’ll match Taxation, 70 percent of all these funds issue from the House of Representa- it. You can imagine a church becoming will go to support children and families tives to abolish the IRS, because in- involved in these types of accounts. I earning $75,000 or less. It is means test- creasingly its task is impossible. But can see a community—recently in At- ed. It is not for the wealthy. It has on the other hand, there is something lanta we lost a law enforcement officer, sponsors, so that we can help those who called the Nation and it does require and people are often trying to find a have a tough time organizing the ac- revenues. Even if they are reduced to way to help the remaining family. I counts, and the principal beneficiary that elemental proposition of deliver- can see communities stepping forward will be the public school system of ing the mail and defending the coasts, in this case and establishing an ac- America and the families in it. that does require revenues. The choices count for the surviving children. So Mr. President, I yield at this time. are for us many and we shouldn’t community, employers, extended fam- The PRESIDING OFFICER. The Sen- complexify them to the point of plain ily, brothers, uncles, neighbors, grand- ator from New York is recognized. bafflement. parents—all of these individuals could Mr. MOYNIHAN. Mr. President, let The President has said he will veto become sponsors of these children’s ac- me first congratulate my friend and this bill. Our President, in a letter to counts. colleague on the thoughtfulness of his our distinguished majority leader of As a result, a large infusion of en- remarks and the cogency of his argu- July 29, thanked the majority leader richment will occur to education in ments. If I will now speak in opposi- and, by reference, the others of us in America, one of the largest in 10 tion, it is first and foremost a proce- conference on the Tax Relief Act of years—billions of dollars. The Joint dural opposition and jurisdictional one, 1997, for the bipartisan way in which we Committee on Taxation has advised us having to do with bills sent from the were putting that legislation together, that 14 million families will make use House of Representatives and held at but he did say he would strongly op- of these accounts—14 million families. the desk and not referred to the Com- pose the measure of the Senator from A quick estimation there shows you mittee on Finance. Georgia. So, accordingly, that was somewhere around 20 million-plus chil- Mr. COVERDELL. I appreciate that. taken out in conference in order for the dren, approaching half of children in Mr. MOYNIHAN. And also having to whole bill to be approved. America’s schools, will be beneficiaries do with the season of the year. I ask unanimous consent that the to some degree of these accounts. Mr. COVERDELL. I appreciate the President’s letter be printed in the It baffles me that some in the profes- general remarks. RECORD. sional system, the National Education Mr. MOYNIHAN. Mr. President, in an There being no objection, the letter Association, oppose this. They want to op-ed article in the New York Times on was ordered to be printed in the Tuesday, Richard Leone, who is the believe and others to think that—I RECORD, as follows: think the line is that it only will help president of the 20th Century Fund, an THE WHITE HOUSE, wealthy people and that it will only eminent New York City institution, re- Washington, July 29, 1997. support religious schools. Both asser- marked, ‘‘Last week, the House of Rep- Hon. TRENT LOTT, tions are utterly false. resentatives took time out from beat- Majority Leader, U.S. Senate, I have been stunned by an organiza- ing up on the Internal Revenue Service Washington, DC. tion of this character being so mislead- to approve a fresh tax loophole.’’ DEAR MR. LEADER: I want to again thank ing about a matter of public policy. I have had occasion to comment that you for working in a productive, bipartisan You would think that an organization on July 31, when we voted 92 to 8 to ap- manner to develop this bipartisan budget associated with schooling and role prove an 820-page addition to the Inter- agreement. I feel particularly good about the nal Revenue Code, the only copy of the strong education package that is included in modeling for young people could do a the tax bill. As you know, in working out the little better job of being candid and bill in this Chamber was in the posses- final agreement, I strongly opposed the straightforward about their opposition. sion of our most distinguished tax Coverdell amendment. I would veto any tax It has had some effect, because many counsel, Mr. Giordano. package that would undermine public edu- people think the savings account is the Somewhat furtively, Members would cation by providing tax benefits for private equivalent of a voucher. A voucher— come up and ask if they could just and parochial school expenses. which I support; they don’t—but a check whether their provision was in Sincerely, voucher is the redistribution of public the bill. We might have charged for BILL CLINTON. money. In other words, the money that service. We did not, in the public Mr. MOYNIHAN. I thank the Chair. raised from the public for taxes, prop- spirit of the occasion. But it was no One further point. After a very great erty taxes or the like, is given to the way to legislate taxation. deal of effort and not inconsiderable family and they can move it to any In that spirit, I simply want to say amount of pain, we have brought the point they would like. That is a vouch- that neither, at this time and in this Federal budget into balance. I stood er. This is a savings account. This is manner, ought we to be approving a here in 1993, or rather my good friend, not public money. This is private after- new provision providing for expansion now Ambassador to China, Mr. Sasser, tax money. And we are not taxing the of IRA’s that would cost us $4 billion as chairman of the Budget Committee, buildup. over 10 years. That is in addition to the stood here and I stood there as chair- Under their definition of public $38 billion in new IRA’s which we man of the Finance Committee, and in money, I guess the capital gains tax re- passed on July 31. There was an edu- a very close and dramatic moment, we duction would be a voucher because we cation IRA, and I am happy to say a got the required 51 votes to enact what have left money in someone’s checking Roth IRA. Our distinguished chairman I have since acknowledged to be the account and they can use it some way is to have the satisfaction, I hope it is, largest tax increase in history. But it they choose. But, in any event, the al- of seeing in bank windows around the broke the back of the expectation that legation is that it is for the wealthy country, ‘‘Roth IRA available for pur- we could never handle our finances, and that it supports religious schools. chase,’’ which people will be wise to do. that interest rates had to be high, the Here are the facts. According to the The tax legislation for this session of inflation premium attendant on the Joint Committee on Taxation, of the 14 the 105th Congress is concluded. We probability that we would end up mon- million families that will use these ac- will resume next year. I hope we don’t etizing the debt because we couldn’t counts, 10.8 million of them will be in resume with too much energy. It is a pay for it. Monetizing is a term by families whose children are in public fact that we impose upon the Internal which you inflate the currency and schools; 70 percent of the funds gen- Revenue Service, and upon the citi- lower the cost of the debt. erated, this enrichment, this additional zenry much more than the Internal We did it, and the deficit has gone effort and energy coming behind our Revenue Service, incredibly complex down. We have this most extraor- school system, private and voluntary, measures which defy assessment in so dinary, unprecedented, somewhat dif- will go to support public schools—70 many cases. And we do it while calling ficult-to-comprehend situation of full October 31, 1997 CONGRESSIONAL RECORD — SENATE S11505 employment, low inflation, low inter- Finance Committee and by the full tax bill, of all things, in the final days est rates, high productivity. Fuller em- Senate. One such priority is the income of this session. This is no time for this ployment than we ever thought was exclusion for employer-provided edu- tax bill or any other tax bill. But if our compatible with the interest situation. cational assistance, which is Section friends in the majority insist on going We are in a new economic setting, and 127 of the Internal Revenue Code. It is forward, I believe they will find that by March, I would think, the continued probably the single-most successful tax Senators on this side—and doubtless on revenues to the Treasury would be such incentive for education we have. In the their side, too—will be ready with that the deficit will have disappeared. tax bill that emerged from the Finance amendments by the dozens. We have talked about the deficit, not Committee in June, we made section I thank the Chair and yield the floor. always in the calmest tones, for a dec- 127 permanent and we applied it to I thank the Chair for his courtesy, ade now. We finally balanced the budg- graduate school. Unfortunately, when and I thank my friend. et, and what do we suddenly see? More the tax bill came back from con- Mr. COVERDELL addressed the and more proposals for cutting taxes ference, this provision was limited to a Chair. through one form or another, losing 3-year extension only for undergradu- The PRESIDING OFFICER. The Sen- revenue so we will get the deficit back ates. ator from Georgia. again. Proponents of the pending legislation Mr. COVERDELL. Mr. President, I Mr. President, the time is at hand, if speak of a crisis in our elementary and thank the Senator for his generous re- I may say, to use the deficit to reduce secondary schools. There is no more marks addressed toward me at the ini- the debt. We now spend almost as much compelling illustration of this than the tial opening of his statement. I appre- money on interest payments as we do state of the infrastructure of these ciate that very much. on defense. That is not a proportionate schools. During the debate last summer I now yield up to 4 minutes to my set of values of interests, of priorities. on the tax and spending legislation, good colleague from Connecticut. I We ought to start reducing the debt. Senators CAROL MOSELEY-BRAUN and want to just say that he, Senator For every dollar of public debt that we BOB GRAHAM brought the issue of crum- LIEBERMAN, has been at the forefront of reduce, we get $1 of private savings, bling schools to our attention, and education reform for more years than private investment, which, in turn, will they continue to be eager to address it. I. He is very dedicated to these propos- produce revenue, and on one hand, it If we feel we must spend $4 billion, why als, and his support of this measure has will reduce costs of interest payments, not spend it to insure that schools have been personally and publicly appre- and on the other hand, it will increase heat this winter? ciated. revenue. We are short of savings. I There are also tax policy concerns The PRESIDING OFFICER. The Sen- know the concern of the Senator from with this bill. First, complexity. Even ator from Connecticut. Georgia is savings, but at this moment, as we hear ever louder calls to scrap Mr. LIEBERMAN. I thank the Chair I would like to say we will take this up the code, we have before us a bill that and thank my friend and colleague next year. This has not been referred to would create a maze of rules in at- from Georgia for his very kind com- the Finance Committee. It is a House tempting to define what constitutes a ments. May I say, with his leadership measure held at the desk in the last ‘‘qualified elementary and secondary on this issue, he has come right to the hours of the first session of the 105th education expense.’’ The bill states forefront of the national movement for Congress. I hope that we will put it off that qualified elementary and second- education reform. until next year when it will receive a ary school expenses include expenses Let me say first, briefly, how grate- goodly consideration. I can’t say I for tuition, computers, and transpor- ful I am, and I know the Senate across know this to be Chairman ROTH’s in- tation required for enrollment or at- party lines, for the bipartisan leader- tention, but I cannot doubt it is his in- tendance at a K–12 institution, and for ship for the agreement that was tention, such as it is his manner in all home schooling. There is no further achieved yesterday on scheduling the these issues. definition. For example, would it be consideration by the Senate of cam- But to say again, the measure before possible to withdraw money from these paign finance reform, which is impor- us would spend $4 billion over 10 years accounts to purchase the family car? I tant in its own right because of the sig- to increase the contribution limit for don’t know, but you can’t find the an- nificance of that effort, but also impor- education IRA’s from $500 to $2,500 per swer in the text of this bill. tant because it frees us now to ap- year, provide for tax-free build-up of Under the bill, the ability to contrib- proach on the merits issues such as the earnings in such accounts, and tax- ute funds for elementary and secondary this. free withdrawals for an array of ex- education expenses is proposed to sun- I am proud to be a cosponsor of this penses relating to elementary and sec- set after 2002. However, money contrib- Education Savings Act for Public and ondary education. The bill comes to uted through 2002 could still be used for Private Schools. It is a bipartisan co- this floor directly from the House; it such expenses. It will be up to the tax- sponsorship, as will be clear from those has not been considered by the Finance payer to track—and the IRS to exam- who speak on behalf of it. Committee. ine—when funds were contributed, and Mr. President, it seems to me that of With great respect to the sponsor of whether they can be used for only ele- all the challenges that we have before the bill, the distinguished Senator mentary and secondary education, only us as we try to make this great coun- from Georgia, I do not believe the Sen- higher education, or both. try of ours even greater and spread the ate should take up this legislation at The administration estimates that 70 opportunities beyond those who have this time. It was just 3 months ago percent of the benefits of the bill go to them best now, the most important that we passed the Taxpayer Relief Act the top 20 percent of income earners, place we can invest is in education, the of 1997, which included a net tax cut of taxpayers with annual incomes above education of our children. $95 billion over 5 years and $275 billion $93,000. Tax benefits to taxpayers below As we look at the education system over 10 years. At a cost of $38 billion that level are estimated to be nominal. in our country, I think we can say with over 10 years, that act created the edu- If the proponents are truly concerned some pride that the system of higher cation IRA and the Roth IRA, and sig- about the middle class, the tax benefits education is really doing quite well, nificantly expanded existing IRA’s and should be targeted there. In order to but that it is the elementary and sec- the tax benefits of State-sponsored pre- accomplish this, the income limits ondary schools, in making sure that paid college tuition plans. And now, we that apply to this bill would have to be our children get a good start on the are asked to expand those recent IRA lowered, and the ability to circumvent road to education and self-sufficiency, changes even further. those limits would have to be pre- that really need help. As well intentioned as this legisla- vented. There are a lot of good things hap- tion is, surely there are many other Mr. President, I appreciate the good pening in our public and private and priorities that should take precedence will of the sponsors of this legislation, faith-based schools, but too many of if we are serious about doing some- which we will be happy to consider in our kids are still being educated in thing for education. Priorities that the Finance Committee in the next schools that are either in terrible have been thoroughly considered in the season. But please let us not take up a shape physically, schools in which S11506 CONGRESSIONAL RECORD — SENATE October 31, 1997 their personal security is threatened Mr. COVERDELL. Mr. President, I portunities in the education of my chil- by crime in the schools, or schools in appreciate very much the remarks of dren. Far too many parents find that which there is not adequate teaching the Senator from Connecticut. He has their hopes to provide the best edu- and innovation going on. made excellent points. This has already cation for their children are crushed as This measure is a classic attempt to been passed by 59 votes in the Senate. they realize the costs involved in ac- create a partnership between the Gov- It has been passed by the House. It is complishing this task. ernment and families and businesses to an extension of a proposal that both Contrary to popular myth, 75 percent help people better educate their chil- bodies overwhelmingly passed. I am of the children who would benefit from dren at the elementary and secondary fearful that we are in the midst of a fil- this bill are public school students. The level. It is a tax incentive, a small one. ibuster attempt by special interests to new estimates released by the Joint It is like dropping that pebble into the block it, but we are going to stay at it, Tax Committee disprove the claim that lake, and it is going to create ripples filibuster or not. public school revenues would be re- out for individual children and for our I now yield up to 4 minutes to the duced by what is referred to as the A- society that I think will be dramatic. distinguished Senator from Colorado. plus accounts. I want to make just a few points. The PRESIDING OFFICER. The Sen- The Joint Tax Committee estimates This recommendation of these edu- ator from Colorado is recognized for up that by the year 2000, 14 million stu- cational savings accounts builds ex- to 4 minutes. dents would be able to benefit from actly on the higher education savings Mr. ALLARD. Thank you, Mr. Presi- this bill with 90 percent of those fami- accounts that we adopted just a few dent. lies earning between $15,000 and $100,000 months ago with broad bipartisan sup- I thank the Senator from Georgia for a year. port. In that case, you could put $500 yielding. And I compliment him on his Mr. President, this is an important in. The income would be tax free, par- leadership, particularly on educational piece of legislation. It empowers fami- ticularly if you took it out for years in issues. lies, and it empowers them to control higher education. It had income limits Today, I am here to encourage my the education of their family and meet in it for means testing, if you will. colleagues to support legislation which their special needs. So I am absolutely This proposal of ours takes that idea will open doors of educational opportu- thrilled with the leadership that the and simply extends it to K–12 edu- nities to the parents and children Senator from Georgia is showing in cation, with one big change—two, I throughout our Nation. Education sav- this regard. If my time is running out, suppose. One is that you can put in not ings accounts are a sensible step to- I yield the remainder of my time back just $500 but $2,500 in and others can in- ward solving our education crisis in to the Senator from Georgia. vest in those accounts—grandparents, America by allowing families to use The PRESIDING OFFICER. The Sen- uncles, aunts, businesses. I wouldn’t be their own money—to use their own ator’s time has expired. surprised, if this is adopted, that labor money—to pay for their child’s edu- Mr. ROTH. Mr. President, the re- unions will begin to negotiate with cation needs. spected historian and biographer, their employers to put matching con- This bill would empower parents with David McCullough, recently reminded tributions into the savings accounts financial tools to provide all the needs us of the importance of education. for their kids. they recognize in their children, needs Quoting John Adams, Professor The point I want to make is this. A that teachers or administrators cannot McCullough wrote: ‘‘Laws for the . . . lot of anxiety and opposition has been expressed about this proposal. It is the be trusted to address in the same way education of youth are so extremely same proposal that most of us voted for that a parent can. wise and useful that to a humane and These accounts would provide fami- enthusiastically just a few months ago generous mind no expense for this pur- lies the ability to save for extra fees for higher education. So why is it so pose would be thought extravagant.’’ frightening now and it was so much ac- that they might incur, have to deal Today we consider a law that will go cepted before? Why was it middle-class- with, when they are sending their chil- a long way toward helping parents pro- tax relief then and it is now some sort dren to public schools, fees that may be vide educational opportunities for their of giveaway to wealthy people? necessary to pay for computers or children—a law that will benefit stu- I think if you focus on the merits of maybe they want to go down and buy dents, whether they attend public this, understand what independent their own computer to help with their schools or private. analysis has told us that 70 percent of child’s education, maybe some tutoring This bill, which is sponsored by our those who will benefit from this will be needs within the family, maybe they distinguished colleague Senator sending their kids to public school, need to prepare for the SAT. COVERDELL, and which has broad bipar- that it can be used not just for tuition Transportation costs could also be an tisan support, expands the education payments but for a broad array of sup- educational need, particularly in rural savings IRA. It allows families to save port services—transportation, home areas, or maybe special circumstances up to $2,500 a year, and to use this schooling, purchasing a computer, et that would allow a family to consider money to pay for educational expenses cetera. some private alternatives as opposed to for their children attending school, This is the kind of program that public education. from kindergarten to 12th grade. dreams are made of, that dreams are Handicapped children, for example, I This, as John Adams would say, is a realized from. Parents who are working think could really benefit from this be- wise bill. It is one that will go a long hard trying to find a better way for cause they do have special needs. This way toward helping our families meet their children will be able to put a lit- encourages the family of the handi- the rising costs associated with school- tle money in these accounts or have capped to meet those special needs and ing. It will go a long way toward help- some relatives put some money in, or to pay the costs that they may incur ing our children receive quality edu- convince the employer to put some and still send them to a public school. cations. And it will pay dividends to money in and make it easier for them This kind of tax relief is especially America, itself, as these children—bet- to take their children and put them in important for parents who are working ter educated and more prepared—be- the schools where they want them, two jobs with no extra time to help come the parents, educators, scientists, public or private or faith-based, or give with homework or those who do not businessmen, and businesswomen of to- the kids the support they need to get feel adequate in their own knowledge morrow. the better education. to tutor their children. Not too long ago, the Finance Com- I think this is a good proposal whose As parents, I know that my wife and mittee held hearings to look into the time has come, and I am proud to be a I were the best judges of our children’s rising costs associated with education, cosponsor. I thank Senator COVERDELL needs, and I am proud of the way they and the pressure those costs place on for his leadership on this, and I yield have developed. As all parents realize, I parents and families. What we found the floor. knew that I was in the best position to was rather alarming. Today, parents The PRESIDING OFFICER (Mr. address their needs. I would have wel- are under an enormous burden when it BROWNBACK). The Senator from Geor- comed an opportunity to accrue tax- comes to paying for education. And the gia. free interest to help pay for more op- costs continue to rise. October 31, 1997 CONGRESSIONAL RECORD — SENATE S11507 We designed the Taxpayer Relief Act good for families, good for children, this vote effectively will shut off that of 1997 to help parents and students off- and good for the future of America. It debate. set some of these costs. For example: builds on the foundation we set with I have filed two amendments to this We created an education savings IRA the Taxpayer Relief Act of 1997. It pro- tax bill, both relating to the issue of to allow parents to save for higher edu- vides flexibility as well as opportunity, school repair and construction. Our cation. and it is a necessary step toward pro- buildings, as many parents know, are We expanded the tax-deferred treat- viding parents with the tools and re- literally falling down around our chil- ment of State-sponsored prepaid tui- sources they need to help their chil- dren. They certainly cannot learn in tion plans. dren prepare for the future. those kinds of environments. We restored the tax deduction on stu- Mr. D’AMATO. Mr. President, I rise I know of other amendments that dent loan interest. in support of the A plus Education Sav- have been filed relating to a variety of And, we extended the tax-free treat- ings Accounts Act which will provide issues touching on this legislation—all ment of employer-provided educational families—an estimated 14.3 million amendments relevant to the consider- assistance. families by 2002—with the opportunity ation of this tax bill—but, again, those Each of these measures will go a long to save for their children’s education, Senators who have offered those way toward helping our students and an investment by parents for their amendments will not have the oppor- their families handle the burden asso- children’s future. tunity to offer their amendments if ciated with education. Personally, I Education savings accounts allow cloture is invoked. would have liked to see stronger meas- parents, grandparents and scholarship Mr. President, I think those reasons ures in each of these areas. The Senate sponsors to contribute up to $2,500 a should be enough for every Member of version of the Taxpayer Relief Act ac- year per child for an account that will this body to vote against cloture, be- tually contained stronger provisions, be used for a child’s education. The in- cause, if nothing else, this is supposed and I introduced them as a separate terest accrued will be tax-free as long to be a deliberative body, and we are bill the very day that we passed the as the funds are used to further the supposed to have the opportunity to Taxpayer Relief Act. best possible education for their chil- talk about ideas, to really fully explore The legislation we’re considering dren. them, to talk about them in a public today—which Senator COVERDELL has The funds saved by parents must be way so that the people who listen to introduced in the Senate—is in keeping used for educational purposes—and can these debates have a chance to know with the spirit and emphasis of our ef- include expenses for home computers, what it is that we are voting on. But forts. It expands the education savings tutoring for children with special needs this bill has not had that. In fact, what IRA that we passed in the Taxpayer or tuition for a private school. The it sets up is another set of tax expendi- Relief Act of 1997. It allows the IRA to money will be used in the most effi- tures without any consideration of the be used to help families finance school- cient manner because it will be the implications or the impacts of that ex- related needs for their children begin- parents who make the decision on how penditure. ning in their kindergarten years and to use the money. To use the term ‘‘tax expenditure’’— covers them all the way through high These education savings accounts for the average citizen, the words ‘‘tax school. It raises the yearly contribu- leave public resources in public schools expenditure’’ do not have a lot of reso- tion amount from $500 to $2,500. and let parents use their own money to nance, do not have a lot of meaning. It allows savings from the IRA to be augment education for their most pre- I want you to think about, for a mo- used for both public and private cious investment—their children. ment, spending from two perspectives: schools. For example, money could be This is a common sense approach—an Spending out of the front door and withdrawn to pay for tuition, fees and education reform that gives control spending out of the backdoor. books for children attending private back to parents, improving education Front-door spending includes appro- school. It could also be withdrawn to for their children. priations, and everybody can relate to pay for computers, uniforms, instru- We must encourage parental involve- those. You see it on a bill. Bills that we ments, books, supplies, and other edu- ment in their child’s education, and pass, they say: We are going to spend cational needs for children in public this is an excellent way to allow that this much for that purpose or this schools. In addition, Mr. President, involvement, making the education much for that purpose. The appropria- this expanded IRA can be used for chil- system more responsive to parents. tions spending, front-door spending, is dren with special needs throughout Ms. MOSELEY-BRAUN addressed the obvious. It is apparent. The public can their lives. Chair. understand it. It is simple. Everybody This legislation does not engender a The PRESIDING OFFICER. The Sen- knows what the deal is, whether it is public versus private debate. It is fair ator from Illinois. spending for a bridge or somebody’s and good for families and children who Ms. MOSELEY-BRAUN. Mr. Presi- boondoggle. Appropriations for front- elect either form of education. It is fo- dent, as a member of the Senate Fi- door spending is apparent and obvious cused on middle-income families— nance Committee, I join Senator MOY- spending. those who are most pinched by the ris- NIHAN in his objection to this legisla- This plan we are considering today ing costs of education. It provides tion on procedural grounds. As a mem- goes in the other direction, of the non- these families with the tools they need ber of that committee, I can attest to obvious spending for what is called tax to have the freedom to select which- the fact that we have had no hearings expenditures. We can debate tax ex- ever form of education they feel is best at all on this legislation. The issue has penditures for a while, but the point is, for their children. not come up in committee. In fact, as I call it backdoor spending because es- According to estimates by the Joint far as I know, there is no precedence sentially what it is is it is spending Committee on Taxation, the vast ma- for bringing a House-passed tax bill to that takes place when you carve out an jority of withdrawn funds from these the Senate floor without any commit- exception for somebody who otherwise expanded IRAs will go for public school tee consideration whatsoever, without was paying taxes, where you say every- children. Over 10 million families with a single hearing or markup, and then body has to pay taxes, but as to this children in public schools will use immediately subjecting that matter to little group here, taxes will not have to these educational savings accounts, as a vote to close off debate. be paid. So that then means that ev- opposed to a little over 2 million fami- That is what this is about. If cloture erybody else who is left has to make up lies with children in private schools. is invoked, it would limit the ability of that little hole that is created. That is The expanded education savings IRA’s Senators, those on the Finance Com- what we mean by loopholes. That is are completely paid for, as revenue loss mittee and everybody else, for that what we mean by tax expenditures. will be fully offset by repealing an abu- matter, to offer amendments. Members And this is such a tax expenditure. sive vacation and severance pay ac- of the Finance Committee, Members of This is not only a tax expenditure, it is crual technique. this body have not had an opportunity $4 billion tax expenditure. Again, Mr. President, this legislation to offer amendments, have not had an I would have thought at a minimum has strong bipartisan support. It is opportunity to debate this matter, and we would have had a chance to have S11508 CONGRESSIONAL RECORD — SENATE October 31, 1997 this up in committee and have had to would see only $32 in benefits in a the ladder of opportunity in this coun- have witnesses testify on it and to have given year. try are crafted in the classroom. The at least amendments on this floor. Families in the third income quin- kind of education that a child gets not None of that has been made available tile—those earning at least $33,000— only is important to that child as an with regard to this bill. would get only $7 per year. So $7 for individual, but to our community as a There are times, Mr. President, when the middle-class families earning be- whole. tax expenditures really do make sense, tween $33,000 and $55,000 a year—$7. It just seems to me that we cannot where we take the position that it Families in the first and second in- afford to lose a single child. We cannot makes more sense to say, as to this come quintiles—those earning less afford to triage our educational sys- universe of people, this little group than $33,000—would get virtually noth- tem, cutting off the schools that have should not have to pay taxes, this loop- ing from this plan. And you can see to deal with the problem cases, that hole serves a legitimate function and it that on the chart. have to deal with the poorest students, is an efficient way to do or to effect So really what you wind up with is a and letting everybody else go out and whatever policy it is that we are trying tax expenditure that creates a loop- take advantage of tax loopholes to pro- to achieve. There are some times when hole, backdoor spending that will bene- it is efficient. fit rich people. vide themselves education in another So for a moment, for purposes of this All of my colleagues who have had venue altogether. debate, let us take a look at the effi- doubts about—and we have debated in Mr. President, the distributional ef- ciency of this tax expenditure, whether other contexts the voucher plans, and fects of this tax expenditure really are or not the taxpayers who are going to this and that and the other, and how to easily explainable. Again, had we had a have to make up this $4 billion dif- approach education finance in these chance to talk about this in commit- ference, whether or not they will get times. We need to have that debate be- tee, we would have had that kind of de- the bang for their buck, whether or not cause there is no question but that we bate. But to talk about why this works it makes sense for us to spend money have great challenges before us in out this way, if you think about it, through the back door in this way. terms of the reform of schools and pro- low- and moderate-income families, The truth is that this plan will bene- viding reform of the schools so that people that make $33,000 a year are fit only the wealthy. According to the this generation of children will have an having a hard enough time putting Treasury Department, which has ana- opportunity at least as great as the food on the table for their families as lyzed this proposed tax scheme and cal- last generation gave all of us in this opposed to being able to just salt away culated what are called its distribu- Chamber. and save an additional $2,500 a year, tional effects—that is to say, who gets At the core, this debate is about what which is at the core of this proposal. the benefit of the tax benefit; what kind of educational system are we It should be apparent—maybe it kind of bang for the buck do you get going to have. I was a product of the isn’t—the contradiction in this pro- for this spending out of the back Chicago public schools. I am proud to posal. It calls itself ‘‘an education indi- door?—70 percent of the benefits in this say that, because the public schools in proposal would go to the top 20 percent Chicago gave me a quality education in vidual retirement account.’’ The fact of of the income scale, that is to say, fam- a time when my parents certainly the matter is, retirement accounts are ilies with annual incomes of at least could not afford to send us to private supposed to be for people in their sun- $93,222 would get the majority of the schools. They did, from time to time, set years, money put away for retire- benefits in this bill. Fully 84 percent of choose the private and the parochial ment when they can no longer work. If the benefits would go to families mak- schools in the area. And I went to you say we are going to use that vehi- ing more than $75,000 a year. Catholic school myself on a couple of cle to let people use money for a lot of The poorest families in this country, occasions. other things, then you are, by defini- those in the bottom 20 percent of the But the fact is that the public tion, defeating the notion that people income scale, would receive 0.4 percent schools in my neighborhood were good will be able to save, put secure money of the benefits of this spending out of public schools. So it was a legitimate away, and let it build up so they can the back door. set of choices. We had good public retire on it. Let me say that again: 0.4 percent, schools, good Catholic schools, good This says, OK, we will use the vehicle less than one-half of 1 percent, of the private schools. We could choose be- for the retirement account model to let benefits go to the 20 percent of the pop- tween good and good and good. So it people save for private education. As- ulation of this country who have the was just a matter of the nuances of the suming for a moment that made sense, least money. educational opportunity that our par- again, what do you do when you have a These bars on this chart here really ents wanted to give us that made the situation where the people who need it set this out. These are not my num- difference in their decisionmaking. the most get it the least? What do you bers. These are Department of the As we have gotten to this time, we do when people who are making $33,000 Treasury’s numbers. Quite frankly, we are really challenged by the fact that a year who can’t salt away $2,500 a year would have had a chance to debate this there is not the kind of equal choice for this, who can’t build up the interest had the bill come up through commit- among and between educational oppor- in the accounts? That is an important tee in the normal and ordinary course tunities for these young people. Very part of this—who can’t build up the in- of things. But since we did not get that often—all too often—the public schools terest in these accounts. What happens chance, we just were kind of surprised are troubled. Everybody who has given to them in this situation? They wind with having to vote for cloture on this up on trying to fix public education, fix up being left out in the cold. bill today. We have not really had a the public schools, says, ‘‘OK. Fine. To If we are thinking about the bang for chance to thrash through these num- heck with them. Let’s go create some- the buck for tax expenditures, this bers. thing else. Let’s go support something But anyway, the Department of the else. Let’s go voucher out over here. backdoor set of expenditures, it seems Treasury tells us that in this legisla- Let’s send our kids to the Catholic to me, it is the taxpayers who are tion, the lowest 20 percent, as you can schools. And let’s go to the private going to be called on to help make up see, get the lowest amount out of this schools,’’ or whatever. the difference with the loophole we legislation. The highest income people They will come up with alternatives have created, and they will get the get the highest amount. Families in as opposed to confronting and facing least from it. the highest income quintile would reap what do we do about providing quality Mr. President, there is another whole $96 a year in benefits from this bill, public education to every child that set of issues in this bill that, again, that is to say, families with incomes will allow every child the same oppor- had we been able to talk about it in over $93,000 a year. They would see $96 tunity, will allow every child a chance committee we could have gone further of benefits in an average year. to climb up the ladder of opportunity. in understanding the meaning of the Those in the fourth quintile—those Because, after all, Mr. President, as I actual language of the legislation. The earning more than $55,000 a year— think everybody is aware, the rungs on bill defines ‘‘qualified elementary and October 31, 1997 CONGRESSIONAL RECORD — SENATE S11509 secondary education expenses’’ as ‘‘tui- come limitations on the education sav- have the most troubled schools. Why? tion, fees, tutoring, special needs serv- ings accounts as ‘‘porous.’’ Because you have tied education to ices, books, supplies, computer equip- Mr. President, in addition to benefit- fixed incomes or to declining tax bases. ment . . . and other equipment, trans- ting only the wealthy and being writ- We have a General Accounting Office portation, and supplementary expenses ten in such as way as to be virtually study, in fact, that shows that the required for the enrollment or attend- unadministrable, there is yet another poorest areas in the country make the ance of the designated beneficiary of problem with this bill which leads me most tax effort to try to pay for their the trust at a public, private or reli- to believe we are considering this bill schools. It seems to me, Mr. President, gious school.’’ mostly for symbolic reasons. In order that with all these issues to take up In addition, the bill provides a ‘‘Spe- to meet the revenue figures required by and with all of the challenges to reform cial rule for home schooling’’ so any of the offset that has been chosen, the bill public education so that every child in the above expenses qualify if the child only allows contributions to be made America can access a quality edu- is home schooled. to the new education IRA’s for elemen- cation, we ought to do that in the con- I just read it off, and I have the tary and secondary education for the text of having open debate, not trying words in front of me, what does any of next 5 years. to shut off debate on something that, this mean? What does ‘‘required trans- Mr. President, the purpose of IRA’s is again, effectively only helps the portation expenses for home schooled to encourage long-term savings. The wealthiest Americans. child’’ mean? If you are staying at proposal before us today makes a I urge my colleagues to reject this re- home, do you still get a transportation mockery of this concept, by allowing treat from public education, to reject deduction? Does that mean a new car contributions for only a 5-year period. this retreat from education reform, to for mom and dad? What does that In so doing, it also creates a situation oppose this measure, and to vote mean? We don’t have enough informa- where everyone who puts money into against cloture. tion to make decisions about the $4 bil- these accounts will need to hire ac- The PRESIDING OFFICER. The Sen- lion expenditure without having debate countants to figure out what they are ator from Georgia. in this committee. allowed to do and how much they are Mr. COVERDELL. I understand the Now, given the broad nature of the allowed to various education and edu- leadership on the other side and the language of the bill, the possibilities cation-related activities. NEA are endeavoring to filibuster this for abuse are almost limitless, except The bill allows contributions of up to proposal, but they will not succeed in for one caveat: The ability to use these $2,500 for the first 5 years. These con- the long run. This is going to happen. provisions and reap the benefits of this tributions, and the interest earned on I do want to respond quickly to sev- broad statute would be restricted, these contributions, could then be eral of the remarks of the Senator from again, almost exclusively to the withdrawn at any time to meet certain Illinois. First, the figures from the wealthiest Americans. education expenses from kindergarten Treasury Department have been ridi- Now, it is OK to say we want to give through college. After the first 5 years, culed and rejected. They have abso- rich people tax cuts. If that is the argu- however, the bill limits contributions lutely no credibility. That is the same ment, that is fine. But it seems to me to $500. These contributions, and the formula they used to try to discredit it is not altogether appropriate to interest earned on these contributions, the other tax relief. They used imputed dress it up and say that we are doing could then be withdrawn only to meet income —if you rent your house, that this for the poor children of America certain higher education expenses. sort of thing. when, in fact, this is a tax subsidy for Over a long period of time, the bill thus The Joint Committee on Taxation wealthy people. And they just got a tax creates a situation where some amount says 75 percent of all these proceeds cut. It would be different if they had of the interest that has accumulated in will go to people making $75,000 or less. not just gotten a tax cut. the accounts could be withdrawn for Ms. MOSELEY-BRAUN. Will the Sen- An argument in the Finance Commit- one purpose, while other interest that ator yield? tee with the last bill—which I sup- has accumulated concurrently could Mr. COVERDELL. I cannot yield be- ported, the tax bill—was that we were only be withdrawn for another purpose. cause of the time. I know the Senator cutting taxes at that time in ways that To say that these accounts would be will appreciate that. would benefit the wealthiest Ameri- difficult to manage is an understate- I also want to point out that the for- cans. There are some people in the ment. mula that governs this account is the committee that didn’t have a problem Let me say this in closing, I encour- same one the Senator from Illinois with that, who said the wealthiest age my colleagues to redirect this re- voted for in the tax relief plan when Americans pay the most in taxes, they treat from quality public education in the IRA saving account was set up for should get the most back. If that is the this country. There is no question but higher education. It is identical. The argument, that is fine. But it seems to that we have to reform the public Senator from Illinois has already voted me somebody ought to say that. The school system. There is no question but for this account. The distribution of people ought to say that instead of that the Federal Government certainly the moneys is identical. In those ac- wrapping it up in ‘‘education reform needs to do more in terms of support- counts, like these accounts, 70 percent terms’’ when, in fact, the goal of edu- ing elementary and secondary edu- of it will go to families earning $75,000 cational reform, of saving our school cation. We are right now paying less or less. system, will not be achieved. than 6 percent of the cost of the public The Senate and House have already I have other specific concerns with schools in this country, which is not expressed themselves on it. It is means this legislation. fair. It is not fair to property tax- tested. It is the same formula your The bill attempts to limit the avail- payers. It is not fair to local taxpayers. President and my President requested ability of these educational savings ac- In the main, education funding comes be put in place. The same one that gov- counts to single-filers with annual in- out of the local property taxes all over erns those accounts, you and I both comes below $95,000, and joint-filers this country. If you ask anybody what voted for, as did the vast majority. It is with annual incomes below $160,000. is the tax they hate the most, it is the same formula on this account. During the Ways and Means markup, their local property taxes. Now, the Senator has suggested this however, the question was asked We are, for all intents and purposes, is something new. This is an IRA. They whether a wealthy taxpayer could tying the ability to fund the schools to have been here for 17 years. The Senate avoid this limitation by making a gift people who have fixed incomes and who already cast 59 votes for this account to the taxpayer’s child, who would then really don’t have the ability to pay in the tax relief proposal. The House make the contribution to the edu- more in property taxes. That is one of has passed it. This is not some new cation savings account. According to the reasons why the schools are trou- idea, snaking through the Halls of Con- the staff of the Joint Committee on bled, frankly, in so many areas of this gress. We have been dealing with IRA’s Taxation, the bill would permit such a country. Those communities that have for almost two decades. shell game, as long as the child earned the least property taxes, that have the The last point I make, and I under- less than $95,000. They described the in- least ability to expand in that regard, stand the misunderstanding because of S11510 CONGRESSIONAL RECORD — SENATE October 31, 1997 some of the administration views, I school, parochial school, if you choose mond, Gordon H. Smith, Bill Frist, want to remind the Senator that 70 a yeshiva, or in public schools—indeed, Mike DeWine, Larry E. Craig, Don percent of all these new resources the Joint Tax Committee has esti- Nickles, Connie Mack, Jeff Sessions, which would supplement education will mated 70 percent of this money will go Conrad Burns, Lauch Faircloth, Thad Cochran, and Wayne Allard. go to students in public schools. Public for public school students—by allowing schools are going to be the big winner families to plan, recognizing that a CALL OF THE ROLL here. And 10.8 million families with public school education, is no longer a The PRESIDING OFFICER. By unan- children in public schools will use matter of 8:30 in the morning to 3 imous consent, the quorum call has these accounts—so there will be an en- o’clock in the afternoon with just a been waived. richment of the public school system— teacher. The whole family has to get VOTE of the 14 million, so that means less involved. The PRESIDING OFFICER. The than 3 million will be in private Use this money to buy a home com- question is, Is it the sense of the Sen- schools. puter, pay for transportation after ate that debate on H.R. 2646, the A-plus education bill, shall be brought to a CLOTURE MOTION school so a student can get tutoring, Mr. COVERDELL. Mr. President, I extracurricular activities, or hire a close? The yeas and nays are required under now send a cloture motion to the desk public school teacher after school or on the rule, and the clerk will call the to H.R. 2646. weekends to get involved in tutoring. The PRESIDING OFFICER. The clo- It is the marshaling of family re- roll. The legislative clerk called the roll. ture motion having been presented sources, family involvement, to help Mr. FORD. I announce that the Sen- under rule XXII, the Chair directs the either complement that public edu- ator from Montana [Mr. BAUCUS], the clerk to read the motion. cation or allow for a private education. Senator from West Virginia [Mr. The legislative clerk read as follows: Now, the question becomes, is it ROCKEFELLER], and the Senator from CLOTURE MOTION wrong to even use these private re- Minnesota [Mr. WELLSTONE] are nec- sources to help with a private edu- We, the undersigned Senators, in accord- essarily absent. ance with the provisions of rule XXII of the cation? Unlike Senator COVERDELL, I I further announce that, if present Standing Rules of the Senate, do hereby have, through the years, opposed the and voting, the Senator from Min- move to bring to a close debate on H.R. 2646, use of vouchers, because I thought it nesota [Mr. WELLSTONE] would vote the Education Savings Act for Public and was a diversion of public resources at a Private Schools: ‘‘no.’’ time when the public schools cannot Trent Lott, Paul Coverdell, Robert F. The PRESIDING OFFICER. Are there Bennett, Pat Roberts, Strom Thur- afford the loss of resources. I had con- any other Senators in the Chamber de- mond, Gordon H. Smith, Bill Frist, stitutional reservations. On vouchers, siring to vote? Mike DeWine, Larry E. Craig, Don we can all differ. This is not a voucher. The yeas and nays resulted—yeas 56, Nickles, Connie Mack, Jeff Sessions, There is not a constitutional issue be- nays 41, as follows: Conrad Burns, Lauch Faircloth, Thad cause this is private money, not Gov- [Rollcall Vote No. 288 Leg.] Cochran, and Wayne Allard. ernment money. There is not an issue YEAS—56 Mr. COVERDELL. I yield the balance of compromising current resources for of my time to the distinguished col- Abraham Gorton McConnell public education because this is private Allard Gramm Murkowski league from New Jersey. money, and it is new money. Not a sin- Ashcroft Grams Nickles Mr. TORRICELLI. I thank the Sen- gle dollar is lost from the public Bennett Grassley Roberts ator from Georgia, Senator COVERDELL, schools by the use of these IRA’s. But Bond Gregg Roth for yielding time to me. I am very Brownback Hagel Santorum is it needed? For those who do not want Burns Hatch Sessions proud to join with him in offering this to address the problem of private edu- Campbell Helms Shelby proposal today. cation, does it really help the 90 per- Coats Hutchinson Smith (NH) Mr. President, I think there is a cent of American students who go to Cochran Hutchison Smith (OR) growing awareness in our country that Collins Inhofe Snowe public schools? Absolutely. President Coverdell Jeffords Specter the status quo in education is no Clinton has put a challenge down to Craig Kempthorne Stevens longer good enough, that there is a the country: By the year 2000, every D’Amato Kyl Thomas need for fundamental reform in the fi- DeWine Lieberman Thompson American school should be on line. But Domenici Lott Thurmond nancing and the standards and our ap- American students do their homework Enzi Lugar Torricelli proach to educating our children in the and research at home. Seventy percent Faircloth Mack Warner grade school and high school levels. of American students do not have a Frist McCain This legislation offers the promise of computer in the home. Eighty-five per- NAYS—41 a new beginning in how we approach cent of black and Hispanic students do Akaka Durbin Landrieu educational reform. In a time of lim- not have a computer at home. Under Biden Feingold Lautenberg Bingaman Feinstein Leahy ited budgets, as we seek to balance the Mr. COVERDELL’s proposal, that would Federal budget, we are marshaling pri- Boxer Ford Levin be allowed from these accounts. Breaux Glenn Mikulski vate resources. At a time when families Mr. President, I thank the Senator Bryan Graham Moseley-Braun have been separated from the challenge for yielding the time. I am very proud Bumpers Harkin Moynihan of educating their own children, we are Byrd Hollings Murray to join with him in offering the A-plus Chafee Inouye Reed challenging families to get involved accounts. Cleland Johnson Reid again. At a time when some are fight- I yield the floor. Conrad Kennedy Robb ing between private education and pub- The PRESIDING OFFICER. All time Daschle Kerrey Sarbanes lic education, we seek to help both. Dodd Kerry Wyden has expired. Dorgan Kohl Senator COVERDELL and I do this in CLOTURE MOTION what I think is an imaginative ap- NOT VOTING—3 The PRESIDING OFFICER. Under proach, what really is no more than an Baucus Rockefeller Wellstone the previous order, the clerk will re- extension of what President Clinton port the motion to invoke cloture on The PRESIDING OFFICER. On this proposed to do and achieve with his H.R. 2646. vote, the yeas are 56, the nays are 41. HOPE scholarships for colleges, we do The legislative clerk read as follows: Three-fifths of the Senators duly cho- for high schools and grade schools. sen and sworn not having voted in the CLOTURE MOTION We do it in the following fashion: It affirmative, the motion is rejected. is a challenge to all families of middle- We, the undersigned Senators, in accord- Mr. MOYNIHAN. Mr. President, I income status—$95,000 and below. From ance with the provisions of rule XXII of the move to reconsider the vote by which the time of the birth of your child, you, Standing Rules of the Senate, do hereby move to bring to a close debate on H.R. 2646, the motion was rejected. uncles, aunts, grandparents, can put the Education Savings Act for Public and Mr. LOTT. I move to lay that motion into a tax-free account, $10, $20, $100 a Private Schools. on the table. month, put money aside to prepare for Trent Lott, Paul Coverdell, Robert F. The motion to lay on the table was the education of your child. In private Bennett, Pat Roberts, Strom Thur- agreed to. October 31, 1997 CONGRESSIONAL RECORD — SENATE S11511 Mr. LOTT. Mr. President, I suggest opportunity on what the Armed Serv- next vote and our schedule, to com- the absence of a quorum. ices Committee believes is clearly a ment briefly on the cloture vote that The PRESIDING OFFICER. The level playing field. we have just taken. It is clear that clerk will call the roll. All 18 members of the Armed Serv- within our caucus there are varying po- The bill clerk proceeded to call the ices Committee have signed this con- sitions with regard to the Coverdell roll. ference report indicating their support bill. Obviously, it is our desire to ac- Mr. LOTT. Mr. President, I ask unan- of the compromise. The ranking mem- commodate all of our colleagues as we imous consent that the order for the ber of the committee, Senator LEVIN, attempt to work through those posi- quorum call be rescinded. supported the Senators from Texas and tions, for we recognize the importance The PRESIDING OFFICER. Without California up to the point when this of a good debate about the issue. objection, it is so ordered. compromise was negotiated. He and his The bill, as we all know, was brought Mr. LOTT. Mr. President, I ask unan- staff were totally involved in drafting to the floor in an unusual set of cir- imous consent that I be able to proceed and negotiating the compromise. Sen- cumstances. It passed the House and for 5 minutes notwithstanding rule ator LEVIN and I join in total support was not sent to the Finance Committee XXII. of this compromise which is fair and as most tax legislation is. It was sent The PRESIDING OFFICER. Without equitable to all parties. directly to the desk and pulled from objection, it is so ordered. This bill is important to the young the desk for consideration. And a clo- f men and women who serve in our mili- ture motion was filed immediately, ORDER OF PROCEDURE tary forces. The bill includes pay raises precluding Senators’ rights to offer and increases to special incentive pay amendments, including relevant Mr. LOTT. I do this, Mr. President, including vital aviator bonuses. Provi- amendments. So it was on the basis of just so that Senator DASCHLE and I can sions in this bill affect every aspect of procedure, and our inability to offer explain what is transpiring. our national defense including quality amendments, that many of my col- As you know, we are prepared now to of life initiatives, modernization, and leagues have chosen to oppose cloture go to the cloture vote on the DOD au- readiness. I remind all Senators that this morning. thorization conference report. How- all military construction projects re- It is my hope that we can work with ever, the interested parties on both quire an authorization as well as an ap- our colleagues to come up with an sides of the aisle and on both sides of propriation and cannot be executed agreement that will allow the consider- the issue involved, regarding the de- without this bill. ation of amendments. Democrats need pots, wanted a few minutes to talk All members of the committee sup- to protect their rights to offer amend- about what would be the situation be- port this bill. The House has already ments regardless of the legislation, but yond this, and so there are a lot of con- passed it by a veto-proof majority of especially on matters relating to tax versations going on now in the back of 286 to 123. The leaders of the Defense matters. And that is, in essence, the the Chamber. I would like to give them Department have indicated that they concern that we express in our opposi- a few more minutes to discuss the var- can make this compromise work and tion to cloture this morning. Let’s ious options. As soon as we then call that they need this bill passed. It is have a good debate. Let’s offer amend- off the quorum call, we would proceed hard for me to believe that any Sen- ments. Let’s have an opportunity to to a cloture vote. ator would oppose and delay the entire consider alternatives. But let’s ensure It is my thinking that we would Defense authorization bill at a time that the normal process, the regular probably go to this cloture vote, but it when American troops are deployed in order, is adhered to as we take up mat- is going to be a few more minutes be- Bosnia and trouble appears to be brew- ters of this import. fore we can actually proceed to that ing again in the Middle East. So that is, in essence, the situation vote. But we will not let it languish I strongly encourage all Senators to we find ourselves in this morning. On very long. The interested parties asked vote to invoke cloture on this bill. We the basis of procedure, given our inabil- for a few minutes to talk. That is what must send a strong signal to the White ity to offer amendments to the bill, we are doing. I realize Members have House to demonstrate to the President many of our colleagues found it nec- other commitments. But we will, prob- that this bill which is so important to essary to oppose cloture. It is my hope ably within the next 15 or 20 minutes, our national security should be passed that over the course of the next couple have some final decision, and then we now. I also ask the support of all Sen- of days we can come to some resolution will know whether we will have a vote ators to defeat any further attempts to with regard to amendments and there- on cloture at that point or not. delay this bill. Show the young men fore have the kind of debate we should Mr. THURMOND. Mr. President, in a and women in uniform serving our Na- have—the opportunity to discuss this few moments, the Senate will vote to tion around the world that we are issue and consider the bill in more de- invoke cloture on the Defense author- strongly behind them. tail. I believe that ultimately we can ization bill for fiscal year 1998. As all of I yield the floor. I observe the ab- resolve this impasse. you know, we have had a difficult time sence of a quorum, Mr. President. I thank Senators for giving me the getting to this point. After months of The PRESIDING OFFICER. The opportunity to provide that expla- negotiating on the depot maintenance clerk will call the roll. nation. I yield the floor and suggest issue, we finally achieved a break- The bill clerk proceeded to call the the absence of a quorum. through when those Members of Con- roll. The PRESIDING OFFICER. The gress who have depots agreed to a com- Mr. DASCHLE. Mr. President, I ask clerk will call the roll. promise heretofore believed to be unanimous consent that the order for The assistant legislative clerk pro- unachievable. the quorum call be rescinded. ceeded to call the roll. Those Members who have depots gave The PRESIDING OFFICER (Mr. BEN- Mr. LOTT. Mr. President, I ask unan- up on issues extremely important to NETT). Is there objection? imous consent that the order for the them substantively and politically. At Without objection, it is so ordered. quorum call be rescinded. that time, those of us who had worked Mr. DASCHLE. Mr. President, I move The PRESIDING OFFICER. Without over many months to achieve such a to waive rule XXII to use a couple min- objection, it is so ordered. compromise believed that we could fi- utes of my leader time. Mr. LOTT. I think we are ready to go nally put this very divisive issue be- The PRESIDING OFFICER. Without with the regular order. hind us. It was simply unthinkable to objection, it is so ordered. f us that after those with depots had f come so far toward the other side’s po- CLOTURE MOTION sition that the Senators from Texas EDUCATION SAVINGS ACT FOR The PRESIDING OFFICER. By unan- and California would oppose this com- PUBLIC AND PRIVATE SCHOOLS imous consent, pursuant to rule XXII, promise. They have always said they Mr. DASCHLE. Mr. President, I the Chair lays before the Senate the only wanted the opportunity to com- thought I would just take a moment pending cloture motion, which the pete. This compromise gives them that while we were negotiating here on the clerk will report. S11512 CONGRESSIONAL RECORD — SENATE October 31, 1997 The assistant legislative clerk read NAYS—2 The PRESIDING OFFICER. The mo- as follows: Hollings Kohl tion is withdrawn. CLOTURE MOTION NOT VOTING—5 f We, the undersigned Senators, in accord- Baucus McCain Wellstone MORNING BUSINESS ance with the provisions of rule XXII of the Mack Rockefeller Mr. LOTT. I ask unanimous consent Standing Rules of the Senate, do hereby The PRESIDING OFFICER. On this move to bring to a close debate on the mo- there now be a period for morning busi- tion to proceed to the conference report to vote, the yeas are 93, the nays are 2. ness until the hour of 2 p.m. with Sen- accompany H.R. 1119, the National Defense Three-fifths of the Senators duly cho- ators permitted to speak for up to 5 Authorization Act: sen and sworn having voted in the af- minutes each. Trent Lott, Strom Thurmond, Wayne Al- firmative, the motion is agreed to. The PRESIDING OFFICER. Without lard, Pat Roberts, Judd Gregg, Robert f objection, it is so ordered. F. Bennett, Rod Grams, Spencer Abra- ham, Don Nickles, John Ashcroft, Rick NATIONAL DEFENSE AUTHORIZA- Mr. LOTT. I yield the floor. Santorum, Tim Hutchinson, Paul TION ACT FOR FISCAL YEAR The PRESIDING OFFICER. The Sen- Coverdell, Bob Smith, James Inhofe, 1998—CONFERENCE REPORT ator from New York is recognized. Chuck Hagel, and John Warner. f MOTION TO PROCEED THE EDUCATION OF OUR f The Senate continued with the con- sideration of the motion to proceed. CHILDREN The PRESIDING OFFICER. The Mr. D’AMATO. Mr. President, I rise VOTE question is on agreeing to the motion to speak again on an issue of, I think, The PRESIDING OFFICER. The to proceed. paramount importance, and that is the question is, Is it the sense of the Sen- The motion to proceed was agreed to. education of our children. Mr. Presi- ate that debate on the motion to pro- Mr. LOTT. Mr. President, for the in- dent, unless we bring about fundamen- ceed to the conference report to accom- formation of all Senators, the Senators tal reform in education, we are just pany H.R. 1119, the National Defense involved in the depot issue with respect going to continue to nibble at the mar- Authorization Act, shall be brought to to the Department of Defense author- gins. We are going to have great intel- a close? ization conference report have reached lectual discussions and not be able to The yeas and nays are required. The an agreement for consideration and help our children. clerk will call the roll. adoption of the conference report on The needs in our schools are great. The assistant legislative clerk called Thursday, November 6. We need better textbooks. We need to the roll. Having said that, I thank all Sen- update computer facilities. We need to Mr. NICKLES. I announce that the ators for their cooperation. We did just insist on teachers teaching the basics. Senator from Florida [Mr. MACK] and then agree to a motion, and the con- And we need merit pay for good teach- the Senator from Arizona [Mr. MCCAIN] ference report is before the Senate. ers. are necessarily absent. f Our children deserve an oasis of calm Mr. FORD. I announce that the Sen- UNANIMOUS-CONSENT REQUEST— in order to learn. We have to be able to ator from Montana [Mr. BAUCUS], the S. 1269 get violent and disruptive juveniles out Senator from West Virginia [Mr. of the classroom, and ‘‘fast track’’ Mr. LOTT. I now ask unanimous con- ROCKEFELLER], and the Senator from them out of the classroom. We hear sent the Senate turn to S. 1269, the Minnesota [Mr. WELLSTONE] are nec- about fast track for trade; what about essarily absent. fast-track legislation. fast tracking violent, disruptive stu- The PRESIDING OFFICER. Is there I further announce that, if present dents out of the classroom? objection? and voting, the Senator from Min- Most importantly, we need to listen Mr. DORGAN. I object. nesota [Mr. WELLSTONE] would vote to parents in the local communities. ‘‘aye.’’ f This afternoon, I am going to touch on The PRESIDING OFFICER (Mr. RECIPROCAL TRADE AGREEMENT a few examples, horrendous examples, BOND). Are there any other Senators in OF 1997—MOTION TO PROCEED that all too often are being repeated in the educational systems throughout the Chamber desiring to vote? Mr. LOTT. In light of the objection, I this country. Time after time, we see The yeas and nays resulted—yeas 93, now move to proceed to S. 1269, and the education system supporting ad- nays 2, as follows: send a cloture motion to the desk. [Rollcall Vote No. 289 Leg.] ministrators, school principals and CLOTURE MOTION teachers at the expense of our children. YEAS—93 The PRESIDING OFFICER. The clo- We have to encourage parental involve- Abraham Enzi Levin ture motion having been presented ment in education. When parents speak Akaka Faircloth Lieberman under rule XXII, the Chair directs the Allard Feingold Lott out, they have a right to be heard. Ashcroft Feinstein Lugar clerk to read the motion. They have a right to be listened to. Bennett Ford McConnell The legislative clerk read as follows: One of the things that parents are Biden Frist Mikulski CLOTURE MOTION Bingaman Glenn Moseley-Braun clearly calling for is an end of a system Bond Gorton Moynihan We, the undersigned Senators, in accord- of lifetime tenure, lifetime job protec- Boxer Graham Murkowski ance with the provision of rule XXII of the tion regardless of whether the teacher Breaux Gramm Murray Standing Rules of the Senate, do hereby or the school principals are doing the Brownback Grams Nickles move to bring to a close debate on the mo- job. Eliminating tenure and reforming Bryan Grassley Reed tion to proceed to calendar No. 198, S. 1269, Bumpers Gregg Reid it is a desperately needed measure. The the so-called fast-track legislation. Burns Hagel Robb tenure system guarantees a lifetime Byrd Harkin Roberts TRENT LOTT, BILL ROTH, JON KYL, PETE Campbell Hatch Roth DOMENICI, THAD COCHRAN, ROD GRAMS, SAM job to teachers and school principals, Chafee Helms Santorum BROWNBACK, RICHARD SHELBY, JOHN WARNER, regardless of their performance. Cleland Hutchinson Sarbanes SLADE GORTON, CRAIG THOMAS, LARRY E. Let me give you examples of how Coats Hutchison Sessions CRAIG, MITCH MCCONNELL, WAYNE ALLARD, children suffer. These are real cases, Cochran Inhofe Shelby PAUL COVERDELL, and ROBERT F. BENNETT. Collins Inouye Smith (NH) these are our children. In junior high Conrad Jeffords Smith (OR) Mr. LOTT. Mr. President, this clo- school 275 in Brooklyn, reading school Coverdell Johnson Snowe ture vote will occur on Tuesday, and I scores have plummeted 21.5 points in Craig Kempthorne Specter D’Amato Kennedy Stevens ask the mandatory quorum under rule the past 5 years. Sadly, this is a school Daschle Kerrey Thomas XXII be waived. that is failing our children, and they DeWine Kerry Thompson The PRESIDING OFFICER. Without are getting hurt. Dodd Kyl Thurmond objection, it is so ordered. So parents in the community, rec- Domenici Landrieu Torricelli Dorgan Lautenberg Warner Mr. LOTT. I now withdraw the mo- ognizing that problem, came together. Durbin Leahy Wyden tion. The parents and the local school board October 31, 1997 CONGRESSIONAL RECORD — SENATE S11513 wanted to deny tenure to the junior charged with this horrendous act. But Mr. DORGAN. I ask unanimous con- high school 275 principal, Priscilla Wil- what was done with or to the principal sent to proceed for 10 minutes in morn- liams. I think we ought to applaud as a result of his failure to confront ing business. those parents for coming together and and deal with this situation in an or- The PRESIDING OFFICER. Without becoming involved and speaking out, as derly manner, a brutal attack against objection, it is so ordered. well as the local school board. two 9-year-old girls? I’ll tell you what f Instead of listening to the parents, happened—he was reassigned to a dif- FAST TRACK instead of listening to the school ferent administrative position within board, the local superintendent granted the district. Mr. DORGAN. Mr. President, a few permanent tenure to principal Wil- Now, let me point out something moments ago the majority leader came liams. While those scores were plum- else. Padilla didn’t even have tenure. to the floor and filed a cloture motion meting, the school’s principal was re- He has previously been denied tenure. on what is called the motion to proceed warded with a lifetime guarantee, a Why is he being protected? Why is he to the fast-track trade authority legis- lifetime job. So instead of correcting being kept in such a position of such lation that we will consider beginning the situation and bringing in a prin- responsibility where the lives of hun- next week in the U.S. Senate. I want to cipal who would turn that around, we dreds of youngsters are under his con- make comment about that, on the now have children being held captive. trol? You have a system that protected issue of fast-track authority. That means these children will con- him when he should have been fired. It It seems to me it does not serve well tinue to suffer, and the school’s leaders is another example of a system sup- the interests of this country to try to cannot be held accountable. The scene porting administrators and principals fit into a small crevice, at the end of is repeated throughout the system, un- instead of parents and children. the first session of this Congress with only days left, a debate about inter- fortunately. Now, Mr. President, parents know national trade. Let’s take a look at another district, that a principal who doesn’t respond to What is our situation in trade in this Brooklyn’s district 23. The school violence within a school should be fired country? Well, it is not a very pretty board pleaded—pleaded, and these are and not just reassigned. He should have picture. We have the largest trade defi- the elected representatives—to block been fired. But he is reassigned. Why? cit in the history of this country right tenure for five principals at failing ele- Because we have a system that is more now. We have huge and growing trade mentary and junior high schools. What interested in protecting the rights and deficits with Japan. This year, it is ex- is their motivation? Their motivation the perks and the privileges and has be- pected to total between $60 billion to is to give their kids a better edu- come a hiring hall. It is an employ- $65 billion. We have a mushrooming cational opportunity. Mr. President, ment center, as opposed to being a cen- trade deficit with China, this year ex- sadly, all five were granted tenure any- ter of learning, of knowledge. Some- pected to reach close to $50 billion. We way. So what does that mean? That thing is seriously wrong when they are have an ongoing trade deficit with means thousands of children are going more concerned with the perks and Mexico and Canada. We have a flood of to be trapped in a system that is fail- privileges of the union members, re- subsidized goods coming into our coun- ing them. gardless of how they are performing. Parents know that the tenure system try that I am convinced violates the rewards failures. Why don’t we listen Mr. President, let’s set the record antidumping laws of this country, un- to these parents who are crying out for straight. I believe the vast number of dercutting our producers and undercut- reform, who are crying out to give our teachers are good, are dedicated, ting our farmers. Yet, nothing is done their children a better education? They are great professionals. We should re- about it. know that the business-as-usual tenure ward them and we should pay them for We are not winning in world trade. system is hurting their children. In- that and we should recognize that. But First of all, I think we are losing be- stead of granting tenure to Principal the incompetent who are receiving life- cause our trade agreements have been Williams at junior high school 275 time job security are eroding this sys- negotiated largely as foreign policy in- where the reading scores are dropping tem both at the administrative level struments. Secondly, the trade agree- like a rock, she should have been fired, and, yes, in the classrooms. Something ments that do exist, which could be replaced, and they should have brought is seriously wrong when parents try to beneficial to this country, are not en- in somebody who had the educational get involved in their children’s edu- forced. You can point to trade agree- experience and the ability to raise cation—in the examples I pointed out ment after trade agreement with those scores. to you, where the school boards are Japan, for example, and discover that As tragic as the failing levels are at begging for changes—and the system no matter what the agreement is, it is junior high school 275, there is some- refuses to respond to them. not complied with by the Japanese and thing more devastating that took place That is exactly what has happened not enforced by the United States. more recently at another school. when school principals are granted life- The reason I take the time to men- Again, these are real children involved. time tenure over the objections of par- tion this today is that we face very sig- This was a school in the Bronx, PS 44, ents and in spite of the record of the nificant trade problems in this coun- where two 9-year-old girls were bru- failing schools. The tenure system has try. We have a daunting, growing trade tally sexually assaulted by four kept some principals in schools for 25 deficit which has contributed now in boys——9-year-old children at school. years while the academic performance the aggregate to about $2 trillion in The girls reported this incredibly hor- has continually declined. That is wrong our current accounts deficit. This defi- rendous assault to their teacher. The and has to be stopped. cit will be and must be repaid at some teacher, in turn, reported it to the I want to congratulate the parents point in the future with a lower stand- school principal, Anthony Padilla. for getting involved in their children’s ard of living in this country. Now, what did Mr. Padilla do? Did he education. Nothing is more important. This is the other deficit. We have call the police when a teacher reports We have an obligation to reform our spent many months and many years an assault on two 9-year-old children? educational system. We have to get rid talking about the budget deficit, and No. Did he take any steps to assist the of today’s system that ignores parents have wrestled that budget deficit to victim, to contact the parents? No. But and rewards failing principals with life- the ground. But this other deficit, the he did send a letter. He sent a letter to time tenure and replace it with a new trade deficit, is growing. Nobody seems the parents which stated, ‘‘No inappro- system, a system that listens to par- to care about that. priate behavior took place.’’ Imagine ents and rewards their involvement The request comes now to Congress that—doesn’t call the authorities but and thinks about the education of the for fast track from the President say- sends a letter to the parents saying, children first, not the perks and privi- ing: Let us go out and negotiate new ‘‘No inappropriate behavior took leges of those who work in the system. trade agreements. I say let’s solve the place.’’ I yield the floor, and I thank my col- trade problems that exist from the old Well, the police did investigate the leagues for granting me this additional trade agreements before we rush off to case. Juveniles have been arrested and time. make new trade agreements. S11514 CONGRESSIONAL RECORD — SENATE October 31, 1997 In recent years, we made a free trade ministration from negotiating addi- means that the Congress says to a agreement with Canada. What hap- tional agreements, is there? President, you negotiate a trade treaty pened? A flood of Canadian grain has Mr. DORGAN. The Senator is abso- or agreement, bring it back to the Con- come down our back door, undercut- lutely correct. This administration gress, and we agree to restrict our- ting our farmers. This is costing North says they have negotiated nearly 200 selves to be unable to offer any changes Dakota alone, according to a recent trade agreements in the last 5 years— or any amendments of any kind. That North Dakota State University study, 200 of them. Well, why didn’t they need is what the Congress is doing. $220 million a year in lost revenue. fast track to do that? Because those Mr. BYRD. Right. This grain is coming from a state trad- agreements were mostly bilateral trade Mr. DORGAN. To give you an exam- ing enterprise in Canada that would be agreements in which they weren’t try- ple of that, they negotiated a trade illegal in this country. ing to change underlying U.S. law. agreement with Canada under fast We had a trade agreement with Mex- Fast track gives them the opportunity track. I was then serving in the other ico. Prior to that, we had a $2 billion to go out someplace with some nego- body on the House Ways and Means trade surplus with Mexico. Now it is tiators and close the door, have a nego- Committee, which has 35 votes. They apparently a $16 billion trade deficit tiation outside the purview of the pub- brought that trade agreement to the with Mexico. We now import more lic and propose changing underlying Ways and Means Committee. The vote automobiles from Mexico to the United U.S. law. Then fast track says when was 34–1 to approve it. I was the only States than we export to all of the rest you come back here to the U.S. Senate, one to vote to disapprove it. We of the world. A recent study by the nobody, no Member of this body, has an weren’t able to offer any amendments. Economic Policy Institute says that we opportunity to have a voice in chang- It went to the floor of the House, and I have lost 395,000 jobs in America as a ing that agreement that was made be- led the opposition to it. I lost by 20 or result of the trade agreement with hind closed doors. 30 votes. No amendments. Mexico and Canada called NAFTA. Mr. BYRD. So the fast track has to Now, what happened in the last 4 or This trade of ours is not moving in the do with the operations here within the 5 years with Canada? The deficit has right direction. It is moving in the Senate and the House. doubled. We have a flood of this un- Mr. DORGAN. The Senator is abso- wrong direction. fairly subsidized grain coming in, un- We should have a debate about trade lutely correct about that. dercutting our producers. Everybody Mr. BYRD. The administration has policy, but it ought not be a debate understands it is unfair trade, and you the authority right now to negotiate that is tried to be fit into a narrow cre- can’t do a thing about it. We have folks additional agreements and is negotiat- vasse at the end of this session. I will that crow about it from time to time, ing additional agreements. bet as I stand here today that we will Mr. DORGAN. That’s correct. The ad- but they don’t lift a finger to do any- see the majority leader come to the ministration talks about an agreement thing about it. That is what is wrong with these floor in the days ahead trying to re- with Chile. Go negotiate an agreement kinds of procedures. We should have strict amendments, limit amendments with Chile. Get an airplane ticket for 1 and debate, and shortchange the Amer- o’clock. You can do that. Nothing pre- been able to amend that treaty to ican people on the opportunity to have vents a negotiation on trade with make sure that if a trade agreement a full, thorough, and thoughtful debate Chile—not this fast-track authority or with Canada is contemplated, we have about this country’s trade policy. Just lack of it. You can negotiate a trade the ability to solve a problem if a prob- as sure as I am standing here, I know agreement with Chile if you want to. lem exists. But they have pulled all the in a matter of 1, 2, 3, or 4 days, we will But, if you want to change underly- teeth now, so there are no teeth in this hear them on the floor saying, ‘‘We ing law, you have to bring it back to ability to reconcile and deal with prob- don’t want amendments. We can’t have the Congress and get the permission of lems. Now we have these trade agree- you taking up that much time.’’ Congress to do that. The Senator ments where the deficits keep In fact, when the fast-track trade au- makes an important point. There is ratcheting up. We have unfair competi- thority bill was passed out of the Sen- nothing that prevents trade negotia- tion for our producers, and jobs are ate Finance Committee, I am told it tions from occurring without fast- leaving our country. As I said 395,000 was done in 2 minutes. No amend- track authority. In fact, the adminis- jobs left our country to Mexico and ments. Just minutes, no amendments, tration says it has now completed over Canada. It doesn’t make any sense for no debate. That is not the way this 200 trade agreements in the last 5 us to tie our hands in this way. body ought to deal with the important years. Mr. BYRD. In a manner, this is just subject of international trade. This is a Mr. BYRD. The fast track means that a continuation of the siphoning off of critically important question to the the Senate and the House are supposed the legislative powers, as we saw in the economic health of this country. It is a to bind and gag themselves and not Line-Item Veto Act. It was siphoned question of who will have the jobs in talk and not offer amendments, is that away. As a matter of fact, we just gave the future, which economies will grow correct? legislative power to the President. in the future, and who will have oppor- Mr. DORGAN. That is the procedure. Aside from that subject, that is what is tunity in the years ahead? That is correct. being done here. We are being asked to I hope that, as we head toward next Mr. BYRD. No amendments in this give up the people’s power under the week and begin discussing this, we can body. That is not what the Constitu- Constitution to legislate, to amend, prevail upon the majority leader and tion says. The Constitution says that and to debate. In other words, we are others to understand that this must be the Senate may offer amendments to just to buy a pig in a poke and are not a full debate. I have plenty of amend- revenue bills, as on other bills, as on even supposed to look inside the poke ments I want to offer. I know other col- other legislation. So that is where the —just rubberstamp whatever the ad- leagues have some, and I expect and fast track comes in. ministration sends up here. hope we will have that opportunity in Do we want to bind and gag ourselves Mr. DORGAN. But we know there is a the coming week. and not be able to speak for our con- pig in the poke. Mr. BYRD. Mr. President, will the stituents and speak for our country? Mr. BYRD. There is something in the Senator yield? Do we want to illuminate the listening poke; I am not sure what is in the Mr. DORGAN. I will be happy to public as to what is really going on poke. But I am not willing to bind and yield. here? Is that what we are talking gag myself. I will be forced to do that, Mr. BYRD. The Senator has indi- about? Fast track means we will hear of course; they will do that, but we will cated that the administration wants to nothing, say nothing, see nothing, be kicking and screaming. go out and negotiate additional agree- right? We will offer no amendments. This administration wants more and ments. What is to keep them from it? We can’t do that on behalf of our con- more power, and other administrations They have that authority now. They stituents in the next 5 years; is that have been the same. They have all been can go out and negotiate. They are ne- right? Am I right? the same in wanting this fast track. gotiating now. There is nothing here Mr. DORGAN. Yes, the Senator is ex- But I compliment the Senator. I salute that anybody is doing to keep the ad- actly right. Fast-track authority him for leading this fight. I am opposed October 31, 1997 CONGRESSIONAL RECORD — SENATE S11515 to fast track, and I will be there when gressman CARDIN, and I introduced a We found in our commission delibera- the roll is called. I thank the Senator. couple of months ago dealing with a tions a number of problems that are I ask unanimous consent that the proposed public board of directors. A addressed in this legislation. time I have taken of the Senator’s 10 lot of attention was paid to that. Un- First, as I said, the Commissioner minutes not be charged against the fortunately, in the process of paying can’t manage the agency. He can’t Senator. attention to that, we lost sight and a make decisions to fire. He can’t make The PRESIDING OFFICER. Without lot of people lost sight of some of the decisions to reward based upon per- objection, it is so ordered. other things that we are going to legis- formance. He can’t make decisions to Mr. DORGAN. Mr. President, the late on that are terribly important. reorganize. He can’t make decisions to Senator from West Virginia has long I was pleased to see, since the House run the Agency. The law doesn’t allow been concerned and interested in inter- has passed it, that the majority leader it. You can get whoever you want to national trade. I very much value and indicated that is one of the things he is come in—and I think the President has appreciate his support. It is not the going to try to get done sometime dur- found an exceptional individual from case that the Senator from West Vir- ing the rest of the year. There is broad the private sector who understands ginia, myself, and others, who believe consensus on some of the things which technology and who understands how that fast track is inappropriate and our we know will improve the operational to manage an organization—but the trade strategy has not worked believe efficiency of the Internal Revenue law does not give Mr. Rossotti the au- we should put walls around our country Service. thority that Mr. Rossotti is going to or restrict international trade. I think Chairman ROTH’s Finance Committee need to manage the Agency. we ought to expand it. had 3 days of hearings on a separate set We also found that there is inconsist- I say this to those folks who talk of issues dealing with privacy, dealing ent oversight both from the executive about fast track: If you want to be fast with the power of the Internal Revenue branch and from the legislative branch. about something, do something fast, Service to demand action on the part So we propose not only a public board put on your Speedo trunks and do of taxpayers. of citizens that would have responsibil- something quickly, and start to quick- These are very important issues, and ity for developing a strategic plan, but ly solve the trade problems we have. I the chairman has indicated his desire we also propose to create twice a year can cite a dozen of them that undercut to take up next year the consideration a joint hearing of appropriations and American jobs and American produc- of those issues. I have great respect for authorizers and government operations ers, workers, and farmers. If you want Chairman ROTH and his desire to bring people to give not just the oversight to be fast about something, let’s be fast attention to the Internal Revenue but give us an opportunity to achieve about starting to solve a few of these Service. His intent and his sincerity consensus on what the strategic plan is problems. lead to, I believe, the citizens of the going to be. Twice a year that would be Just demonstrate that you can solve United States seeing that change is required in order to achieve consensus one; it doesn’t have to be all of them. needed. However, I believe action is and, most importantly, achieve consen- Demonstrate that this country has the needed yet this year in order to give sus for the purpose of being able to nerve and will to stand up and say to the new IRS Commissioner, Mr. make the right investments in tech- other countries: If our market is open Rossotti, the authority he needs to be nology, being able to sustain the effort to you, then your market has to be able to manage this agency. over a period of time to do the im- open to us. We pledge to you that we One of the things we found in our re- provement of operations that are nec- will be involved in fair trade with you. structuring commission when we began essary. We demand and insist that you be in- in 1995 was that the General Account- It is very difficult to operate the IRS volved with fair trade practices with ing Office disclosed that nearly $4 bil- with 200 million tax returns a year. We us. If not, this country has the will and lion worth of modernization and pur- are heading into the filing season right the nerve to take action. chase of computers and software had now. It is an unimaginable problem to That is all I ask. If you want to be not produced the desired result and had try to manage this Agency and satisfy fast, don’t come around here with fast essentially been wasted. We began our all of the various demands and answer track, come around with fast action to effort in 1995. We held hearings in 1996 all of the various questions that tax- solve trade problems. Show me that and 1997—12 public hearings, thousands paying customers have as well as being you can solve one of them just once. of interviews with current employees able to go out and enforce the law Then let’s talk about trade once again. and taxpayers and professionals that against a relatively small percentage Mr. DORGAN addressed the Chair. help and assist taxpayers. of people who are not willing to volun- The PRESIDING OFFICER. The Sen- We reached our decision in our re- tarily comply with the law; not to ator from North Dakota is recognized. structuring commission that the cur- mention as well the difficult challenge (The remarks of Mr. DORGAN pertain- rent law was unacceptable, that it of adjusting the software and rewriting ing to the introduction of S. 1357 are would not allow us to go from where we software for the millennium problem located in today’s RECORD under are today to where citizens need to that needs to be solved in the next 18 ‘‘Statements on Introduced Bills and have us go. months in order to be prepared on De- Joint Resolutions.’’) Today, 85 percent of Americans vol- cember 1, 1999, for what will occur, Mr. KERREY addressed the Chair. untarily comply with the Tax Code. which is the computers will no longer The PRESIDING OFFICER. The Sen- That is down from 95 percent 30 years recognize 99 as being 1999—a very big ator from Nebraska. ago. The real test is what does the tax- problem for a small agency, and an f paying citizen think of the existing enormous problem for an agency like system? Their confidence is deteriorat- the IRS that will be in the middle of a RESTRUCTURING THE INTERNAL ing rapidly, and it is deteriorating as a filing season, if their computers go REVENUE SERVICE consequence of the law. The law makes down and they are unable to recognize Mr. KERREY. Mr. President, I was it impossible for the Commissioner to that number. very encouraged to read in this morn- manage that agency the way we all So there is an urgency to get this law ing’s newspaper the majority leader’s want the Commissioner to be able to changed so that this Commissioner can comments about the agenda for the manage the agency. have the authority to manage, the au- rest of the session. An agreement has We proposed legislation. The legisla- thority that is needed so the Commis- been reached on bringing up campaign tion has now been passed by the House sioner has the kind of oversight that is finance reform next year. and has the full support of the Presi- needed, and in order to have any On the list of things that the major- dent. The President is now calling upon chance at all of being able to manage ity leader had was taking action to re- us to take action. As I said, I am hope- this Agency, to reduce the current structure the Internal Revenue Serv- ful that the majority leader’s com- problems and avoid future problems as ice. It was a very controversial debate ments in this morning’s paper are an well. over one proposal that Congressman indication that there is still a chance The legislation provides incentives PORTMAN, Senator GRASSLEY, Con- that we can get this done. for electronic filing. We found in our S11516 CONGRESSIONAL RECORD — SENATE October 31, 1997 examination of the Internal Revenue to complete their forms, if we continue Resolved, That the bill from the Senate (S. Service that there was a 25-percent to make the Tax Code more and more 1139) entitled ‘‘An Act to reauthorize the rate of error in the paperwork. In elec- complicated, it is going to be very dif- programs of the Small Business Administra- tronic filing the rate of error was less ficult to manage the Agency for the tion, and for other purposes.’’, do pass with the following amendment: purpose of reducing the customer dis- than 1 percent. Errors mean dollars Strike out all after the enacting clause satisfaction and increasing the vol- both to the filers as well as the organi- and insert: zation that is being operated. There is untary compliance with the system. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. a tremendous opportunity for saving Mr. President, I am very encouraged, and I hope we are able, in fact—there is (a) SHORT TITLE.—This Act may be cited as money both from standpoint of the tax- the ‘‘Small Business Programs Reauthorization payer in what it costs to comply with now 13 of the 20 members of the Fi- and Amendments Acts of 1997’’. the code as well as the taxpayer from nance Committee who are supportive of (b) TABLE OF CONTENTS.— the standpoint of operating the IRS. this legislation. My guess is it will pass Sec. 1. Short title; table of contents. the Senate with a very large number. I We believe, and everybody who has TITLE I—AUTHORIZATIONS looked at it believes, that electronic have heard very few people raise objec- Sec. 101. Authorizations. filing is a tremendous way to save tions now that we have reached agree- money and satisfy the demand of the ment with the administration. I have TITLE II—FINANCIAL PROGRAMS customer to close this breathtaking heard very few people say this legisla- Subtitle A—General Business Loans gap that currently exists between what tion would not help an awful lot. There Sec. 201. Securitization regulations. a private sector financial service agen- will be 200 or more collections notices Sec. 202. Background check of loan applicants. cy can do and what the IRS can do. All a day going out between now and the Sec. 203. Report on increased lender approval, time that we act, 800,000 notices of ei- servicing, foreclosure, liquidation, of us understand what an ATM card is. and litigation of 7(a) loans. All of us have seen what the private ther audits or other kinds of require- Sec. 204. Completion of planning for loan mon- sector has done to reduce the amount ments sent to the taxpayers every sin- itoring system. gle month. There is an urgency to act of time needed to do a transaction with Subtitle B—Certified Development Company a financial institution. The IRS has on this. Program Are there other things that need to been unable to keep pace with what the Sec. 221. Reauthorization of fees. private sector is doing, and we think be done? The answer is yes. Will it Sec. 222. PCLP participation. that electronic filing is not only likely solve every problem? The answer is no. Sec. 223. PCLP eligibility. to save money but will also increase But it will give the Commission the Sec. 224. Loss reserves. people’s confidence that the IRS is tools the Commissioner needs to man- Sec. 225. Goals. closing the gap between what the pri- age the agency. It will change the over- Sec. 226. Technical amendments. Sec. 227. Promulgation of regulations. vate sector is able to do and what they sight and make it possible for us to get shared and agreed consensus on where Sec. 228. Technical amendment. are able to do. Sec. 229. Repeal. We have a section in there on tax- it is we are going to go. It will give the taxpayer more authority and more Sec. 230. Loan servicing and liquidation. payer rights. We do not address the so- Sec. 231. Use of proceeds. called 6103, the privacy issues, that power than they currently have. And it Sec. 232. Lease of property. will enable us to assess whether or not Chairman ROTH and Senator MOYNIHAN Sec. 233. Seller financing. did with the Finance Committee, but some new tax idea that we have is Sec. 234. Preexisting conditions. there are a number of things where we going to cost us more to implement Subtitle C—Small Business Investment Company are absolutely certain that, if we make than we are going to generate in reve- Program some changes, the taxpayer will have nue as a result of the change in the Sec. 241. 5-year commitments. increased authority. We give the tax- Code. Sec. 242. Program reform. So I am very encouraged by the ma- payer advocate more independence, Sec. 243. Fees. jority leader’s comments in the paper Sec. 244. Examination fees. moving them outside the IRS; it is this morning, and I am hopeful in that very difficult to imagine that person Subtitle D—Microloan Program bipartisan way, in a big bipartisan way doing the job they need to do if, after Sec. 251. Microloan program extension. we can pass in the Senate, conference they criticize the IRS, they then de- Sec. 252. Supplemental microloan grants. with the House, and send to the Presi- pend on the IRS personnel system in TITLE III—WOMEN’S BUSINESS dent for his signature a change in the order to be advanced. ENTERPRISES We make some additional changes on law that would give taxpaying citizens Sec. 301. Reports. the burden of proof. We think having increased confidence not only that Sec. 302. Council duties. modified it slightly does not produce a they are going to get a fair shake but Sec. 303. Council membership. that Government of, for, and by the Sec. 304. Authorization of appropriations. situation that will result in a deterio- Sec. 305. Women’s business centers. ration of our ability to get voluntary people works. Mr. President, I yield the floor and I Sec. 306. Office of Women’s Business Owner- compliance or impose a burden upon suggest the absence of a quorum. ship. individuals who are willing to comply The PRESIDING OFFICER (Mr. TITLE IV—COMPETITIVENESS PROGRAM in a voluntary fashion. FRIST). The clerk will call the roll. Sec. 401. Program term. We provide as well, Mr. President, The bill clerk proceeded to call the Sec. 402. Monitoring agency performance. some changes that will I think address roll. Sec. 403. Reports to Congress. the problem of a complex Code, not by Mr. BOND. Mr. President, I ask unan- Sec. 404. Small business participation in dredg- reforming the Tax Code but by putting imous consent that the order for the ing. the Commissioner at the table and giv- quorum call be rescinded. Sec. 405. Technical amendment. ing the Commissioner the authority to The PRESIDING OFFICER. Without TITLE V—MISCELLANEOUS PROVISIONS comment either on proposals made by objection, it is so ordered. Sec. 501. Small business development centers. the President or by the Congress as to f Sec. 502. Small business export promotion. the cost of compliance and putting in a Sec. 503. Pilot preferred surety bond guarantee complexity index that would give us SMALL BUSINESS PROGRAMS RE- program extension. some kind of idea of cost anytime we AUTHORIZATION AND AMEND- Sec. 504. Very small business concerns. have some new change we want to MENTS ACT OF 1997 Sec. 505. Extension of cosponsorship authority. Sec. 506. Trade assistance program for small make. Mr. BOND. Mr. President, I ask that business concerns harmed by Over and over and over we heard the Chair lay before the Senate a mes- NAFTA. from witnesses coming before the Com- sage from the House of Representatives TITLE VI—SERVICE DISABLED VETERANS mission who said to us almost nothing on (S. 1139) to authorize the programs is going to work if Congress continues Sec. 601. Purposes. of the Small Business Administration, Sec. 602. Definitions. to make the Code complex. If we con- and for other purposes. Sec. 603. Report by Small Business Administra- tinue to add provisions that add to the The PRESIDING OFFICER laid be- tion. already estimated $200 billion that the fore the Senate the following message Sec. 604. Information collection. private sector taxpayer pays in order from the House of Representatives: Sec. 605. State of small business report. October 31, 1997 CONGRESSIONAL RECORD — SENATE S11517 Sec. 606. Loans to veterans. ‘‘(A) $60,000,000 in technical assistance grants ‘‘(3) For the programs authorized by title III Sec. 607. Entrepreneurial training, counseling, as provided in section 7(m); and of the Small Business Investment Act of 1958, and management assistance. ‘‘(B) $60,000,000 in loans, as provided in sec- the Administration is authorized to make— Sec. 608. Grants for eligible veterans outreach tion 7(m). ‘‘(A) $850,000,000 in purchases of participating programs. ‘‘(2) For the programs authorized by this Act, securities; and Sec. 609. Outreach for eligible veterans. the Administration is authorized to make ‘‘(B) $700,000,000 in guarantees of debentures. TITLE VII—SMALL BUSINESS $16,540,000,000 in deferred participation loans ‘‘(4) For the programs authorized by part B of TECHNOLOGY TRANSFER PROGRAM and other financings. Of such sum, the Admin- title IV of the Small Business Investment Act of Sec. 701. Amendments. istration is authorized to make— 1958, the Administration is authorized to enter ‘‘(A) $12,000,000,000 in general business loans into guarantees not to exceed $2,000,000,000, of TITLE I—AUTHORIZATIONS as provided in section 7(a); which not more than $650,000,000 may be in SEC. 101. AUTHORIZATIONS. ‘‘(B) $3,500,000,000 in financings as provided bonds approved pursuant to the provisions of Section 20 of the Small Business Act (15 U.S.C. in section 7(a)(13) of this Act and section 504 of section 411(a)(3) of that Act. 631 note) is amended by striking subsections (l) the Small Business Investment Act of 1958; ‘‘(5) The Administration is authorized to make through (q) and inserting the following: ‘‘(C) $1,000,000,000 in loans as provided in sec- grants or enter cooperative agreements— ‘‘(l) The following program levels are author- tion 7(a)(21); and ‘‘(A) for the Service Corps of Retired Execu- ized for fiscal year 1998: ‘‘(D) $40,000,000 in loans as provided in sec- tives program authorized by section 8(b)(1), ‘‘(1) For the programs authorized by this Act, tion 7(m). $5,000,000; and the Administration is authorized to make— ‘‘(3) For the programs authorized by title III ‘‘(B) for activities of small business develop- ‘‘(A) $40,000,000 in technical assistance grants, of the Small Business Investment Act of 1958, ment centers pursuant to section 21(c)(3)(G), not as provided in section 7(m); and the Administration is authorized to make— to exceed $15,000,000, to remain available until ‘‘(B) $60,000,000 in loans, as provided in sec- ‘‘(A) $700,000,000 in purchases of participating expended. tion 7(m). securities; and ‘‘(q)(1) There are authorized to be appro- ‘‘(2) For the programs authorized by this Act, ‘‘(B) $650,000,000 in guarantees of debentures. priated to the Administration for fiscal year 2000 the Administration is authorized to make ‘‘(4) For the programs authorized by part B of such sums as may be necessary to carry out this $15,040,000,000 in deferred participation loans title IV of the Small Business Investment Act of Act, including administrative expenses and nec- and other financings. Of such sum, the Admin- 1958, the Administration is authorized to enter essary loan capital for disaster loans pursuant istration is authorized to make— into guarantees not to exceed $2,000,000,000, of to section 7(b), and to carry out the provisions ‘‘(A) $11,000,000,000 in general business loans which not more than $650,000,000 may be in of the Small Business Investment Act of 1958, in- as provided in section 7(a); bonds approved pursuant to section 411(a)(3) of cluding salaries and expenses of the Administra- ‘‘(B) $3,000,000,000 in financings as provided that Act. tion. in section 7(a)(13) of this Act and section 504 of ‘‘(5) The Administration is authorized to make ‘‘(2) Notwithstanding paragraph (1), for fiscal the Small Business Investment Act of 1958; grants or enter cooperative agreements— year 2000— ‘‘(C) $1,000,000,000 in loans as provided in sec- ‘‘(A) for the Service Corps of Retired Execu- ‘‘(A) no funds are authorized to be provided to tion 7(a)(21); and tives program authorized by section 8(b)(1), carry out the loan program authorized by sec- ‘‘(D) $40,000,000 in loans as provided in sec- $4,500,000; and tion 7(a)(21) except by transfer from another tion 7(m). ‘‘(B) for activities of small business develop- Federal department or agency to the Adminis- ‘‘(3) For the programs authorized by title III ment centers pursuant to section 21(c)(3)(G), not tration, unless the program level authorized for of the Small Business Investment Act of 1958, to exceed $15,000,000, to remain available until general business loans under subsection the Administration is authorized to make— expended. (p)(2)(A) is fully funded; and ‘‘(A) $600,000,000 in purchases of participating ‘‘(o)(1) There are authorized to be appro- ‘‘(B) the Administration may not approve securities; and priated to the Administration for fiscal year 1999 loans on behalf of the Administration or on be- ‘‘(B) $500,000,000 in guarantees of debentures. such sums as may be necessary to carry out this half of any other department or agency, by con- ‘‘(4) For the programs authorized by part B of Act, including administrative expenses and nec- tract or otherwise, under terms and conditions title IV of the Small Business Investment Act of essary loan capital for disaster loans pursuant other than those specifically authorized under 1958, the Administration is authorized to enter to section 7(b), and to carry out the Small Busi- this Act or the Small Business Investment Act of into guarantees not to exceed $2,000,000,000, of ness Investment Act of 1958, including salaries 1958, except that it may approve loans under which not more than $650,000,000 may be in and expenses of the Administration. section 7(a)(21) of this Act in gross amounts of bonds approved pursuant to section 411(a)(3) of ‘‘(2) Notwithstanding paragraph (1), for fiscal not more than $1,250,000.’’. that Act. year 1999— TITLE II—FINANCIAL PROGRAMS ‘‘(5) The Administration is authorized to make ‘‘(A) no funds are authorized to be provided to grants or enter into cooperative agreements— carry out the loan program authorized by sec- Subtitle A—General Business Loans ‘‘(A) for the Service Corps of Retired Execu- tion 7(a)(21) except by transfer from another SEC. 201. SECURITIZATION REGULATIONS. tives program authorized by section 8(b)(1), Federal department or agency to the Adminis- The Administrator shall promulgate final reg- $4,000,000; and tration, unless the program level authorized for ulations permitting bank and non-bank lenders ‘‘(B) for activities of small business develop- general business loans under subsection to sell or securitize the non-guaranteed portion ment centers pursuant to section 21(c)(3)(G), (n)(2)(A) is fully funded; and of loans made under section 7(a) of the Small $15,000,000, to remain available until expended. ‘‘(B) the Administration may not approve Business Act (15 U.S.C. 636(a)). Such regula- ‘‘(m)(1) There are authorized to be appro- loans on behalf of the Administration or on be- tions shall be issued within 90 days of the date priated to the Administration for fiscal year 1998 half of any other department or agency, by con- of enactment of this Act, and shall allow such sums as may be necessary to carry out this tract or otherwise, under terms and conditions securitizations to proceed as regularly as is pos- Act, including administrative expenses and nec- other than those specifically authorized under sible within the bounds of prudent and sound fi- essary loan capital for disaster loans pursuant this Act or the Small Business Investment Act of nancial management practice. to section 7(b), and to carry out the Small Busi- 1958, except that it may approve loans under SEC. 202. BACKGROUND CHECK OF LOAN APPLI- ness Investment Act of 1958, including salaries section 7(a)(21) of this Act in gross amounts of CANTS. and expenses of the Administration. not more than $1,250,000. Section 7(a)(1) of the Small Business Act (15 ‘‘(2) Notwithstanding paragraph (1), for fiscal ‘‘(p) The following program levels are author- U.S.C. 636(a)(1)) is amended by striking ‘‘(1)’’ year 1998— ized for fiscal year 2000: and inserting the following: ‘‘(A) no funds are authorized to be provided to ‘‘(1) For the programs authorized by this Act, ‘‘(1)(A) CREDIT ELSEWHERE.—’’, and by add- carry out the loan program authorized by sec- the Administration is authorized to make— ing the following new paragraph at the end: tion 7(a)(21) except by transfer from another ‘‘(A) $75,000,000 in technical assistance grants ‘‘(B) BACKGROUND CHECKS.—Prior to the ap- Federal department or agency to the Adminis- as provided in section 7(m); and proval of any loan made pursuant to this sub- tration, unless the program level authorized for ‘‘(B) $60,000,000 in direct loans, as provided in section, or section 503 of the Small Business In- general business loans under subsection (l)(2)(A) section 7(m). vestment Act, the Administrator shall verify the is fully funded; and ‘‘(2) For the programs authorized by this Act, applicant’s criminal background, or lack there- ‘‘(B) the Administration may not approve the Administration is authorized to make of, through the best available means, including, loans on behalf of the Administration or on be- $19,040,000,000 in deferred participation loans if possible, use of the National Crime Informa- half of any other department or agency, by con- and other financings. Of such sum, the Admin- tion Center computer system at the Federal Bu- tract or otherwise, under terms and conditions istration is authorized to make— reau of Investigation.’’. other than those specifically authorized under ‘‘(A) $13,500,000,000 in general business loans SEC. 203. REPORT ON INCREASED LENDER AP- this Act or the Small Business Investment Act of as provided in section 7(a); PROVAL, SERVICING, FORECLOSURE, 1958, except that it may approve loans under ‘‘(B) $4,500,000,000 in financings as provided LIQUIDATION, AND LITIGATION OF section 7(a)(21) of this Act in gross amounts of in section 7(a)(13) of this Act and section 504 of 7(a) LOANS. not more than $1,250,000. the Small Business Investment Act of 1958; (a) Within six months of the date of enact- ‘‘(n) The following program levels are author- ‘‘(C) $1,000,000,000 in loans as provided in sec- ment of this act the Administrator shall report ized for fiscal year 1999: tion 7(a)(21); and on action taken and planned for future reliance ‘‘(1) For the programs authorized by this Act, ‘‘(D) $40,000,000 in loans as provided in sec- on private sector lender resources to originate, the Administration is authorized to make— tion 7(m). approve, close, service, liquidate, foreclose, and S11518 CONGRESSIONAL RECORD — SENATE October 31, 1997 litigate loans made under Section 7(a) of the (3) by adding the following at the end of sub- serting the following after subsection (d) and by Small Business Act. The report should address section (d)(2): ‘‘The amount of the fee author- redesignating subsections (e) through (i) as (f) administrative and other steps necessary to ized herein shall be established annually by the through (j): achieve these results, including— Administration in the minimal amount nec- ‘‘(e) PROGRAM GOALS.—Certified development (1) streamlining the process for approving essary to reduce the cost (as that term is defined companies participating in this program shall lenders and standardizing requirements; in section 502 of the Federal Credit Reform Act establish a goal of processing 50 percent of their (2) establishing uniform reporting require- of 1990) to the Administration of purchasing and loan applications for section 504 assistance pur- ments using on-line automated capabilities to guaranteeing debentures under this Act to suant to the premier certified lender program the maximum extent feasible; zero.’’; and authorized in this section.’’. (3) reducing paperwork through automation, (4) by striking from subsection (f) ‘‘1997’’ and SEC. 226. TECHNICAL AMENDMENTS. simplified forms or incorporation of lender’s inserting ‘‘2000’’. Section 508(g) of the Small Business Invest- forms; SEC. 222. PCLP PARTICIPATION. (4) providing uniform standards for approval, ment Act of 1958 (15 U.S.C. 697(g)) is amended— Section 508(a) of the Small Business Invest- (1) in subsection (g), as redesignated herein, is closing, servicing, foreclosure, and liquidation; (5) promulgating new regulations or amending ment Act of 1958 (15 U.S.C. 697e(a)) is amended amended by striking ‘‘State or local’’ and insert- existing ones; by striking ‘‘not more than 15’’. ing ‘‘certified’’; (6) establishing a timetable for implementing SEC. 223. PCLP ELIGIBILITY. (2) in subsection (h), as redesignated herein— the plan for reliance on private sector lenders; Section 508(b)(2) of the Small Business Invest- (A) by striking ‘‘EFFECT OF SUSPENSION (7) implementing organizational changes at ment Act of 1958 (15 U.S.C. 697e(b)(2)) is amend- OR DESIGNATION’’ and inserting ‘‘EFFECT SBA; and ed by striking paragraphs (A) and (B) and in- OF SUSPENSION OR REVOCATION’’; and (8) estimating the annual savings that would serting: (B) by striking ‘‘under subsection (f)’’ and in- occur as a result of implementation. ‘‘(A) is an active certified development com- serting ‘‘under subsection (g)’’. (b) In preparing the report the Administrator pany in good standing and has been an active SEC. 227. PROMULGATION OF REGULATIONS. shall seek the views and consult with, among participant in the accredited lenders program Section 508(i) of the Small Business Invest- others, 7(a) borrowers and lenders, small busi- during the entire 12-month period preceding the ment Act of 1958 (15 U.S.C. 697e(i)), as redesig- nesses who are potential program participants, date on which the company submits an applica- nated herein, is amended to read as follows: financial institutions who are potential program tion under paragraph (1), except that the Ad- ‘‘(i) REGULATIONS.—Not later than 90 days lenders, and representative industry associa- ministration may waive this requirement if the after the date of enactment of this section, the tions, such as the U. S. Chamber of Commerce, company is qualified to participate in the ac- Administration shall promulgate regulations to the American Bankers Association, the National credited lenders program; carry out this section. Not later than 120 days Association of Government Guaranteed Lenders ‘‘(B) has a history (i) of submitting to the Ad- after the date of enactment, the Administration and the Independent Bankers Association of ministration adequately analyzed debenture shall issue program guidelines and implement America. guarantee application packages and (ii) of prop- the changes made herein.’’. SEC. 204. COMPLETION OF PLANNING FOR LOAN erly closing section 504 loans and servicing its SEC. 228. TECHNICAL AMENDMENT. MONITORING SYSTEM. loan portfolio; and’’. Section 508(j) of the Small Business Invest- (a) The Administrator shall perform and com- SEC. 224. LOSS RESERVES. ment Act of 1958 (15 U.S.C. 697e(j)), as redesig- plete the planning needed to serve as the basis Section 508(c) of the Small Business Invest- nated herein, is amended by striking ‘‘other for funding the development and implementa- ment Act of 1958 (15 U.S.C. 697e(c)) is amended lenders’’ and inserting ‘‘other lenders, specifi- tion of computerized loan monitoring system, in- to read as follows: cally comparing default rates and recovery rates cluding— ‘‘(c) LOSS RESERVE.— on liquidations’’. (1) fully defining the system requirement ‘‘(1) ESTABLISHMENT.—A company designated using on-line, automated capabilities to the ex- SEC. 229. REPEAL. as a premier certified lender shall establish a Section 217(b) of Public Law 103–403 (108 Stat. tent feasible; loss reserve for financing approved pursuant to (2) identifying all data inputs and outputs 4185) is repealed. this section. necessary for timely report generation; SEC. 230. LOAN SERVICING AND LIQUIDATION. ‘‘(2) AMOUNT.—The amount of the loss reserve (3) benchmark loan monitoring business proc- Section 508(d)(1) of the Small Business Invest- shall be equal to 10 percent of the amount of the esses and systems against comparable industry ment Act of 1958 (15 U.S.C. 697e(d)) is amended company’s exposure as determined under sub- processes and, if appropriate, simplify or rede- by striking ‘‘to approve loans’’ and inserting ‘‘to section (b)(2)(C). fine work processes based on these benchmarks; approve, authorize, close, service, foreclose, liti- (4) determine data quality standards and con- ‘‘(3) ASSETS.—The loss reserve shall be com- prised of any combination of the following types gate, and liquidate loans’’. trol systems for ensuring information accuracy; SEC. 231. USE OF PROCEEDS. (5) identify an acquisition strategy and work of assets: Section 502(1) of the Small Business Invest- increments to completion; ‘‘(A) segregated funds on deposit in an ac- (6) analyze the benefits and costs of alter- count or accounts with a federally insured de- ment Act of 1958 (15 U.S.C. 696(1)) is amended to natives and use to demonstrate the advantage of pository institution or institutions selected by read as follows: the final project; the company, subject to a collateral assignment ‘‘(1) The proceeds of any such loan shall be (7) ensure that the proposed information sys- in favor of, and in a format acceptable to, the used solely by such borrower or borrowers to as- tem is consistent with the agency’s information Administration; or sist an identifiable small-business or businesses architecture; and ‘‘(B) irrevocable letter or letters of credit, with and for a sound business purpose approved by (8) estimate the cost to system completion, a collateral assignment in favor of, and a com- the Administration.’’. identifying the essential cost element. mercially reasonable format acceptable to, the SEC. 232. LEASE OF PROPERTY. (b) Six months from the date of enactment of Administration. Section 502 of the Small Business Investment this Act, the Administrator shall report to the ‘‘(4) CONTRIBUTIONS.—The company shall Act of 1958 (15 U.S.C. 696) is amended by adding House and Senate Committees on Small Business make contributions to the loss reserve, either the following new subsection: pursuant to the requirements of subsection (a), cash or letters of credit as provided above, in the ‘‘(5) Not to exceed 25 percent of any project and shall also submit a copy of the report to the following amounts and at the following inter- may be permanently leased by the assisted small General Accounting Office, which shall evaluate vals: business: Provided, That the assisted small busi- the report for compliance with subsection (a) ‘‘(A) 50 percent when a debenture is closed; ness shall be required to occupy and use not less and shall submit such evaluation to both Com- ‘‘(B) 25 percent additional not later than 1 than 55 percent of the space in the project after mittees no later than 28 days after receipt of the year after a debenture is closed; and the execution of any leases authorized in this report from the Small Business Administration. ‘‘(C) 25 percent additional not later than 2 section.’’. None of the funds provided for the purchase of years after a debenture is closed. SEC. 233. SELLER FINANCING AND the loan monitoring system may be expended ‘‘(5) REPLENISHMENT.—If a loss has been sus- COLLATERALIZATION. until the requirements of this section have been tained by the Administration, any portion of the Section 502(3) of the Small Business Invest- satisfied. loss reserve, and other funds provided by the ment Act of 1958 (15 U.S.C. 696(3)) is amended Subtitle B—Certified Development Company premier company as necessary, may be used to by inserting the following new subparagraphs: Program reimburse the Administration for the company’s ‘‘(D) SELLER FINANCING.—Seller provided fi- 10 percent share of the loss as provided in sub- SEC. 221. REAUTHORIZATION OF FEES. nancing may be used to meet the requirements Section 503 of the Small Business Investment section (b)(2)(C). If the company utilizes the re- of— Act of 1958 (15 U.S.C. 697) is amended— serve, within 30 days it shall replace an equiva- ‘‘(i) paragraph (B), if the seller subordinates (1) by striking subsection (b)(7)(A) and insert- lent amount of funds. his interest in the property to the debenture ing the following: ‘‘(6) DISBURSEMENTS.—The Administration guaranteed by the Administration; and ‘‘(A) assesses and collects a fee, which shall be shall allow the certified development company ‘‘(ii) not to exceed 50 percent of the amounts payable by the borrower, in an amount equal to to withdraw from the loss reserve amounts at- required by paragraph (C). 0.9375 percent per year of the outstanding bal- tributable to any debenture which has been re- ‘‘(E) COLLATERALIZATION.—The collateral ance of the loan; and’’; paid.’’. provided by the small business concern gen- (2) by striking from subsection (d)(2) ‘‘equal to SEC. 225. GOALS. erally shall include a subordinate lien position 50 basis points’’ and inserting ‘‘equal to not Section 508 of the Small Business Investment on the property being financed under this title, more than 50 basis points,’’; Act of 1958 (15 U.S.C. 697e) is amended by in- and is only one of the factors to be evaluated in October 31, 1997 CONGRESSIONAL RECORD — SENATE S11519

the credit determination. Additional collateral ‘‘(B) EXCEPTIONS.—The Administrator may, ‘‘(I) 2 times an amount reflecting the total shall be required only if the Administration de- on a case-by-case basis— losses of the intermediary as a result of partici- termines, on a case by case basis, that addi- ‘‘(i) approve an amount of leverage that ex- pation in the program under this subsection, as tional security is necessary to protect the inter- ceeds the amount described in subparagraph (A) determined by the Administrator on a case-by- est of the Government.’’. for companies under common control; and case basis; or SEC. 234. PREEXISTING CONDITIONS. ‘‘(ii) impose such additional terms and condi- ‘‘(II) 10 percent of the outstanding balance of Section 502 of the Small Business Investment tions as the Administrator determines to be ap- the notes receivable owed to the intermediary.’’. Act of 1958 (15 U.S.C. 696) is amended by adding propriate to minimize the risk of loss to the Ad- (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- the following new paragraph: ministration in the event of default. tion 7(m) of the Small Business Act (15 U.S.C. ‘‘(6) Any loan authorized under this section ‘‘(C) APPLICABILITY OF OTHER PROVISIONS.— 636(m)) is amended— shall not be denied or delayed for approval by Any leverage that is issued to a company or (1) in the subsection heading, by striking the Administration due to concerns over pre- companies commonly controlled in an amount ‘‘DEMONSTRATION’’; existing environmental conditions: Provided, that exceeds $90,000,000, whether as a result of (2) by striking ‘‘Demonstration’’ each place That the development company provides the Ad- an increase in the Consumer Price Index or a that term appears; (3) by striking ‘‘demonstration’’ each place ministration a letter issued by the appropriate decision of the Administrator, is subject to sub- that term appears; and State or Federal environmental protection agen- section (d).’’; and (4) in paragraph (12), by striking ‘‘during fis- cy specifically stating that the environmental (2) by striking subsection (d) and inserting the cal years 1995 through 1997’’ and inserting agency will not institute any legal proceedings following: ‘‘during fiscal years 1998 through 2000’’. against the borrower or, in the event of a de- ‘‘(d) REQUIRED CERTIFICATIONS.— fault, the development company or the Adminis- ‘‘(1) IN GENERAL.—The Administrator shall re- SEC. 252. SUPPLEMENTAL MICROLOAN GRANTS. Section 7(m)(4) of the Small Business Act (15 tration based on the preexisting environmental quire each licensee, as a condition of approval USC 636 (m)(4)) is amended by adding the fol- conditions: Provided further, That the borrower of an application for leverage, to certify in writ- lowing: shall agree to provide environmental agencies ing— ‘‘(F)(i) The Administration may accept and access to the property for any reasonable and ‘‘(A) for licensees with leverage less than or disburse funds received from another Federal necessary remediation efforts or inspections.’’. equal to $90,000,000, that not less than 20 per- cent of the licensee’s aggregate dollar amount of department or agency to provide additional as- Subtitle C—Small Business Investment financings will be provided to smaller enter- sistance to individuals who are receiving assist- Company Program prises; and ance under the State program funded under SEC. 241. 5-YEAR COMMITMENTS. ‘‘(B) for licensees with leverage in excess of part A of title IV of the Social Security Act (42 Section 20(a)(2) of the Small Business Act (15 $90,000,000, that, in addition to satisfying the USC 601 et seq.), or under any comparable U.S.C. 631 note) is amended in the last sentence requirements of subparagraph (A), 100 percent State-funded means-tested program of assist- by striking ‘‘the following fiscal year’’ and in- of the licensee’s aggregate dollar amount of ance for low-income individuals. serting ‘‘any one or more of the 4 subsequent fis- financings made in whole or in part with lever- ‘‘(ii) Grant proceeds are in addition to other cal years’’. age in excess of $90,000,000 will be provided to grants provided by this subsection and shall not SEC. 242. PROGRAM REFORM. smaller enterprises as defined in section 103(12). require the contribution of matching amounts to (a) TAX DISTRIBUTIONS.—Section 303(g)(8) of ‘‘(2) MULTIPLE LICENSEES.—Multiple licensees be eligible. The grants may be used to pay or re- the Small Business Investment Act of 1958 (15 under common control (as determined by the imburse a portion of child care and transpor- U.S.C. 683(g)(8)) is amended in the first sen- Administrator) shall be considered to be a single tation costs of individuals described in clause (i) tence— licensee for purposes of determining both the ap- and for marketing, management and technical (1) by inserting ‘‘, for each calendar quarter plicability of and compliance with the invest- assistance. or once annually, as the company may elect,’’ ment percentage requirements of this sub- ‘‘(iii) Prior to accepting and distributing any after ‘‘the company may’’; and section.’’. such grants, the Administration shall enter a (2) by inserting ‘‘for the preceding quarter or SEC. 243. FEES. Memorandum of Understanding with the de- year’’ before the period. Section 301 of the Small Business Investment partment or agency specifying the terms and (b) LEVERAGE FEE.—Section 303(i) of the Small Act of 1958 (15 U.S.C. 681) is amended by adding conditions of the grants and providing appro- Business Investment Act of 1958 (15 U.S.C. the following: priate monitoring of expenditures by the intermediary and ultimate grant recipient to in- 683(i)) is amended by striking ‘‘, payable upon’’ ‘‘(d) FEES.— and all that follows before the period and in- ‘‘(1) IN GENERAL.—The Administration may sure compliance with the purpose of the grant. serting the following: ‘‘in the following manner: prescribe fees to be paid by each applicant for a ‘‘(iv) On January 31, 1999, and annually 1 percent upon the date on which the Adminis- license to operate as a small business investment thereafter, the Administration shall submit to tration enters into any commitment for such le- company under this Act. the Committees on Small Business of the House of Representatives and the Senate a report on verage with the licensee, and the balance of 2 ‘‘(2) USE OF AMOUNTS.—Amounts collected percent (or 3 percent in which case in which no pursuant to this subsection shall be— any monies distributed pursuant to the provi- commitment has been entered into by the Ad- ‘‘(A) deposited in the account for salaries and sions of this paragraph. ministration) on the date on which the leverage expenses of the Administration; and ‘‘(v) No funds are authorized to be provided to is drawn by the licensee’’. ‘‘(B) available without further appropriation carry out the grant program authorized by this (c) PERIODIC ISSUANCE OF GUARANTEES AND solely to cover contracting and other adminis- paragraph (F) except by transfer from another TRUST CERTIFICATES.—Section 320 of the Small trative costs related to licensing.’’. Federal department or agency to the Adminis- tration.’’. Business Investment Act of 1958 (15 U.S.C. 687m) SEC. 244. EXAMINATION FEES. is amended by striking ‘‘three months’’ and in- Section 310(b) of the Small Business Invest- TITLE III—WOMEN’S BUSINESS serting ‘‘6 months’’. ment Act of 1958 (15 U.S.C. 687b(b)) is amended ENTERPRISES (d) INDEXING FOR LEVERAGE.—Section 303 of by inserting after the first sentence the follow- SEC. 301. REPORTS. the Small Business Investment Act of 1958 (15 ing: ‘‘Fees collected under this subsection shall Section 404 of the Women’s Business Owner- U.S.C. 683) is amended— be deposited in the account for salaries and ex- ship Act of 1988 (15 U.S.C. 631 note) is amend- (1) in subsection (b)— penses of the Administration, and are author- ed— (A) in paragraph (2), by adding at the end the ized to be appropriated solely to cover the costs (1) by inserting ‘‘, through the Small Business following: of examinations and other program oversight ac- Administration,’’ after ‘‘transmit’’; ‘‘(D)(i) The dollar amounts in subparagraphs tivities.’’. (2) by striking paragraph (1) and redesignat- (A), (B), and (C) shall be adjusted annually to ing paragraphs (2) through (4) as paragraphs Subtitle D—Microloan Program reflect increases in the Consumer Price Index es- (1) through (3), respectively; and tablished by the Bureau of Labor Statistics of SEC. 251. MICROLOAN PROGRAM EXTENSION. (3) in paragraph (1), as redesignated, by in- the Department of Labor. (a) LOAN LIMITS.—Section 7(m)(3)(C) of the serting before the semicolon the following: ‘‘, in- ‘‘(ii) The initial adjustments made under this Small Business Act (15 U.S.C. 636(m)(3)(C)) is cluding a status report on the progress of the subparagraph after the date of enactment of the amended by striking ‘‘$2,500,000’’ and inserting Interagency Committee in meeting its respon- Small Business Reauthorization Act of 1997 ‘‘$3,500,000’’. sibilities and duties under section 402(a)’’. shall reflect only increases from March 31, (b) LOAN LOSS RESERVE FUND.—Section SEC. 302. COUNCIL DUTIES. 1993.’’; and 7(m)(3)(D) of the Small Business Act (15 U.S.C. Section 406 of the Women’s Business Owner- (B) by striking paragraph (4) and inserting 636(m)(3)(D)) is amended by striking clauses (i) ship Act of 1988 (15 U.S.C. 631 note) is amend- the following: and (ii), and inserting the following: ed— ‘‘(4) MAXIMUM AGGREGATE AMOUNT OF LEVER- ‘‘(i) during the initial 5 years of the (1) in subsection (c), by inserting after ‘‘Ad- AGE.— intermediary’s participation in the program ministrator’’ the following: ‘‘(through the As- ‘‘(A) IN GENERAL.—Except as provided in sub- under this subsection, at a level equal to not sistant Administrator for the Office of Women’s paragraph (B), the aggregate amount of out- more than 15 percent of the outstanding balance Business Ownership)’’; and standing leverage issued to any company or of the notes receivable owed to the intermediary; (2) in subsection (d)— companies that are commonly controlled (as de- and (A) in paragraph (4), by striking ‘‘and’’ at the termined by the Administrator) may not exceed ‘‘(ii) in each year of participation thereafter, end; $90,000,000, as adjusted annually for increases at a level equal to not more than the greater (B) in paragraph (5), by striking the period at in the Consumer Price Index. of— the end and inserting ‘‘; and’’; and S11520 CONGRESSIONAL RECORD — SENATE October 31, 1997

(C) by adding at the end the following: developing pricing strategies, locating contract ‘‘(g) OFFICE OF WOMEN’S BUSINESS OWNER- ‘‘(6) submit to the President and to the Com- opportunities, negotiating contracts, and utiliz- SHIP.—There is established within the Adminis- mittee on Small Business of the Senate and the ing varying public relations and advertising tration an Office of Women’s Business Owner- Committee on Small Business of the House of techniques. ship, which shall be responsible for the adminis- Representatives, an annual report containing— ‘‘(c) CONDITIONS OF PARTICIPATION.— tration of the Administration’s programs for the ‘‘(A) a detailed description of the activities of ‘‘(1) NON-FEDERAL CONTRIBUTIONS.—As a con- development of women’s business enterprises (as the council, including a status report on the dition of receiving financial assistance author- that term is defined in section 408 of the Wom- Council’s progress toward meeting its duties out- ized by this section, the recipient organization en’s Business Ownership Act of 1988). The Of- lined in subsections (a) and (d) of section 406; shall agree to obtain, after its application has fice of Women’s Business Ownership shall be ‘‘(B) the findings, conclusions, and rec- been approved and notice of award has been is- administered by an Assistant Administrator, ommendations of the Council; and sued, cash contributions from non-Federal who shall be appointed by the Administrator. ‘‘(C) the Council’s recommendations for such sources as follows: ‘‘(h) REPORT.—The Administrator shall pre- legislation and administrative actions as the ‘‘(A) In the first and second years, 1 non-Fed- pare and submit an annual report to the Com- Council considers appropriate to promote the de- eral dollar for each 2 Federal dollars. mittees on Small Business of the House of Rep- velopment of small business concerns owned and ‘‘(B) In the third year, 1 non-Federal dollar resentatives and the Senate on the effectiveness controlled by women. for each Federal dollar. of all projects conducted under the authority of ‘‘(e) SUBMISSION OF REPORTS.—The annual re- ‘‘(C) In the fourth and fifth years, 2 non-Fed- this section. Such report shall provide informa- port required by subsection (d) shall be submit- eral dollars for each Federal dollar. tion concerning— ted not later than 90 days after the end of each ‘‘(2) FORM OF NON-FEDERAL CONTRIBUTIONS.— ‘‘(1) the number of individuals receiving as- fiscal year.’’. Not more than one-half of the non-Federal sec- sistance; SEC. 303. COUNCIL MEMBERSHIP. tor matching assistance may be in the form of ‘‘(2) the number of startup business concerns Section 407 of the Women’s Business Owner- in-kind contributions which are budget line formed; ship Act of 1988 (15 U.S.C. 631 note) is amend- items only, including but not limited to office ‘‘(3) the gross receipts of assisted concerns; ed— equipment and office space. ‘‘(4) increases or decreases in profits of as- (1) in subsection (a), by striking ‘‘and Amend- ‘‘(3) FORM OF FEDERAL CONTRIBUTIONS.—The sisted concerns; and ments Act of 1994’’ and inserting ‘‘Act of 1997’’; financial assistance authorized pursuant to this ‘‘(5) the employment increases or decreases of (2) in subsection (b)— section may be made by grant, contract, or coop- assisted concerns. (A) by striking ‘‘and Amendments Act of 1994’’ erative agreement and may contain such provi- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— and inserting ‘‘Act of 1997’’; sion, as necessary, to provide for payments in There are authorized to be appropriated (B) by inserting after ‘‘the Administrator lump sum or installments, and in advance or by $8,000,000 per year to carry out the projects au- shall’’ the following: ‘‘, after receiving the rec- way of reimbursement. The Administration may thorized by this section of which for fiscal year ommendations of the Chair and the Ranking disburse up to 25 percent of each year’s Federal 1998 not more than 10 percent may be used for Member of the Minority of the Committees on share awarded to a recipient organization after administrative expenses related to the program. Small Business of the House of Representatives notice of the award has been issued and before Amounts appropriated pursuant to this sub- and the Senate,’’; the non-Federal sector matching funds are ob- section for fiscal year 1999 and later are to be (C) by striking ‘‘9’’ and inserting ‘‘14’’; tained. used exclusively for grant awards and not for (D) in paragraph (1), by striking ‘‘2’’ and in- ‘‘(4) FAILURE TO OBTAIN PRIVATE FUNDING.—If costs incurred by the Administration for the serting ‘‘4’’; any recipient of assistance fails to obtain the re- management and administration of the program. (E) in paragraph (2)— quired non-Federal contribution during any Notwithstanding any other provision of law, the (i) by striking ‘‘2’’ and inserting ‘‘4’’; and project, it shall not be eligible thereafter for ad- Administration may use such expedited acquisi- (ii) by striking ‘‘and’’ at the end; vance disbursements pursuant to paragraph (3) tion methods as it deems appropriate, through (F) in paragraph (3)— during the remainder of that project, or for any the Assistant Administrator of the Office of (i) by striking ‘‘5’’ and inserting ‘‘6’’; and other project for which it is or may be funded by Women’s Business Ownership, to achieve the (ii) by striking ‘‘national’’. the Administration, and prior to approving as- purposes of this section, except that the Admin- SEC. 304. AUTHORIZATION OF APPROPRIATIONS. sistance to such organization for any other istration shall ensure that all small business Section 409 of the Women’s Business Owner- projects, the Administration shall specifically sources are provided a reasonable opportunity ship Act of 1988 (15 U.S.C. 631 note) is amend- determine whether the Administration believes to submit proposals.’’. ed— that the recipient will be able to obtain the req- (b) APPLICABILITY.—Any organization con- (1) by striking ‘‘1995 through 1997’’ and insert- uisite non-Federal funding and enter a written ducting a 3-year project under section 29 of the ing ‘‘1998 through 2000’’; and finding setting forth the reasons for making Small Business Act (15 U.S.C. 656) on the day (2) by striking ‘‘$350,000’’ and inserting such determination. before the date of enactment of this Act, may ex- ‘‘$600,000, of which $200,000 shall be for grants ‘‘(d) CONTRACT AUTHORITY.—A women’s busi- tend the term of that project to a total term of for research of women’s procurement or finance ness center may enter into a contract with a 5 years and receive financial assistance in ac- issues.’’. Federal department or agency to provide specific cordance with section 29(c) of the Small Busi- assistance to women and other underserved ness Act (as amended by this title) subject to SEC. 305. WOMEN’S BUSINESS CENTERS. small business concerns. Performance of such procedures established by the Administrator in (a) IN GENERAL.—Section 29 of the Small Busi- contract should not hinder the women’s busi- coordination with the Office of Women’s Busi- ness Act (15 U.S.C. 656) is amended to read as ness centers in carrying out the terms of the ness Ownership established under section 29 of follows: grant received by the women’s business centers the Small Business Act (15 U.S.C. 656) (as ‘‘SEC. 29. WOMEN’S BUSINESS CENTERS. from the Administration. amended by this title). EFINITION ‘‘(a) D .—For the purposes of this ‘‘(e) SUBMISSION OF 5-YEAR PLAN.—Each ap- SEC. 306. OFFICE OF WOMEN’S BUSINESS OWNER- section the term ‘small business concern owned plicant organization initially shall submit a 5- SHIP. and controlled by women’, either startup or ex- year plan to the Administration on proposed Section 29 of the Small Business Act (15 U.S.C. isting, includes any small business concern— fundraising and training activities, and a recip- 656) is amended by adding at the end the follow- ‘‘(1) that is not less than 51 percent owned by ient organization may receive financial assist- ing: one or more women; and ance under this program for a maximum of 5 ‘‘(j) ASSISTANT ADMINISTRATOR FOR THE OF- ‘‘(2) the management and daily business oper- years per women’s business center. FICE OF WOMEN’S BUSINESS OWNERSHIP.— ations of which are controlled by one or more ‘‘(f) CRITERIA.—The Administration shall ‘‘(1) ESTABLISHMENT.—There is established the women. evaluate and rank applicants in accordance position of Assistant Administrator for the Of- ‘‘(b) AUTHORITY.—The Administration may with predetermined selection criteria that shall fice of Women’s Business Ownership (hereafter provide financial assistance to private organiza- be stated in terms of relative importance. Such in this section referred to as the ‘Assistant Ad- tions to conduct 5-year projects for the benefit criteria and their relative importance shall be ministrator’) who shall serve without regard to of small business concerns owned and controlled made publicly available and stated in each so- the provisions of title 5, United States Code, by women. The projects shall provide— licitation for applications made by the Adminis- governing appointments in the competitive serv- ‘‘(1) financial assistance, including training tration. The criteria shall include— ice. and counseling in how to apply for and secure ‘‘(1) the experience of the applicant in con- ‘‘(2) RESPONSIBILITIES AND DUTIES.— business credit and investment capital, prepar- ducting programs or ongoing efforts designed to ‘‘(A) RESPONSIBILITIES.—The responsibilities ing and presenting financial statements, and impart or upgrade the business skills of women of the Assistant Administrator shall be to ad- managing cash flow and other financial oper- business owners or potential owners; minister the programs and services of the Office ations of a business concern; ‘‘(2) the present ability of the applicant to of Women’s Business Ownership established to ‘‘(2) management assistance, including train- commence a project within a minimum amount assist women entrepreneurs in the areas of— ing and counseling in how to plan, organize, of time; ‘‘(i) starting and operating a small business; staff, direct, and control each major activity ‘‘(3) the ability of the applicant to provide ‘‘(ii) development of management and tech- and function of a small business concern; and training and services to a representative number nical skills; ‘‘(3) marketing assistance, including training of women who are both socially and economi- ‘‘(iii) seeking Federal procurement opportuni- and counseling in identifying and segmenting cally disadvantaged; and ties; and domestic and international market opportuni- ‘‘(4) the location for the women’s business ‘‘(iv) increasing the opportunity for access to ties, preparing and executing marketing plans, center site proposed by the applicant. capital. October 31, 1997 CONGRESSIONAL RECORD — SENATE S11521

‘‘(B) DUTIES.—Duties of the position of the (1) by striking ‘‘standard industrial classifica- (1) in paragraph (3)— Assistant Administrator shall include— tion code’’ each time it appears and inserting in (A) in subparagraph (A), by striking ‘‘busi- ‘‘(i) administering and managing the Women’s lieu thereof ‘‘North American Industrial Classi- nesses;’’ and inserting ‘‘businesses, including— Business Centers program; fication Code’’; and ‘‘(i) working with individuals to increase ‘‘(ii) recommending the annual administrative (2) by striking ‘‘standard industrial classifica- awareness of basic credit practices and credit re- and program budgets for the Office of Women’s tion codes’’ each time it appears and inserting quirements; Business Ownership (including the budget for in lieu thereof ‘‘North American Industrial Clas- ‘‘(ii) working with the Administration to de- the Women’s Business Centers); sification Codes’’. velop and provide informational tools for use in ‘‘(iii) establishing appropriate funding levels TITLE V—MISCELLANEOUS PROVISIONS working with individuals on pre-business start- therefore; up planning, existing business expansion, busi- SEC. 501. SMALL BUSINESS DEVELOPMENT CEN- ‘‘(iv) reviewing the annual budgets submitted TERS. ness plans, financial packages, credit applica- by each applicant for the Women’s Business (a) IN GENERAL.—Section 21(a) of the Small tions, contract proposals, and export planning; Center program; Business Act (15 U.S.C. 648(a)) is amended— and ‘‘(v) selecting applicants to participate in this (1) in paragraph (1), by inserting ‘‘any wom- ‘‘(iii) working with individuals referred by the program; en’s business center operating pursuant to sec- local offices of the Administration and Adminis- ‘‘(vi) implementing this section; tion 29,’’ after ‘‘credit or finance corporation,’’; tration participating lenders;’’; ‘‘(vii) maintaining a clearinghouse to provide (2) in paragraph (3)— (B) in each of subparagraphs (B), (C), (D), for the dissemination and exchange of informa- (A) by striking ‘‘, but with’’ and all that fol- (E), (F), (G), (M), (N), (O), (Q), and (R) by mov- tion between Women’s Business Centers; lows through ‘‘parties.’’ and inserting the fol- ing each margin two ems to the left; ‘‘(viii) serving as the vice chairperson of the lowing: ‘‘for the delivery of programs and serv- (C) in subparagraph (C), by inserting ‘‘and Interagency Committee on Women’s Business ices to the Small Business community. Such pro- the Administration’’ after ‘‘Center’’; Enterprise; grams and services shall be jointly developed, (D) in subparagraph (Q), by striking ‘‘and’’ at ‘‘(ix) serving as liaison for the National Wom- negotiated, and agreed upon, with full partici- the end; en’s Business Council; and pation of both parties, pursuant to an executed (E) in subparagraph (R), by striking the pe- ‘‘(x) advising the Administrator on appoint- cooperative agreement between the Small Busi- riod at the end and inserting ‘‘; and’’; and ments to the Women’s Business Council. ness Development Center applicant and the Ad- (2) in paragraph (5)— (A) by moving the margin 2 ems to the left; ‘‘(3) CONSULTATION REQUIREMENTS.—In carry- ministration.’’; and ing out the responsibilities and duties described (B) by adding at the end the following: (B) by striking ‘‘paragraph (a)(1)’’ and insert- in this subsection, the Assistant Administrator ‘‘(C) On an annual basis, the Small Business ing ‘‘subsection (a)(1)’’; shall confer with and seek the advice of the Ad- Development Center shall review and coordinate (C) by striking ‘‘which ever’’ and inserting ministration officials in areas served by the public and private partnerships and cosponsor- ‘‘whichever’’; and (D) by striking ‘‘last,,’’ and inserting ‘‘last,’’; Women’s Business Centers. ships with the Administration for the purpose of (3) by redesignating paragraphs (4) through ‘‘(k) PROGRAM EXAMINATION.— more efficiently leveraging available resources (7) as paragraphs (5) through (8), respectively; ‘‘(1) IN GENERAL.—Not later than 180 days on a National and a State basis.’’; after the date of enactment of this subsection, (3) in paragraph (4)(C)— and the Administration shall develop and implement (A) by striking clause (i) and inserting the fol- (4) in paragraph (3), in the undesignated ma- an annual programmatic and financial exam- lowing: terial following subparagraph (S) (as added by ination of each Women’s Business Center estab- ‘‘(i) IN GENERAL.— this subsection), by striking ‘‘A small’’ and in- lished pursuant to this section. ‘‘(I) MAXIMUM AMOUNT.—Except as provided serting the following: ‘‘(2) EXTENSION OF CONTRACTS.—In extending in clause (ii), and subject to subclause (II) of ‘‘(4) A small’’. or renewing a contract with a Women’s Business this clause, the amount of a grant received by a (c) COMPETITIVE AWARDS.—Section 21(l) of the Center, the Administration shall consider the re- State under this section shall not exceed greater Small Business Act (15 U.S.C. 648(l)) is amended sults of the examination conducted pursuant to of— by adding at the end the following: ‘‘If any con- paragraph (1). ‘‘(aa) $500,000; and tract under this section is not renewed or ex- ‘‘(l) CONTRACT AUTHORITY.—The authority of ‘‘(bb) the State’s pro rata share of a national tended, award of the succeeding contract shall the Administration to enter into contracts shall program, based upon the population of the State be made on a competitive basis.’’. be in effect for each fiscal year only to the ex- as compared to the total population of the Unit- (d) PROHIBITION ON CERTAIN FEES.—Section tent and in the amounts as are provided in ad- ed States. 21 of the Small Business Act (15 U.S.C. 648) is vance in appropriations Acts. After the Admin- ‘‘(II) EXCEPTION.—Subject to the availability amended by adding at the end the following: istration has entered a contract, either as a of amounts made available in advance in an ap- ‘‘(m) PROHIBITION ON CERTAIN FEES.—A small grant or a cooperative agreement, with any ap- propriations Act to carry out this section for business development center shall not impose or plicant under this section, it shall not suspend, any fiscal year in excess of amounts so provided otherwise collect a fee or other compensation in terminate, or fail to renew or extend any such for fiscal year 1997, the amount of a grant re- connection with the provision of counseling contract unless the Administration provides the ceived by a State under this section shall not ex- services under this section.’’. applicant with written notification setting forth ceed the greater of $500,000, and the sum of— SEC. 502. SMALL BUSINESS EXPORT PROMOTION. the reasons therefore and affording the appli- ‘‘(aa) the State’s pro rata share of a national (a) IN GENERAL.—Section 21(c)(3) of the Small cant an opportunity for a hearing, appeal, or program, based upon the population of the State Business Act (15 U.S.C. 648(c)(3)) is amended by other administrative proceeding under chapter 5 as compared to the total population of the Unit- inserting after subparagraph (R) the following: of title 5, United States Code.’’. ed States; and ‘‘(S) providing small business owners with ac- ‘‘(bb) and $300,000 in fiscal year 1998, $400,000 cess to a wide variety of export-related informa- TITLE IV—COMPETITIVENESS PROGRAM in fiscal year 1999, and $500,000 in each fiscal tion by establishing on-line computer linkages SEC. 401. PROGRAM TERM. year thereafter.’’; and between small business development centers and Section 711(c) of the Small Business Competi- (B) in clause (iii), by striking ‘‘(iii)’’ and all an international trade data information net- tiveness Demonstration Program Act of 1988 (15 that follows through ‘‘1997.’’ and inserting the work with ties to the Export Assistance Center U.S.C. 644 note) is amended by striking ‘‘, and following: program.’’. terminate on September 30, 1997’’. ‘‘(iii) NATIONAL PROGRAM.—The national pro- (b) AUTHORIZATION OF APPROPRIATIONS.— SEC. 402. MONITORING AGENCY PERFORMANCE. gram under this section shall be— There are authorized to be appropriated to carry Section 712(d)(1) of the Small Business Com- ‘‘(I) $85,000,000 for fiscal year 1998; out section 21(c)(3)(S) of the Small Business Act petitiveness Demonstration Program Act of 1988 ‘‘(II) $90,000,000 for fiscal year 1999; and (15 U.S.C. 648(c)(3)(S)), as added by this section, (15 U.S.C. 644 note) is amended to read as fol- ‘‘(III) $95,000,000 for fiscal year 2000 and each $1,500,000 for each of fiscal years 1998 and 1999. lows: fiscal year thereafter.’’; and (4) in paragraph (6)— SEC. 503. PILOT PREFERRED SURETY BOND ‘‘(1) Participating agencies shall monitor the GUARANTEE PROGRAM EXTENSION. (A) in subparagraph (A), by striking ‘‘and’’ at attainment of their small business participation Section 207 of the Small Business Administra- the end; goals on an annual basis. An annual review by (B) in subparagraph (B), by striking the tion Reauthorization and Amendment Act of each participating agency shall be completed comma at the end and inserting ‘‘; and’’; and 1988 (15 U.S.C. 694b note) is amended by striking not later than January 31 of each year, based (C) inserting after subparagraph (B) the fol- ‘‘September 30, 1997’’ and inserting ‘‘September on the data for the preceding fiscal year, from lowing: 30, 2000’’. October 1 through September 30.’’. ‘‘(C) with outreach, development, and en- SEC. 504. VERY SMALL BUSINESS CONCERNS. SEC. 403. SMALL BUSINESS PARTICIPATION IN hancement of minority-owned small business Section 304(i) of Public Law 103–403 (15 U.S.C. DREDGING. startups or expansions, veteran-owned small 644 note) is amended by striking ‘‘1998’’ and in- Section 722(a) of the Small Business Competi- business startups or expansions, and women- serting ‘‘2000’’. tiveness Demonstration Program Act of 1988 (15 owned small business startups or expansions, in SEC. 505. EXTENSION OF COSPONSORSHIP AU- U.S.C. 644 note) is amended by striking ‘‘and communities impacted by base closings or mili- THORITY. terminating on September 30, 1997’’. tary or corporate downsizing, or in rural or un- Section 401(a)(2) of the Small Business Admin- SEC. 404. TECHNICAL AMENDMENT. derserved communities;’’. istration Reauthorization and Amendments Act Section 717 of the Small Business Competitive- (b) SBDC SERVICES.—Section 21(c) of the of 1994 (15 U.S.C. 637 note) is amended by strik- ness Demonstration Program Act of 1988 (15 Small Business Act (15 U.S.C. 648(c)) is amend- ing ‘‘September 30, 1997’’ and inserting ‘‘Septem- U.S.C. 644 note) is amended— ed— ber 30, 2000’’. S11522 CONGRESSIONAL RECORD — SENATE October 31, 1997 SEC. 506. TRADE ASSISTANCE PROGRAM FOR veterans and their small businesses, unless such (4) in subsection (n)(1)(C), by striking ‘‘and SMALL BUSINESS CONCERNS access is specifically prohibited by law. 1997’’ and inserting in lieu thereof ‘‘through HARMED BY NAFTA. SEC. 604. INFORMATION COLLECTION. 2000’’; The Small Business Administration shall co- After the date of issuance of the report re- (5) in subsection (o)— ordinate assistance programs currently adminis- quired by section 603, the Secretary of Veterans (A) by redesignating paragraphs (8) through tered by the Administration to counsel small Affairs shall, in consultation with the Assistant (11) as paragraphs (10) through (13), respec- business concerns harmed by the North Amer- Secretary for Veterans’ Employment and Train- tively; and ican Free Trade Agreement to aid such concerns ing and the Administrator, engage in efforts (B) by inserting after paragraph (7) the fol- in reorienting their business purpose. each fiscal year to identify small business con- lowing new paragraphs: TITLE VI—SERVICE DISABLED VETERANS cerns owned and controlled by eligible veterans ‘‘(8) include, as part of its annual perform- SEC. 601. PURPOSES. in the United States. The Secretary shall inform ance plan as required by section 1115(a) and (b) The purposes of this title are— each small business concern identified under of title 31, United States Code, a section on its (1) to foster enhanced entrepreneurship this section that information on Federal pro- STTR program, and shall submit such section to among eligible veterans by providing increased curement is available from the Administrator. the Committee on Small Business of the Senate, opportunities; SEC. 605. STATE OF SMALL BUSINESS REPORT. and the Committee on Science and the Commit- (2) to vigorously promote the legitimate inter- Section 303(b) of the Small Business Economic tee on Small Business of the House of Rep- ests of small business concerns owned and con- Policy Act of 1980 (15 U.S.C. 631b(b)) is amended resentatives; trolled by eligible veterans; and by striking ‘‘and female-owned businesses’’ and ‘‘(9) collect such data from awardees as is nec- (3) to ensure that those concerns receive fair inserting ‘‘, female-owned, and veteran-owned essary to assess STTR program outputs and out- consideration in purchases made by the Federal businesses’’. comes;’’; and Government. SEC. 606. LOANS TO VETERANS. (6) by adding at the end the following new SEC. 602. DEFINITIONS. Section 7(a) of the Small Business Act (15 subsections: For purposes of this title, the following defini- U.S.C. 636(a)) is amended by inserting after ‘‘(s) OUTREACH PROGRAM.—Within 90 days tions apply: paragraph (7) the following: after the date of the enactment of this sub- (1) ADMINISTRATION.—The term ‘‘Administra- ‘‘(8) The Administration is empowered to make section, the Administrator shall develop and tion’’ means the Small Business Administration. loans under this subsection to small business begin implementation of an outreach program to (2) ADMINISTRATOR.—The term ‘‘Adminis- concerns owned and controlled by disabled vet- encourage increased participation in the STTR trator’’ means the Administrator of the Small erans. For purposes of this paragraph, the term program of small business concerns, universities, Business Administration. ‘disabled veteran’ shall have the meaning such and other research institutions located in States (3) ELIGIBLE VETERAN.—The term ‘‘eligible term has in section 4211(3) of title 38, United in which the total number of STTR awards for veteran’’ means a disabled veteran, as defined States Code.’’. the previous 2 fiscal years is less than 20. in section 4211(3) of title 38, United States Code. SEC. 607. ENTREPRENEURIAL TRAINING, COUN- ‘‘(t) INCLUSION IN STRATEGIC PLANS.—Program (4) SMALL BUSINESS CONCERN OWNED AND CON- SELING, AND MANAGEMENT ASSIST- information relating to the SBIR and STTR pro- TROLLED BY ELIGIBLE VETERANS.—The term ANCE. grams shall be included by Federal agencies in ‘‘small business concern owned and controlled The Administrator shall take such actions as any updates and revisions required under sec- by eligible veterans’’ means a small business may be necessary to ensure that small business tion 306(b) of title 5, United States Code.’’. concern (as defined in section 3 of the Small concerns owned and controlled by eligible veter- AMENDMENT NO. 1543 Business Act)— ans have access to programs established under (A) which is at least 51 percent owned by 1 or the Small Business Act which provide entre- (Purpose: To provide a complete substitute) more eligible veteran, or in the case of a publicly preneurial training, business development as- Mr. BOND. Mr. President, I move to owned business, at least 51 percent of the stock sistance, counseling, and management assist- concur in the House amendment with of which is owned by 1 or more eligible veteran; ance to small business concerns. Such programs an amendment which is at the desk. and include the Small Business Development Center, (B) whose management and daily business op- Small Business Institute, Service Corps of Re- The PRESIDING OFFICER. The erations are controlled by eligible veterans. tired Executives (SCORE), and Active Corps of clerk will report. SEC. 603. REPORT BY SMALL BUSINESS ADMINIS- Executives (ACE) programs. The assistant legislative clerk read TRATION. SEC. 608. GRANTS FOR ELIGIBLE VETERANS OUT- as follows: REACH PROGRAMS. (a) STUDY AND REPORT.—Not later than 6 The Senator from Missouri [Mr. BOND] pro- months after the date of the enactment of this Section 8(b) of the Small Business Act (15 poses an amendment numbered 1543. Act, the Administrator shall conduct a com- U.S.C. 637(b)) is amended— prehensive study and issue a final report to the (1) by striking ‘‘and’’ at the end of paragraph (The text of the amendment is lo- Committees on Small Business of the House of (15); cated in today’s RECORD under Representatives and the Senate containing find- (2) by striking the period at the end of the ‘‘Amendments Submitted.’’) ings and recommendations of the Administrator first paragraph (16) and inserting ‘‘; and’’; Mr. BOND. Mr. President, I advise on— (3) by striking the second paragraph (16); and (4) by adding at the end the following new my colleagues that after long negotia- (1) the needs of small business concerns owned tions, I think we have reached an and controlled by eligible veterans; paragraph: ‘‘(17) to make grants to, and enter into con- agreement on the measure to reauthor- (2) the availability and utilization of Adminis- tracts and cooperative agreements with, edu- tration programs by small business concerns ize the Small Business Administration cational institutions, private businesses, veter- owned and controlled by eligible veterans; for the next 3 fiscal years to continue ans’ nonprofit community-based organizations, (3) the percentage, and dollar value, of Fed- vitally important programs and to add and Federal, State, and local departments and eral contracts awarded to small business con- new programs which we think will be agencies for the establishment and implementa- cerns owned and controlled by eligible veterans tion of outreach programs for disabled veterans, of significant benefit to our country. in the preceding 5 fiscal years; and as defined in section 4211(3) of title 38, United The measure before us now is similar (4) methods to improve Administration and States Code.’’. to the bill we passed in early Septem- other programs to serve the needs of small busi- ness concerns owned and controlled by eligible SEC. 609. OUTREACH FOR ELIGIBLE VETERANS. ber, and it includes changes passed by veterans. The Administrator, the Secretary of Veterans the House of Representatives. The report also shall include recommendations Affairs, and the Assistant Secretary of Labor for The negotiations have been very de- to Congress concerning the need for legislation Veterans’ Employment and Training shall de- tailed, and we think if we can get to and recommendations to the Office of Manage- velop and implement a program of comprehen- passage of this measure on the House sive outreach to assist eligible veterans. Such ment and Budget, relevant offices within the side prior to the adjournment for the Administration, and the Department of Veterans outreach shall include business training and management assistance, employment and reloca- remainder of the calendar year that Affairs. our Nation’s small businesses will be (b) CONDUCT OF STUDY.—In carrying out sub- tion counseling, and dissemination of informa- section (a), the Administrator— tion on veterans benefits and veterans entitle- greatly aided by this bill. (1) may conduct surveys of small business con- ments. There are certain programs in the cerns owned and controlled by eligible veterans TITLE VII—SMALL BUSINESS Small Business Administration that and service disabled veterans, including those TECHNOLOGY TRANSFER PROGRAM need to be reauthorized, and that can- who have sought financial assistance or other SEC. 701. AMENDMENTS. not occur without this legislation. services from the Administration; Section 9 of the Small Business Act (15 U.S.C. Some of the loan programs will con- (2) shall consult with the appropriate commit- 638) is amended— tinue even without the reauthoriza- tees of Congress, relevant groups and organiza- (1) in subsection (b)(7), by inserting ‘‘, and the tion, but the Small Business Tech- tions in the non-profit sector, and Federal or Committee on Science’’ after ‘‘of the Senate’’; State government agencies; and (2) in subsection (e)(4)(A) by striking ‘‘(ii)’’; nology Transfer Program, known as (3) shall have access to any information with- (3) in subsection (e)(6)(B), by inserting ‘‘agen- STTR, the Microloan Program, the 504 in other Federal agencies which pertains to such cy’’ after ‘‘to meet particular’’; Loan Program, the Small Business October 31, 1997 CONGRESSIONAL RECORD — SENATE S11523 Competitiveness Demonstration Pro- HUBZone Program can do a tremen- ness Administration, creates a new program, gram, and SBA’s cosponsorship author- dous amount to assist us in the goal and makes a number of changes in existing ity will expire if there is no reauthor- which I think is generally agreed upon programs. ization passed and signed by the Presi- around here, and that is to provide TITLE 1: AUTHORIZATIONS dent. more opportunities for people who need In addition, the measure that we want to move from welfare or depend- In Title I, the bill authorizes appropria- passed unanimously in early Septem- ency upon public assistance to gainful tions for SBA’s several business loan pro- ber includes provisions relating to the employment. grams and for certain business development very important issue of bundling of Mr. President, I am very pleased that programs for Fiscal Years 1998, 1999, and 2000. large Federal contracts. The bill adds a we can accomplish passage of this im- Included among the loan programs are sec- tion 7(a) loan guarantees, 7(a)(21) defense new outreach program for disabled vet- portant legislation today. We hope that erans. It also includes significant conversion loan guarantees, Microloans, the House will move on it expeditiously Small Business Investment Company (SBIC) changes in the Microloan Program, next week so that we can get the meas- debentures, and SBIC Participating Securi- which was a top priority of Senator ure to the President for his signature ties. Also included in this Title is a ‘‘such KERRY and others. The bill contains before we adjourn for the year. sums as may be necessary’’ authorization of my HUBZones Program which is de- Mr. President, I ask unanimous con- appropriations for SBA business and home- signed to encourage small businesses to sent that a joint explanatory state- owner disaster loans, which are direct loans provide welfare-to-work opportunities ment describing this bill be printed in made to individuals and businesses in com- in inner cities and in rural areas of the RECORD. munities which have been affected by natu- high unemployment by providing small There being no objection, the mate- ral disasters. business contracts set-asides in rial was ordered to be printed in the Except for disaster loan funding, the au- HUBZones, which are historically RECORD, as follows: thorization levels with respect to funding for underutilized business zones marked by JOINT EXPLANATORY STATEMENT SBA loan programs, and certain business de- high rates of poverty and high rates of The bill establishes authorizations of ap- velopment programs, are set forth in the fol- unemployment. We believe the propriation for programs of the Small Busi- lowing chart. Program Levels for SBA Reauthorization Bill [In millions]

Current Level SBA 3 Year Authorization Request Reauthorization Bill Program FY 98 FY 97 Budget 1998 1999 2000 1998 1999 2000 Request

7(a) ...... $10.3 $8.5 $10 $11 $13 $12,000 $13,000 $14,500 504 ...... 2.65 2.3 3 3.5 4.5 3,000 3,500 4,500 SBIC: Debentures ...... 300 376 450 550 650 600 700 800 Participating Securities ...... 410 456 600 700 850 700 800 900 Microloan: Technical Assistance ...... 13 16.5 42 65.8 86.7 40 40 40 Direct Loans ...... 24 19 60 60 60 60 60 60 Guaranteed Loans ...... 19 25 40 40 40 40 40 40 Delta ...... 48 88 1 1 1,000 1,000 1,000 1,000 Surety Bond Guarantee ...... 1,800 1,700 General Program ...... N/A N/A 1,350 1,350 1,350 1,350 1,350 1,350 Preferred Program ...... N/A N/A 650 650 650 650 650 650 SCORE ...... 3.3 3.5 3.9 4.2 4.5 4 4.5 5 SBDC Base Closure Assistance ...... 2 15 15 15 15 15 15 Women’s Business Centers ...... 4 4 4 4 4 8 8 8

TITLE II: FINANCIAL ASSISTANCE PROGRAMS Section 202. Welfare-to-Work Microloan Initia- The bill authorizes SBA to fund the supple- Subtitle A—Microloan Program tive. mental microloan technical assistance The bill establishes a Welfare-to-Work grants solely through transfers by coopera- Section 201. Microloan Program. Microloan Initiative, a three-year initiative tive agreements with other Federal depart- The bill authorizes the direct microloan to test the feasibility of providing supple- ments or agencies which have appropriated program, including the technical assistance mental grants to existing microloan funds for the purpose of moving individuals grants, as a permanent program and extends intermediaries and technical assistance pro- from public assistance to employment. The the guaranteed microloan program through viders specifically targeted to helping indi- Small Business Administration is authorized Fiscal Year 2000. In doing so, the Congress viduals leave public assistance and establish to receive $3 million for Fiscal Year 1998, $4 recognizes the effectiveness of these pro- their own businesses. While this initiative is million for Fiscal Year 1999, and $5 million grams and the integral role they play in not expected to be appropriate for all indi- for Fiscal Year 2000 for the welfare-to-work SBA’s array of small business financial as- viduals seeking to leave public assistance, microloan initiative. sistance programs. In order to maintain the testimony before the Senate Committee in- Subtitle B—Small Business Investment Company financial integrity and success of the pro- dicated that in the state of Iowa microloan Program grams, including the welfare-to-work technical assistance has been one useful tool for assisting some in this population to es- microloan initiative authorized by section Section 211. Five Year Commitments for SBICs 202 of this bill, SBA should continue to ad- tablish small businesses. By authorizing 20 locations to target the welfare population, at Option of Administrator. minister the programs through its offices this initiative is intended to test the effec- charged with management and oversight of The bill gives the Administrator of SBA tiveness of this tool in all regions of the small business finance programs. authority to make five year leverage com- country. The bill requires an annual evalua- mitments for SBICs. This new authority is The bill makes a number of changes to the tion of the initiative and its effectiveness in permanent program, including: 1) increases designed to assist SBICs in raising private moving individuals from public assistance to capital, which is matched with government the loan limit for each intermediary under business ownership. guaranteed capital to be invested in small the microloan program from $2,500,000 to The bill also authorizes supplemental businesses. By allowing SBA to approve five $3,500,000; 2) changes the loan loss reserve re- grants to be used, at the discretion of the quirements for an experienced microloan intermediary or technical assistance pro- year commitments, an SBIC will be able to intermediary to the greater of twice its his- vider, to pay all or a portion of the child care obtain leverage commitments based on its toric loss rate or 10 percent of its outstand- or transportation costs of an individual par- typical investment pattern, which normally ing loan balance; 3) increases from 15 percent ticipating in this initiative. These costs are allows for all investments to be made during to 25 percent the percentage of a technical often identified as the highest barriers to the the first five years of the SBIC’s life-cycle. assistance grant that may be used for employment of welfare recipients. To en- Section 212. Fees. microloan program participants prior to courage the creation of small businesses in their receipt of a microloan; and 4) author- these key areas, the bill authorizes the The bill includes a provision to permit izes up to 25 percent of the technical assist- microloan program to assist individuals who SBA to collect fees from applicants for a li- ance grants to be used for contracting with are starting or operating a for-profit or non- cense under the SBIC Program. It permits third parties to provide assistance to micro- profit child care establishment or a for-prof- SBA to retain these funds to offset its over- borrowers. it transportation business. head to conduct a review of each applicant. S11524 CONGRESSIONAL RECORD — SENATE October 31, 1997 Section 213. Small Business Investment Com- Subtitle C—Certified Development Company of this bill. Within 150 days after the date of pany Reform. Program enactment of this bill, SBA is to issue pro- gram guidelines and fully implement (a) Bank Investments Section 221. Loans for Planned Acquisition, Construction, Conversion, and Expansion changes contained in this section. This subsection modifies the Small Busi- The bill permits a borrower under the 504 7(a) Guaranteed Business Loan Program ness Investment Act of 1958 to allow banks to Program to lease out 20 percent of the The bill authorizes SBA to conduct back- continue to invest in SBICs, whether the project to one or more other tenants. This ground ‘‘name’’ checks on all prospective SBIC is organized as a corporation, partner- new authorization will allow the 504 bor- 7(a) and 504 borrowers using the best avail- ship, or limited liability company. This pro- rower to attract an unaffiliated tenant to its able means possible, including the Federal vision expressly permits banks to invest in project that would complement the borrow- Bureau of Investigation, National Crime In- entities established to invest solely in er’s business activity. The bill also permits formation Center (NCIC), computer system if SBICs, with no requirement that such enti- the seller to provide partial financing to the it is available. Although the presence of a ties be registered investment companies. 504 borrower, so long as the seller subordi- criminal record does not act as an absolute Currently, the Small Business Investment nates its interest in the property to that of bar to participation in the SBA’s loan pro- Act only provides that banks may purchase the SBA. The seller’s financing is limited to grams, the Congress is concerned that per- stock from SBICs; however, many SBICs are no more than 50 percent of the equity that sons convicted of fraud, embezzlement, and now organized as limited liability companies must be provided to the project by the bor- similar crimes may have access to SBA and partnerships which do not have stock, rower. loans. Congress is also concerned that, in and some banks may want to structure their Section 222. Development Company Debentures conducting these checks, undue delay in loan SBIC investments through a separately man- approvals will be detrimental to small busi- The bill permits SBA to collect a fee of up aged ‘‘fund of funds’’ to diversify among sev- ness borrowers and to the programs’ viabil- to 15/16ths of 1 percent fee through Fiscal eral different SBICs. This provision will per- ity. In implementing this authority, the SBA Year 2000, paid by the 504 borrower annually mit such investments. should explore the effectiveness of a sam- on the outstanding principal owed on the pling methodology provided that all prospec- (b) Leverage Cap loan guaranteed by SBA. The bill directs tive borrowers are required to provide the in- that the fee paid by the 504 borrower be re- Section 213 provides for a $90 million cap formation necessary to enable such a check duced by SBA in an amount to insure that on leverage to an individual SBIC or mul- to be conducted. excessive fees are not collected by SBA from tiple SBICs under common control to be ad- The bill directs SBA to undertake a study 504 borrowers if the credit subsidy rate is re- justed annually for inflation. Under this sub- on its efforts to increase lender approval, duced. section, recipients of leverage in excess of servicing, foreclosure, liquidation and litiga- $90 million would agree to invest all leverage Section 223. Premier Certified Lenders Program tion of 7(a) loans and to report to the Con- obtained above this cap in ‘‘smaller busi- The bill expands the Premier Certified gress within six months of enactment of this nesses,’’ which are defined as small busi- Lenders Program by repealing the current Act. nesses having $2 million or less in revenues limit of 15 CDCs that can participate under The bill includes a requirement that SBA and $6 million or less in net worth. The $90 the program. The responsibilities of a PCLP submit a detailed report to the Congress and million cap will be adjusted annually for in- participant are expanded to include in addi- the General Accounting Office on its plans flation. tion to approving loans, authorizing, closing, for installation of a computerized financial (c) Tax Distributions servicing, foreclosing, litigating and liq- tracking and loan monitoring system. SBA uidating loans. The bill recognizes that the is directed to report to the House and Senate Because the majority of the SBICs are Administration has a legitimate oversight Committees on Small Business and the Gen- partnerships, this subsection permits SBICs interest in law suits to which a premier cer- eral Accounting Office within six months of to make quarterly distributions to its inves- tified lender is a party. The bill anticipates the enactment of this Act. No funds can be tors (i.e., partners) to meet the investors’ that SBA will interject its views on a case of obligated or spent on this system until 45 tax obligations. This quarterly distribution first impression or other litigation of a days after the report is received by the Com- is designed to cover the situation where in- precedent setting nature and may request a mittees and GAO. vestors are making quarterly tax payments litigation plan to evaluate the litigation TITLE III: WOMEN’S BUSINESS ENTERPRISES to the Federal government. If the SBIC’s tax strategy of the PCLP participant. In addi- liability is not as great as estimated, the tion, the bill extends eligibility for the Title III addresses the non-credit programs quarterly tax distributions are applied to the PCLP Program once a CDC has been an ac- that serve women who own or seek to start following tax year. tive participant in the accredited lenders their own business. Section 301. Interagency Committee Participa- (d) Leverage Fee program during the 12 month period preced- ing the date the CDC submits its application. tion Under this subsection, SBICs will be re- The bill modifies current law that requires The bill provides that each designee to the quired to pay a 1 percent commitment fee at the premier lender to maintain a loss reserve Interagency Committee report directly to the time SBA makes a commitment for le- of 10 percent of the CDCs exposure. SBA is the head of their respective agency on the verage, and the balance of 2 percent will be directed to review CDCs on a regular basis to status of the Interagency Committee’s ac- paid on the amount of leverage as it is peri- confirm that those with loan loss rates tivities. odically drawn by the SBIC. If SBA made no greater than 10 percent do not expose the The bill does not authorize appropriations prior commitment to the SBIC for leverage, Federal government to a risk of loss. SBA to support the activities of the Interagency the entire 3 percent fee is paid at the time should take appropriate steps to insure that Committee. The agencies and departments that leverage is drawn by the SBIC. CDCs with loss rates in excess of 10 percent on the Interagency Committee are to allo- (e) Periodic Issuance of Guarantees and do not pose a risk of loss to the government. cate existing personnel and resources to sup- Trust Certificates The bill permits the premier lenders to port participation on the Interagency Com- maintain their loss reserves using segregated mittee. Subsection (e) will permit SBA to pool and funds on deposit in federally insured institu- Section 302. Reports sell debentures to investors every six tions, or they can provide irrevocable letters The bill directs the Interagency Commit- months. This is a change from current law of credit in a format acceptable to the SBA. tee to transmit its annual report to Congress which requires SBA to pool and sell deben- If a loss has been sustained by the SBA, and and the President through the SBA. This sec- tures every three months. Current law has funds are disbursed from the loss reserve to tion deletes the requirement that the Inter- caused difficulties for SBA in producing suf- reimburse SBA for the CDC’s share of the agency Committee’s report include rec- ficiently large and diverse pools of deben- loss, the CDC must replenish the reserve ac- ommendations from the National Women’s tures that are most attractive to investors. count within 30 days. This change will allow for large pools, which The bill provides that each premier lender Business Council and requires that the re- should generate greater investment interest is to establish a goal of processing not less port address the Committee’s efforts to meet and more favorable interest rates for SBICs. than 50 percent of their loan applications its statutory duties. Under this subsection, SBA will retain the under the PCLP and extends the program Section 303. Duties of the National Women’s discretion to pool and sell debentures more through October 1, 2000. With respect to the Business Council frequently, if there is sufficient demand. processing goal, the Congress intends the In order to remove an inconsistency in cur- goal as a target only, and expects Commu- rent law, the bill directs the National Wom- Section 214. Examination Fees. nity Development Companies to use prudent en’s Business Council to submit its rec- This section would permit SBA to collect judgment at all times in determining which ommendations and reports to the Adminis- fees from SBICs to defray costs for SBA to applications are appropriate for processing trator of the SBA through the Assistant Ad- conduct periodic examinations of SBICs. It is under the streamlined PCLP procedures. ministrator for the Office of Women’s Busi- the intention of the Conferees that these This judgment should not be influenced by ness Ownership. The bill requires the Council funds be available to SBA solely to cover the the 50 percent goal. The bill also requires to report annually to Congress and the Presi- costs of the examinations and other related SBA to promulgate regulations to carry out dent, and it must include a status report on oversight activities. these changes within 120 days of enactment the Council’s efforts to fulfill its duties October 31, 1997 CONGRESSIONAL RECORD — SENATE S11525 under sections 406 (a) and (d) of the Small Section 305. Authorization for Appropriations. cally, the National Women’s Business Coun- Business Act. The bill authorizes the appropriation of cil is to conduct a study of the Federal gov- Section 304. Council Membership $600,000 for Fiscal Years 1998 through 2000 ernment’s procurement history in attracting Under the bill, the SBA Administrator is with $200,000 targeted for research on wom- and awarding contracts to women-owned to appoint the Council members after re- en’s procurement and finance issues as au- business using existing data collected by viewing the recommendations of the Chair- thorized in section 306 and 307. Any funds ap- agencies. The bill also requires the National men and Ranking Minority Members of the propriated under this section are to be used Women’s Business Council to prepare a re- Committees on Small Business in the Senate solely for the activities and duties of the port on the best procurement practices of and House of Representatives. The Adminis- Council, and the Council is required to re- the Federal government and the commercial trator shall give full consideration to the view and approve its operating and research sector and to recommend policy changes. recommendations provided by the Chairmen budget each year. The bill provides contract authority to the and Ranking Minority Members. This is to Prior to funds being appropriated for re- Council to carry out the research initiatives enhance the Council’s ability to fulfill its search under section 307, the Council shall and resulting reports authorized under sec- role as an independent advisory body to the provide the Senate and House Committees on tions 306 and 307. All contracts shall be Congress, the President and the Adminis- Small Business with a description of the pro- awarded in accordance with the Federal Ac- trator through the Assistant Administrator posed research study and resulting report. quisition Regulations. of the Office of Women’s Business Ownership. Such proposals are to be delivered to the The bill establishes staggered terms for the Committees with SBA’s annual budget re- Section 307. Studies and Other Research. Council members. quest. The bill expands the Council to 14 mem- Upon completion of the Federal procure- bers, plus a chair who should be a prominent Section 306. National Women’s Business Council ment study under section 306, the Council is business woman appointed by the President. Procurement Project. authorized to conduct other research relat- Under current law, there are nine members The bill authorizes the National Women’s ing to the award of Federal prime contracts (four business owners and five women’s busi- Business Council to conduct a study of issues and subcontracts to women-owned busi- ness organizations’ representatives). The bill related to Federal procurement opportuni- nesses, and access to credit and investment increases the number of women business ties for businesses controlled and owned by capital by women entrepreneurs, as the owners to eight and increases the number of women. Council determines to be appropriate. Although women-owned business now rep- representatives of women’s business organi- Section 308. Women’s Business Centers. zations to six and includes language ex- resent over 1⁄3rd of all businesses, they re- pressly recognizing that this category is to ceive a minute share of Federal procurement The bill increases the authorization for include representatives of local Women’s dollars. In 1994, the Federal Acquisition creating Women’s Business Centers (pre- Business Centers. The bill removes the word Streamlining Act (FASA) established a mod- viously called Women’s Business Demonstra- ‘‘national’’ as a qualifier for the type of or- est government-wide goal of 5 percent for tion Sites) from $4 million per year to $8 mil- ganizations that can be represented on the Federal contracts being awarded to women- lion per year. Grantees awarded funds under Council. The bill also directs the SBA Ad- owned businesses. The study directed by this this section will be eligible to receive funds ministrator to give appropriate consider- bill is to gain a greater understanding of the for five years rather than three years as pro- ation to rural versus urban diversity when Federal government’s poor performance in vided under current law. Changes to the selecting Council members. working with this growing sector. Specifi- matching funds requirement as follows:

Year 1 Year 2 Year 3 Year 4 Year 5

Current law ...... 1 non-Federal; 2 Federal 1 non-Federal; 1 Federal 2 non-Federal; 1 Federal No funds No funds Reauthorization ...... 1 non-Federal; 2 Federal 1 non-Federal; 2 Federal 1 non-Federal; 1 Federal 1 non-Federal; 1 Federal 2 non-Federal; 1 Federal

The bill provides that grantees conducting clude the ‘‘location for the Women’s Busi- system; (b) selection and oversight of the a three year program as of the day before the ness Center site.’’ This language is to ensure grantees; and (c) holding a training seminar effective date of this bill may apply to SBA that preference be given to applications for for new grantees and existing programs. All to receive funds for two additional years. states without existing Centers. SBA should other administrative costs are to come from Such Centers that were in year 3 of a 3 year allocate at least 1/5th of the funds appro- the agency’s salaries and expenses budget. project on September 30, 1997 and that are priated each year to the creation of new SBA is directed to: (a) award the contract approved to receive funds in years 4 and 5 sites, with preference given to those in for the computer data system competitively; will be subject to the matching requirements states not having a Center. (b) ensure that the Office of Women’s Busi- applicable to year 5 under this bill. The Con- On the use of appropriated funds, the bill ness Ownership has sufficient personnel dedi- gress intends that Centers which have a his- expressly prohibits the use of the funds ap- cated to the oversight of the program by ex- tory of successful operation in this program propriated under this section for any pur- panding the number of full time staff dedi- receive funds to continue for years 4 and 5. poses other than grant awards, except that, cated to this program to at least two and by The bill includes language providing a defi- in Fiscal Year 1998 only, up to 5 percent of better utilizing the District Office staff; and nition of ‘‘women’s business center site.’’ the funds appropriated under this section are (c) ensure that the seminar is truly edu- This language reflects the fact that existing authorized to be used to supplement funds in cational in nature, with any travel, per Women’s Business Centers may submit appli- SBA’s salaries and expense budget for the ad- diem, and other overhead expenses for SBA cations for grants to create new sites in ministration of this program. No funds ap- staff paid from the salaries and expenses their state or neighboring states; however, propriated under this section may be repro- budget. selection must be made in accordance with grammed by SBA or used for programs au- The computer data system should be de- the criteria provided in the Act. thorized by any other section of this Act signed to track outcomes, such as those The bill also includes a list of duties and without first notifying Congress. SBA needs named in the statute to be contained in the responsibilities of the Assistant Adminis- to change its practice of using funds appro- annual report to the Committees on the ef- trator for the Office of Women’s Business priated under this section for personnel and fectiveness of the program. The contractor Ownership, and upgrades the position of As- administrative overhead. SBA should include should (a) provide technical assistance to en- sistant Administrator for the Office of Wom- in its Fiscal Year 1999 budget request a line sure that the Centers know how to use the en’s Business Ownership to a position in the item in the salaries and expenses budget to system and (b) work with a representative Senior Executive Service. reflect the actual cost of administering this group of Centers to ensure that the system is The bill includes language to codify the important program. To assist with Congres- compatible with their activities. practice of allowing Women’s Business Cen- sional oversight, the SBA is directed to pro- TITLE IV: COMPETITIVENESS PROGRAM ter grant recipients to pursue other sources vide the Senate and House Committees on Subtitle A—Small Business Competitiveness of Federal funds. Accordingly, funds received Small Business with a quarterly accounting Program from other Federal agencies do not qualify within 20 days of the end of the Fiscal Year Section 401. Program Term. as non-Federal funds under the matching quarter detailing all expenditures for the The bill amends the Small Business Com- funds requirement of this section. The addi- Women’s Business Centers program in Fiscal petitiveness Demonstration Program Act of tional funds obtained by a Women’s Business Years 1998, 1999, and 2000. In Fiscal Year 1998, 1988 to make the program permanent. Center do not effect the level of non-Federal the report shall identify whether each ex- Section 402. Monitoring Agency Performance. funds required to receive its Federal funds penditure was funded by appropriated grant under this section. In addition, the perform- funds or SBA’s salaries and expense budget. The bill contains a provision to change the ance of other Federal contracts shall not In Fiscal Year 1998, up to 5 percent of the monitoring and reporting frequency from hinder the ability of the Women’s Business funds appropriated for Women’s Business quarterly to annual (October 1 through Sep- Center grantee from fulfilling its obligations Center grants can be used only for adminis- tember 30). under this section. trative expenses associated with: (a) contin- Section 403. Reports to Congress. The bill amends the criteria for selecting ued development and implementation of the The bill amends section 716(a) of Small grant applicants under this section to in- computerized data reporting and collection Business Competitiveness Demonstration S11526 CONGRESSIONAL RECORD — SENATE October 31, 1997 Program Act of 1988, to assure that annual any one of a range of professional investors. states with low levels of participation in the reports are submitted to the House and Sen- Congress has recognized certain situations STTR program. ate. The bill also amends the Act to require which should be encouraged and should not The new ‘‘outreach program’’ is intended the Small Business Administration be the disqualify an entity from small business sta- to increase the STTR grant application pool Executive Agency responsible for the devel- tus. The Agency should report to the Com- from which STTR grant applications are se- opment and submission of the annual report mittees on Small Business on its findings by lected by increasing the number of appli- and not the Office of Federal Procurement April 30, 1998, which will enable the Congress cants from states that received under Policy. The bill also makes a technical to address the issue legislatively if nec- $5,000,000 in awards during Fiscal Year 1995. amendment to the Act to correctly reflect essary. The program is intended to improve the the name of the House of Representatives The ability of small businesses to team overall number and quality of applications Committee to receive the report from the with other small businesses should not be for awards. ‘‘Committee on Governmental Operations’’ considered an opportunity for procurement The authorization contained in this sec- to the ‘‘Committee on Government Reform officials to justify a decision to bundle one tion shall be taken entirely from funds au- and Oversight.’’ or more requirements. The justification for thorized for use by the Small Business Ad- bundling must be based solely on savings, ministration. No funding derived from the Section 404. Small Business Participation in STTR agency research set-aside may be used Dredging. improvements, and enhancements that ac- crue to the agency and that overwhelm any for the outreach program. The bill makes this program permanent. infringement of small business opportunity. In addition, the bill adds a new subsection The bill recognizes that a transition from The mere fact that small businesses could or that requires STTR and SBIR programs to be the standard industrial classification (SIC) included in agencies’ strategic plan updates might team does not lower the burden for code to the North American Industrial Clas- required under the Government Performance agency justification of bundling. sification Code (NAICC) is likely to occur in The bill also amends section 15 of the and Results Act (5 U.S.C. 306 (b)). the future; however, the Small Business Ad- Small Business Act (15 U.S.C. 644(a)) to di- Small Business Development Centers ministration (SBA) first needs to convert the rect that the Small Business Administration Section 502. Small Business Development Cen- small business size standards to the new code procurement review procedures shall be re- ters. and the Federal Procurement Data System quired if a solicitation involves an unneces- The bill includes substantial increases in must also be converted to the NAICC. The sary or unjustified bundling of contract re- the authorized grant amounts available to Senate Committee on Small Business en- quirements. Nothing in this section or sec- SBDCs under the ‘‘National Program.’’ Be- courages the Administrator of SBA, the Ad- tion 412 is intended to amend or change in cause the funds under the program are allo- ministrator of the Office of Federal Procure- any way the existing obligations imposed on cated on a population basis some states with ment Policy (OFPP) and the Secretary of the a procurement activity or the authority small populations, but which are large geo- Department of Commerce to develop a plan granted the Small Business Administration graphically, have been receiving too small a and time table for implementing the NAICC. under section 15(a) of the Small Business Federal grant to serve adequately its small Subtitle B—Small Business Procurement Act. business population. In order to correct this Opportunities Program Section 414. Reporting of Bundled Contract Op- inequity, the bill includes a minimum grant Section 411. Contract Bundling. portunities. amount of $500,000 for the smaller population Section 411 amends section 2 of the Small Section 414 contains a requirement that states. So long as a state provides a match- Business Act (15 U.S.C. 632) emphasizing Con- Federal agencies report through the Federal ing amount of non-Federal funds, it will re- gressional policy to provide small busi- Procurement Data System all contract ac- ceive $500,000 even if it would not otherwise nesses, to the maximum extent practicable, tions involving bundled requirements with be entitled to this amount under the ‘‘Na- prime contracting and subcontracting oppor- an anticipated contract award value exceed- tional Program.’’ Similarly, if a state pro- tunities and to eliminate obstacles to their ing $5,000,000. vides a matching amount of less than $500,000, it will receive a grant in the amount participation and to avoid unnecessary and Section 415. Evaluating Subcontract Participa- unjustified bundling of contract require- of the matching contribution. tion in Awarding Contracts. The Congress views the non-Federal ments. The bill adds a new substitute section matching contribution requirement to be an Section 412. Definition of Contract Bundling. 8(d)(4) of the Small Business Act (15 U.S.C. essential attribute of this program and a key The bill amends section 3 of the Small 637(d)(4)) to require that bundled contract re- to its success. Therefore, if any state is un- Business Act (15 U.S.C. 632) to define the quirements to be awarded pursuant to the able to match the full $500,000 authorized in terms ‘‘bundling of contract requirements,’’ negotiated method of procurement shall use this bill as a funding floor, it should be fund- ‘‘bundled contract’’ and ‘‘separate smaller the contractor’s small business subcontract- ed up to the level that it is able to match. contract.’’ ing plan and past small business sub- The Committee urges the Small Business Section 413. Assessing Proposed Contract Bun- contracting performance as to significant Development Centers to inform and assist dling. factors for the purposes of evaluating offers. small businesses in complying with energy, Section 416. Improved Notice of Subcontracting safety, labor, tax, and related Federal, state, The bill amends section 15 of the Small and local regulations, and to work with the Business Act (15 U.S.C. 644) to create a new Opportunities. The bill amends section 8 of the Small technical and environmental compliance as- subsection (e) which establishes the proce- sistance programs established in each state dure to be followed by contracting officials Business Act (15 U.S.C. 637) to allow prime contractors and subcontractors (at any tier) under section 507 of the Clean Air Act to insure that small business concerns are Amendments of 1990 or state pollution pre- afforded the maximum practicable oppor- with an estimated subcontracting oppor- tunity in excess of $10,000 to provide public vention programs to work with Small Busi- tunity to compete for prime contracting and ness Development Centers to inform and as- subcontracting opportunities. Specifically, notice of subcontracting opportunities through the Commerce Business Daily. sist small businesses in complying with envi- the bill directs that if a requirement could ronmental regulations. lead to a ‘‘bundled requirement’’ the agency Section 417. Deadlines for Issuance of Regula- Section 505. Asset Sales. shall conduct market research to determine tions. Section 505 directs SBA to provide the whether consolidation is necessary and justi- The bill requires that proposed implement- Committees on Small Business of the Senate fied. ing regulations be published not later than and House of Representatives with copies of Section 413 encourages small businesses to 120 days after the date of enactment and that the draft and final plans describing its initia- form contract teams to compete for bundled final regulations be published not later than tive to sell its portfolio of defaulted guaran- requirements and provides that such a team 270 days after the date of enactment. will not affect a business’s status as a small teed loans and direct loans in Fiscal Years TITLE V: MISCELLANEOUS PROVISIONS business concern for any other purpose. In 1998 and 1999. It is the understanding of the establishing a contract teaming authority Small Business Technology Transfer Committee that SBA intends to conduct an which amends SBA’s small business affili- Section 501. Small Business Technology Trans- initial sale of $100 million from the Disaster ation rules, Congress recognizes that some fer Program. loan portfolio. We expect the Agency to pro- types of affiliation should not disqualify a The bill reauthorizes the STTR program vide the Committees with copies of prelimi- small business from participating in Federal through Fiscal Year 2001 and makes three nary plans at the time they are prepared for procurement programs established to en- changes to the program: (1) extends SBA’s evaluation by SBA, as sell as any amended courage small business contracting. Simi- reporting requirements on the program to or final plans chosen by SBA to carry out the larly, Congress directs SBA to study the ap- include the House Committee on Science and sales of the assets covered by this program propriateness of changing the small business Technology; (2) directs any Federal agency and copies of reports analyzing the results of affiliation rules for instances of investments participating in the Small Business Innova- each sale. by another entity if no other indicia of con- tion Research (SBIR) program or STTR to Oversight of Regulatory Enforcement trol or negative control is evident. In the include information relating to such partici- P.L. 104–121 established the Small Business teaming provisions of the bill and the pre- pation in its requirements under the Govern- and Agriculture Regulatory Enforcement vious legislation authorizing an exception to ment Performance and Results Act (GPRA); Ombudsman and the Regional Small Busi- the size rules for investments by an SBIC or and (3) directs SBA to conduct outreach to ness Regulatory Enforcement Fairness October 31, 1997 CONGRESSIONAL RECORD — SENATE S11527 Boards. The Ombudsman’s primary respon- ceived by the Ombudsman. The law does not conforming amendments are implemented to sibilities are to solicit and record comments anticipate a mediation role for the Ombuds- effectuate the requirements of the program from small businesses and compile an eval- man to create a forum for agencies to nego- in a consistent manner with other statute. uation, similar to a ‘‘customer satisfaction’’ tiate the resolution of individual comments Section 604. Other Technical and Conforming rating, of each agency’s performance based or complaints. Amendments. on the comments received from small busi- TITLE VI: HUBZONE PROGRAM This section of the bill, addressing other nesses and the Fairness Boards. A ‘‘report The bill creates a new program known as technical and conforming amendments, is in- card’’ of these agency ratings is to be pub- the ‘‘HUBZone Act of 1997.’’ This program tended to amend the Competition in Con- lished each year. was approved by a vote of 18–0 in the Com- tracting Act (10 U.S.C. 2304(b)(2)) and (41 The Fairness Boards, composed of five mittee on Small Business and subsequently U.S.C. 253(b)(2)) to allow for HUBZone set- small business owners in each of the SBA’s included in S. 1139 as Title VI. aside procedures in Federal prime contract- ten regions, provide small businesses with an The purpose of the HUBZone Act of 1997 is ing for contract requirements in excess of opportunity to review and assess government to provide relief to urban and rural areas of the simplified acquisition threshold. The ef- agencies’ enforcement activities involving the United States which have historically fect of the bill is to amend the Competition small businesses. The Fairness Boards may been identified as economically distressed in Contracting Act (10 U.S.C. 2304(c)) and (41 hold hearings, gather information as appro- areas. The HUBZone Act of 1997 is a jobs pro- U.S.C. 253(c)) to provide HUBZone contract- priate, and offer recommendations and com- gram intended to encourage small business ing authority to award HUBZone prime con- ments on agency enforcement policies and concerns to locate in, and employ residents tracts using procedures other than competi- practices to the Ombudsman for inclusion in of, HUBZones. One of the principal purposes tive procedures for Federal prime contract his report. The Ombudsman is the federal of- of this Act is to decrease the unemployment, requirements greater than the simplified ac- ficial designated to assist the Fairness underemployment, and low quality of life quisition threshold and not greater than Boards by coordinating their independent ac- conditions that tend to be concentrated in $5,000,000, in the case of manufactured items tivities. The Ombudsman is directed under inner cities and some rural areas, including and $3,000,000, for all other contract opportu- the law to include their advice and rec- Indian Reservations, throughout the U.S. nities. ommendations in his reports to the agencies The HUBZone Act of 1997 is crucial to our Section 605. Regulations. and Congress. Government’s attempt to reform welfare by The Ombudsman must pursue its statutory providing meaningful economic opportuni- The bill requires the Small Business Ad- mission and allocate its resources in accord- ties to individuals who live and work in ministration to publish within 180 days of ance with the priorities set forth in the stat- HUBZones. Every effort should be made in enactment the final regulations to carry out ute. Soliciting comments and developing the implementation of the HUBZone Act by the program. The Senate bill further re- suggested routine procedures for agencies to SBA and other Federal agencies to provide quires the Federal Acquisition Regulatory implement, to facilitate and to encourage an effective opportunity for the contracting Council to publish the HUBZone implement- small businesses to provide comments to the preferences to be used as the basis for mean- ing regulations within 180 days of the date Boards and the Ombudsman is a significant ingful levels of contract awards. Special care the SBA published its final regulations. undertaking. Careful attention and a thor- must be taken to insure that routine depend- Section 606. Report. ough effort is required of the Ombudsman to ency on existing programs does not hinder The bill requires the Administrator of the convert these comments into the annual the full and fair implementation and utiliza- Small Business Administration to submit a agency report cards called for by the law. tion of HUBZone contracting procedures by report to the Senate and the House of Rep- The purpose of the law’s requirements is to federal agencies. resentatives Committees on Small Business give small businesses a voice in evaluating The HUBZone Act of 1997 is designed to by March 1, 2002. The report is to evaluate each agency’s performance, and the resulting bring qualified HUBZone small business con- the implementation of the HUBZone pro- ratings are intended to measure whether cerns and their employees into the main- gram, as well as the effectiveness of the pro- agencies are treating small businesses more stream of government contracting at both gram. like responsible citizens than potential the prime and subcontract levels by provid- Section 607. Authorization of Appropriations. criminals. ing procurement preferences and through the Annual reports issued by the Ombudsman The bill amends the Small Business Act to establishment of contracting goals. The Act authorize the appropriation of $5,000,000, to on agency responsiveness in enforcement ac- establishes three specific Federal procure- tivities must be based on comments received the Small Business Administration for im- ment preferences for ‘‘qualified HUBZone plementation of the HUBZone program for from small businesses, not based on self-as- small business concerns.’’ sessment by the agencies themselves or on each Fiscal Year, 1998, 1999 and 2000. Section 602. Historically Underutilized Business the Ombudsman’s evaluation of the agencies’ TITLE VII: SERVICE DISABLED VETERANS Zones. efforts. P.L. 104–121 instructs the Ombuds- This title includes the House language de- man and Fairness Boards to base their report This section establishes the framework for signed to enhance the Small Business Ad- on ‘‘substantiated’’ comments. The Ombuds- implementation of the HUBZone Act of 1997. ministration’s efforts to improve opportuni- man should verify comments by contacting It defines the terms under which a small ties for service disabled veterans and provide the commenting small businesses, on a spot business qualifies as a HUBZone small busi- enhanced outreach to that group. The Con- check basis as may appear necessary under ness. In addition, Section 602 sets forth the gress believes strongly that these individuals the circumstances, rather than by going to authority for a contacting officer for a Fed- deserve far better consideration from the the agency, if there is a reason to believe eral agency to restrict competition for a con- Federal agencies that they are currently re- that any particular comments are fictitious tract to a qualified HUBZone small business ceiving. when he determines there are two or more or in some way not the result of an actual Section 701. Purposes. qualified HUBZone small business concerns interaction with Federal agency personnel. This section outlines the intent of the Con- Many small businesses fear retaliation for that are likely to submit offers and that award can be made at a fair market price. In gress to enhance entrepreneurial opportuni- commenting on an agency’s performance ties for service disabled veterans and to pro- and, as a result, the Ombudsman and Fair- the circumstance where there is only one qualified HUBZone small business concern mote their efforts to participate in the small ness Boards have a sensitive task. Because of business community. these confidentiality interests, the law re- and the contracting officer is authorized to Section 702. Definitions. quires the Ombudsman and Fairness Boards make a non-competitive award of a contract to rate agency performance according to the that does not exceed $3 million for service This section defines the terms ‘‘eligible subjective views and comments submitted by contracts and $5 million for manufacturing veteran’’ and ‘‘small business concern owned small businesses. All agencies, however, have contracts. In this circumstance, the con- and controlled by eligible veterans’’ for the an opportunity to review and comment on tracting officer must determine that the purposes of this title and the Act. the Ombudsman’s draft report, but the Om- award can be made at a fair and reasonable Section 703. Report by the Small Business Ad- budsman is not authorized to forward to the price. ministration. agency or disclose in the report the identity Section 602 gives the Small Business Ad- This section requires the Small Business of individual small businesses providing ministration new, discretionary authority to Administration to study the needs of small comments. The agencies’ positions may be appeal a decision of a contracting officer not businesses owned by eligible veterans and re- addressed by including a separate agency re- to award a contract under this title. The Ad- port to the Committees on Small Business of sponse section in the final report. ministrator would have five days after re- the House and Senate on the steps needed to With limited resources, the statutory du- ceiving notice of this adverse decision to no- improve and enhance the role of service dis- ties and responsibilities of the Ombudsman tify the contracting officer that SBA may abled veterans in the small business commu- necessarily should be strictly followed, and appeal the decision, and within 15 days the nity and the economic mainstream of the resources should not be used to undertake Administrator may appeal the decision to country. The Congress expects the Small activities beyond the scope of the statute. the head of the department or agency. Business Administration to provide this in- Ordinarily, the law does not contemplate Section 603. Technical and Conforming Amend- formation in detail and well within the time that the Ombudsman will make a determina- ments to the Small Business Act. allotted. The Congress expects the Small tion of the factual and legal merits of the en- The bill amends various provisions of the Business Administration to reach out for as- forcement action contained in comments re- Small Business Act and the technical and sistance in this task to the various veterans S11528 CONGRESSIONAL RECORD — SENATE October 31, 1997 organizations, State run programs for veter- the Small Business Administration will thorization Act will strengthen a sec- ans, and other interested groups for assist- continue to operate effectively in the tor of our economy that contributes ance in completing this study. years to come providing support to over $1.5 trillion to the American econ- Section 704. Information Collection. thousands of America’s small busi- omy and employs more Americans than This section directs the Secretary of Vet- nesses. Fortune 500 companies. erans Affairs, in cooperation with the Ad- A component of this bill which I be- The Small Business Technology ministrator of the Small Business Adminis- lieve to be one of the most important Transfer [STTR] program is reauthor- tration, to identify annually the small busi- to assist our aspiring entrepreneurs is ized for an additional 4 years through nesses owned and controlled by eligible vet- this act. An offshoot of the very suc- erans and to work to keep them informed the Microloan Program. The Microloan concerning Federal procurement opportuni- Program was created 6 years ago cessful SBIR Program, STTR has been ties available to them. through the vision and hard work of joining small businesses and non-profit Section 705. State of Small Business Report. Senator BUMPERS. Since then, the research institutions for the past four This section directs the Small Business Microloan Program has operated on a years in an attempt to make better use Administration to include information con- pilot basis, providing loans in amounts of federally sponsored high technology cerning small businesses owned and con- averaging $10,000 to small businesses, research. This bill strengthens the trolled by eligible veterans in its annual re- and more importantly, providing tech- STTR Program by requiring more ac- port to the President and Congress, ‘‘The nical assistance to these businesses on curate data recording by the SBA and State of Small Business.’’ how to better operate their enterprises. participating agencies, and requires Section 706. Loan to Veterans. One of the major reasons why new busi- those participating agencies to include This section reinforces the Small Business nesses in America fail is because so information regarding the SBIR and Administration’s preexisting ability to make many people who want to start their STTR Programs in their strategic loans to small business concerns owned and own companies really have little idea plans required by the Government Per- controlled by service disabled veterans. The on how to conduct the day-to-day fi- formance and Results Act. By doing Congress takes this step to cure a lingering this, we in Congress can better evalu- misunderstanding that the Administration’s nancial operations that are so crucial to keeping a business afloat and mak- ate programs such as STTR and what requested defunding of the Veteran’s direct provisions might best assist the kind of loan program in no way diminishes the ing it a successful enterprise. The tech- Small Business Administration’s responsibil- nical assistance provided by the companies participating in the pro- ity to assist veterans through the 7(a) pro- intermediaries in the Microloan Pro- gram and what changes could result in gram. gram has had an impressive impact on a stronger STTR when we revisit it for Section 707. Entrepreneurial Training, Counsel- the success of businesses participating reauthorization 4 years from now. Chairman BOND led the way on an in- ing, and Management Assistance. in this program. Moreover, the losses tegral part of the reauthorization act, This section directs the Administrator to to the Government have been minus- the HUBZones Program. This program ensure that small business concerns owned cule, despite the higher risk associated seeks to aid small business concerns lo- and controlled by eligible veterans are given with micro lending. In fact, since the full access to the Small Business Adminis- cated in the poorest areas of our coun- Microloan Program has been in exist- tration’s business assistance programs, in- try by providing better opportunities cluding SCORE and the Small Business De- ence, there has been only one default of to contract with the Federal Govern- velopment Centers. an intermediary’s loan from the SBA. ment. The HUBZone Act is the result Section 708. Grants for Eligible Veterans’ Out- That is an amazing fact, and one which of several years of work by Chairman reach Programs. I believe demonstrates the financial BOND, and I congratulate him and his This section amends the Small Business soundness of the Microloan Program. staff for this legislation which will cer- Administration’s existing authority to in- The Congress wholeheartedly supports tainly improve the economic situation clude making grants to, or entering into co- making the Microloan loan and tech- of many American communities. operative agreements with, organizations nical assistance programs permanent that have or may establish outreach and as- There are a few other components of SBA programs, and do so in this bill. the reauthorization act that I believe sistance programs for eligible veterans. S. 1139 also contains provisions for a Section 709. Outreach for Eligible Veterans. warrant mentioning at this time. The new initiative for the Microloan Pro- Community Development Company This section directs the Administrator of gram, one which will go a step further the Small Business Administration, the Sec- program, also called the 504 loan pro- to reach aspiring entrepreneurs who gram, is continued through this legis- retary of Veterans Affairs, and the Assistant may now be on Government assistance. Secretary of Labor for Veterans’ Employ- lation and will provide small busi- ment and Training to develop cooperatively In addition to loans and technical nesses $2.3 billion of needed capital for an outreach and assistance program designed training, participants in this welfare- their plant and equipment needs. The to coordinate the activities of their respec- to-work Microloan initiative will be SBA’s biggest loan program, 7(a), is au- tive agencies and disseminate the informa- able to receive assistance to help de- thorized at $39.5 billion over the next 3 tion about those programs to eligible veter- fray child care and transportation ex- years, high enough to ensure continued ans. penses, two of the biggest obstacles support for those small businesses that Mr. KERRY. Mr. President, it is with welfare recipients face in their at- need extra capital to grow their busi- great satisfaction that I rise today to tempts to become active, contributing nesses. In addition, this legislation also speak on behalf of S. 1139, the Small members of society. Inclusion of the contains a provision that seeks to pro- Business Reauthorization Act of 1997. welfare-to-work Microloan Program in tect small businesses from the practice The legislation now before the Senate the Small Business Reauthorization of contract bundling, which can be is the product of negotiations between Act allows SBA to apply knowledge harmful to small business. Bundling is the House and Senate to resolve the learned over the last 6 years to address when a Federal agency rolls several differences in the bill passed by the one of the most pressing issues facing contracts into one big contract. This Senate in early September and the bill us today. practice effectively bars small busi- crafted by Chairman TALENT and Con- In June, Senator DOMENICI, Senator nesses from participating in the lucra- gressman LAFALCE. I am pleased that BOND and I introduced the Women’s tive Federal Government contracting so many of the provisions of the origi- Business Centers Act. I am extremely process on those contracts. The lan- nal Senate bill have been retained in pleased that the major provisions of guage contained in this bill will help virtually identical form, such as the that bill are included in the legislation alleviate this problem to some degree welfare-to-work Microloan Initiative, now before us. Authorization for fund- so that small businesses are not left the extension of the Small Business ing the Women’s Business Centers Pro- out in the cold, and will require the Technology Transfer (STTR) program, gram has been doubled in this bill, and Government to keep records on bun- the Women’s Business Centers program extends the eligibility of awardees dled contracts valued at more than $5 and the HUBZone Act. I congratulate from 3 years to 5 years. This bill also million. Chairman BOND for his leadership and provides for studies to be conducted on The bill before us contains some pro- stewardship through this year’s reau- contracting and finance issues as they visions that the House included in thorization process. His willingness to affect women-owned businesses. This their bill and that we have not seen be- craft a bipartisan bill has ensured that section of the Small Business Reau- fore. One such provision is title VII of October 31, 1997 CONGRESSIONAL RECORD — SENATE S11529 the bill which contains language that program. This latter issue is important ness sector and are instrumental to our directs SBA to conduct a study on the because up to this point, women’s busi- country’s overall economic health. The potential to aid small businesses that ness centers have been required to efforts of the Chairman and the com- are owned by service disabled veterans. meet a much stricter matching grant mittee will ensure that this SBA busi- I believe it is important to conduct re- requirement than have other grantees ness program continues its obligations search into this issue and see if the op- in the SBA’s grant programs. I remain to so many deserving and successful portunity exists to better assist these somewhat concerned, however, that ex- women entrepreneurs. Thank you for businesses. isting business site grantees must still the opportunity of sharing my support There are other components of the bear a slightly higher burden of match- of this important program. Small Business Reauthorization Act ing fund requirements. Nevertheless, The PRESIDING OFFICER. The which I have not mentioned here but the overall changes to the Women’s question is on agreeing to the motion will be helpful to small businesses par- Business Centers Program are note- of the Senator from Missouri. ticipating in the SBA’s programs. The worthy and extremely positive. The motion was agreed to. Small Business Investment Companies By passage of this reauthorization Mr. BOND. Mr. President, I move to and Small Business Development Cen- language, Congress recognizes the es- reconsider the vote by which the mo- ters Programs are both modified sential role of women-owned small tion was agreed to, and I move to lay through this act. The Pilot Preferred businesses to this country’s local and that motion on the table. Surety Bond Guarantee Program is national economies. Congress also rec- The motion to lay on the table was also extended in this legislation. ognizes the necessity of added SBA ad- agreed to. Mr. President, I would like to con- ministrative and programmatic sup- Mr. BOND. Mr. President, I suggest clude by again thanking the Chairman port to the women’s program. The SBA the absence of a quorum. of the Small Business Committee, Sen- must ensure that the Office of Women’s The PRESIDING OFFICER. The clerk will call the roll. ator BOND, for his leadership through- Business Ownership [OWBO] has ade- The assistant legislative clerk pro- out the year on reaching this point and quate staffing and resources to manage ceeded to call the roll. passing what I consider to be a very this expanded program. It must also Mr. LEAHY. Mr. President, I ask meaningful and effective piece of legis- provide any supplemental assistance unanimous consent that the order for lation. It is clear that the Small Busi- OWBO may need to manage its ongoing the quorum call be rescinded. ness Administration will be assured of program while developing new and cre- The PRESIDING OFFICER. Without its continued support by Congress as it ative activities to enhance its present objection, it is so ordered. moves ahead to the 21st century assist- portfolio. Frankly, a program of this f ing the driving force of our economy, nature demands tangible agency com- American small business. mitment to its success. While OWBO THE ADMINISTRATION’S HUMANI- WOMEN’S BUSINESS CENTERS and its women’s business clients have TARIAN DEMINING INITIATIVE Mr. DOMENICI. Mr. President, I ap- an impressive and outstanding pro- Mr. LEAHY. Mr. President, I would preciate the opportunity of commend- grammatic record, this small program like to speak briefly about an an- ing Senator BOND for his efforts in deserves much more attention from the nouncement the administration is bringing this Small Business Reauthor- Agency than it has received thus far. I making today to increase funding for ization Act to the floor for consider- am hopeful that next year and in the humanitarian demining programs and ation. In particular, I am grateful for years to come the SBA will work more appoint a demining czar. This is, of his deep commitment and tireless dedi- closely with OWBO, as well as with course, on the subject of landmines, cation to improving the Small Business Congress, to ensure that women’s busi- which has been a concern of mine for Administration’s [SBA] Women’s Busi- nesses are provided the necessary re- many years. I have not received all the ness Centers program. As a result of sources to continue their vital entre- details, but I understand the adminis- his work, this program will be ex- preneurial endeavors. tration plans to spend $80 million on panded and modified so that it targets I believe it is also important to give humanitarian demining programs next more appropriately the thousands of credit to the many able and committed year, which is a significant increase women entrepreneurs who provide jobs directors and staff of the Women’s over the current level. and economic growth to their local Business Centers throughout the coun- They also plan to seek additional communities. try. I know these professional women, support from other governments, cor- I also want to commend Congress- like those of Agnes Noonan and her porations, and foundations. Their goal woman NANCY JOHNSON for her strong staff in my State of New Mexico, have is to raise $1 billion to clear most of support of this program. My legisla- counseled countless thousands of po- the world’s landmines by the year 2010. tion, S. 888, the Women’s Business Cen- tential business clients and have estab- I also understand Ambassador Karl ters Act of 1997, introduced in behalf of lished equal numbers of successful Inderfurth, our Assistant Secretary for myself, Senator BOND, Senator KERRY small businesses. Their tasks have not South Asia and formerly the U.S. Al- and 23 other cosponsors, was the com- been easy, but they have met their ternate Representative to the United panion bill to Representative JOHN- management obligations while also Nations, is to become the new SON’s legislation. Due to the strong bi- creating an impressive and wide-rang- demining czar. partisan support of Chairman BOND and ing network of business colleagues to I can think of no better person to other members of the Senate Small address the special challenges of lead this effort than Ambassador Business Committee, S. 888 was incor- women-owned businesses. The tech- Inderfurth. The Ambassador, known as porated into this reauthorization bill. niques they’ve learned and the exper- Rick to his friends, is a long-time Congresswoman JOHNSON has been a tise they share with one another have friend of mine. I have immense respect long-time and dedicated friend of wom- been instrumental in the overall suc- and admiration for him. I have watched en’s business efforts, and I am most ap- cess of this SBA program. him prowl the halls of the United Na- preciative that we were able to work Once again, I commend Senator BOND tions and buttonhole other representa- together on this important measure. for his attention and commitment to tives, as did Secretary of State Mad- Many of us believe that the SBA the Women’s Business Centers Pro- eleine Albright when she was our U.N. must give renewed attention to one of gram. His able staff, particularly Ms. Representative, to get support for an its smallest but most successful busi- Suey Howe and Mr. Paul Cooksey, pro- international ban on antipersonnel ness programs. This legislation, there- vided excellent professional support so landmines. fore, doubles the amount of funds that this program was reviewed and Rick has been a passionate voice for available to Women’s Business Centers, modified appropriately. I am very the victims of landmines. I am very and it extends the grant period from 3 pleased Chairman BOND and other grateful that he has agreed to take this years to 5 years. It also changes the members of the committee have given on, especially as he already has a full- funding formula so that newly created this issue the attention it deserves. time job that would be more than business sites will have a more realis- Women-owned businesses are an inte- enough for most people. He will do a tic Federal-to-non-Federal matching gral component of our Nation’s busi- superb job. S11530 CONGRESSIONAL RECORD — SENATE October 31, 1997 This announcement is being made istration says they have spent some So taken in this context, it is no sur- today by Secretaries Albright and $150 million to date. I wonder how prise that the administration feels it Cohen. I commend them both, and I say many landmines have been removed for must do something to counter the that it is welcome news. all that money? I suspect if anyone did growing impression around the world While its goals sound awfully ambi- the arithmetic it would come to hun- that the United States has become an tious, some may say even unrealistic, dreds of dollars, possibly even thou- obstacle to an international ban. time will tell. They have my full sup- sands of dollars, to remove each land- Thirteen members of NATO and most port. This is an area in which not near- mine. Of course, the tragic irony of of the world’s producers and users and ly enough has been done, and the Unit- that is that it only costs $3 or $4 to put exporters of landmines will sign the ed States has a great deal to offer. the landmine in the ground in the first treaty in Ottawa, but not the world’s Mr. President, today we clear land- place. only superpower. We have taken the mines much the same way that we did So I suggest, in building on what Sec- position that even though we are the in World War II or Korea. It takes an retary Albright and Secretary Cohen most powerful nation history has ever enormous amount of time and it is ex- said today, that we begin with a top-to- known, we cannot give up our land- tremely dangerous. There is very little bottom review of our demining efforts. mines but we want everybody else to money, especially as most of these They are too uncoordinated among give up theirs. Rather than lead this ef- landmines are in the Third World. government agencies. This should in- fort, we risk being left behind with a Our leadership in this area could help clude a thorough review of the program handful of pariah states with whom we immeasurably. Look what we did after that is in the Pentagon itself. do not belong. We are too great a na- World War II with the tens of millions The Pentagon should play a central tion for that. of landmines spread all over Europe. role, but I am concerned that some No one should suggest that a ban is a We cleared most of them in a decade. Pentagon officials have been more in- substitute for demining. There are There are still parts of Europe that terested in using this program to make some 100 million unexploded landmines have landmines today, but most of contacts with foreign military person- in the ground, and whether there is a them are gone. nel than to build the sustainable ban or not they will go on maiming and The administration’s plan builds on demining capabilities in these other killing until we get rid of them. We what the Congress began some years countries. The soldiers we send to do have to do that. But neither is ago. We established humanitarian the training in places like Eritrea and demining a substitute for a ban. Why demining programs at both the Depart- Mozambique and other mine-infested spend billions of dollars to get rid of ments of Defense and State. At the be- countries are among our best, and they the mines if they are simply replaced do a terrific job. There is no one more ginning, the Pentagon did not want to with new mines? do it. They said it was not their mis- proud of them than I am. But we need We need to destroy the mines that sion. They said their job was breaching to be sure that when they leave, the are in the ground. We need to stop the mine fields, not clearing mines. That is people they have trained have the laying of new mines. Both are nec- one reason there are so many knowledge and the equipment and the essary to rid the world of these insid- unexploded landmines killing and support to carry on. ious weapons. We have the Humanitarian Demining maiming innocent people around the So I welcome this initiative. I will do Technologies Program. This program world. everything I can to support it. But let funds research and development on new What happens, of course, Mr. Presi- us not fool themselves. The United demining technologies. This program, dent, is that the world’s militaries States is about to miss a historic op- again, established by the Congress leave millions of landmines behind portunity. We should sign the Ottawa three years ago, has the potential to once the wars end, the soldiers go treaty, just as we should do everything revolutionize the way we detect and de- we can to lead an international home, the guns are unloaded, the lead- stroy landmines and other unexploded demining effort to get rid of the mines ers sign the peace agreements, and ordnance. hands are shaken. This may be what enables us to make in the ground. But the landmines stay, and some that quantum leap forward so that in- Mr. President, I ask unanimous con- unsuspecting child or farmer steps on stead of taking decades and decades to sent that an article in today’s Wash- them—a child going to school or some- get rid of the mines, we cut that time ington Post, which describes how the one going to gather water or firewood. substantially. The Pentagon also has a Pentagon is walking away from its Someone trying to raise crops to feed lot to offer in this area, but it has not pledge last May to find alternatives to their family. Or an unsuspecting mis- been fully supportive of it despite the antipersonnel landmines, a pledge that sionary. best efforts of the people involved. As at the time they said reflected their There are so many victims, long after one who has spent nearly 10 years ‘‘complete agreement’’ with the Presi- anybody even remembers who was working to ban anti-personnel land- dent’s goal of an international ban, be fighting whom, or why. There are Rus- mines, to support programs to clear printed in the RECORD. sian mines, American mines, Italian mines and care for the victims, I must There being no objection, the article mines and mines from other countries say that there should be some thought was ordered to be printed in the in hundreds of varieties in over 68 given to moving this program else- RECORD, as follows: countries. It is estimated that it would where or reorganizing it, because there [From the Washington Post, Oct. 31, 1997] cost, at the rate we are going now, bil- needs to be much more coordination ADMINISTRATION DROPS PLANS TO FIND lions of dollars over decades and dec- with the private sector and with other SUBSTITUTES FOR ANTIPERSONNEL MINE ades to get rid of them. governments that are also working in (By Dana Priest) Over time, the Pentagon has become this area. The Clinton administration has dropped its more supportive. I hope this new initia- Mr. President, there is another part effort to find alternatives to a certain type tive means that they are now fully on of this that needs to be mentioned. of antipersonnel land mine, a move that has board. They have the expertise and Two years ago, the President of the angered advocates of banning mines who say technology to make an important con- the president has retreated from his pledge United States went to the United Na- to find a substitute for the weapon. tribution. They could cut years, years tions to urge the world’s nations to ne- ‘‘There wasn’t anything that conceptually off the time it would take to demine gotiate a treaty banning antipersonnel made any sense,’’ said a high-ranking De- the world. landmines. fense Department official who declined to be Again, as I have said, we are using In December, over 110 governments named. ‘‘And there is no humanitarian need the same demining technologies that will sign such a treaty in Ottawa. But for such an alternative.’’ were common years ago. We are not the United States is not going to be Caleb Rossiter, director of Demilitariza- taking advantage of some of the tech- among them. In fact, not only will we tion for Democracy, which advocates an international land mine ban, said: ‘‘This is a nology and expertise available today. be absent, now we find the Pentagon is huge policy change.’’ And the demining programs that we backtracking on the pledge it made a At issue are the millions of antipersonnel now use have been in place for several year ago to find alternatives to anti- land mines used by U.S. troops to protect years have a mixed record. The admin- personnel landmines. anti-tank minefields. October 31, 1997 CONGRESSIONAL RECORD — SENATE S11531 Since May 1996, Clinton has pledged to find If we did that, Mr. President, if the would ignore his real record of achieve- alternatives to all mines this country uses, world did that, removed the landmines ment and our hearing if allowed to do and the Pentagon has been studying various that are there, banned the use of new so. I am confident that the vast major- approaches. In January, when Clinton an- ity of the Senate and the American nounced he would not sign an international landmines, we would give such great treaty banning land mines, he directed the hope to people everywhere. people will see through the partisan Defense Department ‘‘to develop alternatives Today, there are countries where rhetoric and support Bill Lee. to antipersonnel land mines, so that by the families literally have to tether their Bill Lee has dedicated his career to year 2003 we can end even the use of self-de- child on a rope near where they live be- wide ranging work on civil rights is- struct land mines.’’ cause they know within the circle of sues. He has represented poor children He also directed the Pentagon to find al- that rope is one of the few areas that is who were being denied lead screening ternatives to the mines used on the Korean tests, women and people of color who Peninsula by 2006. free of landmines. And the child can At the same time, Clinton redefined the play only on the end of a leash like a were denied job opportunities and pro- only type of antipersonnel land mine used by dog. motions, neighbors in a mixed income U.S. troops outside Korea—mines that are These are the same places where peo- and mixed race community who strove scattered around anti-tank mines to protect ple often go hungry. They cannot work to save their homes, and parents seek- them from being breached by enemy troops. in their fields without risking their ing a good education for their children. This is called a ‘‘mixed system’’ of anti-tank lives. And they often have no choice. Mr. Lee has developed a broad array of and antipersonnel mines. The administration And when one of them loses a limb, or supporters over the years, including now calls these antipersonnel land mines the Republican mayor of Los Angeles, ‘‘devices’’ and ‘‘submunitions.’’ his or her life, the whole family suffers. The practical result of this definitional That is the reality for millions of peo- former opposing counsels, and numer- change is that the Pentagon is no longer ac- ple, and that is why this demining ini- ous others who cross race, gender and tively trying to come up with an alternative tiative is so important. political affiliation lines. for these mines, of which the United States Mr. President, I yield the floor. Senator D’AMATO spoke eloquently of has more than 1 million. Seeing nobody else seeking recogni- Mr. Lee’s qualifications and back- ‘‘We are looking for alternatives to the Ko- ground while introducing him last rean situation,’’ said Pentagon spokesman tion, I suggest the absence of a week. Senator WARNER wrote to the Kenneth Bacon. ‘‘The mixed packages are quorum. not a humanitarian threat.’’ The PRESIDING OFFICER. The White House in support of Mr. Lee’s The reason the mixed packages are not a clerk will call the roll. candidacy. Senators MOYNIHAN, humanitarian threat is because they turn The assistant legislative clerk pro- INOUYE, AKAKA, FEINSTEIN, and BOXER themselves off after a set period of time, usu- ceeded to call the roll. supported Mr. Lee at his confirmation ally three hours. Even so, from May 1996 Mr. LEAHY. Mr. President, I ask hearing last week and Representatives until this January, Clinton still wanted to MINK, BECCERA, MATSUI, and JACKSON- find alternatives to them in hopes of induc- unanimous consent that the order for LEE all took the time to come to the ing countries that use the troublesome non- the quorum call be rescinded. self-destructing mines to give them up. The PRESIDING OFFICER. Without hearings to show their commitment to Non-self-destructing mines, also known as objection, it is so ordered. this outstanding nominee. To those who know him, Bill Lee is a ‘‘dumb mines,’’ are responsible for injuring f or killing 25,000 people a year, many of them person of integrity who is well known civilians. SUPPORT OF NOMINATION OF BILL for resolving complex cases. He has U.S. negotiators working on the Ottawa LANN LEE been involved in approximately 200 treaty tried unsuccessfully to convince other Mr. LEAHY. Mr. President, I have cases in his 23 years of law practice, countries to create an exemption for the and he has settled all but 6 of them. antipersonnel mines used in anti-tank mine- spoken many times on the floor about fields. the nomination of Bill Lann Lee to be Clearly, this is strong evidence that Abandoning the search for alternatives, the Assistant Attorney General in Mr. Lee is a problem solver and prac- said Bobby Muller, president of the Vietnam charge of the Civil Rights Division of tical in his approach to the law. No one Veterans of America Foundation, would the U.S. Department of Justice. who has taken the time to thoroughly make it impossible for the United States to review his record could call him an ever sign the treaty as it is written. Mr. Lee testified before the Judiciary Committee. It was really the culmina- idealogue. ‘‘Our bottom line is for the U.S. to sign the Further evidence that Mr. Lee is the treaty,’’ said Muller, who also is part of the tion of the American dream. A son of International Campaign to Ban Landmines, Chinese immigrants who went from liv- man for the job is contained in the edi- which won the Nobel Peace Prize this year. ing at the family laundry upon his fa- torials from some of our country’s ‘‘We are going to be in his [Clinton’s] face. ther returning from World War II and leading newspapers, including the Los We are not going away.’’ then on to achieving one of the highest Angeles Times, Boston Globe, Washing- Yesterday the international campaign academic records ever, and ends up ton Post, and New York Times. I ask began airing eight days of Washington- unanimous consent to have printed in broadcast television ads aimed at pressuring dedicating his life to protecting the the RECORD copies of those editorials Clinton to sign the treaty or to pledge to civil rights of all Americans. At a time sign it at a specified date. when we are discussing what is happen- and articles at the conclusion of my statement, and I also ask to be printed Mr. LEAHY. Mr. President, let us ing regarding the lack of civil rights in in the RECORD at the conclusion of my hope that the Pentagon’s pledge today the country of his forbears—what a statement, a letter from the assistant to help lead an international demining marked contrast. city attorney from Los Angeles that effort is a lot longer lasting. I am concerned when I hear some Mr. President, I have spoken on this Members trying to stall or defeat his corrects a misimpression that may subject so many times. I think of when nomination. They have done it by have been created by a letter recently I went to Oslo recently when govern- mischaracterizing Mr. Lee and his sent by NEWT GINGRICH. The PRESIDING OFFICER. Without ments were meeting there to talk record of practical problem solving. Yesterday, my statement pointed out objection, it is so ordered. about an international ban. And I was (See exhibit 1.) joined by Tim Rieser, of my staff, who that the confirmation of this son of As Robert Cramer’s letter estab- has worked so hard on this, and David Chinese immigrants to be the principal lishes, Mr. Lee neither sought to im- Carle. I met with the American nego- Federal law enforcement official re- pose racial or gender quota nor em- tiators who were there and had a sponsible for protecting the civil rights ployed dubious means in a case in chance to speak to the delegates and of all Americans would stand in sharp which he, in fact, was not even active the NGO’s and others who had gath- contrast to the human rights practices as counsel. Mr. Cramer, a 17-year vet- ered. in China. eran attorney for the city of Los Ange- And I said: I dream of a world, as we Some are obviously trying to stall or les, concludes: go into the next century, a world where defeat this nomination by Bill Lann Lee and I have sat on opposite armies of humanity dig up and destroy mischaracterizing Mr. Lee and his sides of the negotiating table over the course the landmines that are in the ground record of practical problem solving. of several years. Although we have disagreed and when no other armies come and Bill Lee testified that he regards profoundly on many issues, I have through- put new landmines down. quotas as illegal and wrong, but some out the time I have known him respected S11532 CONGRESSIONAL RECORD — SENATE October 31, 1997 Bill’s candor, his thorough preparation, his [From the Boston Globe, Aug. 27, 1997] a job such as this is almost always less than sense of ethical behavior, and his ability to JUSTICE FOR BILL LANN LEE the surrounding rhetoric suggests. bring persons holding diverse views into Bill Lann Lee is being unjustly booed. Mr. Lee over his career has brought a con- agreement. He would, in my view, be an out- President Clinton wants Lee to be the next siderable number of lawsuits in behalf of standing public servant and a worthy addi- assistant attorney general in charge of the groups claiming they were discriminated tion to the Department of Justice. Justice Department’s civil rights division, against, and has sought and won resolutions When confirmed, Bill Lee will be the but critics are branding Lee an extremist. aimed at making the groups whole, somehow first Asian-American to hold such a Such name-calling is a waste. Lee, a 48- defined. It is that kind of group resolution of such disputes that some people object to, on senior position at the Department of year-old Asian-American, isn’t a subversive. He’s western regional counsel for the NAACP grounds that the whole object of the exercise Justice. I am sure that any fairminded should be to avoid labeling and treating peo- review will yield the inescapable con- Legal Defense and Educational Fund. But that worries Clint Bolick. The director of ple as members of racial and other such clusion that no finer nominee could be litigation at the Institute for Justice, a con- groups. There is surely some reason for the found for this important post and that servative Washington public interest law discomfort this group categorizing gen- Bill Lee ought to be confirmed without firm, Bolick argues that Lee’s organization erates. But the courts themselves continue delay. I look forward to the Judiciary doesn’t reflect mainstream thinking on civil to uphold such actions in limited cir- Committee voting on this nomination rights. And Senator Orrin Hatch has said cumstances. And Mr. Lee has won a reputa- he’ll search to see whether Lee favors tion for resolving such cases sensibly. Los next week and am hopeful that Mr. Lee Angeles’s Republican Mayor Richard Rior- will be confirmed before the Senate ad- quotas. The NAACP Legal Defense Fund isn’t a dan is one who supports the nomination. journs. fringe group. It’s the organization that ‘‘Mr. Lee first became known to me as oppos- EXHIBIT 1 brought America Brown v. Board of Edu- ing counsel in an important civil rights case [From the Los Angeles Times, Oct. 20, 1997] cation, the 1954 Supreme Court ruling that concerning poor bus riders in Los Angeles,’’ he has written. ‘‘The work of my opponents FINE CHOICE FOR U.S. RIGHTS POST—L.A. AT- outlawed segregation in the public schools. rarely evokes my praises, but the negotia- TORNEY SHOULD BE CONFIRMED BY THE SEN- As for Lee, even past legal opponents call tions could not have concluded successfully ATE WITHOUT DELAY him a pragmatic problem-solver. One exam- without Mr. Lee’s practical leadership and Los Angeles civil rights attorney Bill Lann ple is a 1994 federal civil rights class-action suit against the Los Angeles County Metro- expertise. . . . Mr. Lee has practiced main- Lee is a smart, pragmatic consensus builder stream civil rights law.’’ who has proven himself in fighting discrimi- politan Transportation Authority. The suit charged that resources were unfairly distrib- There are lots of legitimate issues to be ar- nation based on race, national origin, gen- gued about in connection with civil rights der, age or disability. He has the expertise, uted: The suburbs were overserved; the inner city was underserved. Lee focused on solving law. Mr. Lee’s nomination is not the right the experience and the temperament to head vehicle for resolving them. Senators, includ- the Justice Department’s civil rights divi- the transportation problem instead of pun- ishing the transportation system. The re- ing some who no doubt disagree with some of sion. This nomination should be a slam dunk his views, complain with cause about the for the Senate. Instead it has become a par- sulting settlement will be worth an esti- mated $1 billion over 10 years to Los Angeles continuing vacancies in high places at the tisan referendum on President Clinton’s con- Justice Department. This is one they should tinued support for some form of affirmative bus riders. Lee’s career is a crucial reminder that the fill before they go home. action. country can’t let the word ‘‘quota’’ scare it If confirmed, Lee, the western regional [From the New York Times, Oct. 29, 1997] counsel of the NAACP Legal Defense Fund, away from addressing racial injustice. He is would become the first Asian American to part of the Legal Defense Fund’s tradition of A CHIEF FOR CIVIL RIGHTS manage the 250-lawyer division. He would be tackling important but unpopular issues, in- The important post of Assistant Attorney well positioned to broaden civil rights en- cluding environmental racism, police brutal- General for Civil Rights has been vacant for forcement to accommodate the nation’s ity, and housing. And ultimately, it isn’t nearly a year, sending the wrong message multicultural dynamics. lawyers who create change, explains Theo- about the nation’s commitment to enforce Some Republicans are seizing on Lee’s op- dore Shaw, associate director and counsel for anti-discrimination laws. President Clinton position to Proposition 209, the anti-affirma- the Defense Fund: they only create a window deserves much of the blame. After the last tive action ballot measure approved last No- of opportunity in which change can happen— rights chief resigned, he waited seven vember by California voters. But what else if communities follow through. As the Sen- months before nominating Bill Lann Lee in might be expected from a veteran civil rights ate scrutinizes Lee, it ought to see the mer- July. But the Senate, too, has been slow to lawyer? And during his confirmation hearing its of his record, one of asking everyone— move. he promised to abide by the law of the land, plaintiffs and defendants alike—to remedy Mr. Lee, currently the Western Regional which awaits a Supreme Court ruling on the injustice. Counsel for the NAACP Legal Defense and constitutionality of Proposition 209. Educational Fund Inc., is a respected civil Nominees to the federal civil rights post do [From the Washington Post, Oct. 24, 1997] rights attorney whose efforts to reach prac- often run into political trouble. During the THE LEE NOMINATION tical solutions and build coalitions across ra- Reagan administration, a Democratic major- In July, the president nominated Bill Lann cial and ethnic lines have earned praise even ity blocked the promotion of Bradford Reyn- Lee, western regional counsel for the NAACP from his legal adversaries. He will bring a olds, who opposed busing and other tradi- Legal Defense and Educational Fund, to be constructive and conciliatory voice to the tional civil rights remedies. A Bush nomi- assistant attorney general for civil rights. national dialogue on race and affirmative ac- nee, William Lucas, was blocked on similar The post had then been vacant for half a tion. grounds. Clinton’s first choice, Lani Guinier, year. On Wednesday, Mr. Lee had his con- The opposition to Mr. Lee arises largely hit a wall of GOP rejection. Later, Deval firmation hearing. The nomination now from resentment among various senators Patrick was confirmed; he resigned in Janu- should be approved. over the Administration’s support for some ary. The choice of Mr. Lee has drawn some lim- affirmative action programs. There have also Conservatives should love Lee. The son of ited opposition, as civil rights nominations been attempts to portray Mr. Lee and the poor Chinese immigrants who owned a hand by either party almost always seem to do venerable civil rights organization for which laundry in Harlem, Lee made it on merit. He these days. In this case, however, even oppo- he works as out of the civil rights ‘‘main- graduated with high honors from Yale and nents, some of them, have acknowledged stream.’’ This is a gross misrepresentation. Columbia University Law School and could that, from a professional standpoint, Mr. Lee Mr. Lee was enthusiastically introduced to have enriched himself in private practice. In- is qualified. The issue is not his professional the Senate Judiciary Committee last week stead, he has spent 23 years in civil rights competence. The objection is rather to the by New York’s Republican Senator, Alfonse law. views of civil rights that he shares with the D’Amato. With the Senate poised to adjourn Even legal adversaries admire him. Mayor president, and which, in the view of the crit- in early November, the committee should Richard Riordan, a Republican, was on the ics, should disqualify him. move quickly to approve Mr. Lee when it other side when the NAACP Legal Defense Mr. Lee’s views appear to us to be well in- meets tomorrow. A delay is likely to kill his Fund accused the MTA of providing inferior side the bounds of accepted jurisprudence. He confirmation chances until next year. service to poor, inner-city bus riders. Lee is an advocate of affirmative action, as you built a strong case, then negotiated a settle- would expect of someone who has spent his OFFICE OF THE CITY ATTORNEY, ment that saved the city substantial legal entire professional career—23 years—as a Los Angeles, CA, October 29, 1997. fees while still achieving more equitable civil rights litigator. The president has like- Hon. TRENT LOTT, transportation in Southern California. Rior- wise generally been a defender of such poli- Senate Majority Leader, S–230, The Capitol, dan praised Lee for ‘‘practical leadership and cies against strong political pressures to the Washington, DC. expertise’’ that eschewed divisive politics. contrary. But Mr. Lee himself observed that Re. Bill Lann Lee Confirmation. Bill Lee is well qualified to become assist- the assistant attorney general takes an oath DEAR MR. MAJORITY LEADER: As an Assist- ant attorney general for civil rights and his to uphold the law as set forth by the courts, ant City Attorney for the City of Los Ange- nomination should be approved now. and so he would. The range of discretion in les—and opposing counsel to Bill Lann Lee October 31, 1997 CONGRESSIONAL RECORD — SENATE S11533 in recent federal civil rights litigation—I The PRESIDING OFFICER. Without ing for highway programs of about $28 billion read with concern the October 27 letter to objection, it is so ordered. over the five-year period FY 1999–2003, to be you from the Speaker of the House of Rep- distributed among the states based on the f resentatives. I believe the Speaker has been precise distribution formula in the commit- misinformed about many of the facts set out ANALYSIS OF DOMENICI-CHAFEE tee bill. Since the program authorization levels in ISTEA II will put an upper limit on in that letter, and therefore the conclusions ‘‘DEAR COLLEAGUE’’ LETTER RE- he reaches about Mr. Lee’s fitness for public the amount Congress can spend on highway office, and in particular for the position of GARDING ISTEA REAUTHORIZA- during the next six years, the only way to in- Assistant Attorney General for Civil Rights, TION crease highway spending is to increase the are unwarranted. Mr. BYRD. Mr. President, earlier this amounts authorized in ISTEA II, which is The Speaker’s letter begins by asserting precisely what the Byrd-Gramm-Baucus- week, Senators received a ‘‘Dear Col- Warner amendment does. The implication of that Mr. Lee ‘‘attempted to force through a league’’ letter and accompanying ma- consent decree mandating racial and gender the Domenici-Chafee dear colleague letter preferences in the Los Angeles Police De- terial from my friends and colleagues, that the Byrd-Gramm-Baucus-Warner partment.’’ This assertion is erroneous. In Senators CHAFEE and DOMENICI. This amendment provides no more funding than the course of representing the City of Los letter included several representations ISTEA II as reported is simply wrong and Angeles, I have for the past seventeen years regarding the substance and effect of completely misrepresents the intent of the monitored the City’s compliance with con- amendment. the Byrd-Gramm-Baucus-Warner The Domenici-Chafee approach would lock sent decrees affecting the hiring, promotion, amendment in comparison to that of the highway program into the inadequate advancement, and assignment of sworn po- the Chafee-Domenici amendment to S. authorization levels currently specified in lice officers. I have negotiated on the City’s 1173, the ISTEA reauthorization bill. ISTEA II in exchange for a procedure by behalf two of those decrees. Of those two, I have already addressed a number of which Congress could add more money at Mr. Lee was opposing counsel on the first, some future time if it so wishes. This pig-in- and was associated with opposing counsel on these issues on the floor over the last two days. However, I thought it would a-poke asks the American people to give up the second. None of these decrees mandates the higher authorizations for highways pro- the use of racial or gender preferences. In be valuable for Senators to review a vided in Byrd-Gramm-Baucus-Warner for the fact, each of them contains provisions for- memorandum that evaluates in detail hope that Congress might deliver the equiva- bidding the use of such preferences. the representations made by Senators lent at some future date. Of course, Congress For the same reasons, the Speaker’s state- CHAFEE and DOMENICI in their ‘‘Dear will still have to pass higher obligation limi- ment that the use of racial and gender pref- tations and appropriations under either ap- erences ‘‘would have been a back-door Colleague’’ letter. This analysis was proach, but the Byrd-Gramm-Baucus-Warner thwarting of the will of the people of Califor- prepared by Dr. William Buechner, Di- amendment lets us lock in the necessary au- nia with regard to Proposition 209 (the Cali- rector of Economics and Research at thorization level today. fornia Civil Rights Initiative)’’ is inapposite. the American Road and Transportation The Byrd-Gramm-Baucus-Warner amend- Because the decrees with which Mr. Lee was Builders Association. ment also authorizes additional spending for associated do not call for racial or gender I therefore ask unanimous consent the Appalachian Highway Development Sys- preferences, and in fact forbid them, these that Dr. Buechner’s analysis be printed tem and changes most of the funding for the decrees do not violate the requirements or in the RECORD at this point, and I hope Border Corridor program from a general fund the intent of Proposition 209. authorization into contract authority. The Of particular concern to me is the Speak- all Members will carefully review this material and become cosponsors of the Environment and Public Works Committee- er’s reference to ‘‘the allegation that Mr. Lee directed table assumes that funds for these apparently employed dubious means to try Byrd-Gramm-Baucus-Warner amend- initiatives would be paid ‘‘off the top’’ and to circumscribe the will of the judge in the ment. implies that states would have to give up case.’’ This allegation is wholly untrue. The There being no objection, the mate- money from other highway programs no case being referred to is presently in litiga- rial was ordered to be printed in the matter what level is appropriated for the tion in the district court. Mr. Lee was not at RECORD, as follows: highway program. In fact, the authorization any time a named counsel in the case, but for these programs in the Byrd-Gramm-Bau- Memorandum was associated with opposing counsel be- cus-Warner amendment are fully subject to cause of his involvement in the negotiation To: Senate Transportation & Budget LA’s any annual obligation limitation as are of a related consent decree. Neither Mr. Lee From: Dr. William Buechner, Director of Ec- other highway programs. Moreover, these nor any opposing counsel attempted in any onomics & Research American Road & programs would be funded in the same pro- fashion to thwart the will of the judge super- Transportation Builders Association portion as other programs in the bill. vising the litigation. The matter had been Date: October 29, 1997 In truth, the Byrd-Gramm-Baucus-Warner referred by the court to a magistrate judge Re: Dear Colleague by Senators Domenici amendment provides an increase in author- appointed by the court to assist in the reso- and Chafee on Byrd-Gramm-Baucus-War- ization for all of the highway programs in lution of the case. Each counsel had advised ner Amendment to S. 1173 (ISTERA II) ISTEA II in the same proportion as provided the district judge at all points about the Yesterday, you received a dear colleague for in the underlying bill. As the annual progress of the matter. Upon reconsider- letter from Senators Domenici and Chafee level of appropriations rise, the funds avail- ation, the district judge elected to assert di- claiming that forty-three states would lose able for all states will rise with it. You can- rect control over the litigation. Nothing in highway money under the Byrd-Gramm-Bau- not compare the state-by-state allocations Mr. Lee’s conduct reflected any violation of cus-Warner Amendment to S. 1173. This under Byrd-Gramm-Baucus-Warner versus the court’s rules, either in fact or by appear- claim was made on the basis of tables and Domenici-Chafee at the same level of spend- ance. charts prepared by the U.S. Department of ing, as the dear colleague letter attempts, Bill Lann Lee and I have sat on opposite Transportation under instructions from the because the two do not provide the same sides of the negotiating table over the course Environment and Public Works Committee. level of spending. Instead, the appropriate of several years. Although we have disagreed A front page article on this memorandum ap- comparison would pit the fully-funded Byrd- profoundly on many issues, I have through- peared in the October 28 edition of Congress Gramm-Baucus-Warner against the anemic out the time I have known him respected Daily A.M., which gives the Domenici-Chafee level of funding under Domenici-Chafee, in Bill’s candor, his thorough preparation, his analysis the illusion of accuracy and author- which case every state wins and wins big sense of ethical behavior, and his ability to ity. under the Byrd-Gramm-Baucus-Warner bring persons holding diverse views into DON’T BE MISLED amendment. The Byrd-Gramm-Baucus-War- ner amendment will make it possible to use agreement. He would, in my view, be an out- The purpose of the Domenici-Chafee dear standing public servant and a worthy addi- the revenues from the recent transfer of the colleague letter is to obscure the fact that 4.3 cents per gallon of the Federal gasoline tion to the Department of Justice. the Byrd-Gramm-Baucus-Warner amendment Very truly yours, tax previously used for deficit reduction into will provide $28 billion more for highways the Highway Trust Fund to provide author- ROBERT CRAMER, during the next five years than ISTEA II as Assistant City Attorney. ization for more than $5 billion per year in reported, while the proposed Domenici- new funds to allocate among all the states Mr. LEAHY. Mr. President, I suggest Chafee amendment will not. Nonetheless, the for highway investment. the absence of a quorum. letter suggests that it is appropriate to com- In truth, every state stands to receive sub- The PRESIDING OFFICER. The pare the two proposals as though both pro- stantially more under the Byrd-Gramm-Bau- clerk will call the roll. vide the same amount of funding. This cre- cus-Warner amendment than under ISTEA II The assistant legislative clerk pro- ates the impression that some states would as reported. These additional funds are criti- receive less under Byrd-Gramm-Baucus-War- ceeded to call the roll. cal to meet our nation’s transportation ner than under Domenici-Chafee. Here are needs. Mr. BYRD. Mr. President, I ask unan- the facts: I would be happy to discuss this with you imous consent that the order for the The Byrd-Gramm-Baucus-Warner amend- if you have questions. I can be reached at quorum call be rescinded. ment authorizes an increase in formula fund- 202–289–4434. S11534 CONGRESSIONAL RECORD — SENATE October 31, 1997 ADDITIONAL COSPONSOR—S. 1173 rent law, students who have both direct (See exhibit 2.) Mr. BYRD. Mr. President, I ask unan- and guaranteed loans may only con- Mr. JEFFORDS. Mr. President, De- imous consent that the name of Mr. solidate them into an FDLP consolida- partment of Education officials have been working diligently to resolve the DASCHLE be added as a cosponsor to tion loan administered by the Depart- problems with the consolidation pro- amendment No. 1397, the Byrd-Gramm- ment of Education. gram and have indicated that it will re- Baucus-Warner amendment to S. 1173, The problem is that FDLP consolida- open by December 1. I believe we would the ISTEA reauthorization bill. tion is not an option right now. Since all welcome seeing the program back The PRESIDING OFFICER. Without August 26, the Department has sus- on its feet. In the meantime, we need objection, it is so ordered. pended its consolidation program in an to give students another option right Mr. BYRD. Mr. President, I yield the effort to deal with the backlog of 84,000 now. floor and suggest the absence of a applications which had piled up prior to that time. We also need to help alleviate the quorum. pressure on the direct consolidation The PRESIDING OFFICER. The Second, it assures that students and their parents will enjoy the full bene- loan program which will inevitably clerk will call the roll. occur when it reopens—only to face the The assistant legislative clerk pro- fits of the educational tax credits con- tained within the Taxpayer Relief Act pent-up demand built up over a 3- ceeded to call the roll. month period. Prior to the shutdown, Mr. JEFFORDS. Mr. President, I ask of 1997 by excluding these tax credits from consideration when student finan- applications were running approxi- unanimous consent that the order for mately 12,000 per month. the quorum call be rescinded. cial need is being assessed. Let me talk for a moment about why This legislation is intended to pro- The PRESIDING OFFICER. Without vide immediate relief to students and objection, it is so ordered. it is important to offer a loan consoli- dation option to those students who, is designed specifically for that pur- f right now, have nowhere to turn. The pose. It modifies the current FFELP student loan consolidation program al- consolidation program to assure that EMERGENCY STUDENT LOAN loan subsidies are maintained, to pro- lows students to consolidate multiple CONSOLIDATION ACT OF 1997 vide for the same interest rate in effect student loans into a single loan that for FDLP consolidation loans, and to Mr. JEFFORDS. Mr. President, I has several repayment options. The protect borrowers against discrimina- want to bring to the attention of my benefits of consolidation include the colleagues an important matter, which tion. convenience of making a single month- The bill does not, nor is it intended I hope can receive consideration before ly loan payment. In addition, the re- we leave this fall. to, address every issue which has been payment options can reduce monthly raised with respect to the loan consoli- Last week, the Senate Committee on payments. For many young families, Labor and Human Resources unani- dation provisions of the Higher Edu- these loans reduce their monthly pay- cation Act. In anticipation that these mously reported out a bill, S. 1294, the ments enough to allow them to qualify Emergency Student Loan Consolida- issues would be fully debated and ad- for a mortgage for their first home. dressed in next year’s reauthorization tion Act of 1997. This measure is a mod- In my view, we need to make every est, but extremely important, effort de- of the act, the consolidation provisions possible effort to assure that consolida- of this legislation will expire on Octo- signed to assist students attempting to tion is a benefit to students—not just finance their higher education. ber 1, 1998. another obstacle course. A New York Finally, this legislation also includes The measure enjoys broad bipartisan Times article about the series of prob- support. The House companion bill, important provisions dealing with the lems which has plagued the FDLP con- calculation of student aid under the H.R. 2335, was approved by a vote of 43 solidation program operated by the De- to 0 by the House Committee on Edu- Higher Education Act. partment of Education under contract The Taxpayer Relief Act of 1997 con- cation and the Workforce. This meas- with Electronic Data Systems Corp. tained two educational tax credits de- ure, with language identical to S. 1294, brings to life the individuals whom this signed to help students and their fami- as reported by the Labor Committee, legislation is trying to help. lies pay for the rising cost of higher was subsequently approved by the full Consider the following account re- education. Under current law, the need House under suspension by voice vote. garding Shannan Elmore: analysis formula will consider students It has also been endorsed by national It seemed like a simple enough thing to do: and their parents who receive the tax associations representing students and consolidate 10 different Government-spon- credit as having greater resources to institutions of higher education. sored college loans due over 10 years into one pay for college, thereby reducing their I ask unanimous consent that a let- jumbo loan payable over 25, slashing the eligibility for student financial aid. As ter from Dr. Stanley O. Ikenberry, monthly payment to $350 from $448. That was a result, students and their families president of the American Council on one of the last things standing between will find their financial aid reduced Education, be printed in the RECORD Shannan Elmore and mortgage approval for the house—the one whose concrete founda- and that the amount they expended for following my remarks. higher education remained relatively The PRESIDING OFFICER. Without tion her husband had proposed in front of— that she wanted to build near Boulder, CO. unchanged by the educational tax cred- objection, it is so ordered. But Mrs. Elmore, a 30-year-old chemist who its. (See exhibit 1.) graduated in May 1996 with a master’s degree If the change in the need analysis Mr. JEFFORDS. Mr. President, the and $43,000 of debt, said it took eight months formula included in this legislation is House measure is now being held at the for the Electronic Data Systems Corporation not made, approximately 69,000 individ- desk and is available for immediate ac- to do the paperwork—far too long to satisfy uals will lose an estimated $120 million tion by the Senate. It has been cleared the mortgage lender. During those months, in student financial aid. on the Republican side of the aisle. Un- Mrs. Elmore said, she called frequently only I do not believe that this needed re- fortunately, due to objections from the to be put on hold—for as long as 45 minutes— and received one promissory note missing lief for students should be further de- other side of the aisle, we are unable to the very page her lender needed to see. She layed, and I urge my colleagues to consider it. said she was still trying to clear up a loan withdraw their objections so we can I want to take this opportunity to that E.D.S. thinks it paid off twice and for get this measure to the President. discuss the provisions of this legisla- which it is double-billing her. The Elmores Mr. President, I want to just please tion and the need to move expedi- eventually qualified for a mortgage, but for urge those who are opposing the con- tiously on it. This legislation does two a different house. sideration of this bill to at least take things: Mr. President, I ask unanimous con- the time to fully understand the rami- First, it permits individuals to con- sent that the full text of the article, fications of their failure to allow this solidate all their student loans—both which appeared in the New York Times bill to come up. I am sure that when Federal Direct Loan Program [FDLP] on October 1, 1997, appear in the they do so, they will recognize that loans and Federal Family Education RECORD following my remarks. this is not something which should be Loan Program [FFELP] loans—into a The PRESIDING OFFICER. Without left undone before we leave here this FFELP consolidation loan. Under cur- objection, it is so ordered. fall. October 31, 1997 CONGRESSIONAL RECORD — SENATE S11535

EXHIBIT 1 over 25, slashing the monthly payment to a bank even if one or more of the loans had AMERICAN COUNCIL ON EDUCATION, $350 from $558. That was one of the last been issued by the Government. That option OFFICE OF THE PRESIDENT, things standing between Shannan Elmore is not currently available to them. If the Washington, DC, October 28, 1997. and mortgage approval for the house—the measure is approved, it would go to the full DEAR SENATOR: I write on behalf of the un- one whose concrete foundation her husband House for consideration. dersigned to express our strong support for had proposed in front of—that she wanted to Both E.D.S. and the Education Department S. 1294, the ‘‘Emergency Student Loan Con- build near Boulder, Colo. say the logjam results from an unexpectedly solidation Act of 1997.’’ This urgent legisla- But Mrs. Elmore, a 30-year-old chemist large influx of consolidation applications tion contains two important provisions, each who graduated in May 1996 with a master’s and from a surprising amount of complexity of which provides significant benefits for degree and $43,000 of debt, said it took eight in the process. E.D.S. said it had based its winning bid for the contract on department students. months for the Electronic Data Systems Cor- specifications that had forecast much less First, the bill amends the student aid need poration to do the paperwork—far too long work. The department said it expected 7,000 analysis section of Title IV to exclude from to satisfy the mortgage lender. to 8,000 applications each month; the actual parental or student income the amount of During those months, Mrs. Elmore said, rate was 12,000 a month. any tax credit claimed under the ‘‘Taxpayer she called frequently only to be put on hold—for as long as 45 minutes—and received But analysts that follow E.D.S., along with Relief Act of 1997.’’ This is an essential con- an executive of the Maryland company that forming change that is necessary to fulfill one promissory note missing the very page her lender needed to see. She said she was previously held the contract, suggest an- the intent of framers of the tax bill regard- other explanation—that an E.D.S. eager to ing the Hope Scholarship and Lifetime tax still trying to clear up a loan that E.D.S thinks it paid off twice and for which it is win business may have underbid the job in credits. 1995 by underestimating how many workers Second, the bill provides temporary, but double-billing her. The Elmores eventually qualified for a mortgage, but for a different would be needed. E.D.S. has had to add 77 much-needed, relief for tens of thousands of customer service representatives to the 100 it borrowers whose access to Direct Consolida- house. Mrs. Elmore is one of tens of thousands of originally assigned to the contract, and last tion loans has been limited due to the prob- recent graduates who have endured months year it replaced the managers running the lems experienced by the Department of Edu- of red tape as E.D.S. has struggled during the project. cation in implementing the Consolidation last year to fulfill its contract with the Edu- Education Department officials acknowl- program. While we hope the Department will cation Department to run the Government’s edge that they do not have the expertise to soon eliminate the massive backlog of appli- four-year-old effort to gain control of the na- guide such a complicated computer effort. cations, and that it will be able to accept tion’s student loans. The delays have re- ‘‘A lot of the problems we run into with gov- and process applications soon, it is impor- sulted in a Congressional hearing, prompted ernment is we don’t block and tackle cor- tant to provide additional consolidation op- calls for legislation and given a black eye to rectly,’’ Thomas Bloom, inspector general tions for borrowers who desperately need both the Education Department and to for the department, testified at the Sept. 18 help now. S. 1294 will provide several signifi- E.D.S., the giant computer services company hearing. The General Accounting Office, the cant borrower benefits: that is based in the Dallas suburb of Plano. Congressional watchdog, has repeatedly The bill allows borrowers to consolidate At the hearing, held Sept. 18, Marshall questioned the department’s technical abil- their student loans not only through the Di- Smith, Acting Deputy Secretary of the de- ity to handle financial aid information. rect Consolidation program, but also George Newstrom, an E.D.S. corporate vice partment, testified that it had taken E.D.S. through the lender of their choice in the president for government contracts, said the almost five months, on average, to complete Federal Family Education Loan Program company did not improperly underbid. ‘‘We each loan consolidation, creating a backlog (FFELP). don’t do that,’’ he said E.D.S. would have of 84,000 applications. To give E.D.S. time to It lowers the interest rate on FFEL Con- had enough employees to do the work if the catch up, the department ordered it to stop solidation loans, and sets a maximum cap on Government’s estimates had been correct, he accepting new consolidation requests in Au- interest at the same rate as is currently in said. gust. But E.D.S. has acknowledged that it mis- effect for Direct Consolidation loans. This very public stumbling has put expan- calculated on other contracts that were bid It equalizes the treatment of certain inter- sion of the Government’s so-called direct est exemption benefits for all borrowers by around this time. In August, E.D.S. said that student loan program in jeopardy. Repub- it had re-evaluated profits related to about a extending the Direct Consolidation pro- licans who opposed the Clinton Administra- gram’s treatment of these exemptions to the dozen contracts booked in 1994 and 1995, low- tion’s 1993 effort to move student loans away ering the numbers. The changes cost the FFEL Consolidation program. from banks and into the hands of the Edu- The bill provides adequate non-discrimina- company $80 million in pretax income. cation Department are back in force. Investor concerns over those errors com- tion provisions that go beyond current law ‘‘What we said in ’93 has come home to in FFELP in limiting lender discretion. bined with disappointing quarterly earnings roost,’’ said Representative Howard P. to drive E.D.S.’s stock from a 52-week high We respectfully request that you join us in McKeon of California, chairman of the sub- supporting this important legislation, which of $63.375 last October to $35.50 today. The committee of the Committee on Education company is in the middle of a revamping provides a broad array of much-needed stu- and the Work Force that held the recent dent benefits. that will shed 8,500 of its 100,000 jobs. hearing. Critics of the program said that it E.D.S. dismissed at least one of the man- Sincerely, was doomed to create inefficiencies and bot- agers responsible for the troubled contracts, STANLEY O. IKENBERRY, tlenecks. according to Myrna Vance, E.D.S.’s cor- President. Under the direct-loan program, student porate vice president for investor relations. On behalf of the following: loans are issued by the Government, instead Mrs. Vance said the student loan account American Council on Education. of by banks or other private lenders. The was not on the problem list in August. It is American Association of Community Col- program is supposed to simplify life for stu- too early to tell whether the need to assign leges. dents, who often have to borrow from more additional service representatives will mean American Association of State Colleges than one bank and then keep track of loans lower profits there, she said. and Universities. that are sold to lenders in other parts of the The company’s February 1995 bid to the Association of American Universities. country. Education Department was submitted at a National Association of Graduate and Pro- The program is also supposed to trim Gov- time when, analysts say, E.D.S. was in a pe- fessional Students. ernment administrative and interest ex- riod of flux and managers were especially National Association of Independent Col- penses paid to lenders in the separate stu- eager to win contracts. leges and Universities. dent loan operation in which repayment is E.D.S. was still adjusting to bruising com- National Association of State Universities simply guaranteed by Washington. And it petition from I.B.M., which had barged onto and Land-Grant Colleges. provides students with more lenient repay- its turf in 1991 with aggressive bids for con- United States Public Interest Research ment methods—allowing them to pay based tracts that had long gone to the Texas com- Group. on their income. The direct program has pany. Also, top E.D.S. management was dis- United States Student Association. proved popular with students: it now rep- tracted by the company’s planned 1996 spin- resents about $20 billion in outstanding off from the General Motors Corporation, EXHIBIT 2 loans, about 16 percent of the total student which had bought the company from its [From the New York Times, Oct. 1, 1997] debt, and is being used by 36 percent of all founder, Ross Perot, in 1984. The spinoff students borrowing for college expenses. would remove E.D.S. from G.M.’s protective DROPPING THE BALL IN JUGGLING LOANS; A E.D.S. issues the direct loans and oversees wing, leaving it to stand or fall on its own. LOT OF FUMBLES BY E.D.S. IN PROCESSING their consolidation. E.D.S., long the industry leader in han- STUDENT DEBT To help ease the consolidation logjam— dling computer services for big clients, fin- (By Carol Marie Cropper) and, not incidentally, slow the direct pro- ished 1995 with $12.4 billion in revenue, up DALLAS, SEPT. 30.—It seemed like a simple gram’s forward motion—critics of Govern- from $10 billion the year before. But accord- enough thing to do: consolidate 10 different ment lending have scheduled a committee ing to a Merrill Lynch analyst, Stephen T. Government-sponsored college loans due vote Wednesday on a measure that would McClellan, the company was finding it in- over 10 years into one jumbo loan payable allow students to consolidate loans through creasingly difficult to keep up the double- S11536 CONGRESSIONAL RECORD — SENATE October 31, 1997 digit earnings growth it had come to regard For E.D.S.’s part, Mrs. Vance said that the The PRESIDING OFFICER. Without as its due. Worse, I.B.M. was gaining on publicity would not have much impact on objection, it is so ordered. E.D.S. for total contracts won and would the company’s prospects. ‘‘One contract is Mr. BRYAN. Mr. President, I ask roar past in 1996. not going to set a trend or be a deterrent for unanimous consent to speak as if in It was in this atmosphere that E.D.S. pre- new business,’’ she said. pared its $162 million bid to issue and con- The Education Department, however, is morning business with the understand- solidate direct loans over a five-year period. considering whether to cancel the $378 mil- ing that if the distinguished floor lead- The bid was at least 50 percent lower than lion contract with E.D.S. for servicing the er is prepared to move forward, I am the one submitted by the Maryland company loans. Such a move could come because ap- prepared to yield the floor back to him that had been doing the job, the CDSI/Busi- plications for new loans are, oddly enough, for purposes of conducting his business. ness Applications Solutions unit of Com- now running below expectations. A cancella- The PRESIDING OFFICER. Without puter Data Systems Inc. E.D.S. soon won a tion would not be related to the problems objection, it is so ordered. second five-year contract, worth $378 mil- with the consolidations, a department Mr. BRYAN. I thank the Chair again. lion, to service the loans. spokesman said, adding that another compa- f Thomas A. Green, president of the CDSI ny’s servicing contract is also in jeopardy. unit, said that his company had already But even some of the lawmakers who most- NUCLEAR WASTE POLICY ACT OF started to see a surge in interest in the di- ly blame the Education Department for the 1997 rect-loan program—and the Education De- program’s troubles are asking whether partment should have know that. ‘‘We were E.D.S. should be punished by being docked Mr. BRYAN. Mr. President, yester- sending out applications all the time, so it part of its pay. Representative Peter day, in perhaps the most was clear that the popularity of the program Hoekstra, Republican of Michigan, said he antienvironmental vote of the Con- was growing,’’ Mr. Green said. ‘‘They weren’t might favor doing that. gress, the House of Representatives blind-sided at what it was going to be when Even without that penalty, however, passed the Nuclear Waste Policy Act of they took over,’’ he said of E.D.S. E.D.S. will feel some pain, Mr. Hoekstra Mr. Green also said his company was never said, adding, ‘‘I wouldn’t want to be identi- 1997. Like the Senate bill that passed as backlogged as E.D.S. has been. He said fied as the vendor that forced the Federal earlier this year, the House bill un- CDSI consolidated 144,000 loans in the 22 Government to shut down consolidations in fairly targets Nevada, a State with no months between January 1995 and November the direct-loan program with a backlog of nuclear reactors, as the final destina- 1996, when it finished its work. The average 84,000 kids.’’ tion for 80,000 metric tons of high-level consolidation took 65 to 70 days, he added. Mr. JEFFORDS. Mr. President, I sug- nuclear waste produced by the U.S. That compares with an average of 142 for commercial nuclear utilities, most of E.D.S., according to Mr. Smith, the Edu- gest the absence of a quorum. cation Department official. E.D.S. has proc- The PRESIDING OFFICER. The which are located in the East. essed about 54,000 loans since taking over clerk will call the roll. The central feature of the bill passed last September, he told the House panel. The assistant legislative clerk pro- by the House yesterday, like the Sen- One of those affected by the delays is ceeded to call the roll. ate bill, is the establishment of so- Robyn Higbee, who says she went back and Mr. BYRD. Mr. President, I ask unan- called interim storage of high-level forth on the phone for six months to consoli- imous consent that the order for the commercial nuclear waste at the Ne- date two of her husband’s law school loans quorum call be rescinded. vada test site, about 80 miles north of totaling $18,500. Mrs. Higbee struggled with The PRESIDING OFFICER. Without the metropolitan Las Vegas area, an this as the family moved from Virginia to objection, it is so ordered. California, her husband studied for the bar area that comprises some 1 million exam and started a new job, the couple f citizens. Like its Senate counterpart, the bought their first home and she gave birth to ADDITIONAL COSPONSORS—S. 1319 a baby who required heart surgery. House bill tramples on decades of envi- ‘‘It was just something that was totally Mr. BYRD. Mr. President, I ask unan- ronmental policy, ignores public health unnecessary,’’ Mrs. Hibgee, 25, said of the imous consent that the name of Mr. and safety and exposes the American loan complications. LEVIN, Mr. JEFFORDS, and Mr. LEAHY be taxpayer to billions of dollars in cost Randolph Dove, a spokesman for the com- added as cosponsors to S. 1319, a bill to pany in its Washington-area office, while not to solve the private industry’s waste familiar with the details of Mrs. Higbee’s and repeal the Line-Item Veto Act. problem. Mrs. Elmore’s cases, said that E.D.S. regret- The PRESIDING OFFICER. Without Fortunately, the President has indi- ted the difficulties any students have had. objection, it is so ordered. cated that he will veto either version ‘‘We’ve been working very hard and have a Mr. BYRD. Mr. President, I suggest of this misguided legislation. We have lot of people dedicated to resolving this,’’ he the absence of a quorum. secured the votes in the Senate to sus- said. The PRESIDING OFFICER. The tain President Clinton’s veto. Over all, E.D.S. has recovered from its dry clerk will call the roll. While yesterday’s House vote falls spell in winning contracts. I.B.M. won $27 The legislative clerk proceeded to slightly short of the number required billion in new business last year, compared call the roll. with E.D.S.’s $8.4 billion, according to Greg to sustain a veto in the House, we are Mr. JEFFORDS. Mr. President, I ask still within striking distance of the re- Gould, a computer services analyst at Gold- unanimous consent that the order for man, Sachs, but this year E.D.S. has already quired number, and I believe that in won or is close to signing $16.4 billion worth the quorum call be rescinded. the end this bill has little or no chance The PRESIDING OFFICER. Without of contracts. Also, gross margins are up for of becoming law. the work E.D.S. managers are bringing in— objection, it is so ordered. As I have discussed many times here 25 percent rather than the 16 percent on con- f on the Senate floor, the nuclear power tracts in 1994 and 1995, Mr. Gould said. And top management has increased its control of MORNING BUSINESS industry’s legislation is nothing but underlings who may have been tempted to Mr. JEFFORDS. Mr. President, in be- corporate pork, plain and simple. It is bid too low to win a contract, he added. half of the leader, I ask unanimous a bailout for a dying industry at the ‘‘There’s that winner’s curse,’’ he said. ‘‘You consent that there now be a period for expense of both the pocketbooks and want to win and you just lower your price morning business with Senators per- the health and safety of the American until you win the contract.’’ public. The prognosis for direct student loans is mitted to speak for up to 5 minutes each until 3 p.m.. Nevada, as the industry’s chosen des- murkier. E.D.S. expects to have the kinks tination for its waste, has obvious ob- out of its system and its backlog erased by The PRESIDING OFFICER. Without Dec. 1, Mr. Dove said. Students can then objection, it is so ordered. jections to this legislation. But, Mr. start applying once more for consolidations, Mr. JEFFORDS. Mr. President, I President, other regions are also right- he said. yield the floor. fully concerned with the potential im- But the concern over the logjam is under- Mr. President, I suggest the absence pact on their citizens. Under this legis- cutting the Government’s plans to expand of a quorum. lation, in just a few short years, 16,000 the program. Representative McKeon, who The PRESIDING OFFICER. The shipments of toxic, high-level nuclear introduced the legislation now before the waste will be transported by rail and education committee, concedes that there clerk will call the roll. are not enough opponents of direct loans to The assistant legislative clerk pro- highway through 43 States. More than kill the program outright. But his bill would ceeded to call the roll. 50 million Americans live within 1 mile at least end the Government’s monopoly Mr. BRYAN. Mr. President, I ask of the proposed rail and truck routes. over consolidation that restricts all students unanimous consent that the order for The bill requires the transportation who have any direct loans. the quorum call be rescinded. of waste through many of our largest October 31, 1997 CONGRESSIONAL RECORD — SENATE S11537 metropolitan centers and provides no Mr. BUMPERS. Mr. President, I ask But I also feel that as long as we assurance that funds will be available unanimous consent that the order for allow that sort of thing to continue, we to provide training and equipment for the quorum call be rescinded. are effectively selling off the Govern- emergency responders. The PRESIDING OFFICER. Without ment to the highest bidder. I said on Moreover, the bill makes a mockery objection, it is so ordered. the floor, and it bears repeating, you of our Nation’s environmental protec- f cannot expect a democracy to function tion laws. It ignores the National Envi- CAMPAIGN FINANCE REFORM as it is supposed to function when ronmental Protection Act and would money plays the role it plays in our take precedence over nearly every Mr. BUMPERS. Mr. President, I campaigns. So, I hope that, come next local, State or Federal environmental came over to speak on a beautiful, lazy March or whenever they have agreed statute or ordnance, including, among Friday afternoon—that is one of the to, if there has been such an agree- others, the Clean Air Act, the Clean times you can get the floor without ment, that we can address the McCain- Water Act, the Safe Drinking Water having to sit around too long—and talk Feingold bill. I am a cosponsor of the Act, and many more. It establishes ra- about three or four items that I have bill, but I must say it pales compared diation protection standards far lower just been reflecting on—nothing heavy. to what I think ought to be done, But to take up campaign finance re- than in any other Federal program and namely go to public financing and take form first, that issue has had the Sen- in complete contradiction to inter- private money out of it. ate tied in knots, now, for about 6 nationally accepted thresholds. I saw a list in the Washington Post weeks, so tied in knots that we are not The bill provides little or no public yesterday of all the incumbents and going to be able to finish the work that input or comment by affected commu- how much money they had in the bank we ought to finish, particularly on the nities or individuals and establishes a and how much the challengers had. highway transportation bill, and that whole new set of unreachable dead- And the incumbents are all friends of is a real tragedy. Nevertheless, I have lines, repeating the very mistakes Con- mine. This is not to belittle them. felt very strongly about this issue for a gress made in 1982 with the original long time, so strongly that earlier this They are simply taking advantage of Nuclear Waste Policy Act. year I introduced my own bill to pro- the system as it is. But the incumbents All of this—the trampling of our en- vide for public financing of campaigns. have millions in the bank and the chal- vironmental laws, the billions of dol- I think I could probably say without lengers had virtually nothing. As a lars in subsidy to the nuclear power in- fear of contradiction—and at my age I country lawyer from a town of 1,200 dustry, and the grave threat to the am not likely to live long enough to people who jumped up from a private health and safety of millions of Ameri- see this country go to public financ- practice to run for Governor—which cans—is completely unnecessary. Nu- ing—and yet in my opinion that is the most people considered insane, trying clear utilities can and do store waste only solution: If you take all private to get me to submit to a saliva test— safely on site at reactors. In fact, the money out of financing of campaigns in believe you me, I know the power of in- very same storage technology that the this country then you know that any cumbency and I faced it. legislation contemplates using at the private money in a campaign is a viola- In the first primary, I spent $90,000. Nevada test site is currently used at tion. You couldn’t get on the evening news reactor sites around the country, with Senator THOMPSON has just an- for a week for that today. many more sites soon to follow. No re- nounced—essentially announced—the I don’t want to get too preachy about actor in the United States has ever shutting down of the hearings on cam- it. This is something you can get closed for lack of storage. paign finance reform. Nobody’s fault— preachy about. But the fact is, I see Despite the scare tactics of the nu- I thought Senator THOMPSON did a campaign finance reform now in a dif- clear power industry, there is no stor- credible job. I thought all the members ferent way than I saw it even as re- age crisis. Objective scientific experts of the committee did. But there really cently as 2 or 3 years ago. I see it now agree that there is no storage crisis. was not very much there, except occa- as a real threat to this Nation. It is no The Nuclear Waste Technical Review sional abuses, cases of neglect, inatten- longer, at least it should not be, a par- Board, an independent oversight board tion, and heavy partisanship, but very tisan matter. It is, and it shouldn’t be, created by the Congress, found in little in a way that could remotely be because everybody’s future is at stake. March of 1996, and repeated again this construed as illegal. Yet, for all the I saw in the paper this morning year, that there is no compelling tech- abuses—and there were some—uncov- where one of the candidates in Virginia nical or safety reason to move spent ered and testified to and about during is going to be given $1 million by his fuel to a centralized interim facility those hearings, there is not any strong party. I saw last week where one of the for the next few years. Nevertheless, sentiment here to change the system candidates for SUSAN MOLINARI’s spot, I the nuclear power industry has been re- under which those abuses occurred. If guess it is in New York, that one of the lentless in its efforts to move its waste we do nothing this year, we do nothing parties is dumping $800,000 into that to Nevada as soon as humanly possible, next year, you can rest assured the campaign and that person’s opponent no matter what the consequences. abuses will continue. had $35,000 in the bank. You don’t have Mr. President, we will continue to do I come from the Democratic Party. to be brilliant to know how those races whatever we can to stop this legisla- Of course, when it comes to raising are going to come out. Television does tion from passing. With a firm veto money, we are a threatened species. it all and you cannot get on television threat in place and without the votes But completely aside from the politics without money. That is what these to override the veto, I encourage the of the issue—and the fact is that the massive contributions are all about. leadership of both the Senate and the Republicans outraise us—I think our Whoever has the most money 94 per- House of Representatives to stop this Democratic National Committee is in cent of the time wins. You can hardly exercise in futility. Stop wasting Con- debt by $15 million. I saw a big story in call that a democracy because, as I say, gress’ time on ill-founded legislation the paper this morning that the Demo- it is threatening. that stands little or no chance of being cratic National Committee was going f enacted. to raise $2.5 million at a retreat in The American people deserve more Florida this weekend, and the story REDUCING THE DEFICIT from us than wasting our time on bil- acted as though there was something Mr. BUMPERS. Mr. President, there lion-dollar subsidies for an industry ominous and maybe certainly unethi- is a lot of talk now since the President that has spent too long already at the cal about it. But it didn’t seem that has announced that the deficit this public trough. way to me at all, not under the exist- year for 1997 is, I believe, $22.6 billion. Mr. President, I yield the floor, and I ing system. There is nothing wrong That is an incredible figure. In 1993, suggest the absence of a quorum. with people giving $50,000 a couple to you are looking at a Senator who was The PRESIDING OFFICER. The attend a weekend retreat. That is a genuinely concerned, really concerned, clerk will call the roll. pretty steep price, but people do it not just concerned, alarmed about The assistant legislative clerk pro- every weekend in both parties. The where we were heading with these mas- ceeded to call the roll. price is just not normally that high. sive deficits of $290 billion a year, and S11538 CONGRESSIONAL RECORD — SENATE October 31, 1997 no one seeming to want to do some- I was trying to help somebody one be paid. You could reduce taxes by $100 thing about it, either cut spending or time and made a phone call back when billion. That would be pretty nice. raise taxes, both of which would be I was practicing law. ‘‘We can’t talk to You hear all kinds of talk around necessary to address the problem. you; send us a letter authorizing us.’’ here about tax cuts. But nobody ever I have said on the floor before, so far I was a little offended by that, but at wants to give the IRS any more money as I am concerned, regardless of what the same time, I understood. Anybody to enforce the Tax Code against those President Clinton does before or from could call and say, ‘‘I’m calling on be- people who are paying no taxes. One of now on, his legacy is going to be the half of’’ somebody else. They don’t the reasons our taxes are as high as bill in 1993 that addressed that problem know who they are, so I had to get an they are is because of the underground in a very courageous way, so coura- affidavit from my client and send it in economy operated by people who deal geous it cost a lot of Members on my saying I was authorized to represent in cash and do not pay taxes for the side of the aisle their seats. But it re- her in a tax dispute. privilege of being an American citizen. duced the deficit from $290 billion a But my point is all this legislation to I am inclined to support—I read an year, and it is reduced to this year $22.6 abolish the IRS without putting any- op-ed piece in the Post this week billion. That is an awesome, awesome thing in its place is not all that trou- strongly opposed to this idea. I do not result, and one in which the people in bling to me because something has to know whether it was this week or not. this country ought to take great pride. give. You can’t abolish the IRS and But this business of shifting the burden Then I hear on the House side where abolish the Tax Code without replacing to the IRS from the taxpayer has some the Speaker said, if we have a surplus it with something. merit. left next year, he would like to have it What you replace it with certainly I offered a bill in 1980, and it passed go on to defense spending. Completely ought not to be a flat tax. So far as I the Senate. It never passed the House, aside from what I want to say on the am concerned, the flat tax was created but it passed the Senate. The Repub- subject, that is not where I want it to by the Flat Earth Society. A flat tax, licans liked it so well they put it in go. I want the so-called surplus to go No. 1, is not ever going to pass here be- their platform in the convention in right into the National Treasury, be- cause invariably it does not allow peo- 1980. But I had a provision that said, cause even though the deficit this year ple to deduct interest on their homes. any time a regulator comes into your is $22.6 billion, that does not include It doesn’t allow charitable contribu- plant and charges you with a violation, $114 billion that we are using in trust tions. The church people, the univer- you would have to sustain the burden funds—Social Security, airport, high- sities of the country who depend so ex- of proving that that regulation was way trust funds—to get to that point. tensively on giving are not ever going valid. So while we are all patting ourselves to sit still for a flat tax. If the middle- If somebody comes into your plant on the back, Senator HOLLINGS says and lower-income groups of the coun- and says, ‘‘Your fire extinguisher is 2 giving ourselves the Good Government try knew what the flat tax would do to inches too high off the floor and, there- Award, for doing something about the them, they wouldn’t stand still for it. fore, I’m fining you $100,’’ it would be deficit, we should not ever lose sight of I can promise you that under every incumbent, under existing law, for the the fact that the $22.6 billion is not the flat-tax scenario I have seen, people person who owned that plant to prove deficit. The deficit is $22.6 billion plus who make between $30,000 and $100,000 that Congress did not intend for him to the $114 billion we are spending in trust are going to wind up paying more, and pay a fine because his fire extinguisher funds by borrowing, and until we add people who make more than that are was 2 inches too high off the ground. $114 billion in surplus to the $22.6 bil- going to wind up paying less. I have Under my bill that passed the Senate lion in deficit, we will not have a bal- not seen one single flat-tax proposal in 1980, the burden would have shifted anced budget. that doesn’t take all the progressivity to the regulator, the guy who is trying I agree with Alan Greenspan—I don’t out of the Tax Code. to impose the fine. He would have to always agree with him—but I agree I can tell you, I only have 1 more prove that the regulation is valid and with him on one thing. Even using the year in the Senate, but I am not going within the intent of Congress. You jargon of the Senate and assuming that to vote during that year for anything shift the burden. But my bill excluded $22.6 billion is the deficit, that is not that even smacks of a flat tax. Oh, ev- the Internal Revenue Code. I won’t go the honest deficit, but assuming that it erybody thinks it is so simple. Do you into all the reasons we did that. It did is, if we have anything in excess of that know why the Tax Code is so complex? not seem workable. next year, I would like to see it go into Because of the U.S. Congress. They But now I am going to look very the Treasury, because the more we pay drafted it. We just got through adding closely at this proposal of BILL AR- on the national debt, the lower interest about 800 pages to it with the so-called CHER’s, from the House, to shift the rates are going to go, and the lower in- balanced budget bill. burden to the IRS when they allege terest rates go, the better off the econ- Of course, it is complex. When you that somebody is deficient or made a omy is going to be. consider the myriad of transactions mistake on their tax return or gen- f that occur in this country and you are erally state when the IRS is accusing trying to deal with all of them and somebody of owing money, they will INTERNAL REVENUE SERVICE there are lobbyists all over the city have to sustain the burden of proving Mr. BUMPERS. Mr. President, every- asking for special favors—this little that instead of shifting the burden im- body has heard that old expression thing in our business, and this little mediately to the taxpayer. about fools walk in where angels fear thing in our business—that is the rea- Mr. President, I had one or two other to tread. I have heard as a practicing son the code is indecipherable today. issues I was going to talk about. But in lawyer, as a citizen and certainly as a So don’t blame the IRS because the the interest of expediting this evening Member of the U.S. Senate, as many Tax Code is indecipherable, blame the and allowing people in the Senate to tales about the IRS as anybody in this U.S. Congress. We are the ones who get out of here—they all look at me body. There have been unbelievable drafted every word of it. with mean looks, so I know everybody abuses, a lot of which have been aired So, Mr. President, bear in mind that is wanting to shut this place down—I in the hearings that Chairman ROTH for the last year—and the IRS has will forgo a couple of other items and held in the Finance Committee. many statistics on it—there is about save them for next Friday afternoon. You don’t get accomplished dip- $100 billion, somewhere between $92 and Mr. President, I yield the floor and lomats for what we pay auditors in the $95 billion in tax evasion every year. suggest the absence of a quorum. IRS. Oftentimes, you get somebody What does that mean? Let’s assume The PRESIDING OFFICER. The who really is, indeed, abusive. Even in the year 1997 that we collected $600 clerk will call the roll. though he is spending the taxpayer’s billion in personal income tax, and The bill clerk proceeded to call the money he is auditing, he can be very that is probably pretty close to cor- roll. unpleasant. It isn’t just the abusive- rect. Assume further that the IRS had Mr. NICKLES. Mr. President, I ask ness of the auditors. Occasionally it is been able to collect the $100 billion unanimous consent that the order for also their incompetence. which is not being paid that ought to the quorum call be rescinded. October 31, 1997 CONGRESSIONAL RECORD — SENATE S11539 The PRESIDING OFFICER. Without The Final Guidelines, only published about the Department’s sincerity in objection, it is so ordered. this year, appear to fall far short of implementing such legislatively man- f what was intended in section 334, both dated programs. I will also be working in terms of reducing paperwork and very closely with the committee to en- MORNING BUSINESS regulatory burdens and attracting a sure that the mandates we have al- Mr. NICKLES. Mr. President, I ask broad cross section of participating ready passed are complied with by the unanimous consent that there now be a businesses. Potential business partici- Department of Transportation. period for morning business with Sen- pants invested many months of effort f ators permitted to speak for up to 5 attempting to work with the Depart- minutes each. AMERICAN MANUFACTURING AT ment of Transportation to create a ITS BEST The PRESIDING OFFICER. Without functional program. However, the De- objection, it is so ordered. partment’s Final Guidelines still cre- Mr. FORD. Mr. President, today I f ate unreasonable barriers to motor car- rise to pay tribute to the Paducah gas- rier participation, produce uncertainty eous diffusion plant [PGDP] in Padu- THE MOTOR SAFETY cah, KY. On October 20, 1997, Industry DEMONSTRATION PROJECT in implementation and enforcement, and fail to reduce business paperwork. Week Magazine recognized the Padu- Mr. DORGAN. Mr. President, section Mr. LOTT. Mr. President, I would add cah facility as one of ‘‘America’s 10 344 of the National Highway System that, at this time, there is not a single Best Plants’’ from among 275 plants Designation Act of 1995 required the applicant for the motor safety dem- nominated for the honor in 1997. Department of Transportation to im- onstration project. According to Industry Week, a na- plement a motor carrier regulatory re- This has not kept the Department tional publication which annually sa- lief and safety demonstration project. from heralding the project as a center- lutes the top performing manufactur- The purpose of this project was to de- piece of their so-called regulatory re- ing facilities in North America, the termine whether certain motor carriers form. For example, in the August 11, dual purposes of the competition are with exemplary safety records could 1997 issue, of the industry publication ‘‘to recognize plants that are on the operate safely with fewer regulatory ‘‘Transport Topics,’’ the Department’s leading edge of North American efforts to increase competitiveness, enhance burdens. Associate Administrator for Motor customer satisfaction, and create stim- Specifically, the Department was re- Carriers, George Reagle, referred to the ulating and rewarding work environ- quired to establish a pilot program for project as a key part of the administra- ments; and, to encourage other North operators of vehicles between 10,001 and tion’s effort to ‘‘provide common-sense American managers and work teams to 26,000 pounds, under which eligible government * * *.’’ which offers ‘‘the emulate the honorees by adopting drivers, vehicles, and carriers would be opportunity to further regulatory re- world-class practices, technologies, and exempt from some of the Federal form’’. Mr. Reagle further stated that improvement strategies.’’ motor carrier safety regulations. ‘‘This early step toward reform will set The safety data generated from this There is no question that the Padu- the tone for our entire regulatory fu- cah facility, a federally owned nuclear project was to serve as the basis for as- ture * * *.’’ sessing the appropriate level of future fuel enrichment plant managed by A centerpiece with no participants is Lockheed Martin Utility Services, safety regulation for the motor carrier an empty centerpiece. Words of self- industry. meets these criteria. In fact, it is a praise are an inadequate response. The model for any manufacturing plant in The statute was clear. Section 344 re- law was clear and implementation is quired the Department of Transpor- any industry in the country. Over the overdue. past 10 years, the Paducah plant has tation to ensure that participants in Mr. DORGAN. Mr. President, it the project would be ‘‘subject to a min- nearly tripled output from 2.3 million seems to me that if there has not been units per year to 6.8 million units per imum of paperwork and regulatory a single participant in this program— burdens necessary to ensure compli- year. And this amazing increase in pro- which was intended as a way to relieve ductivity was achieved using existing ance with the requirements of the pro- the regulatory burden on those compa- equipment and machinery. Similarly, gram’’ and to ‘‘represent a broad cross nies that have demonstrated a good the percentage of production units in- section of fleet size and drivers of eligi- safety record—then something is amiss line has risen from 57 percent of capac- ble vehicles’’. with this program. ity in August 1993, to an impressive 96.9 Mr. President, I would inquire of the I would hope that the Department percent in April 1997. To top it all off, Majority Leader, what is the status of would take a second look at this pro- the Paducah facility boasts 100 percent the motor carrier regulatory relief and gram and give serious consideration to on-time delivery for the past 5 years safety demonstration project which we making some changes that will permit with a zero product defect rate. Now mandated in 1995? the program to work in the manner in that, Mr. President, is what quality Mr. LOTT. Mr. President, I thank the which Congress intended. It is clear American manufacturing is all about. Senator for raising this issue. The let- that Congress desired to establish a On July 25, the Clinton administra- ter and intent of the law concerning means to achieve some regulatory re- tion gave formal approval to move for- this program are not being carried out lief and, thus far, we have not seen ward with privatization for the U.S. at all. that result. Enrichment Corporation [USEC], the The National Highway System Des- Mr. LOTT. Mr. President, I fully Government entity that currently ignation Act passed in 1995, and section agree with the Senator. I do not believe owns PGDP. Hopefully, this process 334 mandated the motor carrier regu- the Department has followed the provi- will be completed early in 1998. As I latory relief and safety demonstration sions established under the National have maintained for the better part of project. It required the Department of Highway System Designation Act. I am 10 years, privatization will not only en- Transportation to implement this disappointed. able Paducah to utilize cutting edge project no later than August, 1996. The Senate Committee on Com- technologies to keep it competitive in However, the Department of Transpor- merce, Science and Transportation has the world uranium market, it will also tation did not even publish Final been working to advance legislation keep thousands of productive employ- Guidelines for the project until June 10 expanding the Department of Transpor- ees on the job well into the next cen- of this year—1 year later than required tation’s use of pilot programs and regu- tury. by law. latory exemptions. I will be working Mr. President, I ask unanimous con- Mr. DORGAN. I am, to be honest, with the committee to help reduce, as sent that the article entitled ‘‘Lock- somewhat taken aback by the Depart- much as is safely possible, some of the heed Martin Utility Services’’ be print- ment of Transportation’s obvious delay unnecessary regulations and paperwork ed in the RECORD following my re- in implementing a congressionally imposed on the motor carrier industry. marks. mandated program. And I understand Given the Department’s handling of There being no objection, the article that delay is not the only problem af- the motor safety demonstration was ordered to be printed in the flicting this program. project to date, I am very concerned RECORD, as follows: S11540 CONGRESSIONAL RECORD — SENATE October 31, 1997 [From Industry Week, Oct. 20, 1997] with backgrounds in commercial nuclear manufacturing costs by nearly 11% while es- LOCKHEED MARTIN UTILITY SERVICES power—people who understood the realities tablishing an enviable record of shipping (By John H. Sheridan) of a competitive business environment. ‘‘I product 100% on-time and 100% within speci- wanted to break that rope,’’ he explains. ‘‘I fication—without maintaining an inventory Perhaps it has something to do with the wanted their private-sector mentality to rub buffer. And the folks at USEC headquarters fact that the huge production facility he off on us.’’ in Washington have ample reason to be runs is located smack dab in the middle of a He also began preaching the merits of pleased with the bottom-line results. 4,000-acre wildlife refuge—complete with cycle-time reduction and elimination of non- ‘‘We’re an example of efficiency in the pub- pesky beavers and a herd of deer. Or maybe value-added activity. At the same time, lic sector—and we make a tidy profit for the he just enjoys telling animal stories. But if training, communications, and quality and U.S. Treasury,’’ says John R. Dew, who over- you ask Steve Polston about the manage- teamwork initiatives were intensified—with sees training programs at Paducah and car- ment philosophy that drove culture change— the support of OCAW union leaders. ries an unusual title—manager of mission and an impressive business turnaround—at A primary cost-reduction thrust has been success. ‘‘Our management team has taken a the Paducah Gaseous Diffusion Plant to emphasize the use of lower-cost, nonfirm 45-year-old bureaucratic government oper- (PGDP) in Paducah, Ky., be prepared for a power, since electricity represents 60% of the ation and turned it into a profitable business few lessons in zoology. facility’s total costs. To accomplish this, the that is at the top of President Clinton’s list For instance, there’s his yarn about the plant took a more aggressive approach in for privatization,’’ ‘‘tiger rabbit’’—a creature that has become using freezer/sublimer equipment developed For 1996 USEC was able to report net in- the stuff of western Kentucky legend. by the Paducah engineering staff, as well as come of $304.1 million on sales of $1.41 Polston, who is general manger at PGDP, a a sophisticated computer system, enabling billon—an enviable 21.6% profit margin. If nuclear-fuel enrichment facility owned by the plant to reduce power consumption dur- the U.S. Treasury Dept, the USEC’s sole the federal government and managed by ing high-price periods and then make up the shareholder, eventually does approve the Lockheed Martin Utility Services, likes to production slack by increasing power usage sale of the business to private interests—a show a picture of one of these critters. It’s during off-peak hours when rates are lower. move that could take place early next year— your basic rabbit, but it has black-and-or- A second key initiative—which called for it will mean a nice windfall for Uncle Sam. ange stripes. ‘‘It might look a little bit like broad involvement by the workforce and rig- By some estimates, the sale could prove to a tiger,’’ says Polston, ‘‘but you can’t expect orous adherence to procedures—was to im- be the biggest U.S. privatization move ever, it to act like a tiger.’’ prove the reliability of process equipment. A exceeding the $1.6 billion sale of Conrail in In a sense, that was his perception of the strong preventive-maintenance program was 1987. PGDP complex about five years ago, when beefed up, and workers were encouraged to Securing final approval of the sale could the initial steps were taken to begin trans- participate widely in a problem-reporting prove a bit sticky, however, since the new forming the 1,550-employee facility from a fi- system that has cultivated a continuous-im- owners would obtain access to what is still nancially struggling unit of the U.S. Dept. of provement mentality. When an employee considered highly classified technology—in- Energy (DOE) into a businesslike operation. points out a problem or potential problem, it cluding AVLIS, a next-generation enrich- An important step was passage of the Energy goes into a corrective-action system that ment process being developed by USEC, in Policy Act of 1992, which spun the Kentucky plant officials describe as a ‘‘bear trap’’ that conjunction with Bechtel Corp. facility out of DOE—along with a sister forces follow-up activity. In some cases, Perhaps a little history will put the na- plant in Portsmouth, Ohio—and into a newly joint union-management teams are formed tional security issues into perspective. The created government entity, the U.S. Enrich- to investigate and implement solutions. In Paducah facility was built in 1952 by the old ment Corp. (USEC). Legislation adopted in 1996 the problem-reporting/suggestion sys- Atomic Energy Commission, under orders 1996 set in motion a plan to eventually pri- tem identified 6,000 plant issues—generating from President Harry Truman, to produce vatize the business. about 10 times as many improvement ideas enriched uranium for thermonuclear war- ‘‘In the beginning,’’ says Polston, ‘‘we as in years past. heads—as a hedge against possible war in knew we weren’t a real business—even When an employee fills out a problem-re- Southeast Asia. The site met all of the offi- though they called us a business.’’ port form, he or she is required to include cial site-selection criteria established during For one thing, the culture of the plant was suggestions on how to solve the problem. the early years of the Cold War and at the mired in a can’t-do mentality, the legacy of ‘‘Some of the suggestions have been very cre- height of Sen. Joseph McCarthy’s anti-Com- years of bureaucratic oversight. For another, ative and insightful,’’ Polston notes. ‘‘We munism crusade. For one thing, Paducah was costs were out of control. ‘‘We had been los- identify low-threshold problems before they more than 100 miles from any city with ing market share because our costs were become bigger problems.’’ Coupled with the ‘‘known Communist activity.’’ going up rapidly,’’ Polston recalls. In the problem-reporting system has been an exten- In addition to the official criteria, the site early 1990s DOE analysts had projected that sive effort to train employees in root-cause- selection no doubt also was influenced by the USEC’s world market share would drop from analysis methods. fact that Paducah was the home town of 46% to less than 20% by the year 2000. And At the core of PGDP’s extensive employee- Alben W. Barkley, then U.S. vice president. there was speculation that the two plants communications program has been an effort By 1964 the U.S. had developed an ample might close for good early in the 21st cen- to translate business goals established by supply of weapons-grade nuclear material, tury—a rather ominous projection, since the USEC into terminology and objectives that and the Paducah facility was converted to USEC plants together supply 80% of the fuel the entire workforce can identify with. After production of fuel for nuclear power plants. to run nuclear powerplants in this country. a winnowing process, emphasis was placed on In simple terms, the enrichment process in- If they shut down, the U.S. would no longer three key goals: volves heating cylinders containing solid be self-sufficient in nuclear-fuel-processing Ensure an accident-free environment. UF6 until it gasifies, then forcing the gas capability. Strive to get 100% of the plant’s produc- through a miles-long enrichment ‘‘cas- In trying to turn things around, the first tion cells on stream. cade’’—a series of converters separated by challenge was to get costs under control. But Reduce the cost of SWUs—that is, ‘‘sepa- jet-engine-like compressors. In each con- it was clear that would require cultivating rated work units,’’ a measure of the effort verter, uranium molecules pass through a new attitudes—in the management ranks as required to boost the U235 level in the ura- porous material, which gradually separates well as among the unionized workforce, nium hexafloride (UF6) processed by hun- the lighter U235 molecules from the heavier which is represented by the Oil, Chemical & dreds of ‘‘converters’’ in the four-building U238 molecules—creating an ‘‘enriched’’ Atomic Workers (OCAW) Local 3550 and the production complex. stream with a higher concentration of U235. United Plant Guard Workers of America. To keep employees abreast of progress to- The enriched stream is eventually with- Explaining PGDP’s approach to cost-con- ward the goals, the latest performance drawn and cooled to a solid state in 14-ton trol issues, Polston sets the stage with—you metrics are posted on a large sign at the en- cylinders. guessed it—another animal story. When an trance to the property, so that when they Electrical power to drive the 1,860 motors elephant is young, he points out, it is trained drive in each morning workers know exactly in the system comes from two primary utili- to stay in place by a short tether attached to how they’re doing. In addition, color-coded ties—including a nearby Tennessee Valley its leg and tied to a stake. After years of charts posted in strategic locations provide Authority plant—along with electricity pur- conditioning it associates the tether with an at-a-glance updates on progress toward the chased in the open market and ‘‘wheeled’’ to inability to move about freely. ‘‘When an current Top 10 plant objectives—which are the Paducah site. The power is distributed elephant grows up,’’ Polston explains, ‘‘you established annually under the PGDP Qual- through four large power switchyards, one can hold it in place with a piece of old ity of Operations plan. for each of the four processing plants. ‘‘Just clothesline. After I came here six years ago, So how they have been doing? one of these switchyards could handle the I began to envision us as a big elephant re- Well, the predicted falloff in market share power needs of a city the size of Washington, strained by a small rope. Our workers never occurred. In fact, since 1992 USEC— D.C.,’’ explains Terry Sorrel, customer-rela- thought it was impossible to get our costs which generates more than one-third of its tions representative. down.’’ annual revenues from sales to overseas cus- The heart of the production complex is a One way to begin changing that mentality tomers—has increased its domestic market large circular control room that monitors was an infusion of new management blood. share and boosted its export sales. In the last the operation of all the equipment on site. Polston began recruiting senior managers five years the Paducah plant has reduced its One section of the control room, called the October 31, 1997 CONGRESSIONAL RECORD — SENATE S11541 ‘‘Power Pit,’’ manages the purchase and dis- there are no signs that the upward spi- was first brought to my attention by tribution of all electrical power used ral will abate. Before the Persian Gulf the Register of Copyrights, Marybeth throughout the facility. ‘‘Our goal,’’ says war, the United States obtained ap- Peters, and I want to thank her for her Ron Taylor, power-operations manager, ‘‘is outstanding work. to have a reliable power supply at the lowest proximately 45 percent of its oil supply possible cost.’’ from foreign countries. During the Among the most important amend- Thanks to the sophisticated freezer/ Arab oil embargo in the 1970’s, foreign ments made by H.R. 672 is a clarifica- sublimer equipment, the power load can be oil accounted for only 35 percent of tion of the Copyright Office’s authority quickly adjusted by freezing or subliming up America’s oil supply. to increase its fees for the first time to 200 tons of uranium gas. To reduce power Anybody else interested in restoring since 1990 in order to help cover its requirements, UF6 gas is withdrawn from the domestic production of oil? By U.S. costs and to reduce the impact of its system and frozen. services on the Federal budget and the Much of PGDP’s progress during the last producers using American workers? five years can be attributed to a cooperative Politicians had better ponder the American taxpayer. This clarification union-management relationship, which has economic calamity sure to occur in is needed because of ambiguities in the led to the creation of joint union-manage- America if and when foreign producers Copyright Fees and Technical Amend- ment teams at various levels. For example, shut off our supply—or double the al- ments Act of 1989, which authorized the an empowered union-management team de- ready enormous cost of imported oil Copyright Office to increase fees in veloped a system to provide better heat pro- flowing into the United States—now 1995, and every fifth year thereafter. tection to people working in high-tempera- Because the Copyright Office did not ture areas. Teams also have improved qual- 7,482,000 barrels a day. ity and maintenance efficiency (the site has f raise its fees in 1995, as anticipated, there has been some uncertainty as to 300 maintenance workers). And one team de- THE VERY BAD DEBT BOXSCORE veloped a six-year plan for facility upgrades. whether the Copyright Office may in- Now, an effort is underway to expand the Mr. HELMS. Mr. President, at the crease its fees again before 2000 and team concept by creating high-performance close of business yesterday, Thursday, whether the baseline for calculating work teams that will be responsible for day- October 30, 1997, the Federal debt stood the increase in the consumer price to-day operations. Added impetus for this at $5,430,869,894,529.83 (Five trillion, index is the date of the last actual fees initiative came from a visit by union and management representatives to another four hundred thirty billion, eight hun- settlement—1990—or the date of the Lockheed Martin plant—a former ‘‘Best dred sixty-nine million, eight hundred last authorized fees settlement—1995. Plants’’ winner—in Moorestown, N.J. ninety-four thousand, five hundred H.R. 672 clarifies that the Copyright ‘‘Teamwork is a win/win situation, but we twenty-nine dollars and eighty-three Office may increase its fees in any cal- realized that we were functioning on a cents). endar year, provided it has not done so project basis,’’ says Steve Penrod, operations One year ago, October 30, 1996, the within the last 5 years, and that the manager. ‘‘At Moorestown, we saw a culture Federal debt stood at $5,237,762,000,000 fees may be increased up to the amount of teamwork in day-to-day activities.’’ Union officials support the high-perform- (Five trillion, two hundred thirty- required to cover the reasonable costs ance team concept, says Mike Jennings, an seven billion, seven hundred sixty-two incurred by the Copyright Office. OCAW representative for continuous-im- million). Although H.R. 672 does not require provement programs. ‘‘It is a slow process, Five years ago, October 30, 1992, the the Copyright Office to increase its since it is a big change in culture,’’ he says. Federal debt stood at $4,067,329,000,000 fees to cover all its costs, I believe it is ‘‘We aren’t going to force teams on anyone.’’ (Four trillion, sixty-seven billion, important in that it provides the Copy- Paducah has taken a team approach to op- three hundred twenty-nine million). right Office the statutory tools to be- erations performance improvement, placing Ten years ago, October 30, 1987, the come self-sustaining—a concept that I heavy emphasis on a ‘‘conduct of operations’’ code that demands ‘‘rigorous attention to de- Federal debt stood at $2,384,800,000,000 promoted in the last Congress. Cur- tail,’’ says Penrod. As part of the effort, a (Two trillion, three hundred eighty- rently the Copyright Office does not re- team including hourly workers developed a four billion, eight hundred million). cover the full costs of its services ‘‘Code of Professionalism’’ that specified how Twenty-five years ago, October 30, through fees, but instead receives some employees should conduct themselves on the 1972, the Federal debt stood at $10 million in annual appropriations. job. $439,230,000,000 (Four hundred thirty- Several studies have supported full- Undergirding all of the performance-im- nine billion, two hundred thirty mil- cost recovery for the Copyright Office. provement efforts at Paducah has been an For example, a 1996 Booz-Allen & Ham- extensive communications effort—which in- lion) which reflects a debt increase of cludes ‘‘All-Hands Meetings’’ twice a year for nearly $5 trillion—$4,991,639,894,529.83 ilton management review of the Li- 1,200 or more employees. ‘‘At these meetings, (Four trillion, nine hundred ninety-one brary of Congress recommended that we reinforce our expectations, we discuss our billion, six hundred thirty-nine mil- the Copyright Office pursue full-cost performance measures, and we give people lion, eight hundred ninety-four thou- recovery, noting that the Copyright Of- the opportunity to comment and raise any sand, five hundred twenty-nine dollars fice has been subject to full-cost recov- issues they may have,’’ explains Howard Pul- and eighty-three cents) during the past ery in the past and that the potential ley, enrichment plant manager. ‘‘Among 25 years. revenues to be derived from pursuing a other things, they may tell us which of our fee-based service was significant. A 1996 systems are causing them to not be effi- f internal Copyright Office management cient.’’ TECHNICAL CORRECTIONS TO THE Then there are ‘‘C2’’ meetings—in which report prepared by the Library of Con- SATELLITE HOME VIEWER ACT small groups of employees focus on com- gress also recommended full-cost re- pliments and concerns. Every other month, OF 1994 covery for copyright services. The Con- 15 people are selected at random to partici- Mr. HATCH. Mr. President, I rise gressional Budget Office has also sug- pate. After discussion, the groups vote on today to laud the Senate passage of gested full-cost recovery for the Copy- their top three compliments—citing things H.R. 672. This legislation, which was right Office as a means of achieving that are being done well—as well as their top introduced by Congressman COBLE in three concerns. ‘‘We follow up on their issues deficit reduction. These recommenda- and then provide feedback,’’ Pulley says. the House of Representatives, is the tions were endorsed by the General Ac- f counterpart to legislation I introduced counting Office in its recent report, in the Senate on March 20 of this ‘‘Intellectual Property, Fees Are Not U.S. FOREIGN OIL CONSUMPTION year—the Copyright Clarification Act Always Commensurate with the Costs FOR WEEK ENDING OCTOBER 24 of 1997, S. 506. The Copyright Clarifica- of Services.’’ Mr. HELMS. Mr. President, the tion Act was reported unanimously by It is my understanding that the American Petroleum Institute reports the Senate Judiciary Committee on Copyright Office has embraced the goal that for the week ending October 24, April 17. of achieving full-cost recovery for its the United States imported 7,482,000 The purpose of these bills is to make copyright services. H.R. 672 will pro- barrels of oil each day, 1,104,000 barrels technical but needed changes to our vide the authority to achieve that goal, more than the 8,586,000 imported each Nation’s copyright laws in order to en- and by passing this legislation this day during the same week a year ago. sure the effective administration of our year, the Copyright Office will be able Americans relied on foreign oil for 54 copyright system and the U.S. Copy- to move expeditiously to adjust their percent of their needs last week, and right Office. The need for these changes fees for the coming year. S11542 CONGRESSIONAL RECORD — SENATE October 31, 1997 I also want to note the importance of were mistakingly omitted when the old agreed-upon reductions. In fact, this the amendment which the Senate has jukebox compulsory license was re- bill forces reductions in the only part adopted to H.R. 672 to overturn the placed with the current negotiated of the U.S. Army to actually meet its ninth circuit’s decision in La Cienega jukebox license; endstrength requirements. I am not Music Co. v. ZZ Top, 53 F.3d 950 (9th Cir. Fifth, revise the currently unwork- sure that all my colleagues realize that 1995), cert denied, 116 S. Ct. 331 (1995). able requirement of a 20-day advanced because the Army National Guard is My colleagues will recall that Senator notice of intent to copy right the fixa- actually over its required endstrength LEAHY and I introduced this legislation tion of live performances, such as by about 2,000 people, the legislation in March of this year as a provision of sporting events; will force the layoff of more than 5,000 S. 505, the Copyright Term Extension Sixth, clarify administrative issues young men and women who are cur- Act of 1997. regarding the operation of the Copy- rently serving their country. Whereas In general, LaCienega held that dis- right Arbitration Royalty Panels; if similar cuts were to come in the ac- tributing a sound recording to the pub- Seventh, provide needed flexibility tive component, the cuts would be im- lic—by sale, for example—is a ‘‘publi- for the Librarian of Congress in setting plemented in large part by eliminating cation’’ of the music recorded on it the negotiation period for the distribu- unfilled positions. This does not seem under the 1909 Copyright Act. Under tion of digital audio recording tech- to me to be the way to maintain a dedi- the 1909 Act, publication without copy- nology [DART] royalties; and, cated cadre of military professionals. right notice caused loss of copyright Eighth, make miscellaneous spelling, Finally, I speak out today because I protection. Almost all music that was grammatical, capitalization and other am concerned that this legislation may first published on recording did not corrections to the Copyright Act. be taken as a sign by some as a change contain copyright notice, because pub- Mr. President, this is important leg- in Congress’ attitude toward the Na- lishers believed that it was not tech- islation, and I am pleased the Senate tional Guard. I very strongly believe nically a publication. The Copyright has acted to approved it prior to ad- that the future of the U.S. Armed Office also considered these musical journing this fall. I wish to thank my Forces must include a greater role for compositions to be unpublished. The ef- colleagues and to encourage the House the Guard and Reserves, not a dimin- fect of La Cienega, however, is that vir- to accept the Senate amendment and ished one. As defense resources shrink, tually all music before 1978 that was to forward H.R. 672 to the President for as the nature of our employment struc- first distributed to the public on re- his signature without delay. tures change, and as we develop better cording has no copyright protection— f tools for keeping our weekend warriors at least in the ninth circuit. DEPARTMENT OF DEFENSE AU- up to speed as top quality practioners By contrast, the second circuit in Ro- THORIZATION BILL CONFERENCE of their military arts, we must put sette v. Rainbo Record Manufacturing REPORT more of our faith in that part of the Corp. 546 F.2d 461 (2d Cir. 1975), aff’d per U.S. military that is closest to the peo- curiam, 546 F.2d 461 (2d Cir. 1976) has Mr. JEFFORDS. Mr. President, for ple—the National Guard. held the opposite—that public distribu- the past few days, the Senate has been For too long, Congress has been seen tion of recordings was not a publica- considering the conference report to as the primary bastion of support for tion of the music contained on them. accompany the Department of Defense the Guard and Reserves—not the Pen- As I have noted, Rosette comports with authorization bill for fiscal year 1998. tagon. An example of this is the admin- the nearly universal understanding of While there are several areas of con- istration’s request for no new procure- the music and sound recording indus- troversy, I would like to highlight one ment funds for fiscal year 1998 for the tries and of the Copyright Office. area that I believe has not been given Army Guard and Air Guard, out of a Since the Supreme Court has denied sufficient consideration: funding for total procurement budget request of cert in La Cienega, whether one has the National Guard. $42,883,000,000. This is not only unreal- copyright in thousands of musical com- This bill contains a couple of disturb- istic—it is dangerous. And until the ad- positions depends on whether the case ing provisions, not so much for their ministration sends up a more balanced is brought in the second or ninth cir- immediate impact, but for their long- request, Congress will have to continue cuits. This situation is intolerable. term consequences. First, the proposal its vigilance on behalf of the Guard. Overturning the La Cienega decision to add a representative for the Guard But this is not the way it should be, will restore national uniformity on and Reserves on the Joint Chiefs of Mr. President, and I am disappointed this important issue by confirming the Staff, which I strongly support, has that the bill before us today did not wisdom of the custom and usage of the been watered down to call for two two- take advantage of the opportunity to affected industries and of the Copy- star advisors to the Chairman of the change this situation. right Office for nearly 100 years. JCS. Mr. President, this is essentially It is my impression that a great de- In addition to these two important the same role that the head of the Na- bate continues to rage on the future provisions, H.R. 672 will: tional Guard Bureau has today. I do structure of our military forces. I trust First, correct drafting errors in the not see this as an enhancement of the that this bill will not be taken as Con- Satellite Home Viewer Act of 1994, Guard’s status in the highest circles of gress’ comments on that discussion, which resulted from the failure to take decisionmaking. And I’m told that in and that renewed energy will go into into account the recent changes made the Pentagon, two two-stars don’t finding a better solution to these di- by the Copyright Tribunal Reform Act equal a four. I am afraid that the cur- lemmas in the coming years. of 1993, and which mistakingly reversed rent pattern of decisionmaking is re- the rates set by a 1992 Copyright Arbi- sponsible for the shortfall in resources f tration Royalty Panel for Satellite car- for the National Guard that we see in MESSAGES FROM THE PRESIDENT riers; the legislation before us, and if it is Second, clarify ambiguities in the not altered in a significant manner, the Messages from the President of the Copyright Restoration Act dealing National Guard is likely to have great- United States were communicated to with the restoration of copyright pro- er problems in the future. the Senate by Mr. Williams, one of his tection for certain works under the The other provision that I would like secretaries. 1994 Uruguay Round Agreements Act; to draw my colleagues attention to is EXECUTIVE MESSAGES REFERRED Third, ensure that rates established the cut in Army National Guard per- As in executive session the Presiding in 1996 under the Digital Performance sonnel endstrength of 5,000. Mr. Presi- Officer laid before the Senate messages Rights in Sound Recordings Act will dent, we all understand that over the from the President of the United not lapse in the event that the Copy- next few years, endstrengths will come States submitting sundry nominations right Arbitration Royalty Panel does down for all the services. But what this which were referred to the appropriate not conclude rate-setting proceedings bill does is to pick out one component committees. prior to Dec. 31, 2000. of the military and require it to make (The nominations received today are Fourth, restore definition of ‘‘juke- a significant cut without calling on printed at the end of the Senate pro- box’’ and ‘‘jukebox operator,’’ which other components to begin their ceedings.) October 31, 1997 CONGRESSIONAL RECORD — SENATE S11543 MESSAGES FROM THE HOUSE were referred or ordered to lie on the California and its individual citizens could table as indicated: be massive and without precedent; and At 11:58 a.m., a message from the Whereas, Older American in this country POM–291. A resolution adopted by the Sen- House of Representatives, delivered by have labored their entire life to prosper and ate of the Legislature of the State Michigan; Mr. Hays, one of its reading clerks, an- succeed to make America great; and nounced that the House has passed the to the Committee on Appropriations. Whereas, Congress should take every step following bills, in which it requests the SENATE RESOLUTION NO. 69 to exempt social security from the balanced concurrence of the Senate: Whereas, In 1986, Congress created the budget amendments; and Whereas, Congress needs to adopt a hands- H.R. 1479. An act to designate the Federal Leaking Underground Storage Tank Trust off approach to social security and the Medi- building and United States courthouse lo- Fund through legislation amending the Re- care system and stop any further action to cated at 300 Northeast First Avenue in source Recovery and Conservation Act. The hurt older Americans; and Miami, Florida, as the ‘‘David W. Dyer Fed- fund was financed through a 0.1 cent tax on Whereas, All efforts should be continued to eral Building and United States Court- each gallon of motor fuel sold. The tax levy, keep social security from the balanced budg- house.’’ which was reauthorized in 1990, expired on H.R. 1484. An act to redesignate the United December 31, 1995. The fund has approxi- et amendment since Congress took it ‘‘off States courthouse located at 100 Franklin mately $1.5 billion in it; and budget’’ in 1990; and Whereas, The Legislature of the State of Street in Dublin, Georgia, as the ‘‘J. Roy Whereas, The purpose of the money gen- Rowland United States Courthouse.’’ erated by the Leaking Underground Storage California needs sufficient information and H.R. 2493. An act to establish a mechanism Tank Trust Fund is two-fold. It seeks to en- data upon which to base its appraisal of the by which the Secretary of Agriculture and force corrective actions where the owner of a impact of the balanced budget amendment; the Secretary of the Interior can provide for leaking tank is known and cleanup activities Now, therefore, be it uniform management of livestock grazing on where the owner is not known or is unable or Resolved by the Assembly and Senate of the Federal lands. unwilling to pay. The fund’s proceeds are dis- State of California jointly, That the Legisla- ture respectfully memorializes the President f tributed to the states on a formula based on criteria determined by federal officials. Fac- and Congress of the United States to con- MEASURES REFERRED tors include levels of contamination, the tinue efforts to indefinitely ensure that so- cial security is not threatened in any way, to The following bills were read the first number of leaking tanks, the number of cleanup efforts, and danger to drinking sup- protect older Americans who are receiving and second times by unanimous con- social security and Medicare from undue sent and referred as indicated: plies; and Whereas, Over the years, not enough harm and stress from the continuing dia- H.R. 1479. An act to designate the Federal money from the trust fund has gone to fight- logue to stop any effort to hurt the income building and United States courthouse lo- ing the effects of leaking underground stor- security of older Americans, to ensure that cated at 300 Northeast First Avenue in age tanks. Almost all of the fund’s proceeds everything necessary is being done to make Miami, Florida, as the ‘‘David W. Dyer Fed- go toward administration and enforcing the sure that older Americans continue to re- eral Building and United States Court- program. It is estimated that only 1 percent ceive all that they are entitled to and de- house’’; to the Committee on Environment of fund money spent each year goes to clean serve, and to ensure the solvency of social and Public Works. up orphan tanks; and security and Medicare for future generations H.R. 1484. An act to redesignate the United Whereas, In an effort to increase cleanup of taxpayers and senior citizens entitled to States courthouse located at 100 Franklin initiatives and to deal with a problem that the benefits provided by those programs; and Street in Dublin, Georgia, as the ‘‘J. Roy gets worse with the passage of time, Con- be it further Rowland United States Courthouse’’; to the Resolved, That the Chief Clerk of the As- Committee on Environment and Public gress is considering legislation to revamp the manner in which the money in the Leak- sembly transmit copies of this resolution to Works. the President and Vice President of the Unit- H.R. 2493. An act to establish a mechanism ing Underground Storage Tank Trust Fund is distributed. The legislative proposals offer a ed States, to the Speaker of the House of by which the Secretary of Agriculture and Representatives, and to each Senator and the Secretary of the Interior can provide for more pragmatic approach by providing for the Environmental Protection Agency to dis- Representative from California in the Con- uniform management of livestock grazing on gress of the United States. Federal lands; to the Committee on Energy tribute the money to the states with more authority for the states. The states are in far and Natural Resources. POM–293. A joint resolution adopted by the better positions to determine how best to f Legislature of the State of California; to the meet the aims of cleanup and enforcement. Committee on Foreign Relations. ENROLLED BILL PRESENTED With a formula for distributing the funds based on what the states contributed to the JOINT RESOLUTION NO. 18 The Secretary of the Senate reported fund, a far greater positive impact can be Whereas, The United Nations Commission that on October 31, 1997 he had pre- made in cleaning up our environment; Now, on the Status of Women formulated a docu- sented to the President of the United therefore, be it ment entitled the Convention on the Elimi- States, the following enrolled bill: Resolved by the Senate, That we memorial- nation of All Forms of Discrimination S. 1227. An act to amend title I of the Em- ize the Congress of the United States to pro- Against Women (CEDAW); and ployee Retirement Income Security Act of vide for the distribution of the Leaking Un- Whereas, The United Nations General As- 1974 to clarify treatment of investment man- derground Storage Tank Trust Fund’s pro- sembly adopted the Convention, and opened agers under such title. ceeds to the states for cleanup projects de- it for signature in December 1979; and Whereas, The Convention, sometimes f termined by the states; and be it further Resolved, That copies of this resolution be called an international Bill of Rights for EXECUTIVE AND OTHER transmitted to the President of the United women, obligates those countries that have COMMUNICATIONS States Senate, the Speaker of the United ratified or acceded to it to take all appro- priate measures to ensure the full develop- The following communications were States House of Representatives, and the members of the Michigan congressional dele- ment and advancement of women in all laid before the Senate, together with gation. spheres, including political, educational, em- accompanying papers, reports, and doc- ployment, health care, economic, social, uments, which were referred as indi- POM–292. A joint resolution adopted by the legal, marriage and family relations, as well cated: Legislature of the State of California; to the as to modify the social and cultural patterns EC 3275. A communication from the Acting Committee on the Judiciary. of conduct of men and women to eliminate prejudice, customs, and all other practices Assistant Secretary of Defense (Health Af- ASSEMBLY JOINT RESOLUTION NO. 13 based on the idea of the inferiority or superi- fairs), transmitting, pursuant to law, a re- Whereas, The Congress of the United port relative to TRICARE; to the Committee ority of either sex; and States of America is considering the ratifica- Whereas, Fifty-two countries, including on Armed Services. tion of the balanced budget amendment to EC 3276. A communication from the Direc- the United States, signed the Convention the Constitution of the United States of during the 1980 Mid-Decade Conference for tor of the Washington headquarters Services, America; and Department of Defense, transmitting, pursu- Women in Copenhagen, Denmark; and Whereas, Amendment the Constitution of Whereas, To date, 160 countries, represent- ant to law, a rule entitled ‘‘Champus the United States should not be entered into ing over half the countries of the world, have TRICARE Support Office’’ (RIN0720–AA42) without the full knowledge of the California now ratified or acceded to the Convention; received on October 21, 1997; to the Commit- Legislature as to the economic and human and tee on Armed Services. consequences of the amendment on the State Whereas, The United States has not yet f of California; and ratified or acceded to the Convention; Now, PETITIONS AND MEMORIALS Whereas, The potential impact of the bal- therefore, be it anced budget amendment without protec- Resolved by the Assembly and Senate of the The following petitions and memori- tions for seniors, medicare recipients, and State of California, jointly, That the Legisla- als were laid before the Senate and social security recipients, upon the State of ture of the State of California commends the S11544 CONGRESSIONAL RECORD — SENATE October 31, 1997 local, national, and international efforts of as an important participant in international Court annuls a census with the sample do the National Committee on the United Na- commerce and trade, and as a former ally, not convince us either. tions to promote the universal adoption of and in support of its efforts to attain its full Department of Justice Opinions under the the United Nations Convention on the Elimi- participation in the international commu- administrations of Clinton, Carter and Bush nation of All Forms of Discrimination nity bodies. conclude that the Constitution does not ex- Against Women, and urges the United States Section 2.—To have this Resolution trans- clude the use of the sample. We firmly be- Senate to ratify CEDAW; and be it further lated into the English language, and remit lieve that the constitutional right of equal Resolved, That the Assembly and the Sen- copies thereof to the President and to the protection under laws of the United States of ate of the State of California shall work to Congress of the United States, and to the the persons omitted in the past by the Cen- ensure the elimination of discrimination Representatives of the Republic of China in sus were violated, and that those mainly af- against women and girls in the State of Cali- Taiwan. fected are members of minority groups that fornia, as they pursue the enjoyment of all are not counted for reasons such as higher civil, political, economic, and cultural POM–295. A resolution adopted by the rates of multiple families living together, rights, as expressed in the CEDAW treaty; House of the Legislature of the Common- changes of residence and cases of homeless and be it further wealth of Puerto Rico; to the Committee on people, which mostly affect minority groups Resolved, That the Chief Clerk of the As- Energy and Natural Resources. than the rest of the population. sembly transmit copies of this resolution to RESOLUTION In the spirit that justice be done from the the President and Vice President of the Unit- STATEMENT OF MOTIVES economic point of view, as well as from the ed States, to the Speaker of the House of Information published in the United States political point of view through equal treat- Representatives, and to each Senator and indicates that in recent months a con- ment to all the residents of the United Representative from California in the Con- troversy has arisen regarding the manner in States, we urge the President and the Con- gress of the United States. which the Federal Census for the year 2000 gress of the United States to support a Fed- shall be conducted. The controversy is basi- eral Census using the methodology proposed POM–294. A resolution adopted by the cally about proposed methodology. by the Bureau of the Census so that the five House of the Legislature of the Common- The Bureau of the Census plans to use the (5) million persons who would be omitted wealth of Puerto Rico; to the Committee on statistical sampling technique, alleging that from the statistics of the Census if the sta- Foreign Relations. it is necessary in order to correct the situa- tistical sampling is not used, can be counted, RESOLUTION tion of the previous census which failed to be it Whereas, The Commonwealth of Puerto count some one point six (1.6) percent of the Resolved by the House of Representatives of Rico and the province of Taiwan of the Re- population of the United States or around Puerto Rico: public of China enjoy a close and long stand- four million (4,000,000) persons, according to Section 1.—To urge President William Jef- ing relationship; its own estimates. It is estimated that if the ferson Clinton and the Congress of the Unit- Whereas, Dr. Sun Yat-Sen, founder the Re- sample is not used, one point nine (1.9) per- ed States to support the methodology pro- public of China, has been recognized as a na- cent of the population shall not be counted posed by the United States Bureau of the tional patriot by all the governments of and that six hundred seventy-five (675) to Census to conduct the Federal Census of the modern China and in harmony with his prin- eight hundred (800) million dollars would be year 2000. ciples, the government of the Republic of necessary in addition to the four billion it Section 2.—A copy of this Resolution shall China in Taiwan has consistently shown its expects to spend. be remitted to the President of the United commitment towards world peace and stabil- From the above, it can be inferred that a States, as well as to the Speaker of the ity, economic and social-regional develop- census with statistical sampling is more reli- House and President of the Senate of the ment, international mutual assistance, de- able and less costly than that which does not United States of America, to the Floor lead- mocratization processes and political and use the sample. It is also important to indi- ers of the various parliamentary delegations, economic freedom; cate that experience has shown that the en- and to the Black Caucus and Hispanic Cau- Whereas, the economy of the Republic of demic problem of the population that is un- cus of the Congress, the Governor of Puerto China in Taiwan makes it, at present, the counted mainly affects the minorities, and Rico and the Resident Commissioner of fourteenth largest commercial country, the among them, Hispanics. Puerto Rico in the United States, in English twentieth in gross national product and the We wish to join our efforts to those of Mar- and in Spanish. twenty-fifth in gross per capita income; tha Farnsworth Richie, Director of the Bu- Whereas, the population of the Republic of reau of the Census, Barbara E. Bryant, f China in Taiwan is greater than the popu- former Director of the Bureau of the Census lation of two-thirds of the present members under former President Bush, the two panels of the United Nations Organizations; of the National Research Council, one of REPORTS OF COMMITTEES Whereas, the people of the Republic of which is directed by Charles L. Schulze, who The following reports of committees China in Taiwan deserve appropriate rec- worked for Brookings Institution, to the were submitted: ognition and credit for their dynamic role in American Statistics Association, the United the international community; States Conference of Mayors, organizations By Mr. MURKOWSKI, from the Committee Whereas, the creation of an ad hoc com- of legal counsel for minority groups such as on Energy and Natural Resources, without mittee for the study of the exceptional situa- the Civil Rights Leadership Council, the ma- amendment: tion of the people of the Republic of China in jority of the members of Congress affiliated H.R. 960. A bill to validate certain convey- Taiwan in the international community, has to the Democratic Party, Republican Con- ances in the City of Tulare, Tulare County, been proposed before the United Nations Or- gressmen such as Senator John McCain from California, and for other purposes (Rept. No. ganization in order to advance fair and via- Arizona and Congressman Christopher Shays 105–127). ble solutions which will allow its participa- from Connecticut, as well as state govern- By Mr. CHAFEE, from the Committee on tion in the international bodies under the ments such as New York and Los Angeles, all Environment and Public Works, with an aegis of the United Nations Organization; these who favor the use of statistical sam- amendment in the nature of a substitute and Whereas, there is a precedent for the full pling in the Census. an amendment to the title: participation of the Republic of China in It seems to us that the arguments set forth S. 1180. A bill to reauthorize the Endan- Taiwan in the United Nations Organization by those who oppose the use of samples based gered Species Act (Rept. No. 105–128). and its affiliated bodies, such as the partici- on considerations of public order, lack valid- By Mr. D’AMATO, from the Committee on pation formerly granted to nations divided ity. The Chairman of the National Repub- Banking, Housing, and Urban Affairs, with between two governments such as Korea, and lican Party, Jim Nicholson, has been quoted an amendment in the nature of a substitute as were Germany and Yemen for many years as saying that based on an undisclosed inter- and an amendment to the title: before their unification; nal report, that Republicans could lose up to S. 318. A bill to amend the Truth in Lend- Whereas, since the People of Puerto Rico twenty-five (25) seats in the House of Rep- ing Act to require automatic cancellation lack the power to directly influence the resentatives if statistic sampling is used in and notice of cancellation rights with re- President and the United States Congress- the Census for the year 2000. This has been spect to private mortgage insurance which is men who direct the foreign and diplomatic denied by other sectors. A study conducted required by a creditor as a condition for en- policy which applies to Puerto Rico by vote, by the Congressional Investigation Service tering into a residential mortgage trans- it is essential for this High Body to state its based on the projections of the Census of action, and for other purposes (Rept. No. 105– feelings on this matter to them. Now there- 1996, reflects that eleven (11) seats would 129). fore: be it change hands and that states such as Texas, By Mr. D’AMATO, from the Committee on Resolved by the House of Representatives of Arizona and Georgia would gain two (2) Banking, Housing, and Urban Affairs, with Puerto Rico: seats, while New York and Pennsylvania an amendment: Section 1.—To hereby request the Presi- would lose two (2) seats. S. 1228. A bill to provide for a 10-year cir- dent and the Congress of the United States The argument that a Census with sampling culating commemorative coin program to to give their utmost attention and action would be unconstitutional and that addi- commemorate each of the 50 States, and for support to the Republic of China in Taiwan tional costs would be avoided if the Supreme other purposes (Rept. No. 105–130). October 31, 1997 CONGRESSIONAL RECORD — SENATE S11545 EXECUTIVE REPORTS OF to the human rights situation in the Repub- curate record of testimony which can COMMITTEES lic of Turkey in light of that country’s desire conveniently be used by both trial and to host the next summit meeting of the The following executive reports of appellate courts. In addition, the cer- heads of state or government of the Organi- tification of accuracy by an independ- committees were submitted: zation for Security and Cooperation in Eu- ent and unbiased third party is a sig- By Mr. LUGAR, from the Committee on rope (OSCE); to the Committee on Foreign Agriculture, Nutrition, and Forestry: Relations. nificant component of trustworthy depositions. Studies undertaken by the Sally Thompson, of Kansas, to be Chief Fi- f nancial Officer, Department of Agriculture. Justice Research Institute confirm the Joseph B. Dial, of Texas, to be a Commis- STATEMENTS ON INTRODUCED fact that a stenographic court reporter sioner of the Commodity Futures Trading BILLS AND JOINT RESOLUTIONS is the qualitative standard for accu- Commission for the term expiring June 19, By Mr. GRASSLEY (for himself racy and clarity in depositions, and a 2001. (Reappointment) court reporter using a computer—aided and Mr. DURBIN): (The above nominations were re- transportation is the least costly ported with the recommendation that S. 1352. A bill to amend rule 30 of the Federal Rules of Civil Procedure to re- method of making a deposition record. they be confirmed, subject to the nomi- Even now, 5 years after the rule store the stenographic preference for nees’ commitment to respond to re- change, court reporters associations dispositions; to the Committee on the quests to appear and testify before any contend that mechanical recording fre- Judiciary. duly constituted committee of the Sen- quently produces unintelligible pas- ate.) THE FEDERAL RULES OF CIVIL PROCEDURE RULE sages and is laden with other dangers f 30 AMENDMENT ACT OF 1997 such as the inability to identify speak- Mr. GRASSLEY. Mr. President, I rise ers. Rather than becoming the way of INTRODUCTION OF BILLS AND today to introduce a bill to amend rule JOINT RESOLUTIONS the future, electronic recording has 30 of the Federal Rules of Civil Proce- been faulted by judges and attorneys as The following bills and joint resolu- dure. This bill, which I am introducing an error-prone system where tapes are tions were introduced, read the first with Senator DURBIN, will restore the often untranscribable because of in- and second time by unanimous con- stenographic preference for depositions audible portions, machines frequently sent, and referred as indicated: taken in Federal Court. Under our sys- fail, and recorders pick up every back- By Mr. GRASSLEY (for himself and tem of government, Congress has the ground sound, including papers rus- Mr. DURBIN): duty and responsibility to scrutinize tling, coughing, and attorney sidebar S. 1352. A bill to amend Rule 30 of the Fed- carefully all of the rules of Civil Proce- conferences which then must be edited eral Rules of Civil Procedure to restore the dure promulgated by the Judicial Con- out before use by jurors or for the ap- stenographic preference for depositions; to ference and transmitted to us by the the Committee on the Judiciary. peal process. Supreme Court for review—and to The case was never made for unilat- By Mr. FRIST (for himself, Mr. LOTT, make modifications or deletions when and Mr. THOMPSON): eral decisions on the use of nonsteno- S. 1353. A bill to amend title 49, United appropriate. Indeed, when many graphic recording of depositions. The States Code, to provide assistance and slots changes to the rules were proposed in legislation that I am introducing today with respect to air carrier service between 1993, some were to be modified in legis- with my colleague from Illinois, Sen- high density airports and airports that do lation which was passed by the House. ator DURBIN, would restore the rule not receive sufficient air service, to improve Unfortunately, the crush of the end-of- that nonstenographic recording of jet aircraft service to underserved markets, session legislation that year made it and for other purposes; to the Committee on depositions is authorized only when impossible for the Senate to act on this permitted by court order or stipulation Commerce, Science, and Transportation. bill to modify these changes and they By Mr. MCCAIN (for himself, Mr. CAMP- of both parties. took effect in December of that year. BELL, Mr. INOUYE, Mr. DASCHLE, and This version of the rule worked very Mr. DORGAN): Many of us in this body wanted to effectively for over 23 years. In fact, I S. 1354. A bill to amend the Communica- bring the bill forward, but opponents of am not aware of any instance where an tions Act of 1934 to provide for the designa- the proposed modifications were able attorney or party was denied the abil- tion of common carriers not subject to the to delay any Senate consideration ity to use an alternative method when jurisdiction of a State commission as eligi- until after the effective date required ble telecommunications carriers; to the it was requested. However, the most by the Rules Enabling Act. Because of important factor was that the prior in- Committee on Commerce, Science, and our responsibility to review these Transportation. carnation of the Rules recognized the By Mr. LIEBERMAN (for himself and rules, I want to bring one of the modi- potential for errors from methods Mr. DODD): fications back before the Senate. This other than stenographic means and S. 1355. A bill to designate the United modification concerns rule 30 of the thus established the safeguards of stip- States courthouse located in New Haven, Federal Rules of Civil Procedure. ulation or court order. In fact, the Connecticut, as the ‘‘Richard C. Lee United From 1970 to December 1993, rule 30 notes to accompany the 1970 version of States Courthouse’’; to the Committee on permitted depositions to be recorded by Environment and Public Works. the Civil Rules said it best: non stenographic means, but only upon In order to facilitate less expensive proce- By Mr. FAIRCLOTH: court order or with the written stipula- S. 1356. A bill to amend the Communica- dures, provision is made for the recording of tions Act of 1934 to prohibit Internet service tion of the parties. The change in rule testimony by other than stenographic providers from providing accounts to sexu- 30(b) altered that procedure by elimi- means—e.g., by mechanical, electronic, or ally violent predators; to the Committee on nating the requirement of a court order photographic means. Because these methods Commerce, Science, and Transportation. or stipulation and affording each party give rise to problems of accuracy and trust- By Mr. DORGAN: the right to arrange for recording of a worthiness, the party taking the deposition S. 1357. A bill to require the States to bear deposition by non stenographic means. is required to apply for a court order. The the responsibility for the consequences of re- order is to specify how the testimony is to be Testimony at hearings conducted by recorded, preserved, and filed, and it may leasing violent criminals from custody be- the Judiciary Subcommittee on Courts fore the expiration of the full term of impris- contain whatever additional safeguards the onment to which they are sentenced; to the and Administrative Practice in the court deems necessary. Committee on the Judiciary. 103d Congress raised concerns about (Notes to accompany the 1970 Revisions to the Federal Rules of Civil Procedure) f the reliability and durability of video or audio tape alternatives to steno- Mr. President, this legislation gives SUBMISSION OF CONCURRENT AND graphic depositions. There was also in- us the chance to do what we should SENATE RESOLUTIONS formation submitted suggesting that have done 4 years ago and restore the The following concurrent resolutions technological improvements in steno- rule in order to maintain the high and Senate resolutions were read, and graphic recording will make the steno- standard of justice for which our legal referred (or acted upon), as indicated: graphic method more cost-effective for system is known. By Mr. D’AMATO: years to come. Mr. President, I ask unanimous con- S. Con. Res. 59. A concurrent resolution ex- Depositions recorded stenographi- sent that the text of the bill be printed pressing the sense of Congress with respect cally have historically provided an ac- in the RECORD. S11546 CONGRESSIONAL RECORD — SENATE October 31, 1997 There being no objection, the bill was the carrier that continues to be the later by only two votes. But he did not ordered to be printed in the RECORD, as carrier of last resort for customers in give up on himself, or the city of New follows: the area. Haven and was elected mayor in 1953. S. 1352 Mr. President. This simple amend- Once in office, Dick Lee devoted him- Be it enacted by the Senate and House of Rep- ment will address this oversight within self with extraordinary energy and resentatives of the United States of America in the 1996 act, and prevent the uninten- imagination to the human and physical Congress assembled, That paragraphs (2) and tional consequences it will have on renewal of New Haven. One of his most (3) of Rule 30(b) of the Federal Rules of Civil common carriers which Congress in- provocative ideas was that the greatest Procedure are amended to read as follows: tended to be covered under the um- post-World War II problems in our ‘‘(2) Unless the court upon motion orders, brella of universal service support. cities—poverty, unemployment, and or the parties stipulate in writing, the depo- poor housing—could not be solved by sition shall be recorded by stenographic By Mr. LIEBERMAN (for himself the cities or States alone. The Federal means. The party taking the deposition shall bear the cost of the transcription. Any party and Mr. DODD): Government had to become a partner may arrange for a transcription to be made S. 1355. A bill to designate the U.S. in America’s urban redevelopment. from the recording of a deposition taken by courthouse located in New Haven, CT, Dick Lee worked tirelessly and with nonstenographic means. as the ‘‘Richard C. Lee United States enormous success during the Eisen- ‘‘(3) With prior notice to the deponent and Courthouse’’; to the Committee on En- hower Administration to bring Federal other parties, any party may use another vironment and Public Works. programs to New Haven. As head of the method to record the deponent’s testimony THE RICHARD C. LEE FEDERAL COURTHOUSE ACT Urban Committee of the Democratic in addition to the method used pursuant to OF 1997 National Committee in 1958, Lee au- paragraph (2). The additional record or tran- Mr. LIEBERMAN. Mr. President, I thored the first versions of Model script shall be made at that party’s expense Cities and War on Poverty legislative unless the court otherwise orders.’’. am pleased and honored today to intro- duce legislation with my colleague proposals. And after his dear friend, By Mr. MCCAIN (for himself, Mr. Senator DODD to name the Federal John F. Kennedy was elected, Dick Lee CAMPBELL, Mr. INOUYE, Mr. courthouse in New Haven, CT, after our exercised a large and constructive in- DASCHLE, and Mr. DORGAN): dear friend and the former eight-term fluence on the national effort to renew S. 1354. A bill to amend the Commu- mayor of New Haven, Richard C. Lee. America’s urban areas and to restore hope and opportunity to the people nications Act of 1934 to provide for the Congresswoman ROSA DELAURO is in- designation of common carriers not troducing the same proposal in the who lived in them. Dick Lee also understood that just as subject to the jurisdiction of a State House of Representatives. the human face of New Haven needed commission as eligible telecommuni- If it may be said that Federal build- reinvigoration, so did the city’s phys- cations carriers; to the Committee on ings should help reflect the very best of ical appearance and infrastructure. For Commerce, Science, and Transpor- the principles, purposes and spirit of this, Dick Lee turned first to a plan by tation. America, then this courthouse could Maurice Rovital who developed a blue- have no more appropriate name above THE COMMUNICATIONS ACT OF 1934 TECHNICAL print for New Haven while a member of AMENDMENT ACT OF 1997 its doors than that of Mayor Lee. For the Yale faculty. But then he boldly in- Mr. MCCAIN. Mr. President, I rise to Dick Lee is the quintessential Amer- vited many of America’s greatest ar- introduce an amendment to the Com- ican, proud, principled, hardworking, chitects to design buildings for his munications Act of 1934 on behalf of and productive. In New Haven, he city, making New Haven one of Ameri- Senators DORGAN, DASCHLE, INOUYE, shook loose entrenched bureaucracies ca’s greatest architectural crossroads. CAMPBELL, and myself. This amend- and forged new community coalitions Dick Lee appointed a deputy mayor ment enables the Federal Communica- dedicated to rebuilding New Haven and administrator of redevelopment. tions Commission [FCC] to designate after years of neglect and blight. He be- From there, the real work began. That common carriers not under the juris- came a nationally recognized urban work included rebuilding downtown diction of a State commission as eligi- pioneer and helped to change the land- New Haven, salvaging the Long Wharf ble recipients of universal service sup- scape of the American city. area, restoring Wooster Square, con- port. Dick Lee was born in New Haven. He structing the Knights of Columbus Universal Service provides intercar- loves the city and its richly diverse headquarters and the Coliseum, resi- rier support for the provision of tele- people. In May of last year, Mayor Lee dential rehabilitation, rent supple- communications services in rural and was honored by the New Haven Colony ments, nonprofit housing sponsors and high-cost areas throughout the United Historical Society. During that trib- the renewal of inner-city neighbor- States. However, section 254(e) of the ute, Prof. Robert Wood of Wesleyan hoods. 1996 act states that only an eligible University drew inspiration from Mayor Lee forged new coalitions to carrier designated under section 214(e) Mayor Lee’s eloquence about his work. reaffirm his city’s sense of community of the Communications Act shall be el- Dick Lee said that the core of a may- and make it easier to get things done. igible to receive specific federal univer- or’s job was ‘‘wiping away tears from His Citizens Action Commission was a sal support after the FCC issues regula- the eyes’’ of a city’s people so that unique amalgam of business, labor and tions implementing the new universal ‘‘each tear becomes a star in the sky’’ civic leaders and was designed to build service provisions into the law. Section and not a source of daily despair. ‘‘Fill- support for the redevelopment effort. 214(e) does not account for the fact ing the sky above with stars’’ was his Robert Dahl, in his book ‘‘Who Gov- that State commissions in a few states highest calling. ‘‘The tears in the eyes erns? Democracy and Power in the have no jurisdiction over certain car- of the young and the old, the hungry, American City,’’ wrote that Mayor Lee riers. Typically, States also have no ju- the unloved, the ill-housed, the ill- ‘‘had an investment banker’s willing- risdiction over tribally owned compa- clothed, and worst of all, the ignored’’ ness to take risks that held the prom- nies which may or may not be regu- were not to be tolerated. ise of large long-run payoffs, and a lated by a tribal authority that is not Dick Lee was raised in a devout Irish labor mediator’s ability to head off a State commission per se. Catholic family that was not blessed controversy by searching out areas for The failure to account for these situ- with wealth but with greater gifts: agreement by mutual understanding, ations means that carriers not subject with faith, talent, and the willingness compromise, negotiation, and bargain- to the jurisdiction of a State commis- to work hard to better themselves and ing. sion have no way of becoming an eligi- their community. He served for many He possessed a detailed knowledge of the ble carrier that can receive universal years on the Board of Aldermen of New city and its people, a formidable information service support. This would be the case Haven and held a number of journalism gathering system, and an unceasing, full- whether these carriers are traditional jobs, including 10 years in public rela- time preoccupation with all aspects of his job. His relentless drive to achieve his goals local exchange carriers that provide tions at Yale University. In 1949, he be- meant that he could be tough and ruthless. services otherwise included in the pro- came the youngest man to run for But toughness was not his political style, for gram, have previously obtained univer- mayor in New Haven’s history. He lost his overriding strategy was to rely on per- sal service support, or will likely be that year by 712 votes. He lost 2 years suasion rather than threats. October 31, 1997 CONGRESSIONAL RECORD — SENATE S11547 Robert Leeney, former editor of the feats, and they helped to shape his po- What is happening is that sex offend- New Haven Register and a wise and elo- litical career. He realized that every ers and pedophiles are using the quent observer of the local scene wrote: single person mattered, and he always Internet to recruit children. New Haven and the problems of New did everything in his power to help his I think I have a solution that can Haveners have shaped Dick Lee’s life. When constituents, particularly those who help this situation. the Senate seat, later filled by Thomas Dodd, were in need. He was always eager to Today, I am introducing legislation hung like a plum within his grasp he tackle, rather than turn away from that would prevent a convicted sex of- wouldn’t reach for it because the Church constituents’ problems. He also exhib- fender from having an Internet ac- Street project was badly stalled and home ited great foresight in anticipating the count. Under my bill, the on-line serv- needs took first priority in his public vision and on his personal horizons. His simple be- problems that awaited New Haven and ice provider would be barred from pro- lief in—and his unshakeable dedication to— other cities, and he offered imaginative viding an account to anyone who is a this city and its people started young and and progressive solutions to these con- sexually violent predator or who has they have never ended. . .. He grew up to cerns. registered under Megan’s law. citizenhood with a classic, almost a Greek, The focus of his ideas was to preserve I do not think this would be difficult sense of the city-state’s call upon his talents and rehabilitate neighborhoods, and to to enforce, because convicted sex of- and of its shaping effect upon his life and the engage in urban planning done with the fenders are already on a data base. lives of his neighbors. . .. community, not for it. He supervised A background check on that data Mr. President, law is the way we the clearance of slums in New Haven base could keep them offline. choose to express our values as a com- and revitalized once decaying areas by Mr. President, we all know that prop- munity, our aspirations for ourselves rebuilding businesses and homes. He er parental supervision is the best de- and our neighbors. In that fundamental oversaw the building of two new public fense against this type of crime, but I sense, naming the grand federal court- high schools and a dozen elementary am finding that some parents aren’t as house in New Haven which sits proudly schools. To ensure that residents would computer literate as their children and on the old New Haven Green and next have a greater investment in their it is almost impossible to watch chil- to city hall is an honor which Mayor communities, he pushed for the build- dren every minute of every day. Dick Lee thoroughly deserves. In his ing of housing that low-income fami- In my view, it is time to pull the plug public service, he worked tirelessly to lies could buy rather than rent. And on sex offenders and take them offline. express the best values of his commu- Hew Haven was also the first major Mr. President, as I said, this problem nity and to help its people realize their U.S. city to create its own antipoverty has been growing year by year. It has dreams for themselves. program. grown to the point where the FBI has Mr. President, I ask unanimous con- Many viewed Dick Lee’s views as set up a special task force to track sent that the full text of the bill be ahead of his time, and he quickly es- down computer sex offenders. printed in the RECORD. tablished a national reputation as a vi- In 1993, the FBI formed a task force There being no objection, the bill was sionary of urban revitalization. On the known as Innocent Images. ordered to be printed in the RECORD, as strength of this reputation, Mr. Lee be- It was created after a 10-year-old boy follows: came a respected advisor to Presidents was declared missing in Maryland. Un- S. 1355 Kennedy and Johnson on matters of fortunately, he has never been found. Be it enacted by the Senate and House of Rep- urban policy. But the FBI did come across two neigh- Mr. Lee was approached about a pos- resentatives of the United States of America in bors who have an elaborate computer sible cabinet position, but rather than Congress assembled, network—where they were recruiting lobby for a political appointment for SECTION 1. DESIGNATION OF RICHARD C. LEE young victims over the Internet. The himself, he used his political capital to UNITED STATES COURTHOUSE. key suspect is in jail, but has never help secure Federal funding for his The United States courthouse located in told the police anything about the dis- New Haven, Connecticut, shall be known and urban redevelopment initiatives back appearance. designated as the ‘‘Richard C. Lee United home in New Haven. At one point dur- This is what one agent said about the States Courthouse’’. ing Dick Lee’s tenure, New Haven was program: SEC. 2. REFERENCES. receiving more Federal money per cap- Any reference in a law, map, regulation, ita than any other city in the country. Generally we would come across people document, paper, or other record of the Unit- Dick Lee still lives in New Haven in trying to trade (illicit pictures) within five to ten minutes . . . It was like coming across ed States to the United States courthouse the same house that he purchased more referred to in section 1 shall be deemed to be a person at every street corner trying to sell a reference to the ‘‘Richard C. Lee United than 30 years ago. In light of all the you crack. work that Dick Lee did for the people States Courthouse’’. Just 2 weeks ago, the Washington of his home town and his effective ad- Mr. DODD. Mr. President. I am Post reported on a man that had con- vocacy on behalf of all of America’s pleased to join with my fellow col- tacted over 100 underage girls via a cities, I think that it is only appro- league from Connecticut, Senator computer. He was arrested and received priate that one of New Haven’s Federal LIEBERMAN, in introducing this bill 2 years in jail. I have no doubt, he will buildings should bear his name. There- which would designate the U.S. court- be back on the Internet when he gets fore I urge all of my colleagues to sup- house in New Haven, CT, as the ‘‘Rich- out of jail. My bill is designed to stop port this bill to designate the Federal ard C. Lee United States Courthouse.’’ him again. courthouse in New Haven as the ‘‘Rich- I strongly believe that this designation The task force has conducted over 330 ard C. Lee United States Courthouse.’’ would be a fitting tribute to Dick Lee’s searches that have resulted in 200 in- service and commitment to the city of By Mr. FAIRCLOTH: dictments and 150 convictions. Another New Haven, and I commend my good S. 1356. A bill to amend the Commu- 135 have been arrested. friend and colleague for putting this nications Act of 1934 to prohibit If we do not stop sex offenders on the legislation forward. Internet service providers from provid- Internet, I believe the number of A self-educated man who was legend- ing accounts to sexually violent preda- crimes will grow. ary for his charm, Dick Lee is widely tors; to the Committee on Commerce, Tragically, just a few weeks ago, an considered as one of the most forceful, Science, and Transportation. 11-year-old boy was murdered in New most capable, and most dedicated may- THE INTERNET SERVICE PROVIDERS ACCOUNT Jersey by a teenager who himself had ors that the State of Connecticut an PROHIBITION ACT OF 1997 been molested by a man he met on the this country has ever known. Mr. FAIRCLOTH. Mr. President, in Internet. The man was a twice con- After losing two bids to become the past few years, I have been shocked victed sex offender. mayor, Dick Lee went on to win eight by the number of crimes I have read We have got to stop this activity and straight elections, serving as the about that are connected to the stop it now. mayor of New Haven from 1954 to 1969. Internet. Mr. President, there will be critics His first two elections were very close, This was a problem that did not even who call this unconstitutional. They losing by only two votes in his 1951. exist just a few years ago, but now it can certainly tie themselves up in Dick Lee learned from these narrow de- has become very prevalent. knots about the legalities, but my S11548 CONGRESSIONAL RECORD — SENATE October 31, 1997 main concern is for the safety of our then took his own life when stopped at sentence. If a State or local govern- children. a police blockade later that night. This ment decides it is appropriate to allow I think we have ample precedent for fellow had been in prison in the State violent offenders to be let out before doing something like this. First, we of Washington for prior violent crimes the end of their term because they have Megan’s Law that requires reg- and was let out of prison early. have accumulated good time, gain istration of sex offenders. Second, the It goes on all across this country. I time, or parole. If violent offenders Supreme Court, in Kansas versus Hen- think this country ought to decide serve less than their entire sentence, dricks, upheld a State statute that that, if you commit a violent act, you then during that period of time when kept a sexual predator committed in a are going to go to prison and the prison they should have been in jail, if they State mental institution, after his cell is going to be your address until commit another violent crime, I want criminal sentence had run. I think it is the end of your sentence—no early out, the states to be held responsible—no clear that for sexual predators—they no nothing. If you are convicted of a more immunity. do not enjoy the rights that all of us violent offense, you go to prison and I say to local governments, be re- enjoy. There is a difference. stay there. Your prison cell is your ad- sponsible. You want to let violent peo- More simply put, is this any different dress. ple out on the street early, be respon- than denying a felon the right to own a I will just give you a couple more ex- sible for it. Waive your immunity. Let gun. Is it different than barring a ha- amples. people sue you to bring you to account bitual drunk driver from having a driv- Charles Miller is from West Virginia, for what you have done. er’s license? 28 years old. A couple of years ago he I am proposing that the grants we The Internet is the new weapon of was convicted of the violent rape of a have in the 1994 crime bill dealing with the sexual predator. It is their key to young child and was sentenced to serve truth-in-sentencing and violent-of- invading our homes. 5 years in prison. He was up for parole fender incarceration be available to We have to send a clear message that three times while he was in prison. His those States that decide they will the Internet will not become the fa- third time —May of this year—after waive immunity and be responsible for vored tool of the pedophile. Instead of serving half of the sentence, he was re- the acts these offenders on early re- roaming the streets, the sex offenders leased on gain time, and 43 days later lease commit. of the 1990’s are roaming chat rooms he was charged with sexually assault- I wonder how many people in this and the Internet looking for victims. ing a 12-year-old girl. The prosecutor Chamber know that there are more This legislation will put a stop to said, ‘‘Unfortunately, in the State the than 4,000 people now in prison for that. way it is now, everybody gets out committing a murder that they com- I hope that we can have hearings on early. We have people guilty of murder mitted while they were out early for a this bill and that we can consider it getting out on gain time do it again. previous violent crime. How would you next session. We ought to abolish gain time.’’ like to be one of the families of the I agree with that prosecutor. 4,000 or more people who are murdered By Mr. DORGAN: Miami, FL, a fellow named Gainer, who understand their loved one was S. 1357. A bill to require the States to age 23, shot a fellow named Robert murdered because someone else was let bear the responsibility for the con- Mays, 20 years old—got into a dispute out early from prison. You know it sequences of releasing violent crimi- about drugs. Sentenced to 5 years in doesn’t take Dick Tracy to figure out nals from custody before the expiration State prison for manslaughter, served 1 who is going to commit the next vio- of the full term of imprisonment to year and 1 month, released because he lent act. It is somebody who has com- which they are sentenced. had accumulated 600 days of what is mitted a previous violent act. THE FAIRNESS AND INCARCERATION called gain time for working in a pris- I just suggest that there are those RESPONSIBILITY ACT on camp. Six months after he was re- who say prisons are overcrowded and so Mr. DORGAN. Mr. President, I am leased he was charged with first-degree the prison overcrowding forces them to going to introduce legislation today murder once again. release people early. Senator JOHN dealing with violent offenders. I want Mr. Ball, 42, sentenced to 30 years of GLENN and I have talked for years to preface it by saying that all of us in hard labor in Louisiana, cited for 102 about military housing and its possible this country understand that crime disciplinary infractions in prison, the use for incarcerating non-violent of- rates are coming down some, and we last infraction being 3 months before fenders. Why couldn’t corrections offi- are appreciative of that. But violent he was released 16 years before the end cials utilize this kind of low-cost hous- crime is still far too prevalent. of his sentence for good behavior. He ing for nonviolent offenders and freeup In North Dakota a couple of weeks was rearrested on first-degree murder maximum security space for violent of- ago, we had a young woman named Ju- and armed robbery charges. fenders. lienne Schultz who stopped at a rest Budweiser delivery man Bernard You can probably incarcerate non- area on a quiet rural road and a quiet Scorconi was 45 years old, murdered by violent offenders for a fraction of the part of our State. She ran into a man Mr. Ball when he tried to stop him cost of what it takes to build a prison. in the rest area who abducted her, from robbing a local bar. Ball was re- Fifty percent of the 1.5 million people slashed her throat, and left her for leased 16 years earlier than the end of now in prison in this country are non- dead. Well, I am pleased to tell you his sentence. violent. We can incarcerate them for a today that Julienne did not die, and It happens all across this country, fraction of the cost of what we now she is recovering. every day in every way. Violent people spend to put them in prisons. The horror of that attack is a horror are put back on the streets before the We could open 100,000, 200,000, or that is repeated all over this country, end of their sentence. 300,000 prison cells and say to violent committed by violent criminals who My mother was killed by someone offenders, that is your address until never should have been out of jail who committed a manslaughter act, the end of your sentence. Understand early. That attack was perpetrated by and he was let out early. Everybody is that. Your address is your prison cell, a fellow who came from Washington let out early. Commit a violent act, if you commit a violent crime, until State. He was, I guess, driving through you get let out early. All you have to the end of your sentence. We ought to North Dakota. He is alleged to have do is go to prison, accumulate good provide a creative way for states to fa- committed a couple of murders in time. In some States you get 30 days cilitate that. Washington State before he left Wash- off for every 30 days served. Even with the best of intentions, in ington a couple of months before. He I am proposing today a very simple this Chamber about 4 years ago we de- ran into Julienne Schultz, this wonder- piece of legislation. Let us tell those cided that the most violent offenders ful woman from North Dakota, who States who let violent people out of have to serve 85 percent of their time. was coming back from a meeting with prison early, that you are going to be Let’s let them out only 15 percent the League of Cities and stopped at a responsible for the actions of that of- early, stated another way. In fact, in rest area only to have her throat fender up until what should have been most States those who commit the slashed by this violent criminal. He the completion date of that offender’s most violent offenses and therefore get October 31, 1997 CONGRESSIONAL RECORD — SENATE S11549 the longest sentences get the most gen- (4) crimes of violence and the threat of ‘‘(3) committed the subsequent crime of vi- erous amount of good time. crimes of violence committed by violent olence at issue before the original term of I know people will disagree with me criminals who are released from prison be- imprisonment described in paragraph (2) about this. I respect that disagree- fore the expiration of the term of imprison- would have expired.’’. ment to which they were sentenced affect SEC. 5. EFFECTIVE DATE. ment. I say this. If you are the family tourism, economic development, use of the This Act and the amendments made by of a young boy, 13 years old, named interstate highway system, federally owned this Act shall take effect 3 years after the Hall who was murdered just miles from or supported facilities, and other commercial date of enactment of this Act. here, or of a young attorney in her activities of individuals; and f early 20’s named Bettina Pruckmayer, (5) the policies of one State regarding the who was murdered just miles from early release of criminals sentenced in that ADDITIONAL COSPONSORS State for a crime of violence often affect the here. Both of these young people mur- S. 496 citizens of other States, who can influence dered by individuals who had been in At the request of Mr. CHAFEE, the those policies only through Federal law. prison for previous murders but let out (b) PURPOSE.—The purpose of this Act is to name of the Senator from South Da- early because of the sentence system. require States to bear the responsibility for kota [Mr. JOHNSON] was added as a co- Is it fine for us to let them back on the the consequences of releasing violent crimi- sponsor of S. 496, a bill to amend the street? If they do not have good time, nals from custody before the expiration of Internal Revenue Code of 1986 to pro- if they are hard to manage in prison, the full term of imprisonment to which they vide a credit against income tax to in- think about the violence done to others are sentenced. dividuals who rehabilitate historic who are murdered and others who are SEC. 3. ELIGIBILITY FOR VIOLENT OFFENDER IN- homes or who are the first purchasers going to die while they are on street. CARCERATION GRANTS. of rehabilitated historic homes for use I am going to introduce this piece of Section 20103(a) of the Violent Crime Con- as a principal residence. trol and Law Enforcement Act of 1994 (42 legislation today. I hope in the next U.S.C. 13703(a)) is amended— S. 1084 year or so before the Congress com- (1) by striking ‘‘the State has imple- At the request of Mr. INHOFE, the pletes its work that we might be able mented’’ and inserting the following: ‘‘the names of the Senator from South Caro- to decide what we need to do about vio- State— lina [Mr. THURMOND], and the Senator lent offenders. We can keep violent of- ‘‘(1) has implemented’’; from Florida [Mr. MACK] were added as fenders off the streets to the end of (2) by striking the period at the end and in- cosponsors of S. 1084, a bill to establish their sentence, and we can protect peo- serting ‘‘; and’’; and a research and monitoring program for ple like Julienne Schultz, who, fortu- (3) by adding at the end the following: ‘‘(2) has enacted and implemented a State the national ambient air quality stand- nately, is going to be all right. law providing that a victim (or in the case of ards for ozone and particulate matter But this innocent young woman who a homicide, the family of the victim) of a and to reinstate the original standards was driving back from a meeting crime of violence (as defined in section 16 of under the Clean Air Act, and for other stopped at a rest stop in a quiet rural title 18, United States Code) shall have a purposes. area, had her throat slashed and was Federal cause of action in any district court S. 1096 of the United States against the State for close to being killed by a fellow who At the request of Mr. KERREY, the the recovery of actual (not punitive) dam- should never have been driving through name of the Senator from Washington North Dakota, by a fellow who was let ages (direct and indirect) resulting from the crime of violence, if the individual convicted [Mrs. MURRAY] was added as a cospon- out by authorities in another State of committing the crime of violence— sor of S. 1096, a bill to restructure the which said, ‘‘We can’t afford to keep ‘‘(A) had previously been convicted by the Internal Revenue Service, and for other you in prison,’’ apparently, and, ‘‘We State of a crime of violence committed on a purposes. don’t have the time to keep you in different occasion than the crime of violence S. 1124 at issue; prison anymore.’’ Well, we had better At the request of Mr. KERRY, the make time. We had better find the re- ‘‘(B) was released before serving the full term of imprisonment to which the individ- names of the Senator from Ohio [Mr. sources to keep these kind of folks in DEWINE], and the Senator from Hawaii prison to the end of their term in order ual was sentenced for that offense; and ‘‘(C) committed the subsequent crime of vi- [Mr. INOUYE] were added as cosponsors to help prevent further carnage and the olence at issue before the original term of of S. 1124, a bill to amend title VII of kind of things that are happening to imprisonment described in subparagraph (B) the Civil Rights Act of 1964 to establish innocent people all across this country. would have expired.’’. provisions with respect to religious ac- Mr. President, I ask that the bill be SEC. 4. ELIGIBILITY FOR TRUTH-IN-SENTENCING commodation in employment, and for pointed in the RECORD. INCENTIVE GRANTS. other purposes. Section 20104 of the Violent Crime Control Mr. President, you have been very S. 1189 generous in the time today. and Law Enforcement Act of 1994 (42 U.S.C. 13704) is amended— At the request of Mr. SMITH, the I yield the time. I yield the floor. name of the Senator from Vermont There being no objection, the bill was (1) by striking ‘‘85 percent’’ each place that term appears and inserting ‘‘100 percent’’; [Mr. JEFFORDS] was added as a cospon- ordered to be printed in the RECORD, as and sor of S. 1189, a bill to increase the follows: (2) by adding at the end the following: criminal penalties for assaulting or S. 1357 ‘‘(c) WAIVER OF SOVEREIGN IMMUNITY.—Not- threatening Federal judges, their fam- withstanding subsection (a), in addition to Be it enacted by the Senate and House of Rep- ily members, and other public servants, the requirements of that subsection, to be el- resentatives of the United States of America in igible to receive a grant award under this and for other purposes. Congress assembled, section, each application submitted under S. 1243 SECTION 1. SHORT TITLE. subsection (a) shall demonstrate that the At the request of Mr. KERREY, the This Act may be cited as the ‘‘Fairness and State has enacted and implemented, a State name of the Senator from Maine [Ms. Incarceration Responsibility (FAIR) Act’’. law providing that a victim (or in the case of SNOWE] was added as a cosponsor of S. SEC. 2. FINDINGS AND PURPOSE. a homicide, the family of the victim) of a 1243, a bill to amend title 23, United (a) FINDINGS.—Congress finds that— crime of violence (as defined in section 16 of States Code, to enhance safety on 2- (1) violent criminals often serve only a por- title 18, United States Code) shall have a lane rural highways. tion of the terms of imprisonment to which Federal cause of action in any district court they are sentenced; of the United States against the State for S. 1251 (2) a significant proportion of the most se- the recovery of actual (not punitive) dam- At the request of Mr. D’AMATO, the rious crimes of violence committed in the ages (direct and indirect) resulting from the names of the Senator from Alabama United States are committed by criminals crime of violence, if the individual convicted [Mr. SESSIONS], and the Senator from who have been released early from a term of of committing the crime of violence— New Hampshire [Mr. GREGG] were imprisonment to which they were sentenced ‘‘(1) had previously been convicted by the added as cosponsors of S. 1251, a bill to for a prior conviction for a crime of violence; State of a crime of violence committed on a amend the Internal Revenue Code of (3) violent criminals who are released be- different occasion than the crime of violence fore the expiration of the term of imprison- at issue; 1986 to increase the amount of private ment to which they were sentenced often ‘‘(2) was released before serving the full activity bonds which may be issued in travel to other States to commit subsequent term of imprisonment to which the individ- each State, and to index such amount crimes of violence; ual was sentenced for that offense; and for inflation. S11550 CONGRESSIONAL RECORD — SENATE October 31, 1997 S. 1252 sponsors of Senate Resolution 141, a conflict with the terrorist Kurdistan Work- At the request of Mr. D’AMATO, the resolution expressing the sense of the ers Party (PKK) for over a decade; names of the Senator from Alabama Senate regarding National Concern Whereas flagrant violations of OSCE stand- ards and norms continue and the problems [Mr. SESSIONS], the Senator from New About Young People and Gun Violence raised by the United States Delegation at Hampshire [Mr. GREGG], and the Sen- Day. the November 1996 OSCE Review Meeting in ator from Vermont [Mr. JEFFORDS] AMENDMENT NO. 1397 Vienna persist; were added as cosponsors of S. 1252, a At the request of Mr. BYRD the name Whereas expert witnesses at a 1997 briefing bill to amend the Internal Revenue of the Senator from South Dakota [Mr. of the Commission on Security and Coopera- tion in Europe (in this concurrent resolution Code of 1986 to increase the amount of DASCHLE] was added as a cosponsor of referred to as the ‘‘Helsinki Commission’’) low-income housing credits which may amendment No. 1397 intended to be pro- be allocated in each State, and to index underscored the continued, well-documented, posed to S. 1173, a bill to authorize and widespread use of torture by Turkish se- such amount for inflation. funds for construction of highways, for curity forces and the failure of the Govern- S. 1311 highway safety programs, and for mass ment of Turkey to take determined action to At the request of Mr. LIEBERMAN, the transit programs, and for other pur- correct such gross violations of OSCE provi- name of the Senator from New Jersey poses. sions and international humanitarian law; Whereas the Government of Turkey con- [Mr. LAUTENBERG] was added as a co- AMENDMENT NO. 1520 sponsor of S. 1311, a bill to impose cer- tinues to use broadly the Anti-Terror Law At the request of Mr. KERREY the tain sanctions on foreign persons who and Article 312 of the Criminal Code against name of the Senator from Maine [Ms. writers, journalists, publishers, politicians, transfer items contributing to Iran’s SNOWE] was added as a cosponsor of musicians, and students; efforts to acquire, develop, or produce amendment No. 1520 intended to be pro- Whereas the Committee To Protect Jour- ballistic missiles. posed to S. 1173, a bill to authorize nalists has concluded that more journalists At the request of Mr. LOTT, the funds for construction of highways, for are currently jailed in Turkey than in any other country in the world; names of the Senator from Washington highway safety programs, and for mass [Mr. GORTON], the Senator from Alaska Whereas the Government of Turkey has transit programs, and for other pur- pursued an aggressive campaign of harass- [Mr. STEVENS], and the Senator from poses. ment of nongovernmental organizations, in- Pennsylvania [Mr. SPECTER] were f cluding the Human Rights Foundation of added as cosponsors of S. 1311, supra. Turkey; branch offices of the Human Rights S. 1314 SENATE CONCURRENT RESOLU- Association in Diyarakir, Malatya, Izmir, At the request of Mrs. HUTCHISON, the TION 59—RELATIVE TO THE OR- Konya, and Urfa have been raided and closed; names of the Senator from New York GANIZATION FOR SECURITY AND and Turkish authorities continue to per- [Mr. D’AMATO], the Senator from Mon- COOPERATION IN EUROPE secute the members of nongovernmental or- ganizations who attempt to assist the vic- tana [Mr. BURNS], and the Senator Mr. D’AMATO submitted the follow- tims of torture; from Arizona [Mr. KYL] were added as ing concurrent resolution; which was Whereas four former parliamentarians cosponsors of S. 1314, a bill to amend referred to the Committee on Foreign from the now banned Kurdish-based Democ- the Internal Revenue Code of 1986 to Relations: racy Party (DEP) Leyla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak remain im- provide that married couples may file a S. CON. RES. 59 combined return under which each prisoned at Ankara’s Ulucanlar Prison and Whereas the Republic of Turkey, because among the actions cited in Zana’s indict- spouse is taxed using the rates applica- of its position at the crossroads of Europe, ble to unmarried individuals. ment was her 1993 appearance before the Hel- the Caucasus, Central Asia, and the Middle sinki Commission in Washington, D.C.; S. 1319 East, is well positioned to play a leading role Whereas the Lawyers Committee for At the request of Mr. BYRD, the in shaping developments in Europe and be- Human Rights has expressed concern over names of the Senator from Michigan yond; the case of human rights lawyer Hasan [Mr. LEVIN], the Senator from Vermont Whereas the Republic of Turkey has been a Dog˘ an, a member of the People’s Democracy longstanding member of numerous inter- [Mr. JEFFORDS], and the Senator from Party (HADEP), who like many members of national organizations, including the Coun- the party, has been subject to detention and Vermont [Mr. LEAHY] were added as co- cil of Europe (1949), the North Atlantic Trea- sponsors of S. 1319, a bill to repeal the prosecution; ty Organization (1952), and the Organization Whereas many human rights abuses have Line Item Veto Act of 1996. for Security and Cooperation in Europe been committed against Kurds who assert S. 1334 (1975); their Kurdish identity, and Kurdish institu- At the request of Mr. BOND, the Whereas Turkey’s President, Suleyman tions, such as the Kurdish Cultural and Re- names of the Senator from Georgia Demirel, was an original signer of the 1975 search Foundation, have been targeted for Helsinki Final Act of the Conference on Se- [Mr. COVERDELL], the Senator from closure; curity and Cooperation in Europe; Whereas the Ecumenical Patriarchate has Montana [Mr. BURNS], and the Senator Whereas the Republic of Turkey proposed repeatedly requested permission to reopen from Vermont [Mr. JEFFORDS] were in late 1996 that Istanbul serve as the venue the Orthodox seminary on the island of added as cosponsors of S. 1334, a bill to for the next OSCE summit, a prestigious Halki closed by the Turkish authorities amend title 10, United States Code, to gathering of the heads of state or govern- since the 1970s despite Turkey’s OSCE com- establish a demonstration project to ment of countries in Europe, Central Asia, mitment to ‘‘allow the training of religious evaluate the feasibility of using the and North America, including the United personnel in appropriate institutions’’; Federal Employees Health Benefits States; Whereas members of other minority reli- program to ensure the availablity of Whereas a decision on the venue of the gions or beliefs, including Armenian and next OSCE summit will require the consen- adequate health care for Medicare-eli- Syrian Orthodox believers, as well as Roman sus of all OSCE participating states, includ- Catholics, Armenian, Chaldean, Greek and gible beneficiaries under the military ing the United States; Syrian Catholics, and Protestants have faced health care system. Whereas the OSCE participating states, in- various forms of discrimination and harass- SENATE RESOLUTION 116 cluding Turkey, have declared their stead- ment; At the request of Mr. LEVIN, the fast commitment to democracy based on Whereas the closing of the border with Ar- names of the Senator from Rhode Is- human rights and fundamental freedoms, the menia by Turkey in 1993 remains an obstacle protection and promotion of which is the land [Mr. REED] and the Senator from to the development of mutual understanding first responsibility of government; and confidence, and friendly and good-neigh- South Dakota [Mr. JOHNSON] were Whereas the development of genuine de- borly relations between those OSCE partici- added as cosponsors of Senate Resolu- mocracy in Turkey is undermined by ongo- pating states; tion 116, a resolution designating No- ing violations of international humanitarian Whereas the Republic of Turkey has re- vember 15, 1997, and November 15, 1998, law as well as other human rights obliga- peatedly rebuffed offers by the Chair-in-Of- as ‘‘America Recycles Day’’. tions and commitments, including provisions fice of the OSCE to dispatch a personal rep- SENATE RESOLUTION 141 of the Helsinki Final Act and other OSCE resentative to Turkey for purposes of assess- documents, by which Turkey is bound; ing developments in that country; At the request of Mrs. MURRAY, the Whereas the Department of State has Whereas, despite the fact that a number of names of the Senator from Oregon [Mr. found that serious human rights problems Turkish civilian authorities remain publicly WYDEN], the Senator from Ohio [Mr. persist in Turkey and that human rights committed to the establishment of rule of DEWINE], and the Senator from Wash- abuses have not been limited to the south- law and to respect for human rights, torture, ington [Mr. GORTON] were added as co- east, where Turkey has engaged in an armed excessive use of force, and other serious October 31, 1997 CONGRESSIONAL RECORD — SENATE S11551 human rights abuses by the security forces that even these modest proposals have actions cited in Leyla Zana’s indict- continue; and not translated into improved human ment was her 1993 appearance before Whereas the Government of Turkey has rights in Turkey. the U.S. Commission on Security and failed to meaningfully address these and Mr. President, my resolution does Cooperation in Europe here in Wash- other human rights concerns since it first proposed to host the next OSCE summit and not call for outright rejection of the ington, DC. The Lawyers Committee thereby has squandered this opportunity to Turkish proposal. Rather, the resolu- for Human Rights has expressed con- demonstrate its determination to improve tion calls for the United States to cern over the case of human rights law- implementation of Turkey’s OSCE commit- refuse consensus to such a plan until yer Hasan Dog˘ an, a member of the Peo- ments: Now, therefore, be it the Government of Turkey had demon- ple’s Democracy Party [HADEP], who, Resolved by the Senate (the House of Rep- strably improved implementation of its like many members of the party, has resentatives concurring), That it is the sense freely undertaken OSCE commitments, been subject to detention and prosecu- of Congress that— including action to address those tion. (1) the privilege and prestige of hosting a human rights concerns I will describe The Government of Turkey has simi- summit of the heads of state or government larly pursued an aggressive campaign of the Organization for Security and Co- in more detail later in my remarks. operation in Europe (OSCE) should be re- Under OSCE rules, decisions require of harassment of nongovernmental or- served for participating states that have that all participating states, including ganizations, including the Human demonstrated in word and in deed steadfast the United States, give their consensus Rights Foundation of Turkey and the support for Helsinki principles and stand- before a proposal can be adopted. The Human Rights Association. An Asso- ards, particularly respect for human rights; resolution we introduce today calls ciation forum on capital punishment (2) the United States should refuse to give upon the President to report to the was banned in early May as was a consensus to any proposal that Turkey serve peace conference sponsored by inter- as the venue for a summit meeting of the Congress by April 15, 1998, on any im- provement to Turkey’s actual human national and Turkish NGO’s. Human heads of state or government of OSCE coun- Rights Association branch offices in tries until the Government of Turkey has de- rights performance. monstrably improved implementation of its Expert witnesses at a Commission Diyarbakir, Malatya, Izmir, Konya, freely undertaken OSCE commitments, in- briefing earlier this year underscored and Urfa have been raided and closed. cluding action to address those human rights the continued, well-documented, and Mr. President, last week the Con- gress honored His All Holiness Bar- concerns enumerated in the preamble of this widespread use of torture by Turkish tholomew, the leader of Orthodox be- resolution; security forces and the failure of the (3) the United States should encourage the lievers worldwide. The Ecumenical Pa- Government of Turkey to take deter- development of genuine democracy in the triarchate, located in Istanbul—the mined action to correct such gross vio- Republic of Turkey based on protection of city proposed by Turkey as the venue lations of OSCE provisions and inter- human rights and fundamental freedoms; for the next OSCE summit—has experi- and national humanitarian law. Even the enced many difficulties. The Patriarch- (4) the President of the United States much heralded reduction of periods for ate has repeatedly requested permis- should report to Congress not later than the detention of those accused of cer- sion to reopen the Orthodox seminary April 15, 1998, on any improvement in the ac- tain crimes has failed to deter the use tual human rights record in Turkey, includ- on the island of Halki closed by the of torture. The fact is that this change ing improvements in that country’s imple- Turkish authorities since the 1970’s de- mentation of provisions of the Helsinki Final on paper is commonly circumvented by spite Turkey’s OSCE commitment to Act and other OSCE documents. the authorities. As one United States ‘‘allow the training of religious person- SEC. 2. The Secretary of the Senate shall official in Turkey observed in discus- nel in appropriate institutions.’’ transmit a copy of this concurrent resolu- sion with Commission staff, a person As the State Department’s own tion to the President of the United States. will be held in incommunicado for Country Report on Human Rights Mr. D’AMATO. Mr. President, I rise days, then the prisoner’s name will be Practices for 1996 concluded, Turkey to submit a concurrent resolution on postdated for purposes of official police ‘‘was unable to sustain improvements the human rights situation in Turkey. logs giving the appearance that the made in 1995 and, as a result, its record This resolution is prompted by that person had been held within the period was uneven in 1996 and deteriorated in country’s desire to host the next sum- provided for under the revised law. some respects.’’ While Turkish civilian mit meeting of the heads of state or Turkish authorities also continue to authorities remain publicly committed government of the Organization for Se- persecute those who attempt to assist to the establishment of rule of law curity and Cooperation in Europe the victims of torture, as in the case of state and respect for human rights, [OSCE]. This summit meeting is sched- Dr. Tufan Ko¨ se. torture, excessive use of force, and uled to take place in 1998. The issue is Despite revisions in the Anti-Terror other serious human rights abuses by which country will host this most im- Law, its provisions continue to be the security forces continue. As our portant OSCE gathering. broadly used against writers, journal- resolution points out, the United Last November, the Republic of Tur- ists, publishers, politicians, musicians, States should encourage the develop- key—an original OSCE participating and students. Increasingly, prosecutors ment of genuine democracy in the Re- state—first proposed Istanbul as the have applied article 312 of the Criminal public of Turkey based on protection of site for the next OSCE summit. At that Code, which forbids ‘‘incitement to ra- human rights and fundamental free- time, I wrote to then-Secretary of cial or ethnic enmity.’’ Government doms. State Christopher, together with Com- agents continue to harass human Mr. President, it is most unfortunate mission Co-Chairman Christopher rights monitors. According to the Com- that Turkey’s leaders, including Presi- Smith, urging that the United States mittee to Protect Journalists, at least dent Demirel—who originally signed reject this proposal based on Turkey’s 47 Turkish journalists are in jail in the 1975 Helsinki Final Act on behalf of dismal human rights record. I also Turkey today—more than in any other Turkey—have not been able to effec- wrote to Secretary Albright in July to country in the world. tively address these and other long- reiterate my concerns regarding the Many human rights abuses have been standing human rights concerns. state of human rights in Turkey and committed against Kurds who assert The privilege and prestige of hosting Ankara’s failure to improve its imple- their Kurdish identity. The Kurdish such an OSCE event should be reserved mentation of OSCE commitments. Cultural and Research Foundation of- for participating states that have dem- Ankara has squandered the past year, fices in Istanbul were closed by police onstrated their support for Helsinki failing to meaningfully address a series in June to prevent the teaching of principles and standards—particularly of longstanding human rights concerns. Kurdish language classes. In addition, respect for human rights—in both word Regrettably, there has been no mean- four former parliamentarians from the and in deed. Turkey should not be al- ingful improvement in Turkey’s imple- now banned Kurdish-based Democracy lowed to serve as host of such a meet- mentation of its OSCE human rights Party [DEP]: Leyla Zana, Hatip Dicle, ing until and unless that country’s dis- commitments in the 11 months since Orhan Dog˘ an, and Selim Sadak, who mal human rights record has improved. our original letter to the State Depart- have completed three years of their 15- While some may argue that allowing ment. Despite a number of changes in year sentences, remain imprisoned at Turkey to host an OSCE summit meet- Turkish law, the fact of the matter is Ankara’s Ulucanlar Prison. Among the ing might provided political impetus S11552 CONGRESSIONAL RECORD — SENATE October 31, 1997 for positive change, we are not con- Penal Code, and other statutes which violate to be ‘‘widespread.’’ The UN Committee on vinced, particularly in light of the fail- the principle of freedom of expression and Torture has referred to ‘‘systemic’’ use of ure of the Turkish Government to ensuring full respect for the civil, political, torture in Turkey. Earlier this week, Am- meaningfully improve the human and cultural rights of members of national nesty International released a report docu- minorities, including ethnic Kurds. menting the torture of children held in de- rights situation in the months since it Regrettably, there has been no improve- tention in Turkey. offered to host the next OSCE summit. ment in Turkey’s implementation of OSCE Despite Turkey’s revisions to the Anti-Ter- We note that several high-level con- human rights commitments in the eight ror Law, it provisions continue to be broadly ferences have been held in Turkey months since our original letter to the De- used against writers, journalists, publishers, without any appreciable impact on partment. Despite a number of changes in politicians, musicians, and students. Increas- that country’s human rights policies or Turkish law, the fact of the matter is that ingly, prosecutors have applied Article 312 of practices. even these modest proposals have not trans- the Criminal Code, which forbids ‘‘incite- lated into improved human rights in Turkey. ment to racial or ethnic enmity’’ to suppress Mr. President, promises of improved Ankara’s flagrant violations of OSCE stand- expression of dissenting views. Government human rights alone should not suffice. ards and norms continues and the problems agents continue to harass human rights Turkey’s desire to host an OSCE sum- raised by the United States Delegation to monitors. Many human rights abuses have mit must be matched by concrete steps the OSCE Review Meeting last November been committed against Kurds who publicly to improve its dismal human rights persist. or politically assert their Kurdish identity. record. Madam Secretary, the privilege and pres- As the Department’s own report on human I ask unanimous consent that the tige of hosting such an OSCE event should be rights practices in Turkey concluded, while two letters I mentioned earlier, to Sec- reserved for participating States that have Turkisk civilian authorities remain publicly demonstrated their support for Helsinki committed to the establishment of a state of retary Christopher and Secretary principles and standards—particularly re- law and respect to human rights, torture, ex- Albright, and a copy of the State De- spect for human rights—in both word and in cessive use of force, and other serious human partment’s August 13, 1997, reply signed deed. Turkey should not be allowed to serve rights abuses by the security forces con- by Assistant Secretary of State for as host of such a meeting given that coun- tinue. Legislative Affairs, Barbara Larkin, be try’s dismal human rights record. Regrettably, lone overdue reforms of Tur- inserted in the RECORD. While some may argue that allowing Tur- key’s human rights policies and practices an- In closing, I urge my colleagues to key to host an OSCE summit meeting might nounced in mid-October by the Turkish Dep- provide political impetus for positive uty Prime Minister and Foreign Minister, join in supporting this concurrent reso- change, we are not convinced, particularly in Mrs. Ciller, have not materialized and the lution and to work for its passage be- light of the failure of the Turkish Govern- prospects for genuine change in the near fore the end of this first session of the ment to improve the human rights situation term appear remote. 105th Congress. in the eight months since it proposed to host Another key factor in our urgent call for There being no objection, the mate- the next OSCE summit. We note that several rejection of Turkey’s proposal to host an rial was ordered to be printed in the high-level conferences have been held in Tur- OSCE summit is Turkey’s continuing illegal and forcible occupation of Cypriot territory RECORD, as follows: key without any appreciable impact on that country’s human rights policies or practices. in blatant violation of OSCE principles. A COMMISSION ON SECURITY AND Promises of improved human rights alone substantial force of 30,000 Turkish troops re- COOPERATION IN EUROPE, should not suffice. Turkey’s desire to host an mains in Cyprus today in a clear breach of Washington, DC, July 15, 1997. OSCE summit must be matched by concrete Cypriot sovereignty. In recent months, we Hon. MADELEINE KORBEL ALBRIGHT, steps to improve its dismal human rights have witnessed the worst violence against in- Secretary of State, Department of State, record. nocent civilians along the cease-fire line Washington, DC. We appreciate your consideration of our since the 1974 invasion, resulting in at least DEAR MADAM SECRETARY: We write to reit- views on this important matter and look for- 5 deaths. In addition, Turkish and Turkish erate and further explain our steadfast oppo- ward to receiving your reply. Cypriot authorities have failed to fully ac- sition to Turkey as the venue for an Organi- Sincerely, count for at least 1,614 Greek Cypriots and zation for Security and Cooperation in Eu- CHRISTOPHER H. SMITH, five Americans missing since 1974. rope (OSCE) summit meeting and ask the Member of Congress, Co-Chairman. While some may argue that allowing Tur- Department, which we understand shares our ALFONSE D’AMATO, key to hose an OSCE summit might provide view, to maintain the United States’ refusal U.S. Senate, Chairman. political impetus for positive change, we are to give consensus to the Turkish proposal not convinced, particularly in light of the that the next summit should be held in Is- COMMISSION ON SECURITY AND fact that several high-level conferences have tanbul. We also observe that a rigid schedule COOPERATION IN EUROPE, been held in Turkey without any appreciable of biennial summit meetings of the OSCE Washington, DC, November 22, 1996. impact on that country’s human rights poli- Heads of State or Government appears to be Hon. WARREN CHRISTOPHER, cies or practices. Allowing Turkey to host an unwarranted at this stage of the OSCE’s de- Secretary of State, Department of State, OSCE summit based upon an inference of in- velopment and suggest that serious consider- Washington, DC. creased leverage to improve Turkish human ation be given to terminating the mandate DEAR MR. SECERTARY: We have recently rights performance, when they are in cur- which currently requires such meetings to be learned that the Republic of Turkey may rent, active violation of solemn inter- held whether circumstances warrant them or offer Istanbul as the venue for the next sum- national commitments would be wrong. not. mit meeting of the Heads of State or Govern- Turkey’s desire to host an OSCE summit Last November, the Republic of Turkey— ment of the Organization of Security and Co- must be matched by concrete steps to im- an original OSCE participating State—first operation in Europe (OSCE). We write to prove its dismal human rights, to end its il- proposed Istanbul as the site for the next urge that the United States reject this pro- legal occupation of Cypriot territory, and to OSCE summit. At that time, we wrote to posal. A decision on this important matter is contribute to a reduction of tensions in the Secretary Christopher urging that the Unit- extremely urgent as the OSCE Review Meet- eastern Mediterranean. Absent demonstrable ed States reject this proposal. A decision was ing concludes today and drafting for the progress in these areas, the United States postponed until the Copenhagen Ministerial, Summit document will begin next week. should withhold consensus on any proposal scheduled for this December, and the Lisbon The privilege of hosting such a prestigious to hold an OSCE summit in Turkey. Document simply noted Turkey’s invitation. OSCE event should be reserved for partici- Sincerely, The United States should withhold consen- pating States that have demonstrated stead- ALFONSE D’AMATO, sus on any proposal to hold an OSCE summit fast support for Helsinki principles and U.S. Senator, Co- in Turkey until and unless Ankara has re- standards—particularly respect for human Chairman. leased the imprisoned Democracy Party rights—in word and in deed. The U.S. should CHRISTOPHER H. SMITH, (DEP) parliamentarians, journalists and oth- deny consensus on Turkey’s proposal to Member of Congress, ers detained for the non-violent expression of serve as host of an OSCE summit meeting Chairman. their views; ended the persecution of medical because of that country’s dismal human professionals and NGOs who provide treat- rights record. U.S. DEPARTMENT OF STATE, ment to victims of torture and expose human The United States Delegation to the OSCE Washington, DC, August 13, 1997. rights abuses; and begun to aggressively Review Meeting has raised a number of spe- Hon. CHRISTOPHER H. SMITH, prosecute those responsible for torture, in- cific examples that illustrate Turkey’s fla- Co-Chairman, Commission on Security and Co- cluding members of the security forces. grant violation of OSCE human rights com- operation in Europe, House of Representa- In addition, the United States should urge mitments and international humanitarian tives. the Government of Turkey to undertake ad- law, including the well-documented use of DEAR MR. CHAIRMAN: I am responding on ditional steps aimed at improving its human torture. The European Committee for the behalf of the Secretary of State to your July rights record, including abolishing Article 8 Prevention of Torture has found that inci- 15 letter regarding your concerns about the of the Anti-Terror Law, Article 312 of the dence of torture and ill-treatment in Turkey possible selection of Turkey as the venue for October 31, 1997 CONGRESSIONAL RECORD — SENATE S11553 the next summit meeting of the Organiza- This act may be cited as the ‘‘Education following flush sentence: ‘‘The age limita- tion for Security and Cooperation in Europe Savings Act for Public and Private Schools’’. tions in the preceding sentence shall not (OSCE). SEC. 2. MODIFICATIONS TO EDUCATION INDIVID- apply to any designated beneficiary with spe- The Department of State shares your con- UAL RETIREMENT ACCOUNTS. cial needs (as determined under regulations cerns about Turkey’s human rights record. (a) TAX-FREE EXPENDITURES FOR ELEMEN- prescribed by the Secretary).’’. All states participating in the OSCE are ex- TARY AND SECONDARY SCHOOL EXPENSES.— (d) CORPORATIONS PERMITTED TO CONTRIB- pected to adhere to the principles of the Hel- (1) IN GENERAL.—Section 530(b)(2) of the In- UTE TO ACCOUNTS.—Paragraph (1) of section sinki Final Act and other OSCE commit- ternal Revenue Code of 1986 is amended to 530(c) of the Internal Revenue Code of 1986 is ments, including respect for human rights read as follows: amended by striking ‘‘The maximum amount and fundamental freedoms. The U.S. Govern- ‘‘(2) QUALIFIED EDUCATION EXPENSES.— which a contributor’’ and inserting ‘‘In the ment has consistently called attention to ‘‘(A) IN GENERAL.—The term ‘qualified edu- case of a contributor who is an individual, human rights problems in Turkey and has cation expenses’ means— the maximum amount the contributor’’. urged improvements. It does not in any way ‘‘(i) qualified higher education expenses (as (e) EFFECTIVE DATE; REFERENCES.— condone Turkey’s, or any other OSCE defined in section 529(e)(3)), and (1) EFFECTIVE DATE.—The amendments state’s, failure to implement OSCE commit- ‘‘(ii) qualified elementary and secondary made by this section shall take effect as if ments. education expenses (as defined in paragraph included in the amendments made by section The OSCE, however, is also a means of ad- (4)) but only with respect to amounts in the 213 of the Taxpayer Relief Act of 1997. dressing and correcting human rights short- account which are attributable to contribu- (2) REFERENCES.—Any reference in this sec- comings. As you note in your letter, the tions for any taxable year ending before Jan- tion to any section of the Internal Revenue issue of Turkey’s human rights violations uary 1, 2003, and earnings on such contribu- Code of 1986 shall be a reference to such sec- was raised at the November OSCE Review tions. tion as added by the Taxpayer Relief Act of Meeting, and will likely continue to be Such expenses shall be reduced as provided 1997. raised at such meetings until Turkey dem- in section 25A(g)(2). SEC. 8. OVERRULING OF SCHMIDT BAKING COM- onstrates that it has taken concrete meas- ‘‘(B) QUALIFIED STATE TUITION PROGRAMS.— PANY CASE. ures to improve its record. Holding the sum- Such term shall include amounts paid or in- (a) IN GENERAL.—The Internal Revenue mit in Turkey could provide an opportunity curred to purchase tuition credits or certifi- Code of 1986 shall be applied without regard to influence Turkey to improve its human cates, or to make contributions to an ac- to the result reached in the case of Schmidt rights record. Baking Company, Inc. v. Commissioner of In- As you note, the Turkish government has count, under a qualified State tuition pro- ternal Revenue, 107 T.C. 271 (1996). made some effort to address problem areas, gram (as defined in section 529(b)) for the (b) REGULATIONS.— The Secretary of the through the relaxation of restrictions on benefit of the beneficiary of the account.’’. Treasury or the Secretary’s delegate shall freedom of expression and the recent promul- (2) QUALIFIED ELEMENTARY AND SECONDARY prescribe regulations to reflect subsection gation of legal reforms which, if fully imple- EDUCATION EXPENSES.—Section 530(b) of such (a). mented, would begin to address the torture Code is amended by adding at the end the (c) EFFECTIVE DATE.— problem. These measures are only a first following new paragraph: (1) IN GENERAL.—Subsections (a) and (b) step in addressing the problems that exist, ‘‘(4) QUALIFIED ELEMENTARY AND SECONDARY shall apply to taxable years beginning after but we believe they reflect the commitment EDUCATION EXPENSES.— October 8, 1997. of the Turkish government to address its ‘‘(A) IN GENERAL.—The term ‘qualified ele- (2) SPECIAL RULE FOR TAXABLE YEARS IN- human rights problems. We have been par- mentary and secondary education expenses’ CLUDING OCTOBER 8, 1997.—In the case of any ticularly encouraged by the positive attitude means tuition, fees, tutoring, special needs taxable year which includes October 8, 1997, the new government, which came to power services, books, supplies, computer equip- the amount of the deduction of any taxpayer July 12, has demonstrated in dealing with ment (including related software and serv- for vacation, severance, or sick pay shall be human rights issues. ices) and other equipment, transportation, As you know, the fifty-four nations of the and supplementary expenses required for the reduced by an amount equal to 60 percent of OSCE will discuss the question of a summit enrollment or attendance of the designated the excess (if any) of— venue. As in all OSCE decisions, any decision beneficiary of the trust at a public, private, (A) the amount of such deduction deter- will have to be arrived at through consensus, or religious school. mined without regard to this section, over which will likely take some time to achieve. ‘‘(B) SPECIAL RULE FOR HOMESCHOOLING.— (B) the amount of such deduction which In the meantime, the Department of State Such term shall include expenses described would be determined if subsections (a) and welcomes your views, and will seriously con- in subparagraph (A) required for education (b) applied to such taxable year. sider your concerns about the OSCE summit provided for homeschooling if the require- (3) CHANGE IN METHOD OF ACCOUNTING.—In site. I welcome your continuing input on this ments of any applicable State or local law the case of any taxpayer required by this issue, and thank you for your thoughtful let- are met with respect to such education. section to change its method of accounting ter. ‘‘(C) SCHOOL.—The term ‘school’ means any for its first taxable year beginning after Oc- We appreciate your letter and hope this in- school which provides elementary education tober 8, 1997— formation is helpful. Please do not hesitate or secondary education (through grade 12), as (A) such change shall be treated as initi- to contact us again if we can be of further determined under State law.’’. ated by the taxpayer. assistance. (3) CONFORMING AMENDMENTS.—Subsections (B) such change shall be treated as made Sincerely, (b)(1) and (d)(2) of section 530 of such Code with the consent of the Secretary of the BARBARA LARKIN, are each amended by striking ‘‘higher’’ each Treasury, and Assistant Secretary, place it appears in the text and heading (C) the net amount of the adjustments re- Legislative Affairs. thereof. quired to be taken into account by the tax- payer under section 481 of the Internal Reve- f (b) TEMPORARY INCREASE IN MAXIMUM AN- NUAL CONTRIBUTIONS.— nue Code of 1986 shall be taken into account AMENDMENTS SUBMITTED (1) IN GENERAL.—Section 530(b)(1)(A)(iii) of in a prorata manner during the 10-taxable the Internal Revenue Code of 1986 is amended year period beginning with such first taxable by striking ‘‘$500’’ and inserting ‘‘the con- year. THE EDUCATION SAVINGS ACT tribution limit for such taxable year’’. f FOR PUBLIC AND PRIVATE (2) CONTRIBUTION LIMIT.—Section 530(b) of SCHOOLS such Code is amended by adding at the end THE SMALL BUSINESS REAUTHOR- the following new paragraph: IZATION ACT OF 1997 HUBZONE ‘‘(4) CONTRIBUTION LIMIT.—The term ‘con- ACT OF 1997 LOTT AMENDMENT NO. 1542 tribution limit’ means $2,500 ($500 in the case of any taxable year ending after December (Ordered to lie on the table.) 31, 2002).’’. BOND AMENDMENT NO. 1543 Mr. LOTT submitted an amendment (3) CONFORMING AMENDMENTS.— intended to be proposed by him to the (A) Section 530(d)(4)(C) of such Code is Mr. BOND proposed an amendment to bill (H.R. 2646) to amend the Internal amended by striking ‘‘$500’’ and inserting the bill (S. 1139) to reauthorize the pro- Revenue Code of 1986 to allow tax-free ‘‘the contribution limit for such taxable grams of the Small Business Adminis- expenditures from education individual year’’. tration, and for other purposes; as fol- retirement accounts for elementary (B) Section 4973(e)(1)(A) of such Code is lows: and secondary school expenses, to in- amended by striking ‘‘$500’’ and inserting ‘‘the contribution limit (as defined in section In lieu of the matter proposed to be in- crease the maximum annual amount of 530(b)(4)) for such taxable year’’. serted, insert the following: contributions to such accounts, and for (c) WAIVER OF AGE LIMITATIONS FOR CHIL- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. other purposes; as follows: DREN WITH SPECIAL NEEDS.—Paragraph (1) of (a) SHORT TITLE.—This Act may be cited as Strike all after ‘‘1. SHORT’’ and insert section 530(b) of the Internal Revenue Code the ‘‘Small Business Reauthorization Act of ‘‘TITLE. of 1986 is amended by adding at the end the 1997’’. S11554 CONGRESSIONAL RECORD — SENATE October 31, 1997

(b) TABLE OF CONTENTS.—The table of con- Sec. 505. Asset sales. ‘‘(i) $700,000,000 in purchases of participat- tents for this Act is as follows: Sec. 506. Small business export promotion. ing securities; and Sec. 1. Short title; table of contents. Sec. 507. Defense Loan and Technical Assist- ‘‘(ii) $600,000,000 in guarantees of deben- Sec. 2. Definitions. ance program. tures. Sec. 3. Effective date. Sec. 508. Very small business concerns. ‘‘(D) For the programs authorized by part Sec. 509. Trade assistance program for small B of title IV of the Small Business Invest- TITLE I—AUTHORIZATIONS business concerns adversely af- ment Act of 1958, the Administration is au- Sec. 101. Authorizations. fected by NAFTA. thorized to enter into guarantees not to ex- TITLE II—FINANCIAL ASSISTANCE TITLE VI—HUBZONE PROGRAM ceed $2,000,000,000, of which not more than Subtitle A—Microloan Program Sec. 601. Short title. $650,000,000 may be in bonds approved pursu- Sec. 201. Microloan program. Sec. 602. Historically underutilized business ant to section 411(a)(3) of that Act. Sec. 202. Welfare-to-work microloan initia- zones. ‘‘(E) The Administration is authorized to tive. Sec. 603. Technical and conforming amend- make grants or enter into cooperative agree- ments to the Small Business ments— Subtitle B—Small Business Investment Act. ‘‘(i) for the Service Corps of Retired Execu- Company Program Sec. 604. Other technical and conforming tives program authorized by section 8(b)(1), Sec. 211. 5-year commitments for SBICs at amendments. $4,000,000; and option of Administrator. Sec. 605. Regulations. ‘‘(ii) for activities of small business devel- Sec. 212. Underserved areas. Sec. 606. Report. opment centers pursuant to section Sec. 213. Private capital. Sec. 607. Authorization of appropriations. 21(c)(3)(G), $15,000,000, to remain available Sec. 214. Fees. TITLE VII—SERVICE DISABLED until expended. Sec. 215. Small business investment com- VETERANS ‘‘(2) ADDITIONAL AUTHORIZATIONS.— pany program reform. Sec. 701. Purposes. ‘‘(A) There are authorized to be appro- Sec. 216. Examination fees. Sec. 702. Definitions. priated to the Administration for fiscal year Subtitle C—Certified Development Company Sec. 703. Report by Small Business Adminis- 1998 such sums as may be necessary to carry Program tration. out this Act, including administrative ex- Sec. 221. Loans for plant acquisition, con- Sec. 704. Information collection. penses and necessary loan capital for disas- struction, conversion, and ex- Sec. 705. State of small business report. ter loans pursuant to section 7(b), and to pansion. Sec. 706. Loans to veterans. carry out the Small Business Investment Act Sec. 222. Development company debentures. Sec. 707. Entrepreneurial training, counsel- of 1958, including salaries and expenses of the Sec. 223. Premier certified lenders program. ing, and management assist- Administration. ance. ‘‘(B) Notwithstanding subparagraph (A), Subtitle D—Miscellaneous Provisions Sec. 708. Grants for eligible veterans’ out- for fiscal year 1998— Sec. 231. Background check of loan appli- reach programs. ‘‘(i) no funds are authorized to be provided cants. Sec. 709. Outreach for eligible veterans. to carry out the loan program authorized by Sec. 232. Report on increased lender ap- SEC. 2. DEFINITIONS. section 7(a)(21) except by transfer from an- proval, servicing, foreclosure, In this Act— other Federal department or agency to the liquidation, and litigation of (1) the term ‘‘Administration’’ means the Administration, unless the program level au- section 7(a) loans. Small Business Administration; thorized for general business loans under Sec. 233. Completion of planning for loan (2) the term ‘‘Administrator’’ means the paragraph (1)(B)(i) is fully funded; and monitoring system. Administrator of the Small Business Admin- ‘‘(ii) the Administration may not approve TITLE III—WOMEN’S BUSINESS istration; loans on behalf of the Administration or on ENTERPRISES (3) the term ‘‘Committees’’ means the behalf of any other department or agency, by Sec. 301. Interagency committee participa- Committees on Small Business of the House contract or otherwise, under terms and con- tion. of Representatives and the Senate; and ditions other than those specifically author- Sec. 302. Reports. (4) the term ‘‘small business concern’’ has ized under this Act or the Small Business In- Sec. 303. Council duties. the meaning given the term in section 3 of vestment Act of 1958, except that it may ap- Sec. 304. Council membership. the Small Business Act (15 U.S.C. 632). prove loans under section 7(a)(21) of this Act in gross amounts of not more than $1,250,000. Sec. 305. Authorization of appropriations. SEC. 3. EFFECTIVE DATE. ‘‘(d) FISCAL YEAR 1999.— Sec. 306. National Women’s Business Council This Act and the amendments made by ‘‘(1) PROGRAM LEVELS.—The following pro- procurement project. this Act shall take effect on October 1, 1997. gram levels are authorized for fiscal year Sec. 307. Studies and other research. TITLE I—AUTHORIZATIONS 1999: Sec. 308. Women’s business centers. SEC. 101. AUTHORIZATIONS. ‘‘(A) For the programs authorized by this TITLE IV—COMPETITIVENESS PROGRAM Section 20 of the Small Business Act (15 Act, the Administration is authorized to AND PROCUREMENT OPPORTUNITIES U.S.C. 631 note) is amended by striking sub- make— Subtitle A—Small Business Competitiveness sections (c) through (q) and inserting the fol- ‘‘(i) $40,000,000 in technical assistance Program lowing: grants as provided in section 7(m); and Sec. 401. Program term. ‘‘(c) FISCAL YEAR 1998.— ‘‘(ii) $60,000,000 in direct loans, as provided Sec. 402. Monitoring agency performance. ‘‘(1) PROGRAM LEVELS.—The following pro- in section 7(m). Sec. 403. Reports to Congress. gram levels are authorized for fiscal year ‘‘(B) For the programs authorized by this Sec. 404. Small business participation in 1998: Act, the Administration is authorized to dredging. ‘‘(A) For the programs authorized by this make $17,540,000,000 in deferred participation Sec. 405. Technical amendments. Act, the Administration is authorized to loans and other financings. Of such sum, the Subtitle B—Small Business Procurement make— Administration is authorized to make— Opportunities Program ‘‘(i) $40,000,000 in technical assistance ‘‘(i) $13,000,000,000 in general business loans grants, as provided in section 7(m); and as provided in section 7(a); Sec. 411. Contract bundling. ‘‘(ii) $60,000,000 in direct loans, as provided ‘‘(ii) $3,500,000,000 in financings as provided Sec. 412. Definition of contract bundling. in section 7(m). in section 7(a)(13) of this Act and section 504 Sec. 413. Assessing proposed contract bun- ‘‘(B) For the programs authorized by this of the Small Business Investment Act of dling. Act, the Administration is authorized to 1958; Sec. 414. Reporting of bundled contract op- make $16,040,000,000 in deferred participation ‘‘(iii) $1,000,000,000 in loans as provided in portunities. loans and other financings. Of such sum, the section 7(a)(21); and Sec. 415. Evaluating subcontract participa- Administration is authorized to make— ‘‘(iv) $40,000,000 in loans as provided in sec- tion in awarding contracts. ‘‘(i) $12,000,000,000 in general business loans tion 7(m). Sec. 416. Improved notice of subcontracting as provided in section 7(a); ‘‘(C) For the programs authorized by title opportunities. ‘‘(ii) $3,000,000,000 in financings as provided III of the Small Business Investment Act of Sec. 417. Deadlines for issuance of regula- in section 7(a)(13) of this Act and section 504 1958, the Administration is authorized to tions. of the Small Business Investment Act of make— TITLE V—MISCELLANEOUS PROVISIONS 1958; ‘‘(i) $800,000,000 in purchases of participat- Sec. 501. Small Business Technology Trans- ‘‘(iii) $1,000,000,000 in loans as provided in ing securities; and fer program. section 7(a)(21); and ‘‘(ii) $700,000,000 in guarantees of deben- Sec. 502. Small Business Development Cen- ‘‘(iv) $40,000,000 in loans as provided in sec- tures. ters. tion 7(m). ‘‘(D) For the programs authorized by part Sec. 503. Pilot preferred surety bond guaran- ‘‘(C) For the programs authorized by title B of title IV of the Small Business Invest- tee program extension. III of the Small Business Investment Act of ment Act of 1958, the Administration is au- Sec. 504. Extension of cosponsorship author- 1958, the Administration is authorized to thorized to enter into guarantees not to ex- ity. make— ceed $2,000,000,000, of which not more than October 31, 1997 CONGRESSIONAL RECORD — SENATE S11555 $650,000,000 may be in bonds approved pursu- ‘‘(ii) for activities of small business devel- graph (1)(B)(ii) to enter into third party con- ant to section 411(a)(3) of that Act. opment centers pursuant to section tracts for the provision of technical assist- ‘‘(E) The Administration is authorized to 21(c)(3)(G), not to exceed $15,000,000, to re- ance.’’; and make grants or enter cooperative agree- main available until expended. (2) in paragraph (5)(A)— ments— ‘‘(2) ADDITIONAL AUTHORIZATIONS.— (A) by striking ‘‘in each of the 5 years of ‘‘(i) for the Service Corps of Retired Execu- ‘‘(A) There are authorized to be appro- the demonstration program established tives program authorized by section 8(b)(1), priated to the Administration for fiscal year under this subsection,’’; and $4,500,000; and 2000 such sums as may be necessary to carry (B) by striking ‘‘for terms of up to 5 years’’ ‘‘(ii) for activities of small business devel- out this Act, including administrative ex- and inserting ‘‘annually’’. opment centers pursuant to section penses and necessary loan capital for disas- 21(c)(3)(G), not to exceed $15,000,000, to re- ter loans pursuant to section 7(b), and to SEC. 202. WELFARE-TO-WORK MICROLOAN INITIA- main available until expended. carry out the Small Business Investment Act TIVE. ‘‘(2) ADDITIONAL AUTHORIZATIONS.— of 1958, including salaries and expenses of the (a) INITIATIVE.—Section 7(m) of the Small ‘‘(A) There are authorized to be appro- Administration. Business Act (15 U.S.C. 636(m)) is amended— priated to the Administration for fiscal year ‘‘(B) Notwithstanding subparagraph (A), (1) in paragraph (1)(A)— 1999 such sums as may be necessary to carry for fiscal year 2000— (A) in clause (ii), by striking ‘‘and’’ at the out this Act, including administrative ex- ‘‘(i) no funds are authorized to be provided end; penses and necessary loan capital for disas- to carry out the loan program authorized by (B) in clause (iii), by striking the period at ter loans pursuant to section 7(b), and to section 7(a)(21) except by transfer from an- the end and inserting ‘‘; and’’; and carry out the Small Business Investment Act other Federal department or agency to the (C) by adding at the end the following: of 1958, including salaries and expenses of the Administration, unless the program level au- ‘‘(iv) to establish a welfare-to-work Administration. thorized for general business loans under microloan initiative, which shall be adminis- ‘‘(B) Notwithstanding subparagraph (A), paragraph (1)(B)(i) is fully funded; and tered by the Administration, in order to test for fiscal year 1999— ‘‘(ii) the Administration may not approve the feasibility of supplementing the tech- ‘‘(i) no funds are authorized to be provided loans on behalf of the Administration or on nical assistance grants provided under to carry out the loan program authorized by behalf of any other department or agency, by clauses (ii) and (iii) of subparagraph (B) to section 7(a)(21) except by transfer from an- contract or otherwise, under terms and con- individuals who are receiving assistance other Federal department or agency to the ditions other than those specifically author- under the State program funded under part Administration, unless the program level au- ized under this Act or the Small Business In- A of title IV of the Social Security Act (42 thorized for general business loans under vestment Act of 1958, except that it may ap- U.S.C. 601 et seq.), or under any comparable paragraph (1)(B)(i) is fully funded; and prove loans under section 7(a)(21) of this Act State funded means tested program of assist- ‘‘(ii) the Administration may not approve in gross amounts of not more than ance for low-income individuals, in order to loans on behalf of the Administration or on $1,250,000.’’. adequately assist those individuals in— behalf of any other department or agency, by TITLE II—FINANCIAL ASSISTANCE ‘‘(I) establishing small businesses; and contract or otherwise, under terms and con- Subtitle A—Microloan Program ‘‘(II) eliminating their dependence on that ditions other than those specifically author- SEC. 201. MICROLOAN PROGRAM. assistance.’’; ized under this Act or the Small Business In- (a) LOAN LIMITS.—Section 7(m)(3)(C) of the (2) in paragraph (4), by adding at the end vestment Act of 1958, except that it may ap- Small Business Act (15 U.S.C. 636(m)(3)(C)) is the following: prove loans under section 7(a)(21) of this Act amended by striking ‘‘$2,500,000’’ and insert- ‘‘(F) SUPPLEMENTAL GRANT.— in gross amounts of not more than $1,250,000. ing ‘‘$3,500,000’’. ‘‘(i) IN GENERAL.—The Administration may ‘‘(e) FISCAL YEAR 2000.— (b) LOAN LOSS RESERVE FUND.—Section accept any funds transferred to the Adminis- ‘‘(1) PROGRAM LEVELS.—The following pro- 7(m)(3)(D) of the Small Business Act (15 tration from other departments or agencies gram levels are authorized for fiscal year U.S.C. 636(m)(3)(D)) is amended by striking of the Federal Government to make grants 2000: clauses (i) and (ii), and inserting the follow- in accordance with this subparagraph and ‘‘(A) For the programs authorized by this ing: section 202(b) of the Small Business Reau- Act, the Administration is authorized to ‘‘(i) during the initial 5 years of the thorization Act of 1997 to participating make— intermediary’s participation in the program intermediaries and technical assistance pro- ‘‘(i) $40,000,000 in technical assistance under this subsection, at a level equal to not viders under paragraph (5), for use in accord- grants as provided in section 7(m); and more than 15 percent of the outstanding bal- ance with clause (iii) to provide additional ‘‘(ii) $60,000,000 in direct loans, as provided ance of the notes receivable owed to the technical assistance and related services to in section 7(m). intermediary; and recipients of assistance under a State pro- ‘‘(B) For the programs authorized by this ‘‘(ii) in each year of participation there- gram described in paragraph (1)(A)(iv) at the Act, the Administration is authorized to after, at a level equal to not more than the time they initially apply for assistance make $20,040,000,000 in deferred participation greater of— under this subparagraph. loans and other financings. Of such sum, the ‘‘(I) 2 times an amount reflecting the total ‘‘(ii) ELIGIBLE RECIPIENTS; GRANT Administration is authorized to make— losses of the intermediary as a result of par- AMOUNTS.—In making grants under this sub- ‘‘(i) $14,500,000,000 in general business loans ticipation in the program under this sub- paragraph, the Administration may select, as provided in section 7(a); section, as determined by the Administrator from among participating intermediaries ‘‘(ii) $4,500,000,000 in financings as provided on a case-by-case basis; or and technical assistance providers described in section 7(a)(13) of this Act and section 504 ‘‘(II) 10 percent of the outstanding balance in clause (i), not more than 20 grantees in of the Small Business Investment Act of of the notes receivable owed to the fiscal year 1998, not more than 25 grantees in 1958; intermediary.’’. fiscal year 1999, and not more than 30 grant- ‘‘(iii) $1,000,000,000 in loans as provided in (c) AUTHORIZATION OF APPROPRIATIONS.— ees in fiscal year 2000, each of whom may re- section 7(a)(21); and Section 7(m) of the Small Business Act (15 ceive a grant under this subparagraph in an ‘‘(iv) $40,000,000 in loans as provided in sec- U.S.C. 636(m)) is amended— amount not to exceed $200,000 per year. tion 7(m). (1) in the subsection heading, by striking ‘‘(iii) USE OF GRANT AMOUNTS.—Grants ‘‘(C) For the programs authorized by title ‘‘DEMONSTRATION’’; under this subparagraph— III of the Small Business Investment Act of (2) by striking ‘‘Demonstration’’ each place ‘‘(I) are in addition to other grants pro- 1958, the Administration is authorized to that term appears; vided under this subsection and shall not re- make— (3) by striking ‘‘demonstration’’ each place quire the contribution of matching amounts ‘‘(i) $900,000,000 in purchases of participat- that term appears; and as a condition of eligibility; and ing securities; and (4) in paragraph (12), by striking ‘‘during ‘‘(II) may be used by a grantee— ‘‘(ii) $800,000,000 in guarantees of deben- fiscal years 1995 through 1997’’ and inserting ‘‘(aa) to pay or reimburse a portion of child tures. ‘‘during fiscal years 1998 through 2000’’. care and transportation costs of recipients of ‘‘(D) For the programs authorized by part (d) TECHNICAL ASSISTANCE GRANTS.—Sec- assistance described in clause (i), to the ex- B of title IV of the Small Business Invest- tion 7(m) of the Small Business Act (15 tent such costs are not otherwise paid by ment Act of 1958, the Administration is au- U.S.C. 636(m)) is amended— State block grants under the Child Care De- thorized to enter into guarantees not to ex- (1) in paragraph (4)(E)— velopment Block Grant Act of 1990 (42 U.S.C. ceed $2,000,000,000, of which not more than (A) by striking ‘‘Each intermediary’’ and 9858 et seq.) or under part A of title IV of the $650,000,000 may be in bonds approved pursu- inserting the following: Social Security Act (42 U.S.C. 601 et seq.); ant to section 411(a)(3) of that Act. ‘‘(i) IN GENERAL.—Each intermediary’’; and ‘‘(E) The Administration is authorized to (B) by striking ‘‘15’’ and inserting ‘‘25’’; ‘‘(bb) for marketing, management, and make grants or enter cooperative agree- and technical assistance to recipients of assist- ments— (C) by adding at the end the following: ance described in clause (i). ‘‘(i) for the Service Corps of Retired Execu- ‘‘(ii) TECHNICAL ASSISTANCE.—An ‘‘(iv) MEMORANDUM OF UNDERSTANDING.— tives program authorized by section 8(b)(1), intermediary may expend not more than 25 Prior to accepting any transfer of funds $5,000,000; and percent of the funds received under para- under clause (i) from a department or agency S11556 CONGRESSIONAL RECORD — SENATE October 31, 1997

of the Federal Government, the Administra- ‘‘(B) LEVERAGE.—An applicant licensed or companies that are commonly controlled tion shall enter into a Memorandum of Un- pursuant to the exception provided in this (as determined by the Administrator) may derstanding with the department or agency, paragraph shall not be eligible to receive le- not exceed $90,000,000, as adjusted annually which shall— verage as a licensee until the applicant satis- for increases in the Consumer Price Index. ‘‘(I) specify the terms and conditions of the fies the requirements of section 302(a), unless ‘‘(B) EXCEPTIONS.—The Administrator may, grants under this subparagraph; and the applicant— on a case-by-case basis— ‘‘(II) provide for appropriate monitoring of ‘‘(i) files an application for a license not ‘‘(i) approve an amount of leverage that ex- expenditures by each grantee under this sub- later than 180 days after the date of enact- ceeds the amount described in subparagraph paragraph and each recipient of assistance ment of the Small Business Reauthorization (A) for companies under common control; described in clause (i) who receives assist- Act of 1997; and ance from a grantee under this subpara- ‘‘(ii) is located in a State that is not served ‘‘(ii) impose such additional terms and con- graph, in order to ensure compliance with by a licensee; and ditions as the Administrator determines to this subparagraph by those grantees and re- ‘‘(iii) agrees to be limited to 1 tier of lever- be appropriate to minimize the risk of loss to cipients of assistance.’’; age available under section 302(b), until the the Administration in the event of default. (3) in paragraph (6), by adding at the end applicant meets the requirements of section ‘‘(C) APPLICABILITY OF OTHER PROVISIONS.— the following: 302(a).’’. Any leverage that is issued to a company or ‘‘(E) ESTABLISHMENT OF CHILD CARE OR SEC. 213. PRIVATE CAPITAL. companies commonly controlled in an TRANSPORTATION BUSINESSES.—In addition to Section 103(9)(B)(iii) of the Small Business amount that exceeds $90,000,000, whether as a other eligible small businesses concerns, bor- Investment Act of 1958 (15 U.S.C. result of an increase in the Consumer Price rowers under any program under this sub- 662(9)(B)(iii)) is amended— Index or a decision of the Administrator, is section may include individuals who will use (1) by redesignating subclauses (I) and (II) subject to subsection (d).’’; and the loan proceeds to establish for-profit or as subclauses (II) and (III), respectively; and (2) by striking subsection (d) and inserting nonprofit child care establishments or busi- (2) by inserting before subclause (II) (as re- the following: nesses providing for-profit transportation designated) the following: ‘‘(d) REQUIRED CERTIFICATIONS.— services.’’; ‘‘(I) funds obtained from the business reve- ‘‘(1) IN GENERAL.—The Administrator shall (4) in paragraph (9)— nues (excluding any governmental appropria- require each licensee, as a condition of ap- (A) by striking the paragraph designation tion) of any federally chartered or govern- proval of an application for leverage, to cer- and paragraph heading and inserting the fol- ment-sponsored corporation established tify in writing— lowing: prior to October 1, 1987;’’. ‘‘(A) for licensees with leverage less than ‘‘(9) GRANTS FOR MANAGEMENT, MARKETING, SEC. 214. FEES. or equal to $90,000,000, that not less than 20 TECHNICAL ASSISTANCE, AND RELATED SERV- percent of the licensee’s aggregate dollar ICES.—’’; and Section 301 of the Small Business Invest- ment Act of 1958 (15 U.S.C. 681) is amended by amount of financings will be provided to (B) by adding at the end the following: smaller enterprises; and ‘‘(C) WELFARE-TO-WORK MICROLOAN INITIA- adding at the end the following: ‘‘(e) FEES.— ‘‘(B) for licensees with leverage in excess of TIVE.—Of amounts made available to carry $90,000,000, that, in addition to satisfying the out the welfare-to-work microloan initiative ‘‘(1) IN GENERAL.—The Administration may requirements of subparagraph (A), 100 per- under paragraph (1)(A)(iv) in any fiscal year, prescribe fees to be paid by each applicant cent of the licensee’s aggregate dollar the Administration may use not more than 5 for a license to operate as a small business amount of financings made in whole or in percent to provide technical assistance, ei- investment company under this Act. part with leverage in excess of $90,000,000 will ther directly or through contractors, to wel- ‘‘(2) USE OF AMOUNTS.—Fees collected be provided to smaller enterprises (as defined fare-to-work microloan initiative grantees, under this subsection— in section 103(12)). to ensure that, as grantees, they have the ‘‘(A) shall be deposited in the account for ‘‘(2) MULTIPLE LICENSEES.—Multiple licens- knowledge, skills, and understanding of salaries and expenses of the Administration; ees under common control (as determined by microlending and welfare-to-work transi- and the Administrator) shall be considered to be tion, and other related issues, to operate a ‘‘(B) are authorized to be appropriated a single licensee for purposes of determining successful welfare-to-work microloan initia- solely to cover the costs of licensing exami- tive.’’; and nations.’’. both the applicability of and compliance with the investment percentage require- (5) by adding at the end the following: SEC. 215. SMALL BUSINESS INVESTMENT COM- ments of this subsection.’’. ‘‘(13) EVALUATION OF WELFARE-TO-WORK PANY PROGRAM REFORM. (c) TAX DISTRIBUTIONS.—Section 303(g)(8) of MICROLOAN INITIATIVE.—On January 31, 1999, (a) BANK INVESTMENTS.—Section 302(b) of and annually thereafter, the Administration the Small Business Investment Act of 1958 the Small Business Investment Act of 1958 shall submit to the Committees on Small (15 U.S.C. 682(b)) is amended by striking (15 U.S.C. 683(g)(8)) is amended by adding at Business of the House of Representatives and ‘‘1956,’’ and all that follows before the period the end the following: ‘‘A company may also the Senate a report on any monies distrib- and inserting the following: ‘‘1956, any na- elect to make a distribution under this para- uted pursuant to paragraph (4)(F).’’. tional bank, or any member bank of the Fed- graph at the end of any calendar quarter (b) TRANSFER OF FUNDS.— eral Reserve System or nonmember insured based on a quarterly estimate of the maxi- (1) IN GENERAL.—No funds are authorized to bank to the extent permitted under applica- mum tax liability. If a company makes 1 or be appropriated or otherwise provided to ble State law, may invest in any 1 or more more quarterly distributions for a calendar carry out the grant program under section small business investment companies, or in year, and the aggregate amount of those dis- 7(m)(4)(F) of the Small Business Act (15 any entity established to invest solely in tributions exceeds the maximum amount U.S.C. 636(m)(4)(F)) (as added by this sec- small business investment companies, except that the company could have distributed tion), except by transfer from another de- that in no event shall the total amount of based on a single annual computation, any partment or agency of the Federal Govern- such investments of any such bank exceed 5 subsequent distribution by the company ment to the Administration in accordance percent of the capital and surplus of the under this paragraph shall be reduced by an with this subsection. bank’’. amount equal to the excess amount distrib- (2) LIMITATION ON AMOUNTS.—The total (b) INDEXING FOR LEVERAGE.—Section 303 of uted.’’. amount transferred to the Administration the Small Business Investment Act of 1958 (d) LEVERAGE FEE.—Section 303(i) of the from other departments and agencies of the (15 U.S.C. 683) is amended— Small Business Investment Act of 1958 (15 Federal Government to carry out the grant (1) in subsection (b)— U.S.C. 683(i)) is amended by striking ‘‘, pay- program under section 7(m)(4)(F) of the (A) in paragraph (2), by adding at the end able upon’’ and all that follows before the pe- Small Business Act (15 U.S.C. 636(m)(4)(F)) the following: riod and inserting the following: ‘‘in the fol- (as added by this section) shall not exceed— ‘‘(D)(i) The dollar amounts in subpara- lowing manner: 1 percent upon the date on (A) $3,000,000 for fiscal year 1998; graphs (A), (B), and (C) shall be adjusted an- which the Administration enters into any (B) $4,000,000 for fiscal year 1999; and nually to reflect increases in the Consumer commitment for such leverage with the li- (C) $5,000,000 for fiscal year 2000. Price Index established by the Bureau of censee, and the balance of 2 percent (or 3 per- Subtitle B—Small Business Investment Labor Statistics of the Department of Labor. cent if no commitment has been entered into Company Program ‘‘(ii) The initial adjustments made under by the Administration) on the date on which the leverage is drawn by the licensee’’. SEC. 211. 5-YEAR COMMITMENTS FOR SBICs AT this subparagraph after the date of enact- OPTION OF ADMINISTRATOR. ment of the Small Business Reauthorization (e) PERIODIC ISSUANCE OF GUARANTEES AND Section 20(a)(2) of the Small Business Act Act of 1997 shall reflect only increases from TRUST CERTIFICATES.—Section 320 of the (15 U.S.C. 631 note) is amended in the last March 31, 1993.’’; and Small Business Investment Act of 1958 (15 sentence by striking ‘‘the following fiscal (B) by striking paragraph (4) and inserting U.S.C. 687m) is amended by striking ‘‘three year’’ and inserting ‘‘any 1 or more of the 4 the following: months’’ and inserting ‘‘6 months’’. subsequent fiscal years’’. ‘‘(4) MAXIMUM AGGREGATE AMOUNT OF LE- SEC. 216. EXAMINATION FEES. SEC. 212. UNDERSERVED AREAS. VERAGE.— Section 310(b) of the Small Business In- Section 301(c)(4)(B) of the Small Business ‘‘(A) IN GENERAL.—Except as provided in vestment Act of 1958 (15 U.S.C. 687b(b)) is Investment Act of 1958 (15 U.S.C. 681(c)(4)(B)) subparagraph (B), the aggregate amount of amended by inserting after the first sentence is amended to read as follows: outstanding leverage issued to any company the following: ‘‘Fees collected under this October 31, 1997 CONGRESSIONAL RECORD — SENATE S11557 subsection shall be deposited in the account the company submits an application under the conduct of any such litigation to which for salaries and expenses of the Administra- paragraph (1), except that the Administra- a premier certified lender is a party), and tion, and are authorized to be appropriated tion may waive this requirement if the com- liquidate loans’’; solely to cover the costs of examinations and pany is qualified to participate in the ac- (5) in subsection (f), by striking ‘‘State or other program oversight activities.’’. credited lenders program; local’’ and inserting ‘‘certified’’; Subtitle C—Certified Development Company ‘‘(B) if the company has a history of— (6) in subsection (g), by striking the sub- Program ‘‘(i) submitting to the Administration ade- section heading and inserting the following: quately analyzed debenture guarantee appli- ‘‘(g) EFFECT OF SUSPENSION OR REVOCA- SEC. 221. LOANS FOR PLANT ACQUISITION, CON- STRUCTION, CONVERSION, AND EX- cation packages; and TION.—’’; PANSION. ‘‘(ii) of properly closing section 504 loans (7) by striking subsection (h) and inserting Section 502 of the Small Business Invest- and servicing its loan portfolio;’’; the following: ment Act of 1958 (15 U.S.C. 696) is amended— (iii) in subparagraph (C)— ‘‘(h) PROGRAM GOALS.—Each certified de- (1) by striking paragraph (1) and inserting (I) by inserting ‘‘if the company’’ after velopment company participating in the pro- the following: ‘‘(C)’’; and gram under this section shall establish a (II) by striking the period at the end and ‘‘(1) USE OF PROCEEDS.—The proceeds of goal of processing a minimum of not less any such loan shall be used solely by the bor- inserting ‘‘; and’’; and than 50 percent of the loan applications for rower to assist 1 or more identifiable small (iv) by adding at the end the following: assistance under section 504 pursuant to the business concerns and for a sound business ‘‘(D) the Administrator determines, with program authorized under this section.’’; and purpose approved by the Administration.’’; respect to the company, that the loss reserve (8) in subsection (i), by striking ‘‘other (2) in paragraph (3), by adding at the end established in accordance with subsection lenders’’ and inserting ‘‘other lenders, spe- (c)(2) is sufficient for the company to meet the following: cifically comparing default rates and recov- its obligations to protect the Federal Gov- ‘‘(D) SELLER FINANCING.—Seller-provided ery rates on liquidations’’. ernment from risk of loss.’’; and financing may be used to meet the require- (b) REGULATIONS.—The Administrator (B) by adding at the end the following: ments of subparagraph (B), if the seller sub- shall— ‘‘(3) APPLICABILITY OF CRITERIA AFTER DES- ordinates the interest of the seller in the (1) not later than 150 days after the date of IGNATION.—The Administrator may revoke property to the debenture guaranteed by the enactment of this Act, promulgate regula- the designation of a certified development Administration. tions to carry out the amendments made by company as a premier certified lender under ‘‘(E) COLLATERALIZATION.—The collateral subsection (a); and this section at any time, if the Adminis- provided by the small business concern shall (2) not later than 180 days after the date of trator determines that the certified develop- generally include a subordinate lien position enactment of this Act, issue program guide- ment company does not meet any require- lines and fully implement the amendments on the property being financed under this ment described in subparagraphs (A) through title, and is only 1 of the factors to be evalu- made by subsection (a). (D) of paragraph (2).’’; (c) PROGRAM EXTENSION.—Section 217(b) of ated in the credit determination. Additional (3) by striking subsection (c) and inserting collateral shall be required only if the Ad- the Small Business Reauthorization and the following: Amendments Act of 1994 (15 U.S.C. 697e note) ministration determines, on a case by case ‘‘(c) LOSS RESERVE.— is amended by striking ‘‘October 1, 1997’’ and basis, that additional security is necessary ‘‘(1) ESTABLISHMENT.—A company des- inserting ‘‘October 1, 2000’’. to protect the interest of the Government.’’; ignated as a premier certified lender shall es- and tablish a loss reserve for financing approved Subtitle D—Miscellaneous Provisions (3) by adding at the end the following: pursuant to this section. SEC. 231. BACKGROUND CHECK OF LOAN APPLI- ‘‘(5) LIMITATION ON LEASING.—In addition to ‘‘(2) AMOUNT.—The amount of each loss re- CANTS. any portion of the project permitted to be serve established under paragraph (1) shall Section 7(a) of the Small Business Act (15 leased under paragraph (4), not to exceed 20 be 10 percent of the amount of the company’s U.S.C. 636(a)) is amended— percent of the project may be leased by the exposure, as determined under subsection (1) by striking ‘‘(a) The Administration’’ assisted small business to 1 or more other (b)(2)(C). and inserting the following: tenants, if the assisted small business occu- ‘‘(3) ASSETS.—Each loss reserve established ‘‘(a) LOANS TO SMALL BUSINESS CONCERNS; pies permanently and uses not less than a under paragraph (1) shall be comprised of— ALLOWABLE PURPOSES; QUALIFIED BUSINESS; total of 60 percent of the space in the project ‘‘(A) segregated funds on deposit in an ac- RESTRICTIONS AND LIMITATIONS.—The Admin- after the execution of any leases authorized count or accounts with a federally insured istration’’; and under this section.’’. depository institution or institutions se- (2) in paragraph (1)— SEC. 222. DEVELOPMENT COMPANY DEBEN- lected by the company, subject to a collat- (A) by striking ‘‘(1) No financial’’ and in- TURES. eral assignment in favor of, and in a format serting the following: Section 503 of the Small Business Invest- acceptable to, the Administration; ‘‘(1) IN GENERAL.— ment Act of 1958 (15 U.S.C. 697) is amended— ‘‘(B) irrevocable letter or letters of credit, ‘‘(A) CREDIT ELSEWHERE.—No financial’’; (1) in subsection (b)(7), by striking sub- with a collateral assignment in favor of, and and paragraph (A) and inserting the following: a commercially reasonable format accept- (B) by adding at the end the following: ‘‘(A) assesses and collects a fee, which shall able to, the Administration; or ‘‘(B) BACKGROUND CHECKS.—Prior to the ap- be payable by the borrower, in an amount es- ‘‘(C) any combination of the assets de- proval of any loan made pursuant to this tablished annually by the Administration, scribed in subparagraphs (A) and (B). subsection, or section 503 of the Small Busi- which amount shall not exceed the lesser ‘‘(4) CONTRIBUTIONS.—The company shall ness Investment Act of 1958, the Adminis- of— make contributions to the loss reserve, ei- trator may verify the applicant’s criminal ‘‘(i) 0.9375 percent per year of the outstand- ther cash or letters of credit as provided background, or lack thereof, through the ing balance of the loan; and above, in the following amounts and at the best available means, including, if possible, ‘‘(ii) the minimum amount necessary to re- following intervals: use of the National Crime Information Cen- duce the cost (as defined in section 502 of the ‘‘(A) 50 percent when a debenture is closed. ter computer system at the Federal Bureau Federal Credit Reform Act of 1990) to the Ad- ‘‘(B) 25 percent additional not later than 1 of Investigation.’’. ministration of purchasing and guaranteeing year after a debenture is closed. SEC. 232. REPORT ON INCREASED LENDER AP- debentures under this Act to zero; and’’; and ‘‘(C) 25 percent additional not later than 2 PROVAL, SERVICING, FORE- (2) in subsection (f), by striking ‘‘1997’’ and years after a debenture is closed. CLOSURE, LIQUIDATION, AND LITI- inserting ‘‘2000’’. ‘‘(5) REPLENISHMENT.—If a loss has been GATION OF SECTION 7(a) LOANS. SEC. 223. PREMIER CERTIFIED LENDERS PRO- sustained by the Administration, any por- (a) IN GENERAL.— GRAM. tion of the loss reserve, and other funds pro- (1) SUBMISSION.—Not later than 6 months (a) IN GENERAL.—Section 508 of the Small vided by the premier company as necessary, after the date of enactment of this Act, the Business Investment Act of 1958 (15 U.S.C. may be used to reimburse the Administra- Administrator shall submit to the Commit- 697e) is amended— tion for the premier company’s 10 percent tees a report on action taken and planned for (1) in subsection (a), by striking ‘‘not more share of the loss as provided in subsection future reliance on private sector lender re- than 15’’; (b)(2)(C). If the company utilizes the reserve, sources to originate, approve, close, service, (2) in subsection (b)— within 30 days it shall replace an equivalent liquidate, foreclose, and litigate loans made (A) in paragraph (2)— amount of funds. under section 7(a) of the Small Business Act. (i) in the matter preceding subparagraph ‘‘(6) DISBURSEMENTS.—The Administration (2) CONTENTS.—The report under this sub- (A), by striking ‘‘if such company’’; shall allow the certified development com- section shall address administrative and (ii) by striking subparagraphs (A) and (B) pany to withdraw from the loss reserve other steps necessary to achieve the results and inserting the following: amounts attributable to any debenture that described in paragraph (1), including— ‘‘(A) if the company is an active certified has been repaid.’’; (A) streamlining the process for approving development company in good standing and (4) in subsection (d)(1), by striking ‘‘to ap- lenders and standardizing requirements; has been an active participant in the accred- prove loans’’ and inserting ‘‘to approve, au- (B) establishing uniform reporting require- ited lenders program during the entire 12- thorize, close, service, foreclose, litigate (ex- ments using on-line automated capabilities month period preceding the date on which cept that the Administration may monitor to the maximum extent feasible; S11558 CONGRESSIONAL RECORD — SENATE October 31, 1997 (C) reducing paperwork through automa- (1) in subsection (a)(2)(A)— (C) by striking ‘‘9’’ and inserting ‘‘14’’; tion, simplified forms, or incorporation of (A) by striking ‘‘and Amendments Act of (D) in paragraph (1), by striking ‘‘2’’ and lender’s forms; 1994’’ and inserting ‘‘Act of 1997’’; and inserting ‘‘4’’; (D) providing uniform standards for ap- (B) by inserting before the final period ‘‘, (E) in paragraph (2), by striking ‘‘2’’ and proval, closing, servicing, foreclosure, and and who shall report directly to the head of inserting ‘‘4’’; and liquidation; the agency on the status of the activities of (F) in paragraph (3)— (E) promulgating new regulations or the Interagency Committee’’; (i) by striking ‘‘5’’ and inserting ‘‘6’’; amending existing ones; (2) in subsection (a)(2)(B), by inserting be- (ii) by striking ‘‘national’’; and (F) establishing a timetable for imple- fore the final period the following: ‘‘and shall (iii) by inserting ‘‘, including representa- menting the plan for reliance on private sec- report directly to the Administrator on the tives of women’s business center sites’’ be- tor lenders; status of the activities on the Interagency fore the period at the end; (G) implementing organizational changes Committee and shall serve as the Inter- (3) in subsection (c), by inserting ‘‘(includ- at SBA; and agency Committee Liaison to the National ing both urban and rural areas)’’ after ‘‘geo- (H) estimating the annual savings that Women’s Business Council established under graphic’’; would occur as a result of implementation. section 405’’; and (4) by striking subsection (d) and inserting (b) CONSULTATION.—In preparing the report (3) in subsection (b), by striking ‘‘and the following: under subsection (a), the Administrator shall Amendments Act of 1994’’ and inserting ‘‘Act ‘‘(d) TERMS.—Each member of the Council consult with, among others— of 1997’’. shall be appointed for a term of 3 years, ex- (1) borrowers and lenders under section 7(a) SEC. 302. REPORTS. cept that, of the initial members appointed of the Small Business Act; Section 404 of the Women’s Business Own- to the Council— (2) small businesses that are potential pro- ership Act of 1988 (15 U.S.C. 631 note) is ‘‘(1) 2 members appointed under subsection gram participants under section 7(a) of the amended— (b)(1) shall be appointed for a term of 1 year; Small Business Act; (1) by inserting ‘‘, through the Small Busi- ‘‘(2) 2 members appointed under subsection (3) financial institutions that are potential ness Administration,’’ after ‘‘transmit’’; (b)(2) shall be appointed for a term of 1 year; program lenders under section 7(a) of the (2) by striking paragraph (1) and redesig- and Small Business Act; and nating paragraphs (2) through (4) as para- ‘‘(3) each member appointed under sub- (4) representative industry associations. graphs (1) through (3), respectively; and section (b)(3) shall be appointed for a term of SEC. 233. COMPLETION OF PLANNING FOR LOAN (3) in paragraph (1), as redesignated, by in- 2 years.’’; and MONITORING SYSTEM. serting before the semicolon the following: ‘‘, (5) by striking subsection (f) and inserting (a) IN GENERAL.—The Administrator shall including a verbatim report on the status of the following: perform and complete the planning needed to progress of the Interagency Committee in ‘‘(f) VACANCIES.— serve as the basis for funding the develop- meeting its responsibilities and duties under ‘‘(1) IN GENERAL.—A vacancy on the Coun- ment and implementation of the computer- section 402(a)’’. cil shall be filled not later than 30 days after ized loan monitoring system, including— SEC. 303. COUNCIL DUTIES. the date on which the vacancy occurs, in the (1) fully defining the system requirement Section 406 of the Women’s Business Own- manner in which the original appointment using on-line, automated capabilities to the ership Act of 1988 (15 U.S.C. 631 note) is was made, and shall be subject to any condi- extent feasible; amended— tions that applied to the original appoint- (2) identifying all data inputs and outputs (1) in subsection (c), by inserting after ment. necessary for timely report generation; ‘‘Administrator’’ the following: ‘‘(through ‘‘(2) UNEXPIRED TERM.—An individual cho- (3) benchmark loan monitoring business the Assistant Administrator of the Office of sen to fill a vacancy shall be appointed for processes and systems against comparable Women’s Business Ownership)’’; and the unexpired term of the member re- industry processes and, if appropriate, sim- (2) in subsection (d)— placed.’’. plify or redefine work processes based on (A) in paragraph (4), by striking ‘‘and’’ at these benchmarks; SEC. 305. AUTHORIZATION OF APPROPRIATIONS. the end; Section 409 of the Women’s Business Own- (4) determine data quality standards and (B) in paragraph (5), by striking the period ership Act of 1988 (15 U.S.C. 631 note) is control systems for ensuring information ac- at the end and inserting a semicolon; and amended to read as follows: curacy; (C) by adding at the end the following: ‘‘SEC. 411. AUTHORIZATION OF APPROPRIATIONS. (5) identify an acquisition strategy and ‘‘(6) not later than 90 days after the last work increments to completion; ‘‘(a) IN GENERAL.—There is authorized to day of each fiscal year, submit to the Presi- be appropriated to carry out this title (6) analyze the benefits and costs of alter- dent and to the Committee on Small Busi- $600,000, for each of fiscal years 1998 through natives and use to demonstrate the advan- ness of the Senate and the Committee on 2000, of which $200,000 shall be available in tage of the final project; Small Business of the House of Representa- each fiscal year to carry out sections 409 and (7) ensure that the proposed information tives, a report containing— 410. system is consistent with the agency’s infor- ‘‘(A) a detailed description of the activities ‘‘(b) BUDGET REVIEW.—No amount made mation architecture; and of the council, including a status report on available under this section for any fiscal (8) estimate the cost to system completion, the Council’s progress toward meeting its year may be obligated or expended by the identifying the essential cost element. duties outlined in subsections (a) and (d) of Council before the date on which the Council (b) REPORT.— section 406; reviews and approves the operating budget of (1) IN GENERAL.—On the date that is 6 ‘‘(B) the findings, conclusions, and rec- the Council to carry out the responsibilities months after the date of enactment of this ommendations of the Council; and of the Council for that fiscal year.’’. Act, the Administrator shall submit a report ‘‘(C) the Council’s recommendations for SEC. 306. NATIONAL WOMEN’S BUSINESS COUN- on the progress of the Administrator in car- such legislation and administrative actions CIL PROCUREMENT PROJECT. rying out subsection (a) to— as the Council considers appropriate to pro- The Women’s Business Ownership Act of (A) the Committees; and mote the development of small business con- 1988 (15 U.S.C. 631 note) is amended by insert- (B) the Comptroller General of the United cerns owned and controlled by women. ing after section 408 the following: States. ‘‘(e) FORM OF TRANSMITTAL.—The informa- ‘‘SEC. 409. NATIONAL WOMEN’S BUSINESS COUN- (2) EVALUATION.—Not later than 28 days tion included in each report under subsection CIL PROCUREMENT PROJECT. after receipt of the report under paragraph (d) that is described in subparagraphs (A) ‘‘(a) FEDERAL PROCUREMENT STUDY.— (1)(B), the Comptroller General of the United through (C) of subsection (d)(6), shall be re- ‘‘(1) IN GENERAL.—During the first fiscal States shall— ported verbatim, together with any separate year for which amounts are made available (A) prepare a written evaluation of the re- additional, concurring, or dissenting views of to carry out this section, the Council shall port for compliance with subsection (a); and the Administrator.’’. conduct a study on the award of Federal (B) submit the evaluation to the Commit- SEC. 304. COUNCIL MEMBERSHIP. prime contracts and subcontracts to women- tees. Section 407 of the Women’s Business Own- owned businesses, which study shall in- (3) LIMITATION.—None of the funds provided ership Act of 1988 (15 U.S.C. 631 note) is clude— for the purchase of the loan monitoring sys- amended— ‘‘(A) an analysis of data collected by Fed- tem may be obligated or expended until 45 (1) in subsection (a), by striking ‘‘and eral agencies on contract awards to women- days after the date on which the Committees Amendments Act of 1994’’ and inserting ‘‘Act owned businesses; and the Comptroller General of the United of 1997’’; ‘‘(B) a determination of the degree to States receive the report under paragraph (2) in subsection (b)— which individual Federal agencies are in (1). (A) by striking ‘‘and Amendments Act of compliance with the 5 percent women-owned TITLE III—WOMEN’S BUSINESS 1994’’ and inserting ‘‘Act of 1997’’; business procurement goal established by ENTERPRISES (B) by inserting after ‘‘the Administrator section 15(g)(1) of the Small Business Act (15 SEC. 301. INTERAGENCY COMMITTEE PARTICIPA- shall’’ the following: ‘‘, after receiving the U.S.C. 644(g)(1)); TION. recommendations of the Chairman and the ‘‘(C) a determination of the types and Section 403 of the Women’s Business Own- Ranking Member of the Committees on amounts of Federal contracts characteris- ership Act of 1988 (15 U.S.C. 631 note) is Small Business of the House of Representa- tically awarded to women-owned businesses; amended— tives and the Senate,’’; and October 31, 1997 CONGRESSIONAL RECORD — SENATE S11559 ‘‘(D) other relevant information relating to business center or centers in conjunction 5-year plan to the Administration on pro- participation of women-owned businesses in with which it was established. posed fundraising and training activities, Federal procurement. ‘‘(b) AUTHORITY.—The Administration may and a recipient organization may receive fi- ‘‘(2) SUBMISSION OF RESULTS.—Not later provide financial assistance to private orga- nancial assistance under this program for a than 12 months after initiating the study nizations to conduct 5-year projects for the maximum of 5 years per women’s business under paragraph (1), the Council shall submit benefit of small business concerns owned and center site. to the Committees on Small Business of the controlled by women. The projects shall pro- House of Representatives and the Senate, vide— ‘‘(f) CRITERIA.—The Administration shall and to the President, the results of the study ‘‘(1) financial assistance, including train- evaluate and rank applicants in accordance conducted under paragraph (1). ing and counseling in how to apply for and with predetermined selection criteria that ‘‘(b) BEST PRACTICES REPORT.—Not later secure business credit and investment cap- shall be stated in terms of relative impor- than 18 months after initiating the study ital, preparing and presenting financial tance. Such criteria and their relative im- under subsection (a)(1), the Council shall statements, and managing cash flow and portance shall be made publicly available submit to the Committees on Small Business other financial operations of a business con- and stated in each solicitation for applica- of the House of Representatives and the Sen- cern; tions made by the Administration. The cri- ate, and to the President, a report, which ‘‘(2) management assistance, including teria shall include— shall include— training and counseling in how to plan, orga- ‘‘(1) the experience of the applicant in con- ‘‘(1) an analysis of the most successful nize, staff, direct, and control each major ac- ducting programs or ongoing efforts designed practices in attracting women-owned busi- tivity and function of a small business con- to impart or upgrade the business skills of nesses as prime contractors and subcontrac- cern; and women business owners or potential owners; tors by— ‘‘(3) marketing assistance, including train- ‘‘(2) the present ability of the applicant to ‘‘(A) Federal agencies (as supported by ing and counseling in identifying and seg- commence a project within a minimum findings from the study required under sub- menting domestic and international market amount of time; section (a)(1)) in Federal procurement opportunities, preparing and executing mar- ‘‘(3) the ability of the applicant to provide awards; and keting plans, developing pricing strategies, training and services to a representative ‘‘(B) the private sector; and locating contract opportunities, negotiating number of women who are both socially and ‘‘(2) recommendations for policy changes contracts, and utilizing varying public rela- economically disadvantaged; and in Federal procurement practices, including tions and advertising techniques. ‘‘(4) the location for the women’s business an increase in the Federal procurement goal ‘‘(c) CONDITIONS OF PARTICIPATION.— center site proposed by the applicant. for women-owned businesses, in order to ‘‘(1) NON-FEDERAL CONTRIBUTIONS.—As a ‘‘(g) OFFICE OF WOMEN’S BUSINESS OWNER- maximize the number of women-owned busi- condition of receiving financial assistance SHIP.— nesses performing Federal contracts. authorized by this section, the recipient or- ‘‘(1) ESTABLISHMENT.—There is established ‘‘(c) CONTRACT AUTHORITY.—In conducting ganization shall agree to obtain, after its ap- any study or other research under this sec- plication has been approved and notice of within the Administration an Office of Wom- tion, the Council may contract with 1 or award has been issued, cash contributions en’s Business Ownership, which shall be re- more public or private entities.’’. from non-Federal sources as follows: sponsible for the administration of the Ad- ministration’s programs for the development SEC. 307. STUDIES AND OTHER RESEARCH. ‘‘(A) in the first and second years, 1 non- The Women’s Business Ownership Act of Federal dollar for each 2 Federal dollars; of women’s business enterprises (as defined 1988 (15 U.S.C. 631 note) is amended by insert- ‘‘(B) in the third and fourth years, 1 non- in section 408 of the Women’s Business Own- ing after section 409 (as added by section 306 Federal dollar for each Federal dollar; and ership Act of 1988 (15 U.S.C. 631 note)). The of this title) the following: ‘‘(C) in the fifth year, 2 non-Federal dollars Office of Women’s Business Ownership shall be administered by an Assistant Adminis- ‘‘SEC. 410. STUDIES AND OTHER RESEARCH. for each Federal dollar. trator, who shall be appointed by the Admin- ‘‘(a) IN GENERAL.—To the extent that it ‘‘(2) FORM OF NON-FEDERAL CONTRIBU- istrator. does not delay submission of the report TIONS.—Not more than one-half of the non- under section 409(b), the Council may also Federal sector matching assistance may be ‘‘(2) ASSISTANT ADMINISTRATOR OF THE OF- conduct such studies and other research re- in the form of in-kind contributions that are FICE OF WOMEN’S BUSINESS OWNERSHIP.— lating to the award of Federal prime con- budget line items only, including office ‘‘(A) QUALIFICATION.—The position of As- tracts and subcontracts to women-owned equipment and office space. sistant Administrator shall be a Senior Ex- ecutive Service position under section businesses, or to issues relating to access to ‘‘(3) FORM OF FEDERAL CONTRIBUTIONS.—The credit and investment capital by women en- financial assistance authorized pursuant to 3132(a)(2) of title 5, United States Code. The trepreneurs, as the Council determines to be this section may be made by grant, contract, Assistant Administrator shall serve as a appropriate. or cooperative agreement and may contain noncareer appointee (as defined in section ‘‘(b) CONTRACT AUTHORITY.—In conducting such provision, as necessary, to provide for 3132(a)(7) of that title). any study or other research under this sec- payments in lump sum or installments, and ‘‘(B) RESPONSIBILITIES AND DUTIES.— tion, the Council may contract with 1 or in advance or by way of reimbursement. The ‘‘(i) RESPONSIBILITIES.—The responsibil- more public or private entities.’’. Administration may disburse up to 25 per- ities of the Assistant Administrator shall be SEC. 308. WOMEN’S BUSINESS CENTERS. cent of each year’s Federal share awarded to to administer the programs and services of (a) IN GENERAL.—Section 29 of the Small a recipient organization after notice of the the Office of Women’s Business Ownership Business Act (15 U.S.C. 656) is amended to award has been issued and before the non- established to assist women entrepreneurs in read as follows: Federal sector matching funds are obtained. the areas of— ‘‘SEC. 29. WOMEN’S BUSINESS CENTER PROGRAM. ‘‘(I) starting and operating a small busi- ‘‘(4) FAILURE TO OBTAIN NON-FEDERAL FUND- ‘‘(a) DEFINITIONS.—In this section— ness; ING.—If any recipient of assistance fails to ‘‘(1) the term ‘Assistant Administrator’ obtain the required non-Federal contribution ‘‘(II) development of management and means the Assistant Administrator of the during any project, it shall not be eligible technical skills; Office of Women’s Business Ownership estab- thereafter for advance disbursements pursu- ‘‘(III) seeking Federal procurement oppor- lished under subsection (g); ant to paragraph (3) during the remainder of tunities; and ‘‘(2) the term ‘small business concern that project, or for any other project for ‘‘(IV) increasing the opportunity for access owned and controlled by women’, either which it is or may be funded by the Adminis- to capital. startup or existing, includes any small busi- tration, and prior to approving assistance to ‘‘(ii) DUTIES.—The Assistant Administrator ness concern— such organization for any other projects, the shall— ‘‘(A) that is not less than 51 percent owned Administration shall specifically determine ‘‘(I) administer and manage the Women’s by 1 or more women; and whether the Administration believes that Business Center program; ‘‘(B) the management and daily business the recipient will be able to obtain the req- ‘‘(II) recommend the annual administra- operations of which are controlled by 1 or uisite non-Federal funding and enter a writ- tive and program budgets for the Office of more women; and ten finding setting forth the reasons for Women’s Business Ownership (including the ‘‘(3) the term ‘women’s business center making such determination. budget for the Women’s Business Center pro- site’ means the location of— ‘‘(d) CONTRACT AUTHORITY.—A women’s gram); ‘‘(A) a women’s business center; or business center may enter into a contract ‘‘(III) establish appropriate funding levels ‘‘(B) 1 or more women’s business centers, with a Federal department or agency to pro- therefore; established in conjunction with another vide specific assistance to women and other ‘‘(IV) review the annual budgets submitted women’s business center in another location underserved small business concerns. Per- by each applicant for the Women’s Business within a State or region— formance of such contract should not hinder Center program; ‘‘(i) that reach a distinct population that the women’s business centers in carrying out ‘‘(V) select applicants to participate in the would otherwise not be served; the terms of the grant received by the wom- program under this section; ‘‘(ii) whose services are targeted to women; en’s business centers from the Administra- ‘‘(VI) implement this section; and tion. ‘‘(VII) maintain a clearinghouse to provide ‘‘(iii) whose scope, function, and activities ‘‘(e) SUBMISSION OF 5-YEAR PLAN.—Each ap- for the dissemination and exchange of infor- are similar to those of the primary women’s plicant organization initially shall submit a mation between women’s business centers; S11560 CONGRESSIONAL RECORD — SENATE October 31, 1997 ‘‘(VIII) serve as the vice chairperson of the under section 29 of the Small Business Act Subtitle B—Small Business Procurement Interagency Committee on Women’s Busi- (15 U.S.C. 656) (as in effect on the day before Opportunities Program ness Enterprise; the effective date of this Act) on September SEC. 411. CONTRACT BUNDLING. ‘‘(IX) serve as liaison for the National 30, 1997, may request an extension of the Section 2 of the Small Business Act (15 Women’s Business Council; and term of that project to a total term of 5 U.S.C. 631) is amended by adding at the end ‘‘(X) advise the Administrator on appoint- years. If such an extension is made, the orga- the following: ments to the Women’s Business Council. nization shall receive financial assistance in ‘‘(j) CONTRACT BUNDLING.—In complying ‘‘(C) CONSULTATION REQUIREMENTS.—In car- accordance with section 29(c) of the Small with the statement of congressional policy rying out the responsibilities and duties de- Business Act (as amended by this section) expressed in subsection (a), relating to fos- scribed in this paragraph, the Assistant Ad- subject to procedures established by the Ad- tering the participation of small business ministrator shall confer with and seek the ministrator, in coordination with the Assist- concerns in the contracting opportunities of advice of the Administration officials in ant Administrator of the Office of Women’s the Government, each Federal agency, to the areas served by the women’s business cen- Business Ownership established under sec- maximum extent practicable, shall— ters. tion 29 of the Small Business Act (15 U.S.C. ‘‘(1) comply with congressional intent to ‘‘(h) PROGRAM EXAMINATION.— 656) (as amended by this section). foster the participation of small business ‘‘(1) IN GENERAL.—Not later than 180 days (2) TERMS OF ASSISTANCE FOR CERTAIN OR- concerns as prime contractors, subcontrac- after the date of enactment of the Small GANIZATIONS.—Any organization operating in tors, and suppliers; Business Reauthorization Act of 1997, the Ad- the third year of a 3-year project under sec- ‘‘(2) structure its contracting requirements ministrator shall develop and implement an tion 29 of the Small Business Act (15 U.S.C. to facilitate competition by and among annual programmatic and financial examina- 656) (as in effect on the day before the effec- small business concerns, taking all reason- tion of each women’s business center estab- tive date of this Act) on September 30, 1997, able steps to eliminate obstacles to their lished pursuant to this section. may request an extension of the term of that participation; and ‘‘(2) EXTENSION OF CONTRACTS.—In extend- project to a total term of 5 years. If such an ‘‘(3) avoid unnecessary and unjustified bun- ing or renewing a contract with a women’s extension is made, during the fourth and dling of contract requirements that pre- business center, the Administrator shall con- fifth years of the project, the organization cludes small business participation in pro- sider the results of the examination con- shall receive financial assistance in accord- curements as prime contractors.’’. ducted under paragraph (1). ance with section 29(c)(1)(C) of the Small SEC. 412. DEFINITION OF CONTRACT BUNDLING. ‘‘(i) CONTRACT AUTHORITY.—The authority Business Act (as amended by this section) Section 3 of the Small Business Act (15 of the Administrator to enter into contracts subject to procedures established by the Ad- U.S.C. 632) is amended by adding at the end shall be in effect for each fiscal year only to ministrator, in coordination with the Assist- the following: the extent and in the amounts as are pro- ant Administrator of the Office of Women’s ‘‘(o) DEFINITIONS OF BUNDLING OF CONTRACT vided in advance in appropriations Acts. Business Ownership established under sec- REQUIREMENTS AND RELATED TERMS.—In this After the Administrator has entered into a tion 29 of the Small Business Act (15 U.S.C. Act: contract, either as a grant or a cooperative 656) (as amended by this section). ‘‘(1) BUNDLED CONTRACT.—The term ‘bun- agreement, with any applicant under this section, it shall not suspend, terminate, or TITLE IV—COMPETITIVENESS PROGRAM dled contract’ means a contract that is en- fail to renew or extend any such contract un- AND PROCUREMENT OPPORTUNITIES tered into to meet requirements that are less the Administrator provides the appli- Subtitle A—Small Business Competitiveness consolidated in a bundling of contract re- cant with written notification setting forth Program quirements. the reasons therefore and affords the appli- ‘‘(2) BUNDLING OF CONTRACT REQUIRE- SEC. 401. PROGRAM TERM. MENTS.—The term ‘bundling of contract re- cant an opportunity for a hearing, appeal, or Section 711(c) of the Small Business Com- other administrative proceeding under chap- quirements’ means consolidating 2 or more petitiveness Demonstration Program Act of ter 5 of title 5, United States Code. procurement requirements for goods or serv- 1988 (15 U.S.C. 644 note) is amended by strik- ‘‘(j) REPORT.—The Administrator shall pre- ices previously provided or performed under pare and submit an annual report to the ing ‘‘, and terminate on September 30, 1997’’. separate smaller contracts into a solicita- Committees on Small Business of the House SEC. 402. MONITORING AGENCY PERFORMANCE. tion of offers for a single contract that is of Representatives and the Senate on the ef- Section 712(d)(1) of the Small Business likely to be unsuitable for award to a small- fectiveness of all projects conducted under Competitiveness Demonstration Program business concern due to— the authority of this section. Such report Act of 1988 (15 U.S.C. 644 note) is amended to ‘‘(A) the diversity, size, or specialized na- shall provide information concerning— read as follows: ture of the elements of the performance ‘‘(1) the number of individuals receiving as- ‘‘(1) Participating agencies shall monitor specified; sistance; the attainment of their small business par- ‘‘(B) the aggregate dollar value of the an- ‘‘(2) the number of startup business con- ticipation goals on an annual basis. An an- ticipated award; cerns formed; nual review by each participating agency ‘‘(C) the geographical dispersion of the ‘‘(3) the gross receipts of assisted concerns; shall be completed not later than January 31 contract performance sites; or ‘‘(4) increases or decreases in profits of as- of each year, based on the data for the pre- ‘‘(D) any combination of the factors de- sisted concerns; and ceding fiscal year, from October 1 through scribed in subparagraphs (A), (B), and (C). ‘‘(5) the employment increases or decreases September 30.’’. ‘‘(3) SEPARATE SMALLER CONTRACT.—The of assisted concerns. SEC. 403. REPORTS TO CONGRESS. term ‘separate smaller contract’, with re- spect to a bundling of contract requirements, ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— Section 716(a) of the Small Business Com- means a contract that has been performed by ‘‘(1) IN GENERAL.—There is authorized to be petitiveness Demonstration Program Act of 1 or more small business concerns or was appropriated $8,000,000 for each fiscal year to 1988 (15 U.S.C. 644 note) is amended— suitable for award to 1 or more small busi- carry out the projects authorized under this (1) by striking ‘‘1996’’ and inserting ‘‘2000’’; ness concerns.’’. section, of which, for fiscal year 1998, not (2) by striking ‘‘for Federal Procurement more than 5 percent may be used for admin- Policy’’ and inserting ‘‘of the Small Business SEC. 413. ASSESSING PROPOSED CONTRACT BUN- istrative expenses related to the program Administration’’; and DLING. under this section. (3) by striking ‘‘Government Operations’’ (a) IN GENERAL.—Section 15 of the Small ‘‘(2) USE OF AMOUNTS.—Amounts made and inserting ‘‘Government Reform and Business Act (15 U.S.C. 644) is amended by in- available under this subsection for fiscal Oversight’’. serting after subsection (d) the following: year 1999, and each fiscal year thereafter, ‘‘(e) PROCUREMENT STRATEGIES; CONTRACT may only be used for grant awards and may SEC. 404. SMALL BUSINESS PARTICIPATION IN BUNDLING.— DREDGING. not be used for costs incurred by the Admin- ‘‘(1) IN GENERAL.—To the maximum extent istration in connection with the manage- Section 722(a) of the Small Business Com- practicable, procurement strategies used by ment and administration of the program petitiveness Demonstration Program Act of the various agencies having contracting au- under this section. 1988 (15 U.S.C. 644 note) is amended by strik- thority shall facilitate the maximum par- ing ‘‘and terminating on September 30, 1997’’. ‘‘(3) EXPEDITED ACQUISITION.—Notwith- ticipation of small business concerns as standing any other provision of law, the Ad- SEC. 405. TECHNICAL AMENDMENTS. prime contractors, subcontractors, and sup- ministrator, acting through the Assistant Section 717 of the Small Business Competi- pliers. Administrator, may use such expedited ac- tiveness Demonstration Program Act of 1988 ‘‘(2) MARKET RESEARCH.— quisition methods as the Administrator de- (15 U.S.C. 644 note) is amended— ‘‘(A) IN GENERAL.—Before proceeding with termines to be appropriate to carry out this (1) by inserting ‘‘or North American Indus- an acquisition strategy that could lead to a section, except that the Administrator shall trial Classification Code’’ after ‘‘standard in- contract containing consolidated procure- ensure that all small business sources are dustrial classification code’’ each place it ap- ment requirements, the head of an agency provided a reasonable opportunity to submit pears; and shall conduct market research to determine proposals.’’. (2) by inserting ‘‘or North American Indus- whether consolidation of the requirements is (b) APPLICABILITY.— trial Classification Codes’’ after ‘‘standard necessary and justified. (1) IN GENERAL.—Subject to paragraph (2), industrial classification codes’’ each place it ‘‘(B) FACTORS.—For purposes of subpara- any organization conducting a 3-year project appears. graph (A), consolidation of the requirements October 31, 1997 CONGRESSIONAL RECORD — SENATE S11561 may be determined as being necessary and crease the probability of participation by be published not later than 120 days after the justified if, as compared to the benefits that small businesses as prime contractors, or to date of enactment of this Act for the purpose would be derived from contracting to meet facilitate small business participation as of obtaining public comment pursuant to those requirements if not consolidated, the subcontractors and suppliers, if a solicita- section 22 of the Office of Federal Procure- Federal Government would derive from the tion for a bundled contract is to be issued;’’. ment Policy Act (41 U.S.C. 418b), or chapter consolidation measurably substantial bene- SEC. 414. REPORTING OF BUNDLED CONTRACT 5 of title 5, United States Code, as appro- fits, including any combination of benefits OPPORTUNITIES. priate. The public shall be afforded not less that, in combination, are measurably sub- (a) DATA COLLECTION REQUIRED.—The Fed- than 60 days to submit comments. stantial. Benefits described in the preceding eral Procurement Data System described in (b) FINAL REGULATIONS.—Final regulations sentence may include the following: section 6(d)(4)(A) of the Office of Federal shall be published not later than 270 days ‘‘(i) Cost savings. Procurement Policy Act (41 U.S.C. after the date of enactment of this Act. The ‘‘(ii) Quality improvements. 405(d)(4)(A)) shall be modified to collect data effective date for such final regulations shall ‘‘(iii) Reduction in acquisition cycle times. regarding bundling of contract requirements be not less than 30 days after the date of pub- ‘‘(iv) Better terms and conditions. when the contracting officer anticipates that lication. ‘‘(v) Any other benefits. the resulting contract price, including all TITLE V—MISCELLANEOUS PROVISIONS ‘‘(C) REDUCTION OF COSTS NOT DETERMINA- options, is expected to exceed $5,000,000. The TIVE.—The reduction of administrative or data shall reflect a determination made by SEC. 501. SMALL BUSINESS TECHNOLOGY TRANS- personnel costs alone shall not be a justifica- the contracting officer regarding whether a FER PROGRAM. tion for bundling of contract requirements particular solicitation constitutes a contract (a) REQUIRED EXPENDITURES.—Section 9(n) unless the cost savings are expected to be bundling. of the Small Business Act (15 U.S.C. 638(n)) is substantial in relation to the dollar value of (b) DEFINITIONS.—In this section, the term amended by striking paragraph (1) and in- the procurement requirements to be consoli- ‘‘bundling of contract requirements’’ has the serting the following: dated. meaning given that term in section 3(o) of ‘‘(1) REQUIRED EXPENDITURE AMOUNTS.— ‘‘(3) STRATEGY SPECIFICATIONS.—If the head the Small Business Act (15 U.S.C. 632(o)) (as With respect to fiscal years 1998, 1999, 2000, of a contracting agency determines that a added by section 412 of this subtitle). and 2001, each Federal agency that has an ex- proposed procurement strategy for a pro- SEC. 415. EVALUATING SUBCONTRACT PARTICI- tramural budget for research, or research curement involves a substantial bundling of PATION IN AWARDING CONTRACTS. and development, in excess of $1,000,000,000 contract requirements, the proposed procure- Section 8(d)(4) of the Small Business Act for that fiscal year, is authorized to expend ment strategy shall— (15 U.S.C. 637(d)(4)) is amended by adding at with small business concerns not less than ‘‘(A) identify specifically the benefits an- the end the following: 0.15 percent of that extramural budget spe- ticipated to be derived from the bundling of ‘‘(G) The following factors shall be des- cifically in connection with STTR programs contract requirements; ignated by the Federal agency as significant that meet the requirements of this section ‘‘(B) set forth an assessment of the specific factors for purposes of evaluating offers for a and any policy directives and regulations is- impediments to participation by small busi- bundled contract where the head of the agen- sued under this section.’’. ness concerns as prime contractors that re- cy determines that the contract offers a sig- (b) REPORTS AND OUTREACH.— sult from the bundling of contract require- nificant opportunity for subcontracting: (1) IN GENERAL.—Section 9 of the Small ments and specify actions designed to maxi- ‘‘(i) A factor that is based on the rate pro- Business Act (15 U.S.C. 638) is amended— mize small business participation as sub- vided under the subcontracting plan for (A) in subsection (o)— contractors (including suppliers) at various small business participation in the perform- (i) by redesignating paragraphs (8) through tiers under the contract or contracts that ance of the contract. (11) as paragraphs (10) through (13), respec- are awarded to meet the requirements; and ‘‘(ii) For the evaluation of past perform- tively; and ‘‘(C) include a specific determination that ance of an offeror, a factor that is based on (ii) by inserting after paragraph (7) the fol- the anticipated benefits of the proposed bun- the extent to which the offeror attained ap- lowing: dled contract justify its use. plicable goals for small business participa- ‘‘(8) include, as part of its annual perform- ‘‘(4) CONTRACT TEAMING.—In the case of a tion in the performance of contracts.’’. ance plan as required by subsections (a) and solicitation of offers for a bundled contract (b) of section 1115 of title 31, United States that is issued by the head of an agency, a SEC. 416. IMPROVED NOTICE OF SUBCONTRACT- ING OPPORTUNITIES. Code, a section on its STTR program, and small-business concern may submit an offer shall submit such section to the Committee that provides for use of a particular team of (a) USE OF THE COMMERCE BUSINESS DAILY on Small Business of the Senate, and the subcontractors for the performance of the AUTHORIZED.—Section 8 of the Small Busi- Committee on Science and the Committee on contract. The head of the agency shall evalu- ness Act (15 U.S.C. 637) is amended by adding Small Business of the House of Representa- ate the offer in the same manner as other of- at the end the following: tives; fers, with due consideration to the capabili- ‘‘(k) NOTICES OF SUBCONTRACTING OPPORTU- ‘‘(9) collect such data from awardees as is ties of all of the proposed subcontractors. If NITIES.— necessary to assess STTR program outputs a small business concern teams under this ‘‘(1) IN GENERAL.—Notices of subcontract- and outcomes;’’; paragraph, it shall not affect its status as a ing opportunities may be submitted for pub- (B) in subsection (e)(4)(A), by striking small business concern for any other pur- lication in the Commerce Business Daily ‘‘(ii)’’; and pose.’’. by— (b) ADMINISTRATION REVIEW.—Section 15(a) ‘‘(A) a business concern awarded a contract (C) by adding at the end the following: of the Small Business Act (15 U.S.C. 644(a)) is by an executive agency subject to subsection ‘‘(s) OUTREACH.— amended in the third sentence— (e)(1)(C); and ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this (1) by inserting ‘‘or the solicitation in- ‘‘(B) a business concern that is a sub- subsection, the term ‘eligible State’ means a volves an unnecessary or unjustified bun- contractor or supplier (at any tier) to such State— dling of contract requirements, as deter- contractor having a subcontracting oppor- ‘‘(A) if the total value of contracts awarded mined by the Administration,’’ after ‘‘dis- tunity in excess of $10,000. to the State during fiscal year 1995 under crete construction projects,’’; ‘‘(2) CONTENT OF NOTICE.—The notice of a this section was less than $5,000,000; and (2) by striking ‘‘or (4)’’ and inserting ‘‘(4)’’; subcontracting opportunity shall include— ‘‘(B) that certifies to the Administration and ‘‘(A) a description of the business oppor- described in paragraph (2) that the State (3) by inserting before the period at the end tunity that is comparable to the description will, upon receipt of assistance under this of the sentence the following: ‘‘, or (5) why specified in paragraphs (1), (2), (3), and (4) of subsection, provide matching funds from the agency has determined that the bundled subsection (f); and non-Federal sources in an amount that is not contract (as defined in section 3(o)) is nec- ‘‘(B) the due date for receipt of offers.’’. less than 50 percent of the amount provided essary and justified’’. (b) REGULATIONS REQUIRED.—The Federal under this subsection. (c) RESPONSIBILITIES OF AGENCY SMALL Acquisition Regulation shall be amended to ‘‘(2) PROGRAM AUTHORITY.—Of amounts BUSINESS ADVOCATES.—Section 15(k) of the provide uniform implementation of the made available to carry out this section for Small Business Act (15 U.S.C. 644(k)) is amendments made by this section. fiscal year 1998, 1999, 2000, or 2001 the Admin- amended— (c) CONFORMING AMENDMENT.—Section istrator may expend with eligible States not (1) by redesignating paragraphs (5) through 8(e)(1)(C) of the Small Business Act (15 U.S.C. more than $2,000,000 in each such fiscal year (9) as paragraphs (6) through (10), respec- 637(e)(1)(C)) is amended by striking ‘‘$25,000’’ in order to increase the participation of tively; and each place that term appears and inserting small business concerns located in those (2) by inserting after paragraph (4) the fol- ‘‘$100,000’’. States in the programs under this section. lowing: SEC. 417. DEADLINES FOR ISSUANCE OF REGULA- ‘‘(3) AMOUNT OF ASSISTANCE.—The amount ‘‘(5) identify proposed solicitations that in- TIONS. of assistance provided to an eligible State volve significant bundling of contract re- (a) PROPOSED REGULATIONS.—Proposed under this subsection in any fiscal year— quirements, and work with the agency acqui- amendments to the Federal Acquisition Reg- ‘‘(A) shall be equal to twice the total sition officials and the Administration to re- ulation or proposed Small Business Adminis- amount of matching funds from non-Federal vise the procurement strategies for such pro- tration regulations under this subtitle and sources provided by the State; and posed solicitations where appropriate to in- the amendments made by this subtitle shall ‘‘(B) shall not exceed $100,000. S11562 CONGRESSIONAL RECORD — SENATE October 31, 1997

‘‘(4) USE OF ASSISTANCE.—Assistance pro- make pro rata reductions in the amounts (d) PROHIBITION ON CERTAIN FEES.—Section vided to an eligible State under this sub- otherwise payable to States under subclause 21 of the Small Business Act (15 U.S.C. 648) is section shall be used by the State, in con- (I)(bb). amended by adding at the end the following: sultation with State and local departments ‘‘(III) MATCHING REQUIREMENT.—The ‘‘(m) PROHIBITION ON CERTAIN FEES.—A and agencies, for programs and activities to amount of a grant received by a State under small business development center shall not increase the participation of small business this section shall not exceed the amount of impose or otherwise collect a fee or other concerns located in the State in the pro- matching funds from sources other than the compensation in connection with the provi- grams under this section, including— Federal Government provided by the State sion of counseling services under this sec- ‘‘(A) the establishment of quantifiable per- under subparagraph (A).’’; and tion.’’. formance goals, including goals relating to— (B) in clause (iii), by striking ‘‘(iii)’’ and SEC. 503. PILOT PREFERRED SURETY BOND ‘‘(i) the number of program awards under all that follows through ‘‘1997.’’ and inserting GUARANTEE PROGRAM EXTENSION. this section made to small business concerns the following: Section 207 of the Small Business Adminis- in the State; and ‘‘(iii) NATIONAL PROGRAM.—There are au- tration Reauthorization and Amendment Act ‘‘(ii) the total amount of Federal research thorized to be appropriated to carry out the of 1988 (15 U.S.C. 694b note) is amended by and development contracts awarded to small national program under this section— striking ‘‘September 30, 1997’’ and inserting business concerns in the State; ‘‘(I) $85,000,000 for fiscal year 1998; ‘‘September 30, 2000’’. ‘‘(B) the provision of competition outreach ‘‘(II) $90,000,000 for fiscal year 1999; and SEC. 504. EXTENSION OF COSPONSORSHIP AU- support to small business concerns in the ‘‘(III) $95,000,000 for fiscal year 2000 and THORITY. State that are involved in research and de- each fiscal year thereafter.’’; and Section 401(a)(2) of the Small Business Ad- velopment; and (4) in paragraph (6)— ministration Reauthorization and Amend- ‘‘(C) the development and dissemination of (A) in subparagraph (A), by striking ‘‘and’’ ments Act of 1994 (15 U.S.C. 637 note) is educational and promotional information re- at the end; amended by striking ‘‘September 30, 1997’’ lating to the programs under this section to (B) in subparagraph (B), by striking the and inserting ‘‘September 30, 2000’’. small business concerns in the State. comma at the end and inserting ‘‘; and’’; and SEC. 505. ASSET SALES. ‘‘(t) INCLUSION IN STRATEGIC PLANS.—Pro- (C) inserting after subparagraph (B) the gram information relating to the SBIR and In connection with the Administration’s following: implementation of a program to sell to the STTR programs shall be included by each ‘‘(C) with outreach, development, and en- Federal agency in any update or revision re- private sector loans and other assets held by hancement of minority-owned small business the Administration, the Administration quired of the Federal agency under section startups or expansions, HUBZone small busi- 306(b) of title 5, United States Code.’’. shall provide to the Committees a copy of ness concerns, veteran-owned small business the draft and final plans describing the sale (2) REPEAL.—Effective October 1, 2001, sec- startups or expansions, and women-owned tion 9(s) of the Small Business Act (as added and the anticipated benefits resulting from small business startups or expansions, in such sale. by paragraph (1) of this subsection) is re- communities impacted by base closings or SEC. 506. SMALL BUSINESS EXPORT PROMOTION. pealed. military or corporate downsizing, or in rural (a) IN GENERAL.—Section 21(c)(3) of the SEC. 502. SMALL BUSINESS DEVELOPMENT CEN- or underserved communities;’’. TERS. Small Business Act (15 U.S.C. 648(c)(3)) is (b) SBDC SERVICES.—Section 21(c) of the (a) IN GENERAL.—Section 21(a) of the Small Small Business Act (15 U.S.C. 648(c)) is amended— Business Act (15 U.S.C. 648(a)) is amended— amended— (1) in subparagraph (Q), by striking ‘‘and’’ (1) in paragraph (1)— (1) in paragraph (3)— at the end; (A) by inserting ‘‘any women’s business (A) in subparagraph (A), by striking ‘‘busi- (2) in subparagraph (R), by striking the pe- center operating pursuant to section 29,’’ nesses;’’ and inserting ‘‘businesses, includ- riod at the end and inserting ‘‘; and’’; and after ‘‘credit or finance corporation,’’; ing— (3) by inserting after subparagraph (R) the (B) by inserting ‘‘or a women’s business ‘‘(i) working with individuals to increase following: center operating pursuant to section 29’’ awareness of basic credit practices and credit ‘‘(S) providing small business owners with after ‘‘other than an institution of higher requirements; access to a wide variety of export-related in- education’’; and ‘‘(ii) working with individuals to develop- formation by establishing on-line computer (C) by inserting ‘‘and women’s business ment business plans, financial packages, linkages between small business develop- centers operating pursuant to section 29’’ credit applications, and contract proposals; ment centers and an international trade data after ‘‘utilize institutions of higher edu- ‘‘(iii) working with the Administration to information network with ties to the Export cation’’; develop and provide informational tools for Assistance Center program.’’. (2) in paragraph (3)— use in working with individuals on pre-busi- (b) AUTHORIZATION OF APPROPRIATIONS.— (A) by striking ‘‘, but with’’ and all that ness startup planning, existing business ex- There is authorized to be appropriated to follows through ‘‘parties.’’ and inserting the pansion, and export planning; and carry out section 21(c)(3)(S) of the Small following: ‘‘for the delivery of programs and ‘‘(iv) working with individuals referred by Business Act (15 U.S.C. 648(c)(3)(S)), as added services to the small business community. the local offices of the Administration and by this section, $1,500,000 for each fiscal Such programs and services shall be jointly Administration participating lenders;’’; years 1998 and 1999. developed, negotiated, and agreed upon, with (B) in each of subparagraphs (B), (C), (D), SEC. 507. DEFENSE LOAN AND TECHNICAL AS- full participation of both parties, pursuant (E), (F), (G), (M), (N), (O), (Q), and (R) by SISTANCE PROGRAM. to an executed cooperative agreement be- moving each margin 2 ems to the left; and (a) DELTA PROGRAM AUTHORIZED.— tween the Small Business Development Cen- (C) in subparagraph (C), by inserting ‘‘and (1) IN GENERAL.—The Administrator may ter applicant and the Administration.’’; and the Administration’’ after ‘‘Center’’; administer the Defense Loan and Technical (B) by adding at the end the following: (2) in paragraph (5)— Assistance program in accordance with the ‘‘(C) On an annual basis, the Small Busi- (A) by moving the margin 2 ems to the authority and requirements of this section. ness Development Center shall review and right; (2) EXPIRATION OF AUTHORITY.—The author- coordinate public and private partnerships (B) by striking ‘‘paragraph (a)(1)’’ and in- ity of the Administrator to carry out the and cosponsorships with the Administration serting ‘‘subsection (a)(1)’’; DELTA program under paragraph (1) shall for the purpose of more efficiently (C) by striking ‘‘which ever’’ and inserting terminate when the funds referred to in sub- leveraging available resources on a National ‘‘whichever’’; and section (g)(1) have been expended. and a State basis.’’; (D) by striking ‘‘last,,’’ and inserting (3) DELTA PROGRAM DEFINED.—In this sec- (3) in paragraph (4)(C)— ‘‘last,’’; tion, the terms ‘‘Defense Loan and Technical (A) by striking clause (i) and inserting the (3) by redesignating paragraphs (4) through Assistance program’’ and ‘‘DELTA program’’ following: (7) as paragraphs (5) through (8), respec- mean the Defense Loan and Technical As- ‘‘(i) IN GENERAL.— tively; and sistance program that has been established ‘‘(I) GRANT AMOUNT.—Subject to subclauses (4) in paragraph (3), in the undesignated by a memorandum of understanding entered (II) and (III), the amount of a grant received material following subparagraph (R), by into by the Administrator and the Secretary by a State under this section shall be equal striking ‘‘A small’’ and inserting the follow- of Defense on June 26, 1995. to the greater of $500,000, or the sum of— ing: (b) ASSISTANCE.— ‘‘(aa) the State’s pro rata share of the na- ‘‘(4) A small’’. (1) AUTHORITY.—Under the DELTA pro- tional program, based upon the population of (c) COMPETITIVE AWARDS.—Section 21(l) of gram, the Administrator may assist small the State as compared to the total popu- the Small Business Act (15 U.S.C. 648(l)) is business concerns that are economically de- lation of the United States; and amended by adding at the end the following: pendent on defense expenditures to acquire ‘‘(bb) $300,000 in fiscal year 1998, $400,000 in ‘‘If any contract or cooperative agreement dual-use capabilities. fiscal year 1999, and $500,000 in each fiscal under this section with an entity that is cov- (2) FORMS OF ASSISTANCE.—Forms of assist- year thereafter. ered by this section is not renewed or ex- ance authorized under paragraph (1) are as ‘‘(II) PRO RATA REDUCTIONS.—If the amount tended, any award of a successor contract or follows: made available to carry out this section for cooperative agreement under this section to (A) LOAN GUARANTEES.—Loan guarantees any fiscal year is insufficient to carry out another entity shall be made on a competi- under the terms and conditions specified subclause (I)(bb), the Administration shall tive basis.’’. under this section and other applicable law. October 31, 1997 CONGRESSIONAL RECORD — SENATE S11563

(B) NONFINANCIAL ASSISTANCE.—Other (2) CONTINUED AVAILABILITY OF EXISTING Administrator otherwise determines, based forms of assistance that are not financial. FUNDS.—The funds made available under the on information submitted to the Adminis- (c) ADMINISTRATION OF PROGRAM.—In the second proviso under the heading ‘‘RE- trator by the small business concern, or administration of the DELTA program under SEARCH, DEVELOPMENT, TEST AND EVALUA- based on certification procedures, which this section, the Administrator shall— TION, DEFENSE-WIDE’’ in Public Law 103–335 shall be established by the Administration (1) process applications for DELTA pro- (108 Stat. 2613) shall be available until ex- by regulation) that— gram loan guarantees; pended— ‘‘(I) it is a HUBZone small business con- (2) guarantee repayment of the resulting (A) to cover the costs (as defined in section cern; loans in accordance with this section; and 502(5) of the Federal Credit Reform Act of ‘‘(II) not less than 35 percent of the em- (3) take such other actions as are nec- 1990 (2 U.S.C. 661a(5))) of loan guarantees is- ployees of the small business concern reside essary to administer the program. sued under this section; and in a HUBZone, and the small business con- (d) SELECTION AND ELIGIBILITY REQUIRE- (B) to cover the reasonable costs of the ad- cern will attempt to maintain this employ- MENTS FOR DELTA LOAN GUARANTEES.— ministration of the loan guarantees. ment percentage during the performance of (1) IN GENERAL.—The selection criteria and SEC. 508. VERY SMALL BUSINESS CONCERNS. any contract awarded to the small business eligibility requirements set forth in this sub- Section 304(i) of the Small Business Ad- concern on the basis of a preference provided section shall be applied in the selection of ministration Reauthorization and Amend- under section 31(b); and small business concerns to receive loan guar- ments Act of 1994 (15 U.S.C. 644 note) is ‘‘(III) with respect to any subcontract en- antees under the DELTA program. amended by striking ‘‘September 30, 1998’’ tered into by the small business concern pur- (2) SELECTION CRITERIA.—The criteria used and inserting ‘‘September 30, 2000’’. suant to a contract awarded to the small for the selection of a small business concern SEC. 509. TRADE ASSISTANCE PROGRAM FOR business concern under section 31, the small to receive a loan guarantee under this sec- SMALL BUSINESS CONCERNS AD- business concern will ensure that— tion are as follows: VERSELY AFFECTED BY NAFTA. ‘‘(aa) in the case of a contract for services (A) The selection criteria established The Administrator shall coordinate Fed- (except construction), not less than 50 per- eral assistance in order to provide counseling under the memorandum of understanding re- cent of the cost of contract performance in- to small business concerns adversely affected ferred to in subsection (a)(3). curred for personnel will be expended for its by the North American Free Trade Agree- (B) The extent to which the loans to be employees or for employees of other ment. guaranteed would support the retention of HUBZone small business concerns; and defense workers whose employment would TITLE VI—HUBZONE PROGRAM ‘‘(bb) in the case of a contract for procure- otherwise be permanently or temporarily SEC. 601. SHORT TITLE. ment of supplies (other than procurement terminated as a result of reductions in ex- This title may be cited as the ‘‘HUBZone from a regular dealer in such supplies), not penditures by the United States for defense, Act of 1997’’. less than 50 percent of the cost of manufac- the termination or cancellation of a defense SEC. 602. HISTORICALLY UNDERUTILIZED BUSI- turing the supplies (not including the cost of contract, the failure to proceed with an ap- NESS ZONES. materials) will be incurred in connection proved major weapon system, the merger or (a) DEFINITIONS.—Section 3 of the Small with the performance of the contract in a consolidation of the operations of a defense Business Act (15 U.S.C. 632) (as amended by HUBZone by 1 or more HUBZone small busi- contractor, or the closure or realignment of section 412 of this Act) is amended by adding ness concerns; and a military installation. at the end the following: ‘‘(ii) no certification made or information ‘‘(p) DEFINITIONS RELATING TO (C) The extent to which the loans to be provided by the small business concern under HUBZONES.—In this Act: guaranteed would stimulate job creation and clause (i) has been, in accordance with the ‘‘(1) HISTORICALLY UNDERUTILIZED BUSINESS new economic activities in communities procedures established under section ZONE.—The term ‘historically underutilized most adversely affected by reductions in ex- 31(c)(1)— penditures by the United States for defense, business zone’ means any area located within 1 or more— ‘‘(I) successfully challenged by an inter- the termination or cancellation of a defense ested party; or contract, the failure to proceed with an ap- ‘‘(A) qualified census tracts; ‘‘(B) qualified nonmetropolitan counties; ‘‘(II) otherwise determined by the Adminis- proved major weapon system, the merger or trator to be materially false. consolidation of the operations of a defense or ‘‘(C) lands within the external boundaries ‘‘(B) CHANGE IN PERCENTAGES.—The Admin- contractor, or the closure or realignment of istrator may utilize a percentage other than a military installation. of an Indian reservation. ‘‘(2) HUBZONE.—The term ‘HUBZone’ the percentage specified in under item (aa) (D) The extent to which the loans to be or (bb) of subparagraph (A)(i)(III), if the Ad- guaranteed would be used to acquire (or per- means a historically underutilized business zone. ministrator determines that such action is mit the use of other funds to acquire) capital necessary to reflect conventional industry equipment to modernize or expand the facili- ‘‘(3) HUBZONE SMALL BUSINESS CONCERN.— The term ‘HUBZone small business concern’ practices among small business concerns ties of the borrower to enable the borrower that are below the numerical size standard to remain in the national technology and in- means a small business concern— ‘‘(A) that is owned and controlled by 1 or for businesses in that industry category. dustrial base available to the Department of more persons, each of whom is a United ‘‘(C) CONSTRUCTION AND OTHER CON- Defense. States citizen; and TRACTS.—The Administrator shall promul- (3) ELIGIBILITY REQUIREMENTS.—To be eligi- ‘‘(B) the principal office of which is located gate final regulations imposing requirements ble for a loan guarantee under the DELTA in a HUBZone; or that are similar to those specified in sub- program, a borrower must demonstrate to ‘‘(4) QUALIFIED AREAS.— clauses (IV) and (V) of subparagraph (A)(i) on the satisfaction of the Administrator that, ‘‘(A) QUALIFIED CENSUS TRACT.—The term contracts for general and specialty construc- during any 1 of the 5 preceding operating ‘qualified census tract’ has the meaning tion, and on contracts for any other industry years of the borrower, not less than 25 per- given that term in section 42(d)(5)(C)(ii)(I) of category that would not otherwise be subject cent of the value of the borrower’s sales were the Internal Revenue Code of 1986. to those requirements. The percentage appli- derived from— ‘‘(B) QUALIFIED NONMETROPOLITAN COUN- cable to any such requirement shall be deter- (A) contracts with the Department of De- TY.—The term ‘qualified nonmetropolitan mined in accordance with subparagraph (B). fense or the defense-related activities of the county’ means any county— ‘‘(D) LIST OF QUALIFIED SMALL BUSINESS Department of Energy; or ‘‘(i) that, based on the most recent data CONCERNS.—The Administrator shall estab- (B) subcontracts in support of defense-re- available from the Bureau of the Census of lish and maintain a list of qualified lated prime contracts. the Department of Commerce— HUBZone small business concerns, which list (e) MAXIMUM AMOUNT OF LOAN PRINCIPAL.— shall, to the extent practicable— With respect to each borrower, the maximum ‘‘(I) is not located in a metropolitan statis- tical area (as defined in section 143(k)(2)(B) ‘‘(i) include the name, address, and type of amount of loan principal for which the Ad- business with respect to each such small ministrator may provide a guarantee under of the Internal Revenue Code of 1986); and business concern; this section during a fiscal year may not ex- ‘‘(II) in which the median household in- ‘‘(ii) be updated by the Administrator not ceed $1,250,000. come is less than 80 percent of the nonmetro- less than annually; and (f) LOAN GUARANTY RATE.—The maximum politan State median household income; or allowable guarantee percentage for loans ‘‘(ii) that, based on the most recent data ‘‘(iii) be provided upon request to any Fed- guaranteed under this section may not ex- available from the Secretary of Labor, has eral agency or other entity.’’. ceed 80 percent. an unemployment rate that is not less than (b) FEDERAL CONTRACTING.— (g) FUNDING.— 140 percent of the statewide average unem- (1) IN GENERAL.—The Small Business Act (1) IN GENERAL.—The funds that have been ployment rate for the State in which the (15 U.S.C. 631 et seq.) is amended— made available for loan guarantees under the county is located. (A) by redesignating section 31 as section DELTA program and have been transferred ‘‘(5) QUALIFIED HUBZONE SMALL BUSINESS 32; and from the Department of Defense to the Small CONCERN.— (B) by inserting after section 30 the follow- Business Administration before the date of ‘‘(A) IN GENERAL.—A HUBZone small busi- ing: the enactment of this Act shall be used for ness concern is ‘qualified’, if— ‘‘SEC. 31. HUBZONE PROGRAM. carrying out the DELTA program under this ‘‘(i) the small business concern has cer- ‘‘(a) IN GENERAL.—There is established section. tified in writing to the Administrator (or the within the Administration a program to be S11564 CONGRESSIONAL RECORD — SENATE October 31, 1997 carried out by the Administrator to provide to the eligibility of a small business concern business concerns, qualified HUBZone small for Federal contracting assistance to quali- to receive assistance under this section (in- business concerns, and’’; fied HUBZone small business concerns in ac- cluding a challenge, filed by an interested (4) in paragraph (6), by inserting ‘‘qualified cordance with this section. party, relating to the veracity of a certifi- HUBZone small business concerns,’’ after ‘‘(b) ELIGIBLE CONTRACTS.— cation made or information provided to the ‘‘small business concerns,’’ each place that ‘‘(1) DEFINITIONS.—In this subsection— Administration by a small business concern term appears; and ‘‘(A) the term ‘contracting officer’ has the under section 3(p)(5)); and (5) in paragraph (10), by inserting ‘‘quali- meaning given that term in section 27(f)(5) of ‘‘(B) verification by the Administrator of fied HUBZone small business concerns,’’ the Office of Federal Procurement Policy the accuracy of any certification made or in- after ‘‘small business concerns,’’. Act (41 U.S.C. 423(f)(5)); and formation provided to the Administration by (b) AWARDS OF CONTRACTS.—Section 15 of ‘‘(B) the term ‘full and open competition’ a small business concern under section the Small Business Act (15 U.S.C. 644) is has the meaning given that term in section 3(p)(5). amended— 4 of the Office of Federal Procurement Pol- ‘‘(2) EXAMINATIONS.—The procedures estab- (1) in subsection (g)(1)— icy Act (41 U.S.C. 403). lished under paragraph (1) may provide for (A) by inserting ‘‘qualified HUBZone small ‘‘(2) AUTHORITY OF CONTRACTING OFFICER.— program examinations (including random business concerns,’’ after ‘‘small business Notwithstanding any other provision of program examinations) by the Administrator concerns,’’ each place that term appears; law— of any small business concern making a cer- (B) in the second sentence, by striking ‘‘20 ‘‘(A) a contracting officer may award sole tification or providing information to the percent’’ and inserting ‘‘23 percent’’; and source contracts under this section to any Administrator under section 3(p)(5). (C) by inserting after the second sentence qualified HUBZone small business concern, ‘‘(3) PROVISION OF DATA.—Upon the request the following: ‘‘The Governmentwide goal for if— of the Administrator, the Secretary of participation by qualified HUBZone small ‘‘(i) the qualified HUBZone small business Labor, the Secretary of Housing and Urban business concerns shall be established at not concern is determined to be a responsible Development, and the Secretary of the Inte- less than 1 percent of the total value of all contractor with respect to performance of rior (or the Assistant Secretary for Indian prime contract awards for fiscal year 1999, such contract opportunity, and the contract- Affairs), shall promptly provide to the Ad- not less than 1.5 percent of the total value of ing officer does not have a reasonable expec- ministrator such information as the Admin- all prime contract awards for fiscal year tation that 2 or more qualified HUBZone istrator determines to be necessary to carry 2000, not less than 2 percent of the total small business concerns will submit offers out this subsection. value of all prime contract awards for fiscal for the contracting opportunity; ‘‘(4) PENALTIES.—In addition to the pen- year 2001, not less than 2.5 percent of the ‘‘(ii) the anticipated award price of the alties described in section 16(d), any small total value of all prime contract awards for contract (including options) will not ex- business concern that is determined by the fiscal year 2002, and not less than 3 percent ceed— Administrator to have misrepresented the of the total value of all prime contract ‘‘(I) $5,000,000, in the case of a contract op- status of that concern as a ‘HUBZone small awards for fiscal year 2003 and each fiscal portunity assigned a standard industrial business concern’ for purposes of this sec- year thereafter.’’; classification code for manufacturing; or tion, shall be subject to— (2) in subsection (g)(2)— ‘‘(II) $3,000,000, in the case of all other con- ‘‘(A) section 1001 of title 18, United States (A) in the first sentence, by striking ‘‘,, by tract opportunities; and Code; and small business concerns owned and con- ‘‘(iii) in the estimation of the contracting ‘‘(B) sections 3729 through 3733 of title 31, trolled by socially and economically dis- officer, the contract award can be made at a United States Code.’’. advantaged individuals’’ and inserting ‘‘, by fair and reasonable price; (2) INITIAL LIMITED APPLICABILITY.—During qualified HUBZone small business concerns, ‘‘(B) a contract opportunity shall be the period beginning on the date of enact- by small business concerns owned and con- awarded pursuant to this section on the basis ment of this Act and ending on September trolled by socially and economically dis- of competition restricted to qualified 30, 2000, section 31 of the Small Business Act advantaged individuals’’; HUBZone small business concerns if the con- (as added by paragraph (1) of this subsection) (B) in the second sentence, by inserting tracting officer has a reasonable expectation shall apply only to procurements by— ‘‘qualified HUBZone small business con- that not less than 2 qualified HUBZone small (A) the Department of Defense; cerns,’’ after ‘‘small business concerns,’’; and business concerns will submit offers and that (B) the Department of Agriculture; (C) in the fourth sentence, by striking ‘‘by the award can be made at a fair market (C) the Department of Health and Human small business concerns owned and con- price; and Services; trolled by socially and economically dis- ‘‘(C) not later than 5 days from the date (D) the Department of Transportation; advantaged individuals and participation by the Administration is notified of a procure- (E) the Department of Energy; small business concerns owned and con- ment officer’s decision not to award a con- (F) the Department of Housing and Urban trolled by women’’ and inserting ‘‘by quali- tract opportunity under this section to a Development; fied HUBZone small business concerns, by qualified HUBZone small business concern, (G) the Environmental Protection Agency; small business concerns owned and con- the Administrator may notify the contract- (H) the National Aeronautics and Space trolled by socially and economically dis- ing officer of the intent to appeal the con- Administration; advantaged individuals, and by small busi- tracting officer’s decision, and within 15 days (I) the General Services Administration; ness concerns owned and controlled by of such date the Administrator may file a and women’’; and written request for reconsideration of the (J) the Department of Veterans Affairs. contracting officer’s decision with the Sec- (3) in subsection (h), by inserting ‘‘quali- SEC. 603. TECHNICAL AND CONFORMING AMEND- fied HUBZone small business concerns,’’ retary of the department or agency head. MENTS TO THE SMALL BUSINESS ‘‘(3) PRICE EVALUATION PREFERENCE IN FULL ACT. after ‘‘small business concerns,’’ each place AND OPEN COMPETITIONS.—In any case in (a) PERFORMANCE OF CONTRACTS.—Section that term appears. which a contract is to be awarded on the 8(d) of the Small Business Act (15 U.S.C. (c) OFFENSES AND PENALTIES.—Section 16 basis of full and open competition, the price 637(d)) is amended— of the Small Business Act (15 U.S.C. 645) is offered by a qualified HUBZone small busi- (1) in paragraph (1)— amended— ness concern shall be deemed as being lower (A) in the first sentence, by striking ‘‘,, (1) in subsection (d)(1)— than the price offered by another offeror small business concerns owned and con- (A) by inserting ‘‘, a ‘qualified HUBZone (other than another small business concern), trolled by socially and economically dis- small business concern’,’’ after ‘‘ ‘small busi- if the price offered by the qualified HUBZone advantaged individuals’’ and inserting ‘‘, ness concern’,’’; and small business concern is not more than 10 qualified HUBZone small business concerns, (B) in subparagraph (A), by striking ‘‘sec- percent higher than the price offered by the small business concerns owned and con- tion 9 or 15’’ and inserting ‘‘section 9, 15, or otherwise lowest, responsive, and responsible trolled by socially and economically dis- 31’’; and offeror. advantaged individuals’’; and (2) in subsection (e), by inserting ‘‘, a ‘‘(4) RELATIONSHIP TO OTHER CONTRACTING (B) in the second sentence, by inserting ‘HUBZone small business concern’,’’ after PREFERENCES.—A procurement may not be ‘‘qualified HUBZone small business con- ‘‘ ‘small business concern’,’’. made from a source on the basis of a pref- cerns,’’ after ‘‘small business concerns,’’; SEC. 604. OTHER TECHNICAL AND CONFORMING erence provided in paragraph (2) or (3), if the (2) in paragraph (3)— AMENDMENTS. procurement would otherwise be made from (A) by inserting ‘‘qualified HUBZone small (a) TITLE 10, UNITED STATES CODE.—Sec- a different source under section 4124 or 4125 business concerns,’’ after ‘‘small business tion 2323 of title 10, United States Code, is of title 18, United States Code, or the Javits- concerns,’’ each place that term appears; and amended— Wagner-O’Day Act (41 U.S.C. 46 et seq.). (B) by adding at the end the following: (1) in subsection (a)(1)(A), by inserting be- ‘‘(c) ENFORCEMENT; PENALTIES.— ‘‘(F) In this contract, the term ‘qualified fore the semicolon the following: ‘‘, and ‘‘(1) VERIFICATION OF ELIGIBILITY.—In car- HUBZone small business concern’ has the qualified HUBZone small business concerns rying out this section, the Administrator meaning given that term in section 3(p) of (as defined in section 3(p) of the Small Busi- shall establish procedures relating to— the Small Business Act.’’; ness Act)’’; and ‘‘(A) the filing, investigation, and disposi- (3) in paragraph (4)(E), by striking ‘‘small (2) in subsection (f)(1), by inserting ‘‘or as tion by the Administration of any challenge business concerns and’’ and inserting ‘‘small a qualified HUBZone small business concern October 31, 1997 CONGRESSIONAL RECORD — SENATE S11565 (as defined in section 3(p) of the Small Busi- (A) in paragraph (11), by inserting ‘‘quali- Regulation, this title and the amendments ness Act)’’ after ‘‘(as described in subsection fied HUBZone small business concerns (as de- made by this title, and the final regulations (a))’’. fined in section 3(p) of the Small Business published under subsection (a). (b) FEDERAL HOME LOAN BANK ACT.—Sec- Act),’’ after ‘‘small businesses,’’; and SEC. 606. REPORT. tion 21A(b)(13) of the Federal Home Loan (B) in paragraph (12), by inserting ‘‘quali- Not later than March 1, 2002, the Adminis- Bank Act (12 U.S.C. 1441a(b)(13)) is amend- fied HUBZone small business concerns (as de- trator shall submit to the Committees a re- ed— fined in section 3(p) of the Small Business port on the implementation of the HUBZone (1) by striking ‘‘concerns and small’’ and Act (15 U.S.C. 632(o)),’’ after ‘‘small busi- program established under section 31 of the inserting ‘‘concerns, small’’; and nesses,’’. Small Business Act (as added by section (2) by inserting ‘‘, and qualified HUBZone (2) PROCUREMENT DATA.—Section 502 of the 602(b) of this title) and the degree to which small business concerns (as defined in sec- Women’s Business Ownership Act of 1988 (41 the HUBZone program has resulted in in- tion 3(p) of the Small Business Act)’’ after U.S.C. 417a) is amended— creased employment opportunities and an in- ‘‘disadvantaged individuals’’. (A) in subsection (a)— creased level of investment in HUBZones (as (c) SMALL BUSINESS ECONOMIC POLICY ACT (i) in the first sentence, by inserting ‘‘the defined in section 3(p) of the Small Business OF 1980.—Section 303(e) of the Small Business number of qualified HUBZone small business Act (15 U.S.C. 632(p)), as added by section Economic Policy Act of 1980 (15 U.S.C. concerns,’’ after ‘‘Procurement Policy’’; and 602(a) of this title). 631b(e)) is amended— (ii) by inserting a comma after ‘‘women’’; SEC. 607. AUTHORIZATION OF APPROPRIATIONS. (1) in paragraph (1), by striking ‘‘and’’ at and Section 20 of the Small Business Act (15 the end; (B) in subsection (b), by inserting after U.S.C. 631 note) (as amended by section 101 of (2) in paragraph (2), by striking the period ‘‘section 204 of this Act’’ the following: ‘‘, this Act) is amended— at the end and inserting ‘‘; and’’; and and the term ‘qualified HUBZone small busi- (1) in subsection (c), by adding at the end (3) by adding at the end the following: ness concern’ has the meaning given that the following: ‘‘(3) qualified HUBZone small business con- term in section 3(p) of the Small Business ‘‘(3) HUBZONE PROGRAM.—There are au- cern (as defined in section 3(p) of the Small Act (15 U.S.C. 632(o)).’’. thorized to be appropriated to the Adminis- Business Act).’’. (g) ENERGY POLICY ACT OF 1992.—Section tration to carry out the program under sec- (d) SMALL BUSINESS INVESTMENT ACT OF 3021 of the Energy Policy Act of 1992 (42 tion 31, $5,000,000 for fiscal year 1998.’’; 1958.—Section 411(c)(3)(B) of the Small Busi- U.S.C. 13556) is amended— (2) in subsection (d), by adding at the end ness Investment Act of 1958 (15 U.S.C. (1) in subsection (a)— the following: 694b(c)(3)(B)) is amended by inserting before (A) in paragraph (2), by striking ‘‘or’’; ‘‘(3) HUBZONE PROGRAM.—There are au- the semicolon the following: ‘‘, or to a quali- (B) in paragraph (3), by striking the period thorized to be appropriated to the Adminis- fied HUBZone small business concern (as de- and inserting ‘‘; or’’; and tration to carry out the program under sec- fined in section 3(p) of the Small Business (C) by adding at the end the following: tion 31, $5,000,000 for fiscal year 1999.’’; and Act)’’. ‘‘(4) qualified HUBZone small business con- (3) in subsection (e), by adding at the end (e) TITLE 31, UNITED STATES CODE.— cerns.’’; and the following: (1) CONTRACTS FOR COLLECTION SERVICES.— (2) in subsection (b), by adding at the end ‘‘(3) HUBZONE PROGRAM.—There are au- Section 3718(b) of title 31, United States the following: thorized to be appropriated to the Adminis- Code, is amended— ‘‘(3) The term ‘qualified HUBZone small tration to carry out the program under sec- (A) in paragraph (1)(B), by inserting ‘‘and business concern’ has the meaning given tion 31, $5,000,000 for fiscal year 2000.’’. law firms that are qualified HUBZone small that term in section 3(p) of the Small Busi- TITLE VII—SERVICE DISABLED VETERANS business concerns (as defined in section 3(p) ness Act (15 U.S.C. 632(o)).’’. SEC. 701. PURPOSES. of the Small Business Act)’’ after ‘‘disadvan- (h) TITLE 49, UNITED STATES CODE.— The purposes of this title are— taged individuals’’; and (1) PROJECT GRANT APPLICATION APPROVAL (1) to foster enhanced entrepreneurship (B) in paragraph (3)— CONDITIONED ON ASSURANCES ABOUT AIRPORT among eligible veterans by providing in- (i) in the first sentence, by inserting before OPERATION.—Section 47107(e) of title 49, Unit- creased opportunities; the period ‘‘and law firms that are qualified ed States Code, is amended— (2) to vigorously promote the legitimate HUBZone small business concerns’’; (A) in paragraph (1), by inserting before interests of small business concerns owned (ii) in subparagraph (A), by striking ‘‘and’’ the period ‘‘or qualified HUBZone small busi- and controlled by eligible veterans; and at the end; ness concerns (as defined in section 3(p) of (3) to ensure that those concerns receive (iii) in subparagraph (B), by striking the the Small Business Act)’’; fair consideration in purchases made by the period at the end and inserting ‘‘; and’’; and (B) in paragraph (4)(B), by inserting before Federal Government. (iv) by adding at the end the following: the period ‘‘or as a qualified HUBZone small SEC. 702. DEFINITIONS. ‘‘(C) the term ‘qualified HUBZone small business concern (as defined in section 3(p) of In this title: business concern’ has the meaning given the Small Business Act)’’; and (1) ELIGIBLE VETERAN.—The term ‘‘eligible that term in section 3(p) of the Small Busi- (C) in paragraph (6), by inserting ‘‘or a veteran’’ means a disabled veteran (as de- ness Act.’’. qualified HUBZone small business concern fined in section 4211(3) of title 38, United (2) PAYMENTS TO LOCAL GOVERNMENTS.— (as defined in section 3(p) of the Small Busi- States Code). Section 6701(f) of title 31, United States ness Act)’’ after ‘‘disadvantaged individual’’. (2) SMALL BUSINESS CONCERN OWNED AND Code, is amended— (2) MINORITY AND DISADVANTAGED BUSINESS CONTROLLED BY ELIGIBLE VETERANS.—The (A) in paragraph (1)— PARTICIPATION.—Section 47113 of title 49, term ‘‘small business concern owned and (i) in subparagraph (A), by striking ‘‘and’’ United States Code, is amended— controlled by eligible veterans’’ means a at the end; (A) in subsection (a)— small business concern (as defined in section (ii) in subparagraph (B), by striking the pe- (i) in paragraph (1), by striking the period 3 of the Small Business Act)— riod at the end and inserting ‘‘; and’’; and at the end and inserting a semicolon; (A) that is at least 51 percent owned by 1 or (iii) by adding at the end the following: (ii) in paragraph (2), by striking the period more eligible veterans, or in the case of a ‘‘(C) qualified HUBZone small business at the end and inserting ‘‘; and’’; and publicly owned business, at least 51 percent concerns.’’; and (iii) by adding at the end the following: of the stock of which is owned by 1 or more (B) in paragraph (3)— ‘‘(3) the term ‘qualified HUBZone small eligible veterans; and (i) in subparagraph (A), by striking ‘‘and’’ business concern’ has the meaning given (B) whose management and daily business at the end; that term in section 3(p) of the Small Busi- operations are controlled by eligible veter- (ii) in subparagraph (B), by striking the pe- ness Act (15 U.S.C. 632(o)).’’; and ans. riod at the end and inserting ‘‘; and’’; and (B) in subsection (b), by inserting before SEC. 703. REPORT BY SMALL BUSINESS ADMINIS- (iii) by adding at the end the following: the period ‘‘or qualified HUBZone small busi- TRATION. ‘‘(C) the term ‘qualified HUBZone small ness concerns’’. (a) STUDY AND REPORT.— business concern’ has the meaning given SEC. 605. REGULATIONS. (1) IN GENERAL.—Not later than 9 months that term in section 3(p) of the Small Busi- (a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the ness Act (15 U.S.C. 632(o)).’’. after the date of enactment of this Act, the Administrator shall conduct a comprehen- (3) REGULATIONS.—Section 7505(c) of title Administrator shall publish in the Federal sive study and submit to the Committees a 31, United States Code, is amended by strik- Register such final regulations as may be final report containing findings and rec- ing ‘‘small business concerns and’’ and in- necessary to carry out this title and the ommendations of the Administrator on— serting ‘‘small business concerns, qualified amendments made by this title. (A) the needs of small business concerns HUBZone small business concerns, and’’. (b) FEDERAL ACQUISITION REGULATION.—Not owned and controlled by eligible veterans; (f) OFFICE OF FEDERAL PROCUREMENT POL- later than 180 days after the date on which (B) the availability and utilization of Ad- ICY ACT.— final regulations are published under sub- ministration programs by small business (1) ENUMERATION OF INCLUDED FUNCTIONS.— section (a), the Federal Acquisition Regu- concerns owned and controlled by eligible Section 6(d) of the Office of Federal Procure- latory Council shall amend the Federal Ac- veterans; ment Policy Act (41 U.S.C. 405(d)) is amend- quisition Regulation in order to ensure con- (C) the percentage, and dollar value, of ed— sistency between the Federal Acquisition Federal contracts awarded to small business S11566 CONGRESSIONAL RECORD — SENATE October 31, 1997

concerns owned and controlled by eligible educational institutions, private businesses, ‘‘(1) ESTABLISHMENT.—The Administrator veterans in the preceding 5 fiscal years; and veterans’ nonprofit community-based orga- of the Federal Aviation Administration shall (D) methods to improve Administration nizations, and Federal, State, and local de- establish a program to utilize undergraduate and other agency programs to serve the partments and agencies for the establish- and technical colleges in research on sub- needs of small business concerns owned and ment and implementation of outreach pro- jects of relevance to the Federal Aviation controlled by eligible veterans. grams for disabled veterans (as defined in Administration. Grants may be awarded (2) CONTENTS.—The report under paragraph section 4211(3) of title 38, United States under this subsection for— (1) shall include recommendations to Con- Code).’’. ‘‘(A) research projects to be carried out at gress concerning the need for legislation and SEC. 709. OUTREACH FOR ELIGIBLE VETERANS. primarily undergraduate institutions and recommendations to the Office of Manage- The Administrator, the Secretary of Veter- technical colleges; ment and Budget, relevant offices within the ans Affairs, and the Assistant Secretary of ‘‘(B) research projects that combine re- Administration, and the Department of Vet- Labor for Veterans’ Employment and Train- search at primarily undergraduate institu- erans Affairs. ing, shall develop and implement a program tions and technical colleges with other re- (b) CONDUCT OF STUDY.—In carrying out of comprehensive outreach to assist eligible search supported by the Federal Aviation subsection (a), the Administrator— veterans, which program shall include busi- Administration; or ‘‘(C) research on future training require- (1) may conduct surveys of small business ness training and management assistance, ments on projected changes in regulatory re- concerns owned and controlled by eligible employment and relocation counseling, and quirements for aircraft maintenance and veterans and service disabled veterans, in- dissemination of information on veterans’ power plant licensees. cluding those who have sought financial as- benefits and veterans’ entitlements. sistance or other services from the Adminis- ‘‘(2) NOTICE OF CRITERIA.—Within 6 months tration; f after the date of the enactment of the FAA (2) shall consult with the appropriate com- THE FAA RESEARCH, ENGINEER- Research, Engineering, and Development Au- thorization Act of 1997, the Administrator of mittees of Congress, relevant groups and or- ING, AND DEVELOPMENT AU- ganizations in the nonprofit sector, and Fed- the Federal Aviation Administration shall eral or State government agencies; and THORIZATION ACT OF 1997 establish and publish in the Federal Register (3) shall have access to any information criteria for the submittal of proposals for a within other Federal agencies that pertains grant under this subsection, and for the to such veterans and their small businesses, GORTON (AND OTHERS) awarding of such grants. unless such access is specifically prohibited AMENDMENT NO. 1544 ‘‘(3) PRINCIPAL CRITERIA.—The principal criteria for the awarding of grants under this by law. (Ordered to lie on the table.) SEC. 704. INFORMATION COLLECTION. subsection shall be— Mr. GORTON (for himself, Mr. ‘‘(A) the relevance of the proposed research After the date of issuance of the report re- MCCAIN, Mr. HOLLINGS, and Mr. FORD) to technical research needs identified by the quired by section 703(a), the Secretary of submitted an amendment intended to Federal Aviation Administration; Veterans Affairs shall, in consultation with ‘‘(B) the scientific and technical merit of the Assistant Secretary for Veterans’ Em- be proposed by them to the bill (H.R. 1271) to authorize the Federal Aviation the proposed research; and ployment and Training and the Adminis- ‘‘(C) the potential for participation by un- trator, engage in efforts each fiscal year to Administration’s research, engineer- dergraduate students in the proposed re- identify small business concerns owned and ing, and development programs for fis- search. controlled by eligible veterans in the United cal years 1998 through 2000, and for ‘‘(4) COMPETITIVE, MERIT-BASED EVALUA- States. The Secretary shall inform each other purposes; as follows: TION.—Grants shall be awarded under this small business concern identified under this subsection on the basis of evaluation of pro- section that information on Federal procure- Strike out all after the enacting clause and insert the following: posals through a competitive, merit-based ment is available from the Administrator. process.’’. SECTION 1. SHORT TITLE. SEC. 705. STATE OF SMALL BUSINESS REPORT. (b) AUTHORIZATION OF APPROPRIATIONS.— Section 303(b) of the Small Business Eco- This Act may be cited as the ‘‘FAA Re- Section 48102(a) of title 49, United States nomic Policy Act of 1980 (15 U.S.C. 631b(b)) is search, Engineering, and Development Au- Code, as amended by this Act, is further amended by striking ‘‘and female-owned thorization Act of 1997’’. amended by inserting ‘‘, of which $750,000 businesses’’ and inserting ‘‘, female-owned, SEC. 2. AUTHORIZATION OF APPROPRIATIONS. shall be for carrying out the grant program and veteran-owned businesses’’. Section 48102(a) of title 49, United States established under subsection (h)’’ after SEC. 706. LOANS TO VETERANS. Code, is amended— ‘‘projects and activities’’ in paragraph (4)(J). Section 7(a) of the Small Business Act (15 (1) by striking ‘‘and’’ at the end of para- SEC. 4. LIMITATION ON APPROPRIATIONS. U.S.C. 636(a)) is amended by inserting after graph (2)(J); No sums are authorized to be appropriated paragraph (7) the following: (2) by striking the period at the end of to the Administrator of the Federal Aviation ‘‘(8) The Administration may make loans paragraph (3)(J) and inserting in lieu thereof Administration for fiscal year 1998 for the under this subsection to small business con- a semicolon; and Federal Aviation Administration Research, cerns owned and controlled by disabled vet- (3) by adding at the end the following: Engineering, and Development account, un- erans (as defined in section 4211(3) of title 38, ‘‘(4) for fiscal year 1998, $229,673,000, includ- less such sums are specifically authorized to United States Code).’’. ing— be appropriated by the amendments made by SEC. 707. ENTREPRENEURIAL TRAINING, COUN- ‘‘(A) $16,379,000 for system development and this Act. SELING, AND MANAGEMENT ASSIST- infrastructure projects and activities; SEC. 5. NOTICE OF REPROGRAMMING. ANCE. ‘‘(B) $27,089,000 for capacity and air traffic If any funds authorized by the amendments The Administrator shall take such actions management technology projects and activi- made by this Act are subject to a reprogram- as may be necessary to ensure that small ties; ming action that requires notice to be pro- business concerns owned and controlled by ‘‘(C) $23,362,000 for communications, navi- vided to the Appropriations Committees of eligible veterans have access to programs es- gation, and surveillance projects and activi- the House of Representatives and the Senate, tablished under the Small Business Act that ties; notice of such action shall concurrently be provide entrepreneurial training, business ‘‘(D) $16,600,000 for weather projects and ac- provided to the Committees on Science and development assistance, counseling, and tivities; Transportation and Infrastructure of the management assistance to small business ‘‘(E) $7,854,000 for airport technology House of Representatives and the Committee concerns, including, among others, the Small projects and activities; on Commerce, Science, and Transportation Business Development Center program and ‘‘(F) $49,202,000 for aircraft safety tech- of the Senate. the Service Corps of Retired Executives nology projects and activities; SEC. 6. SENSE OF CONGRESS ON THE YEAR 2000 (SCORE) program. ‘‘(G) $56,045,000 for system security tech- PROBLEM. SEC. 708. GRANTS FOR ELIGIBLE VETERANS’ OUT- nology projects and activities; With the year 2000 fast approaching, it is REACH PROGRAMS. ‘‘(H) $27,137,000 for human factors and avia- the sense of Congress that the Federal Avia- Section 8(b) of the Small Business Act (15 tion medicine projects and activities; tion Administration should— U.S.C. 637(b)) is amended— ‘‘(I) $2,891,000 for environment and energy (1) give high priority to correcting all 2- (1) in paragraph (15), by striking ‘‘and’’ at projects and activities; and digit date-related problems in its computer the end; ‘‘(J) $3,114,000 for innovative/cooperative systems to ensure that those systems con- (2) in the first paragraph designated as research projects and activities.’’. tinue to operate effectively in the year 2000 paragraph (16), by striking the period at the SEC. 3. RESEARCH GRANTS PROGRAM INVOLV- and beyond; end and inserting ‘‘; and’’; and ING UNDERGRADUATE STUDENTS. (2) assess immediately the extent of the (3) by striking the second paragraph des- (a) PROGRAM.—Section 48102 of title 49, risk to the operations of the Federal Avia- ignated as paragraph (16) and inserting the United States Code, is amended by adding at tion Administration posed by the problems following: the end the following new subsection: referred to in paragraph (1), and plan and ‘‘(17) to make grants to, and enter into ‘‘(h) RESEARCH GRANTS PROGRAM INVOLVING budget for achieving Year 2000 compliance contracts and cooperative agreements with, UNDERGRADUATE STUDENTS.— for all of its mission-critical systems; and October 31, 1997 CONGRESSIONAL RECORD — SENATE S11567 (3) develop contingency plans for those sys- ious computer systems malfunctions nautics and Space Administration and tems that the Federal Aviation Administra- when they hit the year 2000. In particu- the Department of Defense. The FAA is tion is unable to correct in time. lar, we cannot afford to have air traffic also currently working with more than Mr. MCCAIN. Mr. President, I rise to control systems affected by this prob- 80 private industry partners on 15 join Senator GORTON, Senator HOL- lem. I understand that the FAA is be- major technology development LINGS, and Senator FORD, in submitting hind schedule in determining which of projects. Working with private indus- an amendment to the bill (H.R. 1271) its systems are affected by the Year try, for example, the FAA recently the Federal Aviation Administration 2000 problem. The time to make this completed development of a new con- Research, Engineering, and Develop- determination, and then make nec- crete foam material that will safely ment Authorization Act of 1997. This essary software modifications, is grow- stop a large airliner that overshoots a bill would authorize the Federal Avia- ing short. That is why the bill includes runway because of problems during tion Administration [FAA] Research, a Sense of the Congress that the FAA take off or landing. In addition to Engineering, and Development [RE&D] should, among other things, develop leveraging Federal funds, such partner- program. The program funds projects contingency plans for those systems ships facilitate the dissemination of re- to improve facilities, equipment, tech- that the Agency is unable to correct in search results to the private sector niques, and procedures so that our Na- time. where they can be used to produce tion’s aviation system can operate The FAA RE&D program is a key commercial products that will benefit safety and efficiently. component of the Agency’s total ongo- the users of the U.S. aviation system. The FAA’s research and development ing efforts to provide the most safe and The bill includes a Sense of the Con- activities help to provide the advance- efficient aviation system possible. I gress concerning the so-called Year ments and innovations that are needed would strongly encourage my col- 2000 problem as it relates to the FAA. to keep the U.S. aviation system the leagues to join me in supporting this Simply stated, the problem stems from best in the world. Our Nation’s ability bill to authorize the program. the inability of some software to recog- to have a strong aviation-related re- Mr. GORTON. Mr. President, I am nize the change from the year 1999 to search and development program di- pleased to join with my distinguished the year 2000. In these cases, software rectly impacts our success in the glob- colleagues, Senator MCCAIN, Senator code must be rewritten to prevent com- al market and our standard of living. HOLLINGS, and Senator FORD, in sub- puter systems from crashing. Because Investment in the FAA RE&D program mitting an amendment to the bill (H.R. the FAA has many systems, including will fund projects to determine how 1271) the Federal Aviation Administra- various air traffic control systems, the limited airport and airspace capacity tion Research, Engineering, and Devel- bill states that the FAA should assess can meet ever increasing demands, opment Authorization Act of 1997. The immediately the extent to which its aviation security can be improved, and bill authorizes the Federal Aviation systems will be affected, and to develop flight safety concerns can be addressed. Administration [FAA] Research, Engi- a plan and budget to make needed cor- The FAA has divided its RE&D pro- neering, and Development [RE&D] ac- rections. Funding appropriate research and de- gram into nine key areas. These in- count for fiscal year 1998. The FAA velopment projects today can help to clude capacity and air traffic manage- RE&D account finances projects to im- achieve a safer and more efficient air ment technology; communications, prove the safety, security, capacity, transportation system tomorrow. The navigation and surveillance systems; and efficiency of the U.S. aviation sys- bill that I am introducing authorizes weather; airport technology; aircraft tem. The authorization for the RE&D this funding. I urge my colleagues to safety technology; system security account expired at the end of Septem- join me in supporting it. technology; human factors and avia- ber. tion medicine; environment and en- Recognizing the key role that re- f ergy; and innovative/cooperative re- search and development efforts play in NOTICES OF HEARINGS search. The FAA funds various projects improving our Nation’s aviation sys- COMMITTEE ON INDIAN AFFAIRS in these nine areas. tem, the Congress over time has Mr. CAMPBELL. Mr. President, I Ongoing or planned FAA RE&D strengthened the FAA RE&D program. would like to announce that the Senate projects will provide important bene- In 1982, the Congress determined that a Committee on Indian Affairs’ sched- fits for the U.S. aviation system and comprehensive research and develop- uled markup on H.R. 976, the Mis- its users. The aircraft safety tech- ment program was necessary to help sissippi Sioux Tribe Judgment Fund nology area, for example, includes con- ensure that the FAA could maintain a Distribution Act of 1997 on Monday, tinued research on improving pas- safe and efficient air traffic system. In November 3, 1997, at 10 a.m. in room 485 senger evacuation in the event of an 1988, the Congress established the FAA of the Russell Senate Office Building aircraft accident. The system security RE&D Advisory Board to help the FAA has been rescheduled for Tuesday, No- technology area will include efforts to set research priorities. After the ter- vember 4, 1997, at 9:15 a.m. develop more effective explosives de- rorist bombing of Pan Am Flight 103, Those wishing additional information tection technologies. In addition, sev- the Congress approved the Aviation should contact the Committee on In- eral recommendations of the White Safety Improvement Act of 1990, which dian Affairs at 224–2251. House Commission on Aviation Safety required the FAA to support activities COMMITTEE ON INDIAN AFFAIRS and Security will involve the FAA to accelerate the research and develop- Mr. CAMPBELL. Mr. President, I RE&D program, including modernizing ment of new technologies to protect would like to announce that the Senate the Nation’s air traffic control system. against terrorism. Committee on Indian Affairs will meet I strongly support the FAA’s efforts This bill would authorize the FAA to at 9:15 a.m. on Tuesday, November 4, under the RE&D program to work in finance important research and devel- 1997, in room 485 of the Russell Senate partnership with public and private en- opment efforts. These efforts include Building to mark up the following: tities. These partnerships enable the developing new fire-resistant insula- H.R. 976, the Mississippi Sioux Tribe FAA to gain expertise in specialized tion materials for use on aircraft. Fires Judgment Fund Distribution Act of areas of technology, and to leverage are a major threat to aircraft, and this 1997; and the nomination of B. Kevin limited Federal funds. The FAA, for ex- new insulation is intended to give pas- Gover, to be Assistant Secretary for In- ample, now has more than 250 agree- sengers additional time to evacuate if dian Affairs, Department of the Inte- ments for research and development an accident occurs. The FAA also has rior. partnerships with research organiza- ongoing research to develop procedures Those wishing additional information tions, foreign governments, and indus- for enhancing terminal area capacity should contact the Committee on In- try consortia. In addition, the FAA has and safety. dian Affairs at 224–2251. established several university-based re- It is noteworthy that the FAA works COMMITTEE ON ENERGY AND NATURAL search centers. with other Federal agencies and the RESOURCES This bill also asks the FAA to ad- private sector to leverage RE&D funds. Mr. MURKOWSKI. Mr. President, I dress problems that the Agency may The FAA, for example, has cooperative would like to announce for the infor- face if the software in any of its var- arrangements with the National Aero- mation of the Senate and the public S11568 CONGRESSIONAL RECORD — SENATE October 31, 1997 that a hearing has been scheduled be- mental building blocks of all material sense of conviction to the conquest of breast fore the full Committee on Energy and things. The science of chemistry also cancer made her one of the most compelling Natural Resources to consider the provides the fundamental understand- advocates. This sense was contagious and in- vigorated her colleagues to overcome petty nominations of Curtis L. Hebert and ing required to deal with many of soci- barriers to interaction so that we may act as Linda Key Breathitt to be members of ety’s needs, including several that de- a unified force in breast cancer research.’’ the Federal Energy Regulatory Com- termined our quality of life and our As both patient and experienced re- mission. economic strength. Chemists and searcher, she developed insights regarding The hearing will take place Tuesday, chemical engineers use their powerful the positive and negative aspects of our cur- November 4, 1997 at 10 a.m. in room science in helping feed the world’s pop- rent health care system, traditional medical SD–366 of the Dirksen Senate Office ulation, tapping new energy sources, approaches and the infrastructure which sup- ports breast cancer research in this country. Building in Washington, DC. clothing and housing humanity, pro- Helene actively promoted interactions be- For further information, please call viding renewable substitutes for dwin- tween clinicians of all specialties, basic re- Allyson Kennett at (202) 224–5070. dling or scarce materials, improving searchers and patient advocates to foster COMMITTEE ON RULES AND ADMINISTRATION health and conquering disease, and new approaches where traditional measures Mr. WARNER. Mr. President, I wish monitoring and protecting our environ- have failed. She served tirelessly as the prin- to announce that the Committee on ment, and strengthening our national cipal investigator of a program project to de- Rules and Administration will meet in security. velop new molecular and cellular markers for predicting breast cancer prognosis, and SR–301, Russell Senate Office Building, As the American Chemical Society as co-principle investigator of a Special Pro- on Wednesday, November 5, 1997, at 9:30 works to enhance public awareness gram of Research Excellence (SPORE) to de- a.m. to conduct a business meeting to about the crucial role that chemistry velop novel approaches to breast cancer vote on matters pending before the plays in everyday life during National therapeutics. Dr. Smith was Chair of the In- committee, including the use of laptop Chemistry Week, I hope that my col- tegration Panel of the Department of De- computers on the Senate floor; release leagues will take this occasion to rec- fense Breast Cancer Research Program and of documents to Harry Connick, dis- ognize the chemists and chemical engi- served as well on the National Advisory Board of the Susan G. Komen Foundation. trict attorney of New Orleans; and, re- neers in their States who have dedi- Helene received many honors for her accom- imbursement of expenses in connection cated themselves to improving the plishments in traditional breast cancer with the contested Senate election in quality of life for all.∑ science. In 1995 she was honored by the Louisiana. f Komen Foundation with the prestigious For further information concerning Brinker International Award for Breast Can- this hearing, please contact Ed Edens TRIBUTE TO HELENE S. SMITH cer Research. of the Rules Committee staff at 224– Dr. Smith was a pioneer supporter of ∑ Mrs. BOXER. Mr. President, on June breast cancer patient advocates and encour- 6678. 5, 1997, a remarkable woman and superb aged their participation in research pro- f scientist, Dr. Helene Smith, died at her grams. According to one advocate, Deborah home in California. AUTHORITY FOR COMMITTEES TO Collyar, ‘‘When I first met her, she was very Dr. Smith’s scholarly activities and much against advocates getting involved in MEET indefatigable personality influenced science . . . however, she began to see how COMMITTEE ON FOREIGN RELATIONS the scientific community well beyond important it was to start bringing in the pa- Mr. D’AMATO. Mr. President, I ask San Francisco’s California Pacific Med- tient perspective. Helene became one of the best patient advocates I’ve ever had the unanimous consent that the Commit- ical Center, where she directed the Ger- tee on Foreign Relations be authorized pleasure of knowing.’’ In this unusual role, aldine Brush Cancer Research Insti- she worked tirelessly with patient groups to to meet during the session of the Sen- tute. explain the science and serve as a translator ate on Friday, October 31, 1997, at 10 There is great sadness as well as of traditional medicine. a.m. to hold a hearing. irony associated with Dr. Smith’s Helene believed that her own role in re- The PRESIDING OFFICER. Without death from breast cancer, a disease she search was best carried out at a small insti- objection, it is so ordered. devoted much of her life to studying. tute rather than at a large university. She used the metaphor that her institute (the PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Her friend and colleague, Dr. Ann Geraldine Brush Cancer Research Institute Mr. D’AMATO. Mr. President, I ask Thor, professor of pathology and sur- of California Pacific Medical Center, San unanimous consent that the Perma- gery at the Northwestern University Francisco) was a canoe and that universities nent Subcommittee on Investigations School of Medicine, has written a very were ocean liners. According to her husband, of the Committee on Governmental Af- moving tribute which will be published Allan Smith M.D., she believed that a canoe fairs, be authorized to meet during the in the Journal of Mammary Gland Bi- was best to explore new territory and nego- session of the Senate on Friday, Octo- ology and Neoplasia (Volume 3, Issue 1, tiate sudden turns (e.g., new research direc- ber 31, 1997, at 9:30 a.m., to hold a hear- in press). tions) and ocean liners were better at con- ing entitled ‘‘Oversight Review of the I am grateful to Dr. Thor, Dr. Peggy ventional work (e.g., major research proto- cols). She believed that both of these ap- Treasury Department’s Inspector Gen- Neville, editor of the Journal, and to proaches were necessary for the advance- eral.’’ Plenum Publishing Corp. for permis- ment of science, but novel research was more The PRESIDING OFFICER. Without sion to use this tribute, and I ask that fun. objection, it is so ordered. it be printed in the RECORD. Helene’s immersion into breast cancer f The tribute follows: from all aspects of her professional and per- sonal life allowed her to develop novel ideas HELENE SMITH, PH.D.: A MEMORIAL ADDITIONAL STATEMENTS regarding cancer therapeutics as well. Spir- (By Ann Thor, M.D.) itual and physical aspects of the disease Dr. Helene Smith, who has contributed overlapped, driving a renewed interest in CHEMISTRY WEEK greatly to our understanding of and research cancer immunology, epigenetic factors and ∑ Mr. SPECTER. Mr. President, I devoted to breast cancer, died recently of complementary medicine. Some trans- would like to take this opportunity to that disease. Dr. Smith was a leader in the gressions away from traditional science were scientific community—publishing exten- not always favorably considered by more tra- recognize the Philadelphia section of sively in the fields of breast cancer cell biol- ditional scientific colleagues, but Helene the American Chemical Society, whose ogy and molecular genetics. Helene had a persisted and sought to apply strict sci- 5,000 members, along with their nearly uniquely personal battle with breast cancer, entific methods and study designs to test 200 sister sections in all 50 States, the as it claimed several family members includ- complementary approaches. As noted by her District of Columbia, and Puerto Rico, ing a sister. Her enthusiasm and involve- clinician Debu Tripathy, M.D., ‘‘The popular have set aside November 2 through No- ment in breast cancer research was unique. field of alternative and complementary med- vember 8, 1997, for a national celebra- Those who knew her well understood that icine, ranging from herbal medicine to mind- tion directing our attention to the her motivations went beyond the norm and body interaction, was of great interest to He- closely approximated a religious zeal, even lene, although she adopted a rigorous sci- many contributions of their scientific before her own diagnosis. As noted by Dr. entific approach in order to evaluate them.’’ discipline. Edison Liu, Director of the Division of Clini- As an outgrowth of those interests, she The science of chemistry gives us the cal Sciences of the National Cancer Institute helped found the California Pacific Medical power to understand and to use the ele- of the National Institutes of Health, ‘‘Her Center’s Institute for Health and Healing as October 31, 1997 CONGRESSIONAL RECORD — SENATE S11569 well as the Research Institute’s new division, the political community to raise more vided hope and opportunity to hun- the Complementary Medicine Research Insti- than $150,000 for worthy causes and dreds of thousands of people through tute, which encompasses clinical and sci- stress the value of education. high quality vocational education. entific laboratory based programs to study It seems clear that ‘‘Jeopardy’’ real- The stunning success of American alternative medical approaches. ‘‘Helene en- ORT during the past 75 years certainly visioned a practice of science and medicine izes the significance of learning for without boundaries,’’ according to Dr. people both young and old. I salute would not have been possible without Tripathy. ‘‘Jeopardy’’ for reaching beyond the the presence of its brightest star, Sen- Dr. Smith graduated BS Cum Laude from television screen to provide quality ior Federal Court Judge Abraham Lin- the University of Pennsylvania in 1962 and programming with truly profound edu- coln Marovitz. The contributions made received a Doctorate in Microbiology from cational benefits for every community by Judge Marovitz to American ORT, the University of Pennsylvania in 1967. A across the Nation.∑ the State of Illinois, and our Nation postdoctoral research position at Princeton f are, quite simply, without peer. University in Professor Arthur B. Pardee’s Judge Marovitz overcame humble be- laboratory from 1967–69 laid the ground work TITLE VII OF THE INTERIOR AND ginnings amidst the poverty of Chi- for her interests in cell culture and cellular RELATED AGENCIES APPROPRIA- cago’s west side to lead a remarkable transformation. Her first breast cancer re- TIONS BILL life of public service. After graduating search manuscript was published in 1973. This was followed by decades of important ∑ Mr. GRAHAM. Mr. President, I sub- from Chicago-Kent College of Law at citations—resulting in over 100 publications. mit the following clarification to the the age of 19 in 1927, Judge Marovitz One of her last manuscripts published by fiscal year 1998 Interior and related went on to serve as an Assistant Illi- Science, ‘‘Loss of Heterozygosity in Normal agencies appropriations bill on behalf nois states attorney and an Illinois Tissue Adjacent to Breast Carcinomas’’ (Vol. of myself and Senator MACK. I ask that State senator. In 1943, at the age of 38, 274, 1996), described genetic losses in it be printed in the RECORD. Judge Marovitz waived his senatorial morphologically normal lobular epithelium The clarification follows: deferment and enlisted as a private in adjacent to breast cancers. These findings the U.S. Marine Corps. After seeing MACK-GRAHAM STATEMENT CONCERNING TITLE support her ‘‘stochastic model of breast car- combat and being wounded in the Pa- cinogenesis’’, a multivariate model of ac- VII OF THE FISCAL YEAR 1998 INTERIOR AP- quired genetic change. Helene believed that PROPRIATIONS BILL cific Theater, he retired from the Ma- molecular alterations might someday be Title VII of the FY’98 Interior Appro- rines with the rank of sergeant major. used to predict breast carcinogenesis or the priations Bill approves and implements In 1950, Abraham Lincoln Marovitz biology of breast cancers in individual a settlement between the Miccosukee was elected judge of the Superior Court women. Her findings also suggest that our Tribe of Indians of Florida and the of Illinois. From 1958 to 1959, he served current methods of tissue evaluation Florida Department of Transportation. as the chief justice of the Criminal (histopathologic evaluation) may be inad- Court of Cook County. Judge Marovitz equate as the science is further developed. It should be understood that the law- suit referred to in section 702(2) and received national recognition for his Helene sought to identify new intermediate jurisprudence in 1963 when President endpoints and understand early changes in elsewhere has already been dismissed. Kennedy appointed him as the U.S. the process of breast carcinogenesis. She felt However, since the lawsuit formed the District Court Judge for the Northern that a combination of traditional pathology underlaying basis of the dispute and District of Illinois. In 1975, Judge and molecular diagnostics would be more in- could be revived absent this settle- Marovitz assumed senior status as a formative for individual patients than a cat- ment, the settlement and this legisla- egorical system based on histopathology U.S. District Court Judge, a position in tion refers to the lawsuit and settles alone. which he continues to serve the people all claims based on the underlying As a result of her leadership in science, of Illinois and the Nation. ability to cross over disciplines, devotion to facts of the lawsuit. It should also be Judge Marovitz has not been content translational advancements, mentoring and understood that the concurrence of the to focus solely on his career. Instead, recruitment capacities, ability to concep- Board of Trustees of the International he has freely given both his time and tualize novel ideas and service in numerous Improvements Trust Fund referred to administrative roles, she has forever changed talents to a wide range of community in section 702(7)(B)(ii) relates only to organizations. In addition to his asso- traditional approaches to breast cancer the transfer of land to which the Board science. In addition to fostering research in ciation with American ORT, he has many areas, Helene was particularly impor- holds title. Insofar as the settlement served groups including the Jewish War tant as a mentor for young scientists—par- provides for such land transfers where- Veterans of the United States, the Na- ticularly women. These contributions, in ad- in the Board has certain responsibil- tional Conference of State Court Trial dition to her easy smile and invigorating ities, the Board concurs. The Board has Judges, and the American Legion. personality will be sorely missed and not taken no position with respect to other Moreover, Judge Marovitz served as easily forgotten.∑ parts of the settlement regarding chairman of the board of the Lincoln f which the Board has no responsibility National Bank for 17 years, was a board and which are instead within the au- TRIBUTE TO ‘‘JEOPARDY’’ member and trustee of Chicago-Kent thority and responsibility of the Flor- College of Law and the Chicago Medi- ∑ Mr. JEFFORDS. Mr. President, I rise ida Department of Transportation, cal School, the Chicago Bar Associa- today to pay tribute to ‘‘Jeopardy’’ and which has executed the settlement.∑ tion, and numerous other civic, reli- its efforts in educational outreach. The f gious, and veterans organizations. show has been successful in providing For his voluntarism, Judge Marovitz more than just entertainment for its HONORING SENIOR JUDGE ABRAHAM LINCOLN MAROVITZ has been honored by organizations such audience. In over 3,000 episodes span- as the Variety Club, the Daughters of ning 14 years, ‘‘Jeopardy’’ has chal- ∑ Ms. MOSELEY-BRAUN. Mr. Presi- the American Revolution, the Anti- lenged viewers to expand their horizons dent, it is my great pleasure to join the Defamation League, the United Neigh- and learn more about some fundamen- celebration of the 75th anniversary of borhood Organization of Chicago, the tal fields of study. American ORT, and to congratulate Jesse Owens Foundation, the Chicago ‘‘Jeopardy’’ seeks and demands at- Senior Federal Judge Abraham Lincoln City Council, the State of Illinois, and tentive participation. Accordingly, this Marovitz on being American ORT’s Di- the State of Israel. These awards are forum has often been used by schools amond Jubilee Award winner. but a few of the many testaments to throughout the country to improve Each year, American ORT provides his unyielding devotion to and endur- students’ performance in a wide array high-technology vocational training ing love for his fellow man and woman. of subjects. and education to over 6,000 students in For all his civic commitments, Judge The show will be taping in 2 weeks cities across the country, including Marovitz has never lost his common worth of episodes from Washington, Chicago at the Zarem/Golde ORT Tech- touch and regard for individuals no DC, at Constitution Hall. The first nical Institute. Worldwide, ORT teach- matter their station in life. Specifi- week will pay tribute to the edu- es comprehensive technical skills to cally, I am personally ever indebted to cational accomplishments of our Na- over 250,000 students in 60 countries. As him for the many kindnesses he showed tion’s best and brightest children. The a private, nonsectarian, nonpartisan, me years ago, when I was a young as- second week will spotlight members of nonprofit organization, ORT has pro- sistant U.S. attorney. S11570 CONGRESSIONAL RECORD — SENATE October 31, 1997 Without a doubt, the city of Chicago, in the vicinity of Los Alamos National Lab- proceed to consider the following trea- the State of Illinois, and our country oratory’’; and ties on today’s Executive Calendar, Ex- have benefited greatly from the many (2) in subsection (e), strike out ‘‘, the Sec- ecutive Calendar Nos. 8, 9, 10, 11, 12, 13, retary of the Interior’’ and all that follows selfless contributions that Judge through the end and insert in lieu thereof 14, and 15; I further ask unanimous con- Marovitz has made over the years. He ‘‘but not later than 90 days after the sub- sent that the treaties be considered as is not only a Chicago treasure, but a mittal of the report under subsection having passed through their various national treasure as well. I take great (d)(1)(C), the County and the Pueblo shall parliamentary stages up to and includ- pride in congratulating him on his submit to the Secretary an agreement be- ing the presentation of the resolutions American ORT Diamond Jubilee tween the County and the Pueblo which allo- of ratification; that all committee pro- Award. It is also my distinct honor to cates between the County and the Pueblo the visos, reservations, understandings and parcels identified for conveyance or transfer declarations be considered agreed to; celebrate 75 wonderful years of ORT in under subsection (b).’’. the United States.∑ that any statements in regard to these f treaties be inserted in the CONGRES- f UNANIMOUS-CONSENT AGREE- SIONAL RECORD as if read; and that the UNANIMOUS-CONSENT AGREE- MENT—NOMINATION OF Senate take one vote on the resolu- MENT—DEPARTMENT OF DE- CHARLES ROSSOTTI tions of ratification to be considered as separate votes; further, that when the FENSE AUTHORIZATION CON- Mr. NICKLES. Mr. President, as in resolutions of ratification are voted FERENCE REPORT executive session, I ask unanimous upon the motion to reconsider be laid Mr. NICKLES. Mr. President, I ask consent that on Monday, November 3, upon the table; the President then be unanimous consent that, notwith- at 2:45 p.m., the Senate proceed to ex- notified of the Senate’s action and that standing rule XXII, that on Thursday, ecutive session for the consideration of following the disposition of the trea- November 6th, at 10 a.m., the Senate calendar No. 351, the nomination of ties, the Senate return to legislative proceed to the DOD authorization con- Charles Rossotti, to be Commissioner session. ference report, and the report be con- of the Internal Revenue. I further ask The PRESIDING OFFICER. Without sidered as having been read, and there unanimous consent there be 3 hours of objection, it is so ordered. The treaties be 4 hours equally divided in the usual debate equally divided as follows: Sen- will be considered to have passed form, and following the conclusion or ator LOTT or his designee, 60 minutes; through their various parliamentary yielding back of time, the Senate pro- Senator MOYNIHAN, 90 minutes; and stages up to and including the presen- ceed to vote on adoption of the con- Senator ROTH, 30 minutes. I further ask tation of the resolutions of ratifica- ference report, without any inter- unanimous consent that following the tion. vening action or debate. conclusion or yielding back of the The resolutions of ratification are as The PRESIDING OFFICER. Without time, the Senate proceed to a vote on follows: objection, it is so ordered. the confirmation of Mr. Rossotti, and TAXATION AGREEMENT WITH TURKEY f that following that vote the motion to Resolved, (two-thirds of the Senators present reconsider be laid upon the table, and concurring therein), That the Senate advise UNANIMOUS-CONSENT AGREE- the President be immediately notified and consent to the ratification of the Agree- MENT—PROVIDING FOR CORREC- of the Senate’s action, and the Senate ment between the Government of the United TIONS IN THE ENROLLMENT OF then return to legislative session. States of America and the Government of H.R. 1119 The PRESIDING OFFICER. Without the Republic of Turkey for the Avoidance of Double Taxation and the Prevention of Fis- Mr. NICKLES. Mr. President, I also objection, it is so ordered. cal Evasion with Respect to Taxes on In- ask unanimous consent that following f come, together with a related Protocol, signed at Washington on March 28, 1996 the adoption of the conference report, EXECUTIVE SESSION Senator DOMENICI be recognized to (Treaty Doc. 104–30) subject to the declara- offer and the Senate proceed to a con- tion of subsection (a), and the proviso of sub- section (b). current resolution making technical EXECUTIVE CALENDAR (a) DECLARATION.—The Senate’s advice and corrections in the enrollment of the Mr. NICKLES. Mr. President, in exec- consent is subject to the following declara- DOD authorization conference report utive session, I ask unanimous consent tion, which shall be binding on the Presi- regarding section 3165 of the bill and to that the Senate proceed to the fol- dent: (1) TREATY INTERPRETATION.—The Senate address an issue with respect to cor- lowing nomination on the Executive recting several mistakes and that no affirms the applicability to all treaties of Calendar, No. 360. the constitutionally based principles of trea- amendments be in order and that the The PRESIDING OFFICER. Without ty interpretation set forth in Condition (1) of concurrent resolution be agreed to, and objection, it is so ordered. the resolution of ratification of the INF the motion to reconsider be laid upon Mr. NICKLES. Mr. President, I fi- Treaty, approved by the Senate on May 27, the table, all without further action or nally ask unanimous consent that the 1988, and Condition (8) of the resolution of debate, and the text of the resolution nomination be confirmed, that the mo- ratification of the Document Agreed Among the States Parties to the Treaty on Conven- be printed in the RECORD following this tion to reconsider be laid upon the tional Armed Forces in Europe, approved by request. table, any statements relating to the the Senate on May 14, 1997. The PRESIDING OFFICER. Without nomination appear at the appropriate (b) PROVISO.—The resolution of ratification objection, it is so ordered. place in the RECORD, and the President is subject to the following proviso, which The concurrent resolution is as fol- be immediately notified of the Senate’s shall be binding on the President: lows: action. (1) SUPREMACY OF THE CONSTITUTION.— The PRESIDING OFFICER. Without Nothing in the Treaty requires or authorizes S. CON. RES.— legislation or other action by the United Resolved by the Senate (the House of Rep- objection, it is so ordered. States of America that is prohibited by the resentatives concurring), That in the enroll- The nomination considered and con- Constitution of the United States as inter- ment of H.R. 1119 to authorize appropriations firmed is as follows: preted by the United States. for fiscal year 1998 for military activities of ARMY the Department of Defense, for military con- The following named officer for appoint- TAXATION CONVENTION WITH AUSTRIA struction, and for defense activities of the ment in the United States Army to the grade Resolved, (two-thirds of the Senators present Department of Energy, to prescribe per- indicated while assigned to a position of im- concurring therein), That the Senate advise sonnel strengths for such fiscal year for the portance and responsibility under title 10, and consent to the ratification of the Con- Armed Forces, and for other purposes, the U.S.C., section 601: vention between the United States of Amer- Clerk of the House of Representatives shall To be lieutenant general ica and the Republic of Austria for the make the following corrections: Avoidance of Double Taxation and the Pre- In section 3165— Maj. Gen. Jack P. Nix, Jr. vention of Fiscal Evasion with Respect to (1) in subsection (b)(1), strike out ‘‘under f Taxes on Income, signed at Vienna on May the jurisdiction’’ and all that follows TREATIES 31, 1996 (Treaty Doc. 104–31) subject to the through ‘‘Los Alamos National Laboratory’’ understanding of subsection (a), the declara- and insert in lieu thereof ‘‘under the admin- Mr. NICKLES. Mr. President, I ask tions of subsection (b), and the proviso of istrative jurisdiction of the Secretary at or unanimous consent that the Senate subsection (c).

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(a) UNDERSTANDING.—The Senate’s advice the Real Estate Investment Trust and the legislation or other action by the United and consent is subject to the following un- dividends are paid with respect to a class of States of America that is prohibited by the derstanding, which shall be included in the stock of the Real Estate Investment Trust Constitution of the United States as inter- instrument of ratification, and shall be bind- that is publicly traded, (ii) the beneficial preted by the United States. ing on the President: owner of the dividends beneficially holds an (1) OECD COMMENTARY.—Provisions of the interest of 10 percent or less in the Real Es- TAXATION CONVENTION WITH SWITZERLAND Convention that correspond to provisions of tate Investment Trust and the Real Estate Resolved, (two-thirds of the Senators present the Organization for Economic Cooperation Investment Trust is diversified, or (iii) the concurring therein), That the Senate advise and Development (OECD) Model Tax Conven- beneficial owner of the dividends beneficially and consent to the ratification of the Con- tion on Income and on Capital generally held an interest in the Real Estate Invest- vention Between the United States of Amer- shall be expected to have the same meaning ment Trust as of June 30, 1997, the dividends ica and the Swiss Confederation for the as expressed in the OECD Commentary are paid with respect to such interest, and Avoidance of Double Taxation with Respect thereon. The United States understands, the Real Estate Investment Trust is diversi- to Taxes on Income, signed at Washington, however, that the foregoing will not apply fied (provided that such provision shall be October 2, 1996 together with a Protocol to with respect to any reservations or observa- not apply to dividends paid after December the Convention (Treaty Doc. 105–8), subject tions it enters to the OECD Model or its 31, 1999 unless the Real Estate Investment to the declarations of subsection (a), and the Commentary and that it may enter such a Trust is publicly traded on December 31, 1999 proviso of subsection (b). reservation or observation at any time. and thereafter). (a) DECLARATIONS.—The Senate’s advice (b) DECLARATIONS.—The Senate’s advice (b) DECLARATIONS.—The Senate’s advice and consent is subject to the following two and consent is subject to the following two and consent is subject to the following two declarations, which shall be binding on the declarations, which shall be binding on the declarations, which shall be binding on the President: President: President. (1) REAL ESTATE INVESTMENT TRUSTS.—The (1) REAL ESTATE INVESTMENT TRUSTS.—The (1) SIMULTANEOUS EXCHANGE.—The United United States shall use its best efforts to ne- United States shall use its best efforts to ne- States shall not exchange the instruments of gotiate with the Swiss Confederation a pro- gotiate with the Republic of Austria a proto- ratification of this Convention with the Gov- tocol amending the Convention to provide col amending the Convention to provide for ernment of the Grand Duchy of Luxembourg for the application of subparagraph (b) of the application of subparagraph (b) of para- until such time as it exchanges the instru- paragraph 2 of Article 10 of the Convention graph 2 of Article 10 of the Convention to ments of ratification with respect to the to dividends paid by a Real Estate Invest- dividends paid by a Real Estate Investment Treaty Between the Government of the Unit- ment Trust in cases where (i) the beneficial Trust in cases where (i) the beneficial owner ed States of America and the Government of owner of the dividends beneficially holds an of the dividends beneficially holds an inter- the Grand Duchy of Luxembourg on Mutual interest of 5 percent or less in each class of est of 5 percent or less in each class of the Legal Assistance in Criminal Matters, signed the stock of the Real Estate Investment stock of the Real Estate Investment Trust at Washington on March 13, 1997 (Treaty Doc. Trust and the dividends are paid with respect and the dividends are paid with respect to a 105–11). to a class of stock of the Real Estate Invest- class of stock of the Real Estate Investment (2) TREATY INTERPRETATION.—The Senate ment Trust that is publicly traded or (ii) the Trust that is publicly traded or (ii) the bene- affirms the applicability to all treaties of beneficial owner of the dividends beneficially ficial owner of the dividends beneficially the constitutionally based principles of trea- holds an interest of 10 percent or less in the holds an interest of 10 percent or less in the ty interpretation set forth in Condition (1) of Real Estate Investment Trust and the Real Real Estate Investment Trust and the Real the resolution of ratification of the INF Estate Investment Trust is diversified. Treaty, approved by the Senate on May 27, Estate Investment Trust is diversified. (2) TREATY INTERPRETATION.—The Senate (2) TREATY INTERPRETATION.—The Senate 1988, and Condition (8) of the resolution of affirms the applicability to all treaties of affirms the applicability to all treaties of ratification of the Document Agreed Among the constitutionally based principles of trea- the constitutionally based principles of trea- the States Parties to the Treaty on Conven- ty interpretation set forth in Condition (1) of ty interpretation set forth in Condition (1) of tional Armed Forces in Europe, approved by the resolution of ratification of the INF the resolution of ratification of the INF the Senate on May 14, 1997. Treaty, approved by the Senate on May 27, (c) PROVISO.—The resolution of ratification Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of is subject to the following proviso, which 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among shall be binding on the President. ratification of the Document Agreed Among the States Parties to the Treaty on Conven- (1) SUPREMACY OF THE CONSTITUTION.— the States Parties to the Treaty on Conven- tional Armed Forces in Europe, approved by tional Armed Forces in Europe, approved by Nothing in the Treaty requires or authorizes legislation or other action by the United the Senate on May 14, 1997. the Senate on May 14, 1997. (b) PROVISO.—The resolution of ratification States of America that is prohibited by the (b) PROVISO.—The resolution of ratification is subject to the following proviso, which Constitution of the United States as inter- is subject to the following proviso, which shall be binding on the President: preted by the United States. shall be binding on the President: (1) SUPREMACY OF THE CONSTITUTION.— (1) SUPREMACY OF THE CONSTITUTION.— TAXATION CONVENTION WITH THAILAND Nothing in the Treaty requires or authorizes Nothing in the Treaty requires or authorizes legislation or other action by the United Resolved, (two-thirds of the Senators present legislation or other action by the United States of America that is prohibited by the concurring therein), That the Senate advise States of America that is prohibited by the Constitution of the United States as inter- and consent to the ratification of the Con- Constitution of the United States as inter- preted by the United States. preted by the United States. vention between the Government of the United States of America and the Govern- TAX CONVENTION WITH SOUTH AFRICA ment of the Kingdom of Thailand for the TAXATION CONVENTION WITH LUXEMBOURG Avoidance of Double Taxation and the Pre- Resolved, (two-thirds of the Senators present Resolved, (two-thirds of the Senators concur- vention of Fiscal Evasion with Respect to concurring therein), That the Senate advise ring therein), That the Senate advise and con- Taxes on Income, signed at Bangkok, No- and consent to the ratification of the Con- sent to the ratification of the Convention be- vember 26, 1996 (Treaty Doc. 105–2), subject to vention between the United States of Amer- tween the Government of the United States the declaration of subsection (a); and the ica and the Republic of South Africa for the of America and the Government of the Grand proviso of subsection (b). Avoidance of Double Taxation and the Pre- Duchy of Luxembourg for the Avoidance of (a) DECLARATION.—The Senate’s advice and vention of Fiscal Evasion with Respect to Double Taxation and the Prevention of Fis- consent is subject to the following declara- Taxes on Income and Capital Gains, signed cal Evasion with Respect to Taxes on Income tion, which shall be binding on the Presi- at Cape Town February 17, 1997 (Treaty Doc. and Capital, signed at Luxembourg on April dent: 105–9), subject to the declaration of sub- 3, 1996 (Treaty Doc. 104–33), subject to the (1) TREATY INTERPRETATION.—The Senate section (a), and the proviso of subsection (b). reservation of subsection (a), the declara- affirms the applicability to all treaties of (a) DECLARATION.—The Senate’s advice and tions of subsection (b), and the proviso of the constitutionally based principles of trea- consent is subject to the following declara- subsection (c). ty interpretation set forth in Condition (1) of tion, which shall be binding on the Presi- (a) RESERVATION.—The Senate’s advice and the resolution of ratification of the INF dent: consent is subject to the following reserva- Treaty, approved by the Senate on May 27, (1) TREATY INTERPRETATION.—The Senate tion, which shall be included in the instru- 1988, and Condition (8) of the resolution of affirms the applicability to all treaties of ment of ratification, and shall be binding on ratification of the Document Agreed Among the constitutionally based principles of trea- the President: the States Parties to the Treaty on Conven- ty interpretation set forth in Condition (1) of (1) REAL ESTATE INVESTMENT TRUSTS.—Sub- tional Armed Forces in Europe, approved by the resolution of ratification of the INF paragraph (a)(ii) of paragraph 2 of Article 10 the Senate on May 14, 1997. Treaty, approved by the Senate on May 27, of the Convention shall apply to dividends (b) PROVISO.—The resolution of ratification 1988, and Condition (8) of the resolution of paid by a Real Estate Investment Trust in is subject to the following proviso, which ratification of the Document Agreed Among cases where (i) the beneficial owner of the shall be binding on the President: the States Parties to the Treaty on Conven- dividends beneficially holds an interest of 5 (1) SUPREMACY OF THE CONSTITUTION.— tional Armed Forces in Europe, approved by percent or less in each class of the stock of Nothing in the Treaty requires or authorizes the Senate on May 14, 1997. S11572 CONGRESSIONAL RECORD — SENATE October 31, 1997 (b) PROVISO.—The resolution of ratification the stock of the Real Estate Investment children across America will be going is subject to the following proviso, which Trust and the dividends are paid with respect trick or treating dressed in all sorts of shall be binding on the President. to a class of stock of the Real Estate Invest- wonderful costumes. They will enjoy (1) SUPREMACY OF THE CONSTITUTION.— ment Trust that is publicly traded or (i) the seeing each other, visiting their neigh- Nothing in the Treaty requires or authorizes beneficial owner of the dividends beneficially bors, and—best of all—getting moun- legislation or other action by the United holds an interest of 10 percent or less in the States of America that is prohibited by the Real Estate Investment Trust and the Real tains of sweets. Constitution of the United States as inter- Estate Investment Trust is diversified. But in many cities, parents will keep preted by the United States. (2) TREATY INTERPRETATION.—The Senate their children inside. There will be no affirms the applicability to all treaties of trick or treating because the streets PROTOCOL AMENDING TAX CONVENTION WITH the constitutionally based principles of trea- are too dangerous for children. There CANADA ty interpretation set forth in Condition (1) of might be block parties, but there won’t Resolved, (two-thirds of the Senators present the resolution of ratification of the INF be the fun and freedom that comes concurring therein), That the Senate advise Treaty, approved by the Senate on May 27, from frolicking through the streets in and consent to the ratification of the Proto- 1988, and Condition (8) of the resolution of search of the good treats. All of us rec- col Amending the Convention Between the ratification of the Document Agreed Among ognize the importance of making our the States Parties to the Treaty on Conven- United States of America and Canada with streets and communities safe for chil- Respect to Taxes on Income and on Capital tional Armed Forces in Europe, approved by the Senate on May 14, 1997. dren. Signed at Washington on September 26, 1980 One person, Mary Lewis Grow, as Amended by the Protocols Signed on June (c) PROVISO.—The resolution of ratification 14, 1983, March 28, 1984 and March 17, 1995, is subject to the following proviso, which thought something we might do to signed at Ottawa on July 29, 1997 (Treaty shall be binding on the President: make our young people safer was to es- Doc. 105–29) subject to the declaration of sub- (1) SUPREMACY OF THE CONSTITUTION.— tablish a national Day of Concern. So, section (a), and the proviso of subsection (b). Nothing in the Treaty requires or authorizes this Minnesota homemaker, in 1996, (a) DECLARATION.—The Senate’s advice and legislation or other action by the United persuaded Senators WELLSTONE, SPEC- States of America that is prohibited by the consent is subject to the following declara- TER, and Bradley to introduce this res- tion, which shall be binding on the Presi- Constitution of the United States as inter- olution. Other groups, such as Mothers preted by the United States. dent. Against Violence in America, joined (1) TREATY INTERPRETATION.—The Senate Mr. NICKLES. Mr. President, I ask affirms the applicability to all treaties of her effort. The proclamation of a spe- for a division vote on the resolutions of cial day of recognition also provided the constitutionally based principles of trea- ratification. ty interpretation set forth in Condition (1) of support to a national effort to encour- the resolution of ratification of the INF The PRESIDING OFFICER. A divi- age students to sign a pledge against Treaty, approved by the Senate on May 27, sion is requested. Senators in favor of gun violence. In 1996, 32,000 students in 1988, and Condition (8) of the resolution of the resolutions of ratification will rise Washington State signed the pledge ratification of the Document Agreed Among and stand until counted. (After a card, as did more than 200,000 children the States Parties to the Treaty on Conven- pause.) Those opposed will rise and in New York City, and tens of thou- tional Armed Forces in Europe, approved by stand until counted. sands more across the Nation. the Senate on May 14, 1997. On a division, two-thirds of the Sen- The Student Pledge Against Gun Vio- (b) PROVISO.—The resolution of ratification ators present and voting, having voted is subject to the following proviso, which lence calls for a national observance on shall be binding on the President. in the affirmative, the resolutions of November 6 to give students through- (1) SUPREMACY OF THE CONSTITUTION.— ratification are agreed to. out America the chance to make a Nothing in the Treaty requires or authorizes f promise, in writing, that they will do legislation or other action by the United their part to prevent gun violence. The States of America that is prohibited by the LEGISLATIVE SESSION students’ pledge promises three things: Constitution of the United States as inter- The PRESIDING OFFICER. Under first, they will never carry a gun to preted by the United States. the previous order, the Senate will now school; second, they will never resolve a dispute with a gun; and third, they TAX CONVENTION WITH IRELAND return to legislative session. will use their influence with friends to Resolved, (two-thirds of the Senators present f concurring therein), That the Senate advise discourage them from resolving dis- and consent to the ratification of the Con- NATIONAL CONCERN ABOUT putes with guns. vention between the Government of the YOUNG PEOPLE AND GUN VIO- Mr. President, just last week I joined United States of America and the Govern- LENCE DAY several colleagues on the floor of the ment of Ireland for the Avoidance of Double Senate as we decried the murder of Mr. NICKLES. Mr. President, I ask Taxation and the Prevention of Fiscal Eva- Ann Harris, a 17-year-old Virginian, by sion with Respect to Taxes on Income and unanimous consent that the Judiciary a 19-year-old man in Washington State. Capital Gains, signed at Dublin on July 28, Committee be discharged from further This random act of violence was appar- 1997, together with Protocol and exchange of consideration of Senate resolution 141, ently precipitated because the car in notes done on the same date (Treaty Doc. and that the Senate then proceed to its which Ann was a passenger was going 105–31), subject to the understanding of sub- immediate consideration. section (a), the declarations of subsection too slowly for the driver of the car in The PRESIDING OFFICER. Without which the murderer was riding. The (b), and the proviso of subsection (c). objection, it is so ordered. The clerk (a) UNDERSTANDING.—The Senate’s advice young man was angry enough and mor- and consent is subject to the following un- will report. ally numbed enough to fire his gun into derstanding which shall be included in the The legislative clerk read as follows: Ann’s car, killing Ann. What a tragedy. instrument of ratification, and shall be bind- A resolution (S. Res. 141) expressing the What a waste. ing on the President: sense of the Senate regarding National Con- In another example, a 14-year-old boy (1) EXCHANGE OF INFORMATION.—The United cern About Young People and Gun Violence opened fire in a Moses Lake, WA, class- States competent authority follows a prac- Day. room, killing a teacher and student tice of comity with respect to exchanges of The Senate proceeded to consider the and wounding others. He has been con- information under all tax conventions. resolution. (b) DECLARATIONS.—The Senate’s advice victed, but that does little to ease the and consent is subject to the following two Mrs. MURRAY. Mr. President, I want pain of the loss suffered by that small declarations, which shall be binding on the to thank my many colleagues, who on community. Maybe if he had signed a President: such short notice, agreed to cosponsor pledge, maybe if he had heard the mes- (1) REAL ESTATE INVESTMENT TRUSTS.—The and enact this resolution establishing sage over and over from parents and United States shall use its best efforts to ne- November 6, 1997, as National Concern friends that gun violence was the gotiate with the Government of Ireland a about Young People and Gun Violence wrong way to solve problems, maybe if, protocol amending the Convention to provide Day. I know the many volunteers and maybe if. We don’t know how we might for the application of subparagraph (b) of organizations working to protect our paragraph 2 of Article 10 of the Convention have stopped this act of violence, but to dividends paid by a Real Estate Invest- children also offer their thanks. we know we all have to try education, ment Trust in cases where (ii) the beneficial Today, Halloween, is a perfect day to try outreach, try everything. owner of the dividends beneficially holds an reaffirm our national commitment to Mr. President, we need to help all of interest of 5 percent or less in each class of stopping youth violence. On this night, our kids feel a part of this society. Yet October 31, 1997 CONGRESSIONAL RECORD — SENATE S11573 often we overlook the young people S. RES. 141 SEC. 3. EXTENSION OF AUTHORITY TO PROVIDE themselves when trying to develop so- FINANCING FOR THE EXPORT OF Whereas every day in America, 15 children NONLETHAL DEFENSE ARTICLES OR lutions. Students and other young under the age of 19 are killed with guns; SERVICES THE PRIMARY END USE OF leaders represent the great untapped Whereas in 1994, approximately 70 percent WHICH WILL BE FOR CIVILIAN PUR- resource for improving our commu- of murder victims aged 15 to 17 were killed POSES. nities. As many teachers and police of- with a handgun; Section 1(c) of Public Law 103–428 (12 U.S.C. ficers have told me, ‘‘if a young person Whereas in 1995, nearly 8 percent of high 635 note; 108 Stat. 4376) is amended by striking ‘‘1997’’ and inserting ‘‘2001’’. doesn’t succeed anywhere else, they school students reported having carried a gun in the past 30 days; SEC. 4. CLARIFICATION OF PROCEDURES FOR DE- can always find success in a gang.’’ We NYING CREDIT BASED ON THE NA- need to make sure they have more pro- Whereas young people are our nation’s TIONAL INTEREST. ductive options. The road to creating most important resource, and we, as a soci- Section 2(b)(1)(B) of the Export-Import Bank these options, and to healing our com- ety, have a vested interest in helping chil- Act of 1945 (12 U.S.C. 635(b)(1)(B)) is amended— dren grow from a childhood free from fear munities, starts with the young people (1) in the last sentence, by inserting ‘‘, after and violence into healthy adulthood; consultation with the Committee on Banking themselves. Whereas young people can, by taking re- Young people increasingly grow tired and Financial Services of the House of Rep- sponsibility for their own decisions and ac- resentatives and the Committee on Banking, of getting all of the blame for crime in tions, and by positively influencing the deci- Housing, and Urban Affairs of the Senate,’’ our neighborhoods, and none of the re- sions and actions of others, help chart a new after ‘‘President’’; and sponsibility for solutions. If you ask and less violent direction for the entire Na- (2) by adding at the end the following: ‘‘Each young people what they think will tion; such determination shall be delivered in writing make a difference for them, you’ll find Whereas students in every school district to the President of the Bank, shall state that them to be highly creative. Many times in the Nation will be invited to take part in the determination is made pursuant to this sec- their solutions work far better than so- a day of nationwide observance involving tion, and shall specify the applications or cat- lutions put forward by adults. millions of their fellow students, and will egories of applications for credit which should Young people in my State and across thereby be empowered to see themselves as be denied by the Bank in furtherance of the na- tional interest.’’. the country don’t like school uniform significant agents in a wave of positive so- cial change; and SEC. 5. ADMINISTRATIVE COUNSEL. requirements, curfews, and other poli- Whereas the observance of this day will Section 3(e) of the Export-Import Bank Act of cies enacted for young people. Young give the students the opportunity to make 1945 (12 U.S.C. 635a(e)) is amended— people with the Seattle Youth Involve- an earnest decision about their future by (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and ment Network decided to do something voluntarily signing the ‘‘Student Pledge (2) by adding at the end the following: about it. They opened a dialog with the Against Gun Violence’’, and sincerely prom- ‘‘(2) The General Counsel of the Bank shall police department. They shared per- ise that the students will never take a gun to ensure that the directors, officers, and employ- ees of the Bank have available appropriate legal spectives. They looked across the lines school, will never use a gun to settle a dis- pute, and will use their influence to keep counsel for advice on, and oversight of, issues that separated their cultures. They relating to ethics, conflicts of interest, personnel spoke about ways police see and speak friends from using guns to settle disputes: Now, therefore, be it matters, and other administrative law matters with young people and vice versa. And by designating an attorney to serve as Assistant they found solutions to many problems Resolved, That it is the sense of the Senate General Counsel for Administration, whose du- that— facing them both. ties, under the supervision of the General Coun- For more than a year now, I’ve been (1) November 6, 1997, should be designated sel, shall be concerned solely or primarily with in a dialog with young people from all as ‘‘National Concern About Young People such issues.’’. and Gun Violence Day’’; and over the State of Washington who have SEC. 6. ADVISORY COMMITTEE FOR SUB-SAHARAN (2) the President should be authorized and joined the Senate Advisory Youth In- AFRICA. requested to issue a proclamation calling (a) IN GENERAL.—Section 2(b) of the Export- volvement Team I established. They upon the school children of the United Import Bank Act of 1945 (12 U.S.C. 635(b)) is advise me on issues affecting them, and States to observe such day with appropriate amended by inserting after paragraph (8) the I help them with local community ac- ceremonies and activities. following: tion. Crime, and how to prevent it, is a ‘‘(9)(A) The Board of Directors of the Bank large concern with the young people I f shall take prompt measures, consistent with the talk with, whether they are in gifted credit standards otherwise required by law, to promote the expansion of the Bank’s financial programs or youth offender programs. EXPORT–IMPORT BANK OF THE This resolution today should be seen commitments in sub-Saharan Africa under the UNITED STATES REAUTHORIZA- as an invitation for young people loan, guarantee, and insurance programs of the TION ACT Bank. across the country to tell us what they ‘‘(B)(i) The Board of Directors shall establish think about how to solve the problems Mr. NICKLES. Mr. President, I ask and use an advisory committee to advise the of crime and gun violence. It should be the Chair lay before the Senate a mes- Board of Directors on the development and im- displayed in every school, community sage from the House of Representatives plementation of policies and programs designed center, and on every street corner in on (S. 1026) to reauthorize the Export- to support the expansion described in subpara- America. Import Bank of the United States. graph (A). ‘‘(ii) The advisory committee shall make rec- Mr. President, let us work with our The PRESIDING OFFICER laid be- kids to show them we care. And with ommendations to the Board of Directors on how fore the Senate the following message the Bank can facilitate greater support by Unit- our communities to give these young from the House of Representatives: ed States commercial banks for trade with sub- people other options to violence. I Resolved, That the bill from the Senate (S. Saharan Africa. again affirm my commitment to work 1026) entitled ‘‘An Act to reauthorize the Ex- ‘‘(iii) The advisory committee shall terminate 4 with our young people to let them port-Import Bank of the United States.’’, do years after the date of the enactment of this know we care about them and to help pass with the following amendment: subparagraph.’’. (b) REPORTS TO THE CONGRESS.—Within 6 them learn gun violence is not the an- Strike out all after the enacting clause and months after the date of the enactment of this swer to any problem. insert: Mr. NICKLES. Mr. President, I ask Act, and annually for each of the 4 years there- SECTION 1. EXTENSION OF AUTHORITY. after, the Board of Directors of the Export-Im- unanimous consent that the resolution Section 7 of the Export-Import Bank Act of port Bank of the United States submit to the and preamble be agreed to, en bloc, 1945 (12 U.S.C. 635f) is amended by striking Congress a report on the steps that the Board that the motion to reconsider be laid ‘‘1997’’ and inserting ‘‘2001’’. has taken to implement section 2(b)(9)(B) of the upon the table, that any statements re- SEC. 2. TIED AID CREDIT FUND AUTHORITY. Export-Import Bank Act of 1945 and any rec- lating thereto be placed in the record ommendations of the advisory committee estab- (a) Section 10(c)(2) of the Export-Import Bank lished pursuant to such section. as if read. Act of 1945 (12 U.S.C. 635i–3(c)(2)) is amended by SEC. 7. INCREASE IN LABOR REPRESENTATION The PRESIDING OFFICER. Without striking ‘‘through September 30, 1997’’. objection, it is so ordered. ON THE ADVISORY COMMITTEE OF (b) Section 10(e) of such Act (12 U.S.C. 635i– THE EXPORT-IMPORT BANK. The resolution (S. Res. 141) was 3(e)) is amended by striking the first sentence Section 3(d)(2) of the Export-Import Bank Act agreed to. and inserting the following: ‘‘There are author- of 1945 (12 U.S.C. 635a(d)(2)) is amended— The preamble was agreed to. ized to be appropriated to the Fund such sums (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and The resolution, with its preamble, is as may be necessary to carry out the purposes of (2) by adding after and below the end the fol- as follows: this section.’’. lowing: S11574 CONGRESSIONAL RECORD — SENATE October 31, 1997 ‘‘(B) Not less than 2 members appointed to the ‘‘(ii) which encourages good corporate citizen- (E) Section 4 (12 U.S.C. 635b). Advisory Committee shall be representative of ship and makes a positive contribution to the (F) Section 5 (12 U.S.C. 635d). the labor community.’’. communities in which the entity operates; and (G) Section 6(a) (12 U.S.C. 635e(a)). SEC. 8. OUTREACH TO COMPANIES. ‘‘(iii) in which ethical conduct is recognized, (H) Section 7 (12 U.S.C. 635f). Section 2(b)(1) of the Export-Import Bank Act valued, and exemplified by all employees. (I) Section 8(a) (12 U.S.C. 635g(a)). (J) Section 9 (12 U.S.C. 635h). of 1945 (12 U.S.C. 635(b)(1)) is amended by add- ‘‘(F) Require similar behavior by partners, (3) The following provisions of such Act are ing at the end the following: suppliers, and subcontractors under terms of amended by striking ‘‘Export-Import Bank’’ ‘‘(I) The Chairman of the Bank shall design contracts. each place it appears and inserting ‘‘United and implement a program to provide information ‘‘(G) Implement and monitor compliance with States Export Bank’’: about Bank programs to companies which have the subparagraphs (A) through (F) through a program that is designed to prevent and detect (A) Section 2(b)(1)(A) (12 U.S.C. 635(b)(1)(A)). not participated in Bank programs. Not later (B) Section 3(c)(3) (12 U.S.C. 635a(c)(3)). than 1 year after the date of the enactment of noncompliance by any employee or supplier of (b) DEEMING RULES.—Any reference in any this subparagraph, the Chairman of the Bank the entity and that includes— ‘‘(i) standards for ethical conduct of employ- law, map, regulation, document, paper, or other shall submit to the Congress a report on the ac- record of the United States to the Export-Import tivities undertaken pursuant to this subpara- ees of the entity and of suppliers which refer to the subparagraphs; Bank of the United States is deemed to be a ref- graph.’’. erence to the United States Export Bank, and SEC. 9. FIRMS THAT HAVE SHOWN A COMMIT- ‘‘(ii) procedures for assignment of appro- priately qualified personnel at the management any reference in any law, map, regulation, doc- MENT TO REINVESTMENT AND JOB ument, paper, or other record of the United CREATION IN THE UNITED STATES level to monitor and enforce compliance; TO BE GIVEN PREFERENCE IN FI- ‘‘(iii) procedures for reporting noncompliance States to the Export-Import Bank Act of 1945 is NANCIAL ASSISTANCE DETERMINA- by employees and suppliers; deemed to be a reference to the United States TIONS. ‘‘(iv) procedures for selecting qualified indi- Export Bank Act of 1945. Section 2(b)(1) of the Export-Import Bank Act viduals who are not employees of the entity or SEC. 12. PROHIBITION AGAINST ASSISTANCE TO of 1945 (12 U.S.C. 635(b)(1)), as amended by sec- of suppliers to monitor compliance, and for as- RUSSIA IF RUSSIA TRANSFERS CER- tion 8 of this Act, is amended by adding at the sessing the effectiveness of such compliance TAIN MISSILE SYSTEMS TO THE PEO- PLE’S REPUBLIC OF CHINA. end the following: monitoring; Section 2(b) of the Export-Import Bank Act of ‘‘(J) The Board of Directors of the Bank shall ‘‘(v) procedures for disciplinary action in re- 1945 (12 U.S.C 635(b)) is amended by adding at prescribe such regulations and the Bank shall sponse to noncompliance; the end the following: implement such procedures as may be appro- ‘‘(vi) procedures designed to ensure that, in ‘‘(12) PROHIBITION AGAINST ASSISTANCE TO priate to ensure that, in selecting from among cases in which noncompliance is detected, rea- RUSSIA IF RUSSIA TRANSFERS CERTAIN MISSILE firms to which to provide financial assistance, sonable steps are taken to correct the non- SYSTEMS TO THE PEOPLE’S REPUBLIC OF CHINA.— preference be given to any firm that has shown compliance and prevent similar noncompliance a commitment to reinvestment and job creation If the President of the United States is made from occurring; and aware that Russia has transferred or delivered in the United States.’’. ‘‘(vii) communication of all standards and to the People’s Republic of China an SS–N–22 or SEC. 10. PREFERENCE IN EXPORT-IMPORT BANK procedures with respect to the code of conduct SS–N–26 missile system, the President of the ASSISTANCE FOR EXPORTS TO to every employee and supplier— United States shall notify the Bank of the CHINA TO BE PROVIDED TO COMPA- ‘‘(I) by requiring all management level em- transfer or delivery. Upon receipt of the notifi- NIES ADHERING TO CODE OF CON- ployees and suppliers to participate in a train- DUCT. cation, the Bank shall not insure, guarantee, ing program; or (a) IN GENERAL.—Section 2 of the Export-Im- extend credit or participate in an extension of ‘‘(II) by disseminating information orally and port Bank Act of 1945 (12 U.S.C. 635) is amended credit with respect to, or otherwise subsidize the in writing, through posting of an explanation of by adding at the end the following: export of any good or service to Russia.’’. the standards and procedures in prominent ‘‘(f) PREFERENCE IN ASSISTANCE FOR EXPORTS places sufficient to inform all employees and SEC. 13. PROHIBITION AGAINST PROVISION OF TO CHINA TO BE PROVIDED TO ENTITIES ADHER- ASSISTANCE FOR EXPORTS TO COM- suppliers, in the local languages spoken by em- ING TO CODE OF CONDUCT.— PANIES THAT EMPLOY CHILD LABOR. ployees and managers. ‘‘(1) PROHIBITIONS.— Section 2 of the Export-Import Bank Act of ‘‘(3) SMALL BUSINESS EXCEPTION.—This sub- ‘‘(A) IN GENERAL.—In determining whether to 1945 (12 U.S.C. 635) is amended by adding at the section shall not apply to an entity that is a guarantee, insure, extend credit, or participate end the following: small business (within the meaning of the Small in the extension of credit with respect to the ex- ‘‘(f) PROHIBITION AGAINST ASSISTANCE FOR Business Act).’’. port of goods or services destined for the Peo- EXPORTS TO COMPANIES THAT EMPLOY CHILD (b) ANNUAL REPORT.—Section 2(b)(1)(A) of ple’s Republic of China, the Board of Directors LABOR.—The Bank shall not guarantee, insure, such Act (12 U.S.C. 635(b)(1)(A)) is amended by shall give preference to entities that the Board extend credit, or participate in the extension of adding at the end the following: ‘‘The Bank of Directors determines have established and are credit with respect to the export of any good or shall include in the annual report a description adhering to the code of conduct set forth in service to an entity if the entity— of the actions the Bank has taken to comply paragraph (2). ‘‘(1) employs children in a manner that would with subsection (f) during the period covered by ‘‘(B) PENALTY FOR VIOLATION.—The Bank violate United States law regarding child labor the report.’’. shall withdraw any guarantee, insurance, or if the entity were located in the United States; (c) RECIPIENTS OF ASSISTANCE FROM THE EX- credit that the Bank has provided, and shall or PORT-IMPORT BANK TO BE PROVIDED WITH RE- withdraw from any participation in an exten- ‘‘(2) has not made a binding commitment to SOURCES AND INFORMATION TO FURTHER ADHER- sion of credit, to an entity with respect to the not employ children in such manner.’’. ENCE TO GLOBAL CODES OF CORPORATE CON- export of any good or service destined for the Mr. NICKLES. Mr. President, I move DUCT.—The Export-Import Bank of the United People’s Republic of China if the Board of Di- States shall work with the Clearinghouse on that the Senate disagree to the amend- rectors determines that the entity is not adher- Corporate Responsibility that is being developed ment of the House, agree to the request ing to the code of conduct set forth in para- by the Department of Commerce to ensure that for a conference, and the Chair be au- graph (2). recipients of assistance from the Export-Import thorized to appoint conferees on the ‘‘(2) CODE OF CONDUCT.—An entity shall do Bank are made aware of, and have access to, re- all of the following in all of its operations: part of the Senate. sources and organizations that can assist the re- ‘‘(A) Provide a safe and healthy workplace. The motion was agreed to; and the cipients in developing, implementing, and mon- ‘‘(B) Ensure fair employment, including by— Presiding Officer appointed Mr. itoring global codes of corporate conduct. ‘‘(i) avoiding child and forced labor, and dis- D’AMATO, Mr. GRAMS, Mr. HAGEL, Mr. crimination based upon race, gender, national SEC. 11. RENAMING OF BANK AS THE UNITED STATES EXPORT BANK. SARBANES, and Ms. MOSELEY-BRAUN origin, or religious beliefs; conferees on the part of the Senate. ‘‘(ii) respecting freedom of association and the (a) AMENDMENTS TO THE EXPORT-IMPORT f right to organize and bargain collectively; BANK ACT OF 1945.— ‘‘(iii) paying not less than the minimum wage (1) The first section of the Export-Import ORDERS FOR MONDAY, NOVEMBER Bank Act of 1945 (12 U.S.C. 635 note) is amended required by law or the prevailing industry wage, 3, 1997 whichever is higher; and to read as follows: ‘‘(iv) providing all legally mandated benefits. ‘‘SECTION 1. SHORT TITLE. Mr. NICKLES. Mr. President, I ask ‘‘(C) Obey all applicable environmental laws. ‘‘This Act may be cited as the ‘United States unanimous consent when the Senate ‘‘(D) Comply with United States and local Export Bank Act of 1945’.’’. completes its business today it stand in laws promoting good business practices, includ- (2) The following provisions of such Act are adjournment until the hour of 12 noon ing laws prohibiting illicit payments and ensur- amended by striking ‘‘Export-Import Bank of on Monday, November 3. I further ask ing fair competition. the United States’’ and inserting ‘‘United States on Monday immediately following the ‘‘(E) Maintain, through leadership at all lev- Export Bank’’: els, a corporate culture— (A) Section 2(a)(1) (12 U.S.C. 635(a)(1)). prayer the routine requests through ‘‘(i) which respects free expression consistent (B) Section 3(a) (12 U.S.C. 635a(a). the morning hour be granted and there with legitimate business concerns, and does not (C) Section 3(b) (12 U.S.C. 635a(b)). immediately be a period for the trans- condone political coercion in the workplace; (D) Section 3(c)(1) (12 U.S.C. 635a(c)(1)). action of morning business until the October 31, 1997 CONGRESSIONAL RECORD — SENATE S11575 hour of 2:45 p.m. with Senators per- legislative or executive items that can NASIR ABBASI, OF MARYLAND CHRISTOPHER ADAMS, OF CALIFORNIA mitted to speak for up to 10 minutes be cleared for action. KELLY ADAMS-SMITH, OF NEW JERSEY each. As a reminder to all Members, today STEVEN P. ADAMS-SMITH, OF NEW JERSEY STEPHEN J. AKARD, OF INDIANA The PRESIDING OFFICER. Without cloture was filed on both H.R. 2646, the SALVATORE ANTONIO AMODEO, OF VIRGINIA objection, it is so ordered. A-plus education savings account bill, JONE M. BOSWORTH, OF NEBRASKA MELANIE M. BOWEN, OF MASSACHUSETTS Mr. NICKLES. Under a previous and the motion to proceed to 1269, the ROXANNE CABRAL, OF VIRGINIA order, at 2:45 p.m. the Senate will pro- fast-track legislation. Those cloture MARK MINGE CAMERON, OF ALABAMA HUNTER HUIE CASHDOLLAR, OF TENNESSEE ceed to the nomination of Charles votes will occur on Tuesday morning, GARY L. CHILDS, OF INDIANA Rossotti to be the IRS Commissioner, and the leader will notify all Senators MICHAEL S. COHEN, OF VIRGINIA ANGELA COLYVAS, OF PENNSYLVANIA with a vote to occur at 5:45 p.m. on of the time of the cloture votes on R. SEAN COOPER, OF CALIFORNIA Monday. I anticipate that following the Tuesday. Therefore, all first-degree ALAN EYRE, OF VIRGINIA JOSEPH G. FEARN, OF VIRGINIA 5:45 p.m. vote, the Senate will begin de- amendments to H.R. 2646 must be filed PAUL MICHAEL FERMOILE, OF LOUISIANA bate on a motion to proceed to consid- Monday by 1 o’clock p.m. Needless to ANTHONY C. FERNANDES, OF MASSACHUSETTS ERIC A. FICHTE, OF VIRGINIA eration of Senate bill 1269, the so-called say, all Senators should expect rollcall KATHRYN LAURA FLACHSBART, OF CALIFORNIA fast-track legislation. votes during every day of the session KRISTINA A. GILL, OF TENNESSEE DIANE M. GOODNIGHT, OF VIRGINIA f next week. SANDRA GROOMS, OF VIRGINIA f MICHAEL WILLIAM HALE, OF VIRGINIA AUTHORITY FOR COMMITTEES TO NEAL J. HANLEY, OF VIRGINIA ALI JALILI, OF VIRGINIA FILE REPORTS ADJOURNMENT UNTIL 12 NOON DANIEL P. JASSEM, OF COLORADO MONDAY, NOVEMBER 3, 1997 THOMAS TAN JUNG, OF WASHINGTON Mr. NICKLES. I ask unanimous con- DAVID JOSEPH JURAS, OF KENTUCKY sent the committees have until 6 Mr. NICKLES. Mr. President, if there KIMBERLY A. KARSIAN, OF COLORADO ALEXANDER I. KASANOF, OF NEW YORK o’clock p.m. this evening to file reports is no further business to come before RIMA KOYLER, OF PENNSYLVANIA on legislation. the Senate, I now ask unanimous con- LLOYD R. LEWIS, III, OF OHIO MICHAEL J. MA, OF VIRGINIA The PRESIDING OFFICER. Without sent the Senate stand in adjournment LAURA A. MALENAS, OF MARYLAND objection, it is so ordered. under the previous order. PETER G. MARTIN, OF MASSACHUSETTS There being no objection, the Senate, EMILY T. METZGAR, OF MICHIGAN f DANA CHRISTIAN MURRAY, OF FLORIDA at 3:22 p.m., adjourned until Monday, KIM M. NATOLI, OF FLORIDA PROGRAM November 3, 1997, at 12 noon. KIRBY D. NELSON, OF IDAHO GEORGE ARTHUR NOLL, OF RHODE ISLAND Mr. NICKLES. In conjunction with f QUI NGUYEN, OF CALIFORNIA the previous unanimous-consent agree- BRIAN JAY O’ROURKE, OF NEW MEXICO NOMINATIONS TERESA D. PEREZ, OF TEXAS ments, on Monday the Senate will STEVEN D. PRICE, OF CALIFORNIA begin a period of morning business Executive nominations received by BARTON J. PUTNEY, OF WISCONSIN DANIEL MICHAEL RHEA, OF VIRGINIA from 12 noon until 2:45 p.m. At 2:45 p.m. the Senate October 31, 1997: JAMES SAMUELS, OF VIRGINIA the Senate will proceed to executive DEPARTMENT OF JUSTICE MITCHELL R. SCOGGINS, OF NORTH CAROLINA KATHLEEN R. SEIP, OF VIRGINIA session to consider the nomination of BEVERLY BALDWIN MARTIN, OF GEORGIA, TO BE U.S. SUSANNAH E. SILVERBRAND, OF MAINE calendar No. 351, Charles Rossotti to be ATTORNEY FOR THE MIDDLE DISTRICT OF GEORGIA FOR KIRK G. SMITH, OF WASHINGTON THE TERM OF FOUR YEARS VICE JAMES LAMAR W. AARON TARVER, OF LOUISIANA Commissioner of the Internal Revenue WIGGINS, RESIGNED. CHRISTOPH J. WELSH, OF VIRGINIA Service. Under the previous consent, CENTRAL INTELLIGENCE AGENCY LOUISE M. WILKINS, OF VIRGINIA MARC HERVERT WILLIAMS, OF NEVADA there will be 3 hours of debate upon the ROBERT M. MCNAMARA, JR., OF MARYLAND, TO BE CHARLES GRANDIN WISE, OF VIRGINIA nomination, with the vote occurring at GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY. (NEW POSITION) the expiration of that time. Therefore, f FOREIGN SERVICE Members can anticipate the first roll- THE FOLLOWING-NAMED PERSONS OF THE AGENCIES call vote on Monday at approximately INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- CONFIRMATION 5:45 p.m. Following that vote, the Sen- FICERS OF THE CLASSES STATED, AND ALSO FOR THE ate will begin debate on the motion to OTHER APPOINTMENTS INDICATED HEREWITH: Executive nomination confirmed by FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF proceed to Senate bill 1269, the fast- CLASS TWO, CONSULAR OFFICER AND SECRETARY IN the Senate October 31, 1997: track legislation. The Senate may also THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA: IN THE ARMY consider and complete action on any or KENNETH A. THOMAS, OF OREGON THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN all of the following items: The D.C. ap- IN THE U.S. ARMY TO THE GRADE INDICATED WHILE AS- SERVICE OF THE DEPARTMENT OF COMMERCE AND THE SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- propriations bill, FDA reform con- DEPARTMENT OF STATE TO BE CONSULAR OFFICERS BILITY UNDER TITLE 10, UNITED STATES CODE, ference report, Amtrak strike resolu- AND/OR SECRETARIES IN THE DIPLOMATIC SERVICE OF tion, the intelligence authorization THE UNITED STATES OF AMERICA, AS INDICATED: To be lieutenant general CONSULAR OFFICERS AND SECRETARIES IN THE DIP- conference report, and any additional LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: MAJ. GEN. JACK P. NIX, JR.

VerDate Sep 11 2014 12:04 Jul 12, 2019 Jkt 000000 PO 00000 Frm 00073 Fmt 0624 Sfmt 9801 C:\ERIC\CONGRESSIONAL RECORD SSN FILES_2\S31OC7.REC S31OC7 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 31, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2151 EXTENSIONS OF REMARKS

INTRODUCTION OF LEGISLATION and provide a tangible benefit through an in- It is anticipated that a cashless exercise TO PROVIDE TAX-ADVANTAGED crease in the stock price. system would be used for exercising such the STOCK OPTIONS TO NON-HIGHLY DETAILS NHCE options. This is not unlike the system COMPENSATED EMPLOYEES A new subsection (e) would be added to In- widely used today. ternal Revenue Code section 422. The new The current rules regarding corporate de- HON. AMO HOUGHTON subsection would provide that highly com- ductibility and disqualifying dispositions would OF NEW YORK pensated employees could be awarded stock apply, except for changes in the holding pe- IN THE HOUSE OF REPRESENTATIVES options, up to a new dollar limitation of riod. For example, if the employee exercises Friday, October 31, 1997 $200,000, if half or more of the options grant- the option, and disposes of the stock in 9 ed in a particular year go to non-highly com- months from date of grant, then the employee Mr. HOUGHTON. Mr. Speaker, today I am pensated employees, [NHCE's]. Under current has ordinary income as compensation, and introducing the Employee Stock Option Act of law, section 422(d) mandates a dollar limita- the employer is entitled to a deduction for the 1997, a bill designed to provide tax-advan- tion of $100,000. It is believed that raising the same amount. However, in cases where the taged stock options for more moderately paid cap for these special options will encourage option is held for 2 years or more before exer- employees. The legislation will enable these corporations to grant more options to lower cise or holds the stock 1 year or longer after employees to participate meaningfully in their level employees as further explained below. exercise, then the gain at exercise is not de- company's success. NHCE's comprise those employees who are ductible by the employer. BACKGROUND not defined in section 414(q) as a ``highly Other provisions applicable to the current in- There is a growing concern about the wage compensated employee'', the latter being an centive stock option plans, and identical to gap. The perception is that there is a widening employee who generally earns $80,000 or those in section 422(b), would also apply to in the gap between the compensation of ex- more, adjusted annually for cost-of-living subsection (e) stock options. Generally the ecutives who are given stock options and reg- changes. Amount increased under H.R. 3448. provisions are: ular employees. Much of executive compensa- If the employee either holds the subsection An option plan approved by the sharehold- tion is made in the form of stock options. They (e) option for 2 years or holds the stock for at ers is required. have been profitable because of a rising stock least a 1-year period, then no income would Option price no less than the fair market market. Furthermore, many executives have be recognized by the employee upon grant or value at date of grant. earned substantial awards during a period of exercise of the option. Upon sale, any gain Option granted with 10 years from the date poor performance or and at times when others would be treated as a long-term capital gain plan is adopted. were being laid off. and could be eligible for the new reduced cap- Option period no longer than the shorter of How can we address this wage gap issue ital gain rate of 20 percent if the employee 10 years or 1 year after termination of employ- without imposing Government mandates, etc. holds the stock longer than 18 months, other- ment. at the upper end? There is presently a $1 mil- wise it would be subject to the current maxi- Option not transferable except at death, etc. lion limit on the tax deductibility of nonperform- mum rate of 28 percent or treated as ordinary Grantee does not own stock possessing ance based executive compensation for a income if that resulted in a lesser tax. The more than 10 percent of the voting power. publicly-traded corporation. The limit can be present law requires a holding period of at In addition, non-employee directors, inde- exceeded if compensation is based on per- least 2 years from date of grant and 1 year for pendent contractors, and consultants would be formance goals or stock options tied to the the stock, so it is necessary to add a provision ineligible to receive subsection (e) stock op- market, therefore this limit has not slowed the to cover the subsection (e) options as the op- tions. increase in total compensation of executives tion could be exercised after 2 years and the It is not the intention of this proposal to during the past few years. stock immediately sold. change the provisions relating to incentive This Employee Stock Option Act of 1997 In addition, the excess of the fair market stock options under section 422, other than takes a different approach. Rather than putting value at exercise of the subsection (e) option adding a new special option under section 422 a lid on the top, it gives a lift to the bottom. shares over the option price, would not be (e), or employee stock options under section This legislation will benefit employees, whose subject to the alternative minimum tax [AMT], 423. hard work has enhanced the companies over- as under current law. This exception would The proposal is not limited to publicly-traded all performance. In other words, employees only apply to the new subsection (e) options. companies, although that is where the wage through a broad-based stock option program Although the current AMT on incentive stock gap issue has been highlighted because of the ought to be able to build their wealth beyond options normally might not apply to individual compensation information available to the pub- what they would ordinarily receive from a sal- NHCE's because of the annual exemption, this lic. Private companies should be able to par- ary. Furthermore, this act would give employ- exception would eliminate the burden of com- ticipate as well. ees with limited disposable income the luxury plexity and recordkeeping requirements relat- I urge my colleagues to join me in support of cashing in the option to pay education cost, ed to such calculations. This change would of this legislation. putting a down payment on a home, or main- also encourage corporations to make greater f taining savings for the future. use of the stock options for employees and PROPOSAL executives. A TRIBUTE TO HAROLD Provides a special stock option provision for If the employer offers subsection (e) options MALKMES—1997 CITIZEN OF THE employee stock options [ESO's], if companies to employees who qualify as NHCE employ- YEAR offered at least 50 percent of the total options ees, and such options represent at least 50 under the special stock option provision in a percent of the total subsection (e) options HON. MICHAEL P. FORBES given year to non-highly compensated employ- granted to all employees in a given year, then OF NEW YORK ees [NHCE's]. highly compensated paid employees could re- IN THE HOUSE OF REPRESENTATIVES The idea is to provide a simple stock option ceive the identical tax benefit as the NHCE's. approach for all employees. Such an option This test would be applied on a yearly basis. Friday, October 31, 1997 could be easily converted into cash, with mini- The combination of first, a shorter minimum Mr. FORBES. Mr. Speaker, I rise today in mum taxes, and would therefore put funds im- holding period of 1 year, second, elimination this hallowed Chamber to join the Patchogue- mediately in the employees' pockets. Of of the AMT, and third, raising the annual cap, Medford Youth & Community Services of course, it is recognized that some holding pe- all applicable only to subsection (e) stock op- Patchogue, Long Island as they honor Mr. riod of the option or stock is appropriate for tions, should be a powerful incentive for cor- Harold Malkmes, of Stony Brook, Long Island, consistent tax policy. porations to offer these options to regular em- as 1997 Citizen of the Year. This proposal would encourage employee ployees in order to be able to offer them to ex- A native of Port Jefferson, on Suffolk Coun- participation in the growth of the enterprise ecutives. ty's north shore, Harold Malkmes has served

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E2152 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 1997 the residents of Brookhaven for the past 31 member for over 17 years. Eugene has also community of Union County. The leadership years as the town's superintendent of high- demonstrated a unique capacity to lead, serv- and commitment of the administration, office ways. During his tenure, Mr. Malkmes has ing as president of the Fidelians and sitting on staff and aides, warehouse staff, supervisors dedicated himself to maintaining the safest the board of trustees for several years. and managers, and all corporation drivers possible system of roads, instituting many in- Eugene has born and raised in Paterson, at- have contributed to this great American suc- novative programs, including ones that suc- tending Public School No. 18 and Eastside cess story. cessfully alleviated severe drainage problems High School. He went on to earn a bachelor's It is a great pleasure to honor and recognize throughout the town. degree in business administration from Seton the outstanding dedication and service of Mr. Perhaps the most significant of Mr. Malkmes Hall University. A resident of Franklin Lakes, Roy A. Lebovitz; and East Coast Warehouse innovations is the development of the Eugene and his wife, Stephanie, are the proud and Safeway Trucking, on their anniversaries. Brookhaven Town composting program and parents of two children, Victoria and Michael. f ecology education site, located in the town's However, the story of Eugene's success Holtsville community. Nationally recognized for neither begins nor ends with his involvement EXPRESSING SORROW OF THE its cooperative work with the Boy and Girl with the Fidelians. Eugene also serves the HOUSE AT THE DEATH OF HON. Scouts, 4H Clubs and senior citizens, this community in a multitude of other capacities. WALTER H. CAPPS, REPRESENT- ground-breaking program uses hands-on ex- As a member of the Most Blessed Sacrament ATIVE FROM THE STATE OF hibits and demonstrations that teach the im- Church in Franklin Lakes, he is the treasurer CALIFORNIA portance of recycling, reusing, and preserving and a board member of the Catholic Charities our precious natural resources. of Passaic and Sussex Counties. Eugene is a SPEECH OF A graduate of the State University of New trustee for the IBEW 1158 Pension and Wel- HON. LYNN C. WOOLSEY fare Fund, a position he has held for the past York at Farmingdale with a degree in horti- OF CALIFORNIA decade. He has been the president of the culture, Mr. Malkmes was imbued with his love IN THE HOUSE OF REPRESENTATIVES for Long Island's natural environment as a Mount Joseph's Childrens' Center in Totowa. youth working in his family's florist business. In addition to his charity work with the Wednesday, October 29, 1997 Today, Mr. Malkmes sponsors the Holtsville Fidelians, Eugene supports the Deborah Heart Ms. WOOLSEY. Mr. Speaker, on a truly sad Explorer Post that works with youth who are Center, the Sloan Kettering Cancer Center, day for this Chamber and for this country, I interested in the field of ecology and devel- and the National Kidney Foundation. rise to honor our colleague, WALTER CAPPS, a oped the ``Help Save the Wildlife'' program Mr. Speaker, I ask that you join me, our col- leader, a role model, and a friend. that allows residents, students, church groups, league, Mr. Coppola's family, and the WALTER represented the people of Santa and schools to sponsor the care and keeping Fidelians in recognizing Mr. Eugene Coppola Barbara with energy, zeal, and honor. I ad- of an animal at the Holtsville Zoo. Mr. as the Fidelians' Man of the Year for 1997. mired WALTER for his principles and for the Malkmes also developed the Ecology Site f solid direction of his moral compass. WALTER Outreach Showmobile, allowing the ecological IN HONOR OF THE 40TH ANNIVER- was a member who didn't just talk about val- education program to travel to local schools SARY OF EAST COAST WARE- ues and principles. He lived them. And for and visit kindergarten and third grade classes HOUSE AND 43D ANNIVERSARY this, WALTER was a role model to us all. that are unable to visit the zoo. OF SAFEWAY TRUCKING Working with him as part of the California These are just a few of the reasons, Mr. delegation taught me so much about the kind Speaker, that I ask my colleagues in the U.S. HON. ROBERT MENENDEZ of leader and the kind of person that we all House of Representatives to join me honoring OF NEW JERSEY strive to be. He gave his heart and soul to the Harold Malkmes, a dedicated public servant IN THE HOUSE OF REPRESENTATIVES service of the people of his district, to the peo- who has done so much more than fulfill his ple of California, and to the people of our Na- duties of office. His dedication and tireless ef- Friday, October 31, 1997 tion. He was a great thinker, a great philoso- forts for the residents of Brookhaven Town, Mr. MENENDEZ. Mr. Speaker, I rise today pher, and a great man. I will never forget WAL- Long IslandÐparticularly its youthÐshould to pay tribute to two outstanding corporations, TER's generous spirit and warm heart. serve as an example to all of us who are East Coast Warehouse & Distribution and WALTER dedicated his life to solving prob- called to public service. Congratulations, Har- Safeway Trucking Corp. On November 2, lems and resolving conflicts. And even without old. 1997, Mr. Roy A. Lebovitz will help celebrate his physical presence, his spirit lives on in the f these two milestonesÐthe 40th anniversary of Halls of this Chamber. East Coast Warehouse and the 43d anniver- f TRIBUTE TO EUGENE COPPOLA sary of Safeway TruckingÐwith an enjoyable evening of dinner and dancing at the Holiday LESS FEDERAL BUREAUCRACY HON. BILL PASCRELL, JR. Inn North's Grant Ballroom in Newark, NJ. AND MORE COMMUNITY PARTICI- OF NEW JERSEY East Coast Warehouse & Distribution was PATION IN THE HOUSE OF REPRESENTATIVES incorporated nearly 40 years ago on Decem- ber 11, 1957. East Coast Warehouse grew Friday, October 31, 1997 HON. BOB SCHAFFER from its beginnings with 125 thousand square OF COLORADO Mr. PASCRELL. Mr. Speaker, I would like to feet of warehouse space and 25 employees to IN THE HOUSE OF REPRESENTATIVES call to your attention Mr. Eugene Coppola as have more than 1.4 million square feet of he is honored by the Fidelians as their 1997 space and more than 200 employees. Friday, October 31, 1997 Man of the Year on Saturday, November 1, Mr. Roy A. Lebovitz, who was born in New- Mr. BOB SCHAFFER of Colorado. Mr. 1997. He has earned this prestigious honor by ark, NJ on December 14, 1932, became the Speaker, as we debate the merits of various becoming a driving force behind the Fidelians' corporation president, and vice president of federal programs, I urge colleagues to keep in magnanimous and numerous charitable ef- the sister company, Safeway Trucking Corp. mind the benefits of less Federal bureaucracy forts. on March 10, 1962. He graduated with a and more community participation. We all rec- The Fidelians were founded in 1939 as an bachelors degree in business administration ognize how much money is lost or wasted be- organization to help inner city youth. It has from Upsala College in 1955. Mr. Lebovitz and tween the Federal level and the actual local grown in the ensuing decades and can now his lovely wife Barbara were married on Feb- people who we are trying to help. The best claim over 100 members. As an organization, ruary 21, 1959. They have five children, Amy, form of support we can give Americans is the the Fidelians own a 31¤2 acre camp in North Sheri, Jane, Beth, and Marc, and five grand- power to do for themselves. This can be Haledon. Each summer, they administer a children. Mr. Lebovitz served in the U.S. Army achieved by empowering communities closest summer camp for children with Down's syn- form 1955 to 1957 prior to beginning his work to problems to have the most autonomy in de- drome. In addition, they assist other camps for Safeway Trucking and East Coast Ware- ciding how to meet the challenges that face that utilize their facilities, including a camp house. Mr. Lebovitz also founded successful them. On this point, I want to share the from Paterson that supports children with cer- warehousing operations in Texas and Canada, thoughts of Krista Kafer of Colorado. ebral palsy. employing an additional 130 staffers along the Studying physics taught me a thing or two For early two decades, Eugene has played way. about government. In an engine, large gears a vital and integral role in directing the chari- Over the years, these corporations have move slowly but with great force. Small table deeds of the Fidelians. He has been a created partnerships with the residents of the gears move with greater speed but less force. October 31, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2153 Each cog interlocks with the others, doing HONORING THE THOMAS J. LAHEY Since its creation in 1971, ACTS has been the its part to run the machine. Such laws apply ELEMENTARY SCHOOL leader in lifecare, combining a wide range of to the mechanics of society. When friends of services and amenities to meet changing mine complain that government reform is health care needs at any level: from fully inde- too slow, I tell them that Washington is not HON. GARY L. ACKERMAN OF NEW YORK pendent living, to home health care, to as- unlike a large gear, powerful but slow. If you IN THE HOUSE OF REPRESENTATIVES sisted living and skilled nursing care. The ob- want to see immediate change, work at a vious advantage is that seniors can be as- local charity, run for City Council, join the Friday, October 31, 1997 sured of receiving the exact level of care they PTA, put your shoulder to the nearest wheel. Mr. ACKERMAN. Mr. Speaker, I rise today need in one setting, usually without having to American society runs by the motion of its to honor the Thomas J. Lahey Elementary be separated from a spouse, friends, or family. different institutions. Families, businesses, School, in Greenlawn, NY, which has recently Throughout its 25-year history, ACTS has charities, churches, community groups, received the prestigious Blue Ribbon School been the preeminent leader of lifecare. local, state, and federal governments are Award by the Department of Education. The Since day one, Lima Estates has remained interlocking gears that drive America. Burn- school will be honored at a ceremony on No- a haven for seniors and a great provider of ing labor, ingenuity, compassion and faith as vember 6 with Education Secretary Richard lifecare. Beautiful woodlands, rolling hills, and fuel, the machine reaps the energies of its Riley. graceful colonial style architecture welcome citizens to provide for the common good. The Thomas J. Lahey Elementary has taken you to this 54-acre site. They hired only the Since its inception, America has relied many innovative steps to involve the entire best, highly trained employees available and upon the efforts of all of its institutions to community in improving the quality of edu- have remained alert to advances in health care for the needs of its citizens. However, cation for its 962 students. Volunteers care and to the challenging needs and expec- during this century, the brunt of the work throughout the community assist in a variety of tations of its residents. Lima Estates is proud has fallen upon the large gear, the federal tasks from reading to children to providing of its affiliation with ACTS and hopes that their government, requiring it to provide services computer instruction in the classroom. The continued partnership to provide the premier once entrusted to other institutions. Over- school also works in conjunction with local lifecare in the Nation will continue well into the burdened and overused, the federal system businesses to further the growth of both the future. has overheated while community, church, community and the students. For example, for Mr. Speaker, I ask that my colleagues rise business, and family remain under used, free National Book Week, a local supermarket do- with me in this tribute to Lima Estates and spinning, not fully engaged. nated more than 800 grocery bags which stu- ACTS as it celebrates its 25th anniversary. The federal government is doing things it dents used to create a drawing and write a Their formidable record of providing the best was never meant to do which is why it does summary of their favorite books. These bags quality lifecare available has improved and in- not perform efficiently. It sputters and were distributed throughout the town of vigorated the lives of so many. I am proud to coughs, lacking the flexibility to adapt to Greenlawn. This unique partnership between have such an important and respected organi- local situations, different speeds, and dif- school and community should serve as a zation in my district. ferent conditions. Like an ailing car engine model for other schools who are trying to do f it get poor mileage, burning tax dollars and more for their students in a time of declining returning only nickels. We are $5 trillion in HONORING ARTHUR J. budgets. The partnership also reminds us all GLATFELTER’S 50 YEARS OF debt but not one step further from where we of the role we in the community need to play started. With soaring crime, illiteracy, pov- SERVICE IN THE INSURANCE IN- in bettering our Nation's schools. DUSTRY erty, and illegitimacy, it would seem that we Much of the school's success can also be have rolled backward. The war on poverty attributed to the work and dedication of its has failed because it did not engage the principal, Dr. Janet Perrin, who can often be HON. WILLIAM F. GOODLING whole engine. OF PENNSYLVANIA found reading to children and participating in IN THE HOUSE OF REPRESENTATIVES In 1994, Congress began the process of over- classroom instruction. Under her leadership, hauling the engine. Together with parents, students, and teachers have been Friday, October 31, 1997 innovators and mechanics from the private challenged to give more of themselves to bet- Mr. GOODLING. Mr. Speaker, I rise to sector and local governments, it is attempt- ter both the school and the community. honor Mr. Arthur J. Glatfelter. On November 7, ing to spread the work of the large gear to The school has taken important steps in in- 1997, Mr. Glatfelter will be recognized for 50 the rest of the engine. For example, since the creasing the children's access to the Internet years of service in the insurance industry. enactment of the Personal Responsibility and the World Wide Web. At the same time, Mr. Glatfelter entered the insurance busi- and Work Opportunity Act (welfare reform), ness in 1947 as a solicitor; 4 short years later states and counties have joined with private the school is working with the community to agencies and charities to help record num- teach students the importance of the arts in he opened his own insurance agency. Today bers of individuals escape welfare depend- our society. The Thomas J. Lahey Elementary the Glatfelter Insurance Group has more than ency. This is not a trial start. These small School truly embodies the ideals of creativity 370 associates throughout 8 satellite offices in gears must prepare themselves to undertake and innovation. I ask all of my colleagues to the United States and Canada. This agency the work of the big gear. Ultimately, we join me in honoring this truly dynamic institu- has grown to become one of the 10 largest must assume that work because we, the peo- tion. privately owned agencies in the country. ple, turn those gears. f Over the years, as his agency has grown, so have his commitments to our community. The prospect of greater freedom and lower TRIBUTE TO LIMA ESTATES AND taxes must not leave us idle. Freedom is not Community service and an eagerness to help THE 25TH ANNIVERSARY OF others are values which have guided Mr. free. Statistics reveal that the spirit of vol- ACTS, INC. unteerism is growing. It must. In the final Glatfelter in his personal and professional life. inspection, we find that it can no longer be Through his generosity and his desire to give the responsibility of someone else to help HON. CURT WELDON back, he has made a difference in the lives of our neighbors, to teach our children, to run OF PENNSYLVANIA countless York County residents. our communities, to conserve our resources, IN THE HOUSE OF REPRESENTATIVES Art Glatfelter is a shining example of our American way of life; his devotion and tireless and to enforce ethics and decency in our en- Friday, October 31, 1997 terprises. It is ours. The day has passed when work on behalf of those in need have and will we could mind our own business and just Mr. WELDON of Pennsylvania. Mr. Speaker, continue to meet the growing needs in our take care of our own. This country is our I rise today to pay respectful tribute to the great Commonwealth and the York commu- business. It is our own. We must man the Adult Communities total Services, ACTS, Inc., nity. Mr. Glatfelter is one of the good people crank and turn the gears. on the 25th anniversary of the opening of the who makes a difference in our society. first of its 15 retirement communities in 1972. I recall a phrase from an anonymous author: Mr. Speaker, it is the resourcefulness of the Lima Estates, since its subsequent construc- ``Those who can give even a little have the American people that made our country so tion in 1979, has upheld the highest standards sense of full participation in a great neighborly strong. Giving power back to the people is the that ACTS demands. understanding.'' Mr. Glatfelter has given much best way to continue the tradition of excel- Six thousand individuals are residents of the more than ``a little'' and has clearly established lence established so long ago in this great Na- 15 ACTS lifecare retirement communities in himself as a great friend of compassion, tion. Pennsylvania, North Carolina, and Florida. warmth and understanding. E2154 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 1997 Mr. Speaker, I wholeheartedly congratulate ciation of Northern New Jersey for his long Her good work contributed to more Members Mr. Glatfelter on 50 years of commendable and distinguished service as a dedicated law of this body becoming aware of the impor- service in the insurance industry, the Com- enforcement officer on Sunday, November 2, tance of a strong U.S.-Indo relationship. Mem- monwealth of Pennsylvania and the neighbor- 1997. bers of the Indian-American community in my hoods of York County. Jerry was born in Paterson, the son of district and in New Jersey spoke highly of their f James and June Gamble. He received his dealings with the Ambassador and the service education in the Haledon School System and they received from the Mission. A TRIBUTE TO THE FIRST is a graduate of the Technical and Vocational Ambassador Cowsik has had a long and BAPTIST CHURCH OF CUTCHOGUE High School. Later, he attended William distinguished career in India's Foreign Service, Paterson College. Quickly becoming a suc- and she is one of its highest serving women. HON. MICHAEL P. FORBES cess in the law enforcement field, Jerry went Previously, she served in the Philippines, OF NEW YORK back to school to further his occupational Thailand, and the former Yugoslavia. I hope IN THE HOUSE OF REPRESENTATIVES knowledge by attending management pro- my colleagues will join me in congratulating grams at Rutgers University. her for her service to India and Indian-Ameri- Friday, October 31, 1997 Jerry's career has been one of consistent cans, and in wishing her success in her new Mr. FORBES. Mr. Speaker, I rise today to success and a prestigious line of promotions. position as Ambassador to Cyprus. recognize and honor the historical develop- Jerry joined the Borough of Haledon's police f ment of the First Baptist Church of Cutchogue. force in 1966 as a special police officer. Pro- STATEMENT ON THE PASSING OF In 1924, a small dedicated group of members moted to the rank of full police officer in 1970, JOHN N. STURDIVANT, NATIONAL met in a little school house on Oregon Road Jerry made sergeant 7 years later. In 1982, he PRESIDENT, AMERICAN FEDERA- in Cutchogue Long Island, under the leader- was promoted to captain. Five years later, in TION OF GOVERNMENT EMPLOY- ship of Reverend E.A. Green. There, a foun- March of 1987, Jerry was named Haledon's EES (AFGE) dation of faith was laid and dreams of things chief of police. bigger and better began. Success in his professional life has also In no time at all the church began to flour- been accompanied by personal triumphs. HON. ELIJAH E. CUMMINGS ish. The members established a board of dea- Jerry and his wife, the former Geri Castello, OF MARYLAND cons, trustee board, missionary society, and a are the proud parents of daughter Lindsey IN THE HOUSE OF REPRESENTATIVES senior choir. The little school house was no Marie Gamble. Throughout the Borough of Friday, October 31, 1997 longer able to hold all of God's people. The Haledon and the surrounding communities, Mr. CUMMINGS. Mr. Speaker, it is with trustees believed in the Baptists and were will- Jerry is well known as a giving man with an great sorrow that I rise today to pay tribute to ing to do something to help. On December 15, extensive love of family, people, and children. the memory of a great labor leader, a great 1925 they purchased a quarter of an acre of Keeping pace with his outstanding career, citizen, and a great man, John N. Sturdivant. land on Middle Road from Frank and Anna Jerry has also been active in a number of John Sturdivant was president of the American McBride for the amount of $866.00. The deed charitable and service-oriented organizations. Federation of Government Employees was signed by trustees William Brown, Gilbert He has demonstrated a unique capacity for (AFGE), one of the largest Federal unions, Davis, Kelsy Cosby, Anderson Cook, and leadership, serving as the president of the which has about 178,000 active members in John Jacobs. The little church wasn't little any- Passaic County Police Chiefs Association and 1,100 locals and represents about 600,000 more. as the first vice-president of the Passaic workers in 68 Federal agencies. Through all Thanks to the trustees and the dedicated County 200 Club. Jerry is also a member of the Congressional debate about the role and members, the beliefs of the Baptists were kept PBA±349, the New Jersey State Chief of Po- responsibilities of the Federal Government, alive and the followers were strong and nu- lice Association, the National Association of one person was always there ensuring that merous. This success can in part be attributed Chiefs of Police, the Italian American Police U.S. tax dollars were not wasted and that vital to the dedicated pastors who provided guid- Officers Association, the New Jersey/New public services were not lost. He was a watch- ance, patience, and support to their congrega- York Honor Legion, and the Haledon Business dog against inefficiency and a champion of tion and the community. and Economic Development Association. worker and human rights. Present pastor, Rev. Cornelius Fulford Mr. Speaker, in recognition of Police Chief Mr. Sturdivant, a full partner in President blessed the followers with his wisdom, grace, Jerry Gamble's significant and outstanding Clinton's efforts to reinvent government, knew and mercy when he took over the responsibil- services to Haledon and the greater Passaic Americans wanted a more effective govern- ity of the church in 1989. Pastor Fulford real- County community, would you join me, our ment. His efforts have made AFGE a leader in izes how important children are to the church colleagues, Chief Gamble's family, and the overcoming the Federal bureaucracy and and he focuses on programs like Bible study, law enforcement community of Passaic Coun- achieving results. He combated the notion that C.C.C. Choir, and the junior usher board. His ty in congratulating him on this impressive workers are part of the problem when it comes preaching, teaching, and reaching out honor. to increasing government efficiency. Thanks to strengthened the bonds between the followers f leaders like John Sturdivant, front-line workers and provided them with the leadership they are perceived as the solution and AFGE mem- need to continue to grow as a congregation TRIBUTE TO AMBASSADOR bers are bringing about important changes in and as a society. SHYAMALA B. COWSIK the way the Federal Government operates. Mr. Speaker, it is an honor to have the First During the 1995 and 1996 Government Baptist Church of Cutchogue and its members HON. ROBERT MENENDEZ shutdowns, intensive work by Mr. Sturdivant as one of our Eastern Long Island neighbors. OF NEW JERSEY and AFGE secured important public support This blessed church and its members learned IN THE HOUSE OF REPRESENTATIVES for the hundreds of thousands of Government that with hard work and perseverance, any- employees who were locked out of their jobs Friday, October 31, 1997 thing is possible in the Name of the Lord. The or forced to work without pay. As a result of dedication of the clergy and congregation de- Mr. MENENDEZ. Mr. Speaker, I rise to pay AFGE's comprehensive campaign, strong pub- serve our acknowledgement. I thank you for special tribute to Ambassador Shyamala B. lic pressure was brought to bear on an intrac- joining with me in their praise and recognition. Cowsik, the Deputy Chief of Mission at the In- table Congress, ending the shutdowns and re- f dian Embassy in Washington. During Ambas- turning Federal employees to work with the sador Cowsik's tenure in Washington, eco- guarantee of back pay. A TRIBUTE TO JERRY GAMBLE nomic, political, and social relations between As a key member of the National Partner- the United States and India continued to grow. ship Council led by Vice President Al Gore, HON. BILL PASCRELL, JR. She has played an important role in improv- Mr. Sturdivant has helped agencies like Veter- OF NEW JERSEY ing relations between the United States and ans Affairs and Social Security, once plagued IN THE HOUSE OF REPRESENTATIVES India. Ambassador Cowsik represented the in- with adversarial labor relations, improve cus- terests of India not only in Washington but tomer service and save taxpayers' money. Friday, October 31, 1997 also throughout the United States. As a mem- The changes his leadership brought to the Mr. PASCRELL. Mr. Speaker, I would like to ber of the Congressional Caucus on Indian Federal workplace have not only given work- call to your attention Mr. Jerry Gamble. Jerry and Indian-Americans, I had an opportunity to ers a greater voice on the job, but also re- will be honored by the Joseph M. Pizza Asso- work with her closely on several occasions. moved the roadblocks which prevented them October 31, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2155 from taking part in the political process. A fa- TRIBUTE TO GRANITE FARMS ES- lence, discrimination in education and the miliar face on Capitol Hill, Mr. Sturdivant TATES AND THE 25TH ANNIVER- workplace. One of my first acts in Congress helped AFGE achieve its 20-year legislative SARY OF ACTS, INC. was to join the caucus, and I am proud to be initiative with the passage of Hatch Act Re- a member of it. Among our accomplishments in the 20 form, legislation that allows Federal employ- HON. CURT WELDON years since the Women's Caucus was formed, OF PENNSYLVANIA ees to become politically active without undue we have shepherded to passage legislation IN THE HOUSE OF REPRESENTATIVES restrictions. protecting pregnant women from employment Mr. Sturdivant not only amplified the chorus Friday, October 31, 1997 discrimination, improving enforcement of child- of Federal workers and their issues, he was Mr. WELDON of Pennsylvania. Mr. Speaker, support orders, providing a 3-year extension of also a new voice for America's minorities. One I rise today to pay respectful tribute to the health insurance coverage for wives and di- of Ebony Magazine's 100 Most Influential Adult Communities Total Services, ACTS, Inc., vorced spouses, ensuring that the National In- stitutes of Health do not ignore research on Blacks in America, he was the first African- on the 25th anniversary of the opening of the the health problems of women, and the Family American to head AFGE and first to serve as first of its 15 lifecare retirement communities. Granite Farms Estates was the 11th such and Medical Leave Act. president of a major AFL±CIO union. Elected community and, since its creation, it has Our work is not finished, however. American in 1988, Mr. Sturdivant also served as a vice upheld the highest standards that ACTS de- women still face discrimination in employment president of the AFL±CIO. In 1989, he was mands. and pay. We need more protections in child elected vice president on the AFL±CIO Execu- Six thousand individuals are residents of the support enforcement and domestic violence. tive Council. 15 ACTS lifecare retirement communities in We need the caucus now more than ever. f John Sturdivant was a trailblazer whose Pennsylvania, North Carolina, and Florida. commitment and contributions on behalf of the Since its creation in 1971, ACTS has been the EXPRESSING SORROW OF THE labor movement, government workers and our leader in lifecare, combining a wide range of CLEMENT HOUSE AT THE DEATH services and amenities to meet changing way of life will be sorely missed. His passion OF HON. WALTER H. CAPPS, REP- health care needs at any level; from fully inde- and sacrifice have made a lasting impression RESENTATIVE FROM THE STATE pendent living, to home health care, to as- OF CALIFORNIA on my colleagues and myself, and the people sisted living and skilled nursing care. The ob- on behalf of whom he toiled will continue to vious advantage is that seniors can be as- SPEECH OF benefit from the fruit of his efforts and cherish sured of receiving the exact level of care they his memory for a long time to come. need in one setting, usually without having to HON. BOB CLEMENT OF TENNESSEE be separated from a spouse, friends, or family. IN THE HOUSE OF REPRESENTATIVES f Throughout its 25-year history, ACTS has been the preeminent leader of lifecare. Wednesday, October 29, 1997 CONGRATULATIONS TO Although ACTS, Inc. inaugurated the first of Mr. CLEMENT. Mr. Speaker, WALTER CAPPS AMBASSADOR COWSIK its communities in 1972, it was not until 1986 was a rare gift to those who work on Capitol that Granite Farms Estates was opened. Situ- Hill. Others have eulogized him and found that ated atop a beautiful rise on the former Wawa in such instances, words are inadequate. But HON. GARY L. ACKERMAN Dairies' pasture on 25 acres, the Granite it remains important to struggle for such

OF NEW YORK Farms Estates has remained a haven for sen- words. And it is the only fitting tribute for a iors and a great provider of lifecare. Its serene man who left everyone with nothing but IN THE HOUSE OF REPRESENTATIVES country setting and its close proximity to a na- smiles. ture preserve have contributed to its mission No one will say they knew him well enough Friday, October 31, 1997 to secure a peaceful environment and state of or long enoughÐhis passing came too soonÐ Mr. ACKERMAN. Mr. Speaker, later this mind. Home to over 500 residents, Granite but all will say they were happy to have known month Shyamala B. Cowsik, the Deputy Chief Farms has hired only the best, highly trained him. His personality was such that you felt close to him and wished to claim that you Minister at the Embassy of India, will conclude employees and has remained alert to ad- vances in health care and to the challenging were. It was an honor to be able to consider a 2-year tour of duty in the United States. Dur- needs and expectations of its residents. Gran- yourself a friend of WALTER CAPPS. He was a ing this 2-year period, Ambassador Cowsik ite Farms Estates is proud of its affiliation with watermark for good and a genuine, kind man has been a central figure in the growing diplo- ACTS and hopes that their continued partner- worthy of emulation. matic relationship between the United States ship to provide the premier lifecare in the Na- I worked with Mr. CAPPS on the International and India. She has worked tirelessly to build tion will continue well into the future. Relations Committee and was always touched new bridges between the world's oldest de- Mr. Speaker, I ask that my colleagues rise by his gregarious and personable presence. mocracy and the world's largest democracy with me in this tribute to Granite Farms Es- He was wise and thoughtful in ways uncom- and to destroy many misconceptions which tates and ACTS as it celebrates its 25th anni- mon and was passionate in his desire to help kept our countries apart for many years. versary. Their formidable record of providing others. He loved his job and shared with oth- the best quality lifecare has improved and in- ers his good humor and a warm sense of re- As a member of the Congressional Caucus vigorated the lives of so many. I am proud to sponsibility and purpose. In no way was he on India and Indian-Americans, I have been have such an important and respected organi- political in the pejorative sense; he was an in- privileged to know Ambassador Cowsik and to zation in my district. tellectual who understood his talent to bridge interact with her on several occasions. She f disciplines and cut through rhetoric in hopes of has been an outstanding representative of her reconciling differences and pushing colleagues country's interests in Washington and in other 20TH ANNIVERSARY OF THE toward progress. His seat on the committee is FOUNDING OF THE CONGRES- cities across the United States. My own district empty and that emptiness will be felt long be- SIONAL CAUCUS FOR WOMEN’S in New York City and Long Island has a large, yond this Congress. ISSUES But Mr. CAPPS was a man who touched oth- growing and prosperous Indian-American com- ers. He saw value and equality in his col- munity which has been a source of inspiration HON. JULIA CARSON leagues, legislative and building staff mem- and pride for me in my capacity as a Member OF INDIANA bers, and his constituents. He admired them of Congress. I am certain my constituents will IN THE HOUSE OF REPRESENTATIVES as much as they admired him, though I am miss Ambassador Cowsik as she departs to sure he never fully understood how much they Friday, October 31, 1997 become India's Ambassador to Cyprus. admired him. What we understood as his Mr. Speaker, I ask my colleagues to join me Ms. CARSON. Mr. Speaker, I rise today to heart and his vision for humanity and religion, celebrate the 20th anniversary of the Congres- in taking this opportunity to congratulate with honor, respect and admiration, will be sional Caucus for Women's Issues. The cau- carried forth in the ideas of those whom he so Shyamala Cowsik on a job well done and to cus was formed to focus attention on issues of deeply touched. wish her every success in the future. I applaud special concern to womenÐsuch as preven- Go well, Mr. CAPPS. We shall miss you, her for her excellent service in Washington. tive health services for women, domestic vio- though we shall not forget you. E2156 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 1997 A TRIBUTE TO THE EAST END nomination for Lieutenant Governor of Colo- ored and considered by the House as an ex- ARTS AND HUMANITIES COUNCIL rado, thus earning the privilege of running for emplary American. OF LONG ISLAND office on the ticket of Mr. Bruce Benson of f Denver. This experience allowed me the op- portunity to build a friendship that is very im- IN HONOR OF MICHAEL HON. MICHAEL P. FORBES PARTRIDGE OF NEW YORK portant to me with a true Coloradan who em- IN THE HOUSE OF REPRESENTATIVES bodies the genuine spirit of the West. Mr. Benson and his wife Mary are the most HON. CAROLYN B. MALONEY Friday, October 31, 1997 generous people I know. Their devotion to the OF NEW YORK Mr. FORBES. Mr. Speaker, I rise today to people of Colorado is legendary. In particular, IN THE HOUSE OF REPRESENTATIVES pay tribute to the East End Arts and Human- Bruce's dedication to the State's higher edu- Friday, October 31, 1997 ities Council, of Riverhead, Long Island, as cation system has spanned official, voluntary, Mrs. MALONEY of New York. Mr. Speaker, this grassroots, community arts program cele- and professional capacity. I rise today to pay tribute to Michael Partridge brates 25 years of providing invaluable sup- Once chairman of the Colorado Republican as he is honored by the Taminent Democratic port and encouragement to the artists, writers, party, Mr. Benson continues to express his Club at their 66th Annual Dinner Dance. and performers in the communities of Eastern love for Colorado's picturesque vistas, wildlife, Mr. Partridge was born on the island of Cy- Long Island. and environment through political activism and prus on February 13, 1941. In 1947, he and Located in an historic Main Street building in community leadership. His commitment to his family moved to Astoria where Michael at- a space donated by the town of Riverhead, economic expression, job creation, public tended P.S. 4 and L.I.C. High School. From the East End Arts and Humanities Council is safety, and economic opportunity is seconded age seven through his early teens, Michael dedicated to fostering a positive environment only by his interest in improving the quality of education for all Colorado children. worked in his father's restaurant. for the arts throughout the rural landscape it After high school, Michael studied philoso- serves between Moriches and Montauk on the Mr. Speaker, I am blessed to know Bruce Benson as a friend, but more importantly, as phy and political science at Hunter College south, and on the north from Port Jefferson to and later studied law at St. Johns Law and Orient. Long Island artists are fortunate to a Coloradan. Clearly, his leadership in Colo- rado continues to inspire many and ensure Boston Law. During his law school years, he make use of all that the Arts Council makes met and married Mary and became the father available, from exhibition galleries to the re- greater hope and optimism for generations to come. of Harry. Michael also joined the National gion's only community school of the arts, out- Guard during this time. buildings that are used as artist-in-residence Mr. Speaker, the Denver Post, yesterday, published an editorial commentary praising the After practicing law for several years, Mi- studios and a charming village green used for chael became disenchanted with the law and outdoor art events and performances. many contributions of Bruce Benson. I first commend the Post and further submit its com- turned his attention toward other endeavors. With a long and proud reputation as a safe Around this time, he met Ralph DeMarco who haven and supportive environment, the East ment for the RECORD. [From the Denver Post, Oct. 30, 1997]. introduced him to the Taminent Democratic End of Long Island is home to a world re- Club. BENSON BUILDS LEGACY nowned number of accomplished and emerg- Michael's involvement with the Taminent in- ing artists. To sustain this creative environ- With today’s dedication of the Benson Earth Sciences Building at the University of cluded a rehabilitation program he founded ment and service this thriving community, the with Peter Vallone to reverse the high recidi- East End Arts Council has helped develop a Colorado in Boulder, former GOP guber- natorial candidate Bruce Benson translates vism rate at Rikers Island. During its first year, network of more than 200 arts organizations, his long history of service to CU into the the Rikers' program placed all of its graduates each of whom is dedicated to sustaining and most tangible of contributions: a building in in jobs or schools. supporting a community that cherishes the which young people can learn. After launching his successful program on arts. The naming of the building commemorates Rikers Island, Michael became involved in real There is no doubt, Mr. Speaker, that the Benson’s leadership of the fund-raising drive estate. He rehabilitated apartment houses in arts are a vital force in society, enriching our that made the $14.5 million building possible, as well as a substantial contribution from Jamaica, Queens, and opened the Coliseum lives with the beauty and impact of human ex- Mall, which helped to revitalize Jamaica Ave- pression and providing a source of entertain- the Benson family. Nor will Benson rest on his laurels. He and his wife, Marcy, have also nue. ment and pleasure for all Americans. Just as agreed to spearhead the campaign to raise Michael's interests also brought him into the importantly, the arts are an important tool in more than $271 million to support CU Presi- political arena where he worked on Mario the education of our children. Several analy- dent John Buechner’s ambitious Total Cuomo's campaign for Governor of New York. ses of arts education show that children who Learning Environment initiative. Mr. Speaker, I ask that my colleagues rise study music demonstrate significantly im- A 1964 graduate of CU, Benson received his with me in this tribute to Mr. Michael Partridge, proved ability to master mathematics, and stu- degree in petroleum geology. He is now the owner and president of Ben- a man who has worked very hard to improve dents with four or more years of arts edu- son Mineral Group, but perhaps more impor- his community. I would also like to honor the cation consistently score higher on the SAT tantly, he is also a consistent contributor— Taminent Democratic Club on the occasion of college entrance exam than students without of time and energy, as well as money—to their 66th Annual Dinner Dance. an arts background. There is a clear and de- Colorado’s civic well-being. His activities as f monstrable connection between studying the both state chairman and candidate for the arts and increased scholastic aptitude, a con- state Republican Party have won the head- RECOGNITION OF REV. BOB ROB- nection that as national leaders we are duty- lines, but the range and depth of his activity ERTSON’S 25 YEARS OF SERVICE bound to help foster and develop. are awesome. He’s served not only in the TO THE EVERETT, PA, FIRST public realm but in private philanthropy, as UNITED CHURCH OF CHRIST That is why, Mr. Speaker, I stand today be- well. His chairmanship of the state commis- fore my colleagues in the U.S. House of Rep- sion on higher education from 1986–1989 un- resentatives and proudly offer my congratula- derscores his sustaining interest in higher HON. BUD SHUSTER tions to the East End Arts and Humanities education. He is chairman of both the Den- OF PENNSYLVANIA Council on this special 25th anniversary. May ver Zoological Foundation and Boy Scouts of IN THE HOUSE OF REPRESENTATIVES America in the area. Other beneficiaries of the Long Island community continue to be Friday, October 31, 1997 blessed by their work for many years to come. Benson’s 16-hour-day energies include the f Denver Botanic Gardens, Arthritis Founda- Mr. SHUSTER. Mr. Speaker, Rev. Bob Rob- tion, Denver Museum of Natural History, ertson of the Everett, PA, First United Church TRIBUTE TO BRUCE BENSON Safe City Foundation and the University of of Christ was recently honored for his 25 Denver. We congratulate both the University of years of service to the church and to the com- HON. BOB SCHAFFER Colorado, which is adding a vital new learn- munity. OF COLORADO ing center and launching an important effort I rise to pay tribute to this outstanding man IN THE HOUSE OF REPRESENTATIVES to further enhance its program, and Bruce of the cloth. Bob Robertson not only has Benson, who has added a crowning credit to served his church with distinction, but has Friday, October 31, 1997 a noteworthy career of service. played an extraordinary, behind-the-scenes Mr. BOB SCHAFFER of Colorado. Mr. Again, Mr. Speaker, Mr. Benson is a great role in helping those most in need in the com- Speaker, in 1994 I received the Republican Coloradan and certainly worthy of being hon- munity. He is the Pastor to our church in our October 31, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2157 little hometown which has a sign greeting you system of government. For this, Mr. Speaker, National Community Education Day is co- as you enter the borough: ``Everett's Churches we are all in his debt. sponsored by over 35 national organizations, Welcome You'', reflecting the value of religion Bud's most significant lessons were those of among them the American Association of and faith in our community. his own example. He did not preach mere School Administrators, the National Civil Bob Robertson's guidance and sense of vi- platitudes about public service to his students; League, the Children's Aid Society, the U.S. sion has been a rock on which the town has rather, he was an inspiring example of the im- Department of Education, and Youth Service built itself as a great place to live and work. pact that a sole individual can have by becom- America. Bob is a selfless man who always puts the ing involved in his or her community. His 35- Mr. Speaker, I urge my colleagues in the welfare of others in front of his own. His wife, year career spanned a wide variety of local of- House of Representatives to acknowledge the Barbara, and their children have also played a fices and an even broader array of well-rep- contributions that community education has key role in making our community a better resented and appreciative constituents. The made to millions of children and families. I am place to live. I personally know of many of his citizens of Burlingame elected Bud to three proud that the National Center for Community good deeds to help people in need, deeds terms as their mayor, as well as to 12 years Education is located in my hometown of Flint. which have never been publicized but have of service as a city councilman. In addition, I applaud the efforts of Mr. Daniel Cady and touched the lives and hearts of many. He is But worked tirelessly as a San Mateo County the staff at the center for their commitment to an unsung hero who exemplifies the best supervisor, as a Burlingame planning commis- education partnerships. We well know that there is in those who have dedicated their sioner, civil service commissioner, and a when educators, families, and communities lives to their God, their church, and the people member of the Library Board of Trustees, and work together, schools get better. As a result, they serve. as a longtime member of the board of direc- students get the high quality education they f tors of ReCare, formerly Easter Seals, and as need to lead productive lives. Our children de- the director of the San Mateo County Conven- serve nothing less. TRIBUTE TO A.G. ‘‘BUD’’ tion and Visitors Bureau, and in a host of f HARRISON other important civic positions. Through all of these challenging posts, and TO THANK AMBASSADOR COWSIK HON. TOM LANTOS all of Bud's dynamic efforts to make Bur- FOR AN EXCELLENT JOB OF CALIFORNIA lingame and San Mateo County a better place IN THE HOUSE OF REPRESENTATIVES to live and raise a family, he has been loyally HON. FRANK PALLONE, JR. Friday, October 31, 1997 and lovingly supported by his wife of 44 years, OF NEW JERSEY Doris, by his four children, Chuck, Mary, Terry, IN THE HOUSE OF REPRESENTATIVES Mr. LANTOS. Mr. Speaker, it is my privilege and Cheri, and by his six grandchildren. Friday, October 31, 1997 and honor to pay tribute to the exceptional Mr. Speaker, as Bud Harrison's distin- public service career of my dear friend and guished career in public service comes to a Mr. PALLONE. Mr. Speaker, the Washing- one of San Mateo County's most dedicated conclusion with his retirement from the Bur- ton diplomatic corps is about to lose one of its public servants, A.G. ``Bud'' Harrison, upon his lingame City Council, I ask all of my col- brightest lights with the departure of Shymala retirement from the Burlington City Council. leagues to join me in paying tribute to this out- B. Cowsik, the Deputy Chief of Mission of the His extraordinary devotion to serving his com- standing man, an example of the best that our Embassy of India. Ms. Cowsik will soon con- munity, as well as his longtime commitment to communities have to offer, and a true role clude her distinguished 2-year tour of duty in educating young people about the importance model to all those he has taught in his classes the United States. In her all too brief tenure, of civic involvement, make him a genuine hero and in his life of community activism. Ambassador Cowsik has been a force in the to all of us who care about the Bay Area. f steadily improving relations between the Bud's strong belief in public service is root- world's two largest democracies, India and the ed in his background and has been proven re- EDUCATION: A COMMUNITY United States. peatedly throughout the course of his 67 AFFAIR Mr. Speaker, Ambassador Cowsik has been years. Born in San Francisco, his future politi- no stranger to Capitol Hill during her tenure. cal intentions were foreshadowed at a young HON. DALE E. KILDEE She has worked tirelessly to educate Mem- age when his classmates at Balboa High OF MICHIGAN bers of Congress and their staff about the on- School elected Bud president of the senior IN THE HOUSE OF REPRESENTATIVES going economic liberalization process in India, class. After his graduation in 1948, he volun- and the possibilities for an ever closer relation- teered for a far more meaningful type of serv- Friday, October 31, 1997 ship in the fields of trade and investment. Of ice in the U.S. Air Force. Bud spent 4 years Mr. KILDEE. Mr. Speaker, I rise today to course, international relations are not just in the military, aided his country during the Ko- commemorate the 16th Annual Community based on economic factors, and Ambassador rean war, and was discharged in 1952 as a Education Day to be observed on Tuesday, Cowsik has played a major role in helping to staff sergeant. November 18, 1997. In my hometown of Flint, guide a complex and expanding bilateral rela- After his military career ended, Bud enrolled MI the day will be celebrated at a breakfast tionship based on shared values of democracy at the University of San Francisco, where he meeting for more than 300 people. Hosted by and human rights, respect for the rule of law, graduated in 1957 with a secondary teaching the Genesee Area Community Education As- and a growing appreciation for the cultures credential. It was then that he began his ca- sociation and the National Center for Commu- and traditions of each other's country. reer which was destined to influence the lives nity Education, the program will be keynoted Ambassador Cowsik has had an eminent of literally thousands of young men and by my very dear friend, Dorothy Reynolds, career in India's Foreign Service. She has women, as he became a political science President of the Community Foundation of served as India's Ambassador to the Phil- teacher at Capachino High School. Greater Flint. ippines, and has held major posts in Thailand Both of my daughters, Annette and Katrina, ``Education: A Community Affair,'' is the and Yugoslavia. She now moves on to serve were privileged to be among those fortunate theme of this year's celebration. Sponsored by as India's Ambassador to Cyprus. students in Bud's classes, and they recall his the National Community Education Association As the co-chairman of the Congressional lessons with great fondness and appreciation. (NCEA), this special day was established in Caucus on India and Indian-Americans, and Remembered Annette: ``In a time of great cyn- 1982 to recognize and promote strong working as a Member of Congress representing one of icism, he infused his pupils with a strong partnerships between schools and commu- the largest Indian-American communities in sense of civic activism and an appreciation for nities. the United States, I consider ties between the the remarkable role of politics in America.'' Community Education Day in 1997 focuses United States and India to be of the utmost Katrina described Bud's ``enthusiastic spirit on the importance of community members and importance in our Nation's foreign policy. which imbued his students with a love of pub- institutions working together to not only sup- While we still have a ways to go to give Indo- lic service.'' port schools and enhance learning opportuni- United States ties the priority they deserve, In Bud's 33 years at Capachino High ties for students but to provide those opportu- the momentum is clearly moving in the right School, and in his 16 years as a political nities for everyone. The learning community in direction. In the last 2 years, those efforts science instructor at the College of San turn is empowered to build and maintain the have made giant strides, and the excellent Mateo, he made a lasting contribution not only support systemsÐsocial, economic, healthÐ work of Ambassador Cowsik has played a to lives of thousands of young people but also that make it a nurturing, caring vital place, a major role. We will miss her, even as we wish to the success and stability of our democratic place where communities can prosper. her every success in continuing to represent E2158 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 1997 and serve her nation with the highest distinc- particular, John succeeded in reforming the AMERICAN FOREST & tion and dignity. Hatch Act, so that Federal employees could PAPER ASSOCIATION, f participate in the political process in their free Washington, DC, October 9, 1997. Mr. PETER ALLGEIER, time. He also pushed for locality pay, to bring IN SUPPORT OF OXI DAY Assistant USTR for the Western Hemisphere, Federal salaries more in line with the cost of Office of the U.S. Trade Representative, SPEECH OF living. Washington, DC. DEAR PETER: On May 27, 1997 the Mexican One of John's greatest fights came in late Ministry of Commerce and Industry HON. JOSEPH P. KENNEDY II 1995, when partisan politics caused two Gov- OF MASSACHUSETTS (SECOFI) initiated an anti-dumping inves- ernment shutdowns. Shutting down the Gov- tigation against U.S. producers of cut-size IN THE HOUSE OF REPRESENTATIVES ernment hurt all Americans, but Federal em- bond paper. While individual U.S. paper pro- Wednesday, October 29, 1997 ployees suffered first by being locked-out of ducers are responsible for responding to the anti-dumping questionnaire, AF&PA is Mr. KENNEDY of Massachusetts. Mr. their jobs. Federal employees should never be used as pawns in a political chess game. closely monitoring Mexico’s anti-dumping Speaker, on October 28, 1940, the Greek process to ensure that it does not violate prime minister was asked to surrender to the Without John's perseverance, Federal employ- international trade rules and is not used as a Italian Armed Forces. He refused to surrender ees surely would have suffered even greater tool to limit imports of paper products from Greece, replying simply, ``Oxi''Ðthe Greek injustices. the U.S. We expect that the preliminary word for ``no''. Mr. Speaker, John should be remembered anti-dumping determination in this case will be issued in late November. Soon thereafter, Greece found herself bat- for all of his accomplishments, but I will re- tling Italian invading forces. What ensued went In this regard, we have noted with mount- member him mostly as a friend. He was a ing concern reports regarding Mexico’s ac- down in history as one of the most significant compassionate man with a profound respect tions in the anti-dumping investigation re- military victories of all time. Greek troops were for equity and justice. Though pragmatic, he garding high fructose corn syrup (on which outnumbered and under-equipped, but what never lost sight of the very ideals that first led USTR has sought consultations in the WTO) they lacked in size and supplies they made up him to serve in his local union. John will be and, more recently, U.S. apples. AF&PA is deeply concerned that these actions by for in resourcefulness and determination. The sorely missed. world was amazed when Greece managed to SECOFI are not isolated instances but rather may represent a developing trend toward repel the invading Italian forces, thus throwing f a wrench into Hitler's plans for a swift take- politicization of the anti-dumping process in a manner calculated to roll back the mar- over of the Balkans. UNFAIR WTO ACTION INITIATED ket-opening benefits of NAFTA. Oxi Day is an important milestone in BY THE MEXICAN MINISTRY OF You may recall U.S. paper suppliers were Greece's long, proud history. We must not for- COMMERCE AND INDUSTRY already the target of Mexico’s anti-dumping get that throughout its history, Greece has AGAINST UNITED STATES PAPER charges in Mexico in 1993–94. In that case, been forced to defend its independence and COMPANIES SECOFI arbitrarily used third country sales its way of life. At the crossroads of Europe, to calculate the residual dumping rate. For- the Mediterranean, and Asia, Greece has had tunately, the case was ultimately dismissed due to a negative final injury determination. to contend with an unending stream of aggres- HON. JAY DICKEY Moreover, ISAC 12 cited the use of anti- sive neighbors. Greece has also weathered dumping procedures against U.S. paper sup- many challenges from within. The spirit that OF ARKANSAS pliers as a problem to be addressed in our Greece demonstrated on Oxi Day is the same IN THE HOUSE OF REPRESENTATIVES submission for the Administration’s NAFTA spirit that has guided Greece through the most report. difficult periods in its history. Friday, October 31, 1997 We understand that USTR will meet with Commemorating Oxi Day helps us reflect on Mexican officials to discuss some of the is- Greece's great contribution to the Allied Mr. DICKEY. Mr. Speaker, it has been sues in the apples case in the near future. At that time, we urge you to take an appro- cause. It also provides an opportunity to thank brought to my attention that United States paper producers have encountered serious priate opportunity to indicate USTR’s con- the Greek people for their long tradition of cern that similar irregularities be avoided in friendship and partnership with the United trade problems in Mexico relating to the World the pending investigation covering cut-size States. We must continue to work to expand Trade Organization Antidumping code proce- bond paper. ties with Greece, support it in its relations with dures. It appears that Mexico's Ministry of As always, your help with this problem is its neighbors, and work to bring about a Commerce and Industry has ignored WTO deeply appreciated. peaceful resolution to the Cyprus crisis. rules relating to United States exports of ap- Sincerely yours, MAUREEN R. SMITH, f ples and high fructose corn syrup. The result of not adhering to the rules on trade cases Vice President, International. HONORING JOHN STURDIVANT leads to lost business for our producers as f their protectionism shields their domestic pro- THE ROLE OF COMMUNITY HON. JAMES P. MORAN ducers. HEALTH CENTERS OF VIRGINIA I wish to insert into the RECORD a copy of IN THE HOUSE OF REPRESENTATIVES a letter from the American Forest and Paper HON. CHARLES B. RANGEL Friday, October 31, 1997 Association [AF&PA] to Mr. Peter Allgeier, the OF NEW YORK Assistant U.S. Trade Representative for the Mr. MORAN of Virginia. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES Western Hemisphere, of a third case that in- today to pay tribute to John Sturdivant, who Friday, October 31, 1997 volves U.S. cut-size bond. There are six paper passed away on Tuesday. John's service with mills in my district in Arkansas. All six are Mr. RANGEL. Mr. Speaker, I am proud to the Federal Government began in 1961 as an members of AF&PA. Two are currently export- stand before you today to highlight and honor electronics technician with the Army Inter- ing bond paper to Mexico and could be ad- the work of community health centers [CHC's] agency Communications Agency. John's con- versely affected if the WTO Antidumping Code and the vital role they play in meeting the cern for the well-being of his fellow Federal is not followed. The result could be a loss of unmet health care needs of the less privileged employees was evident from the very begin- export sales for up to 6 months while the final individuals in America. ning of his Government service. He soon be- Tailoring their services to meet the needs of decision on antidumping is being decided. came active in his local AFGE chapter. His the entire family, CHC's provide a full range of passion soon earned him the respect of his Free and fair trade with our neighbors must family-oriented, culturally appropriate, preven- peers, who elected him President of his local be the goal of each nation. We in Congress tive and primary care services. Currently, over union in 1968. must insist that international rules of trade be 3.5 million or approximately 44 percent of the John's continued success soon led him to adhered to. I will be following this matter individuals receiving services at CHC's are AFGE's national office where he served in nu- closely to determine whether further action by children from newborn infants to adolescents merous positions culminating with his election Congress is not needed. Today, it may only 19 years of age, including 1 million uninsured as AFGE President in 1988. As the principal be apples, corn syrup, and paper products. children. spokesman for Federal employees, John led But, tomorrow, it could be a product produced Living in economically depressed, under- the charge for countless reform proposals. In in your district. served communities, these children and their October 31, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2159 families are at risk for multiple health and so- work to influence our actions. But Walter didn't He served among the leadership of the land- cial problems. CHC's are the entry point for work from the outside in, he worked from the mark Diabetes Control and Complication Trial these vulnerable populations. These centers inside out, his studied philosophies, his moral and the ongoing Diabetes Prevention Pro- provide health care services at more than strength and his writings have left us with an gram. Dr. Santiago was a respected re- 2,200 sites across the country. Each year, in example to follow in our professional lives. His searcher at developing methods for improving my home State, New York, more than 60 free- sincerity. the management of diabetes. He served as standing CHC's provide comprehensive medi- And that twinkle in his eye, have left us with editor of a national scientific journal, ``Diabe- cal and support services to 1.5 million of the fond memories, to carry home. tes,'' as well as serving as a volunteer for the State's poorest residents. f American Diabetes Association. His expertise Perhaps the greatest testimony to the im- has benefited numerous organizations and portance of CHC's are their attack on spiraling HONORING CHRISTINA DRAKE agencies, including the National Institute of health care costs through constant innovation Health, the Food and Drug Administration, and and its effective use of preventive health care HON. TIM ROEMER the U.S. Congress. measures. The public/private partnerships OF INDIANA One of his colleagues, Dr. Neil White, stat- formed by these CHC's have been successful IN THE HOUSE OF REPRESENTATIVES ed, ``He was an outstanding teacher and men- at reducing morbidity and mortality among tor and role model for all who knew him.'' Yet Friday, October 31, 1997 high risk individuals. While infant mortality another, Dr. Sheridan Tollefsen, stated, ``His rates among the black population remains Mr. ROEMER. Mr. Speaker, I rise today to life was exemplified by his boundless enthu- high, the rate has been sharply reduced in thank my constituent, Mrs. Christina Drake siasm, warmth and generosity, his avid inter- health center catchment areas and, more, dra- from Bristol, IN. As a mother of two teenage est of sports and the outdoors, and his tireless matically, among health center patients. Addi- boys, Mrs. Drake recently wrote a letter to me efforts to help others.'' tionally, CHC's have stepped forward and expressing her concerns about gang violence Mr. Speaker, I ask that you join his family, taken a leadership role in designating cost-ef- in her community. I agree with Mrs. Drake that his colleagues, Washington University, the fective, culturally competent care for Latinos, gang violence is a serious problem in Amer- residents of Missouri's Second District and Asians, and other hard to reach minority popu- ica, and I share her concerns as she so me, in paying tribute to the life of Dr. Julio V. lations. thoughtfully expressed in her poem entitled Santiago. His leadership and compassion will With the enactment of the welfare reform ``Gang Violence'' which follows: stand not only as an example for other physi- law, we cannot underscore the importance of ‘‘GANG VIOLENCE’’ cians to follow, but for every one of us. these community health centers. Not only do f they provide managed care efficiently and Kids in gangs tryin’ to rule their domain, huffin’ and puffin’ doin’ cocaine. competently, CHC's make sure that they re- Getting a feel for what is real, TRIBUTE TO LUCILLE WILLIAMS spond to the local and cultural needs of their but when reality sets in there’s violence patient populations. In today's new world of again. HON. JOSE´ E. SERRANO measuring the effectiveness of every Federal Knives and guns, they’re in our streets. OF NEW YORK Where’s the salvation, where’s the retreat? dollar spent, CHC's stand out as a shining ex- IN THE HOUSE OF REPRESENTATIVES ample of Federal investments that pay off in Playin’ hard tryin’ to win the game, both health and community impact. but in the end it’s always the same. Friday, October 31, 1997 Also evident is the economic impact made One more found dead tonight, Mr. SERRANO. Mr. Speaker, I rise today to by CHC's. In many cases, these CHC's have we’re all at war, and it just ain’t right! Hangin’ out trying to fit in, pay tribute to Ms. Lucille Williams for her tire- been a major force in reinvigorating entire getting even for them killing my friend. less service to those who are less fortunate in communities. Not only are jobs created This time I got lucky, they missed me, our community. She is a founding member of through CHC construction, and the hiring and Who is next, which one will it be? the Mid Bronx Desperadoes, which celebrated training of community residents, but partner- Can’t you see this has all got to stop?! its 22 years of service to our Bronx community ships are forged between health centers and It might be you, the next one to drop. last week. local businessesÐproducing startling effects in So think about what you say, and do. Born in Learned, MS in 1922, Ms. Williams many communities. Keep your head, stay in school. is the oldest of 14 children. She attended Finally, let me take this opportunity to thank There’s a better way to take a stand— work it out, live again! Cambellville Elementary School and Yazoo all community health centers across the coun- If your friend was your friend, City High School before starting a family and try, but especially those centers in the 15th he wouldn’t push you to the limit. moving to Detroit in the mid-forties. After she Congressional District in New York which ev- Stay away, and don’t get in it. moved to Harlem in 1952, she worked for the eryday exemplify partnerships of people, gov- You see crime is time, and sometime it’s life. Frederick Douglas Democratic Club. In 1962, ernments, and communities working together Don’t let your’s be the sacrifice! she moved to the Bronx and became vice to meet local health care needs in the most ef- f president of the Parents Teachers' Association fective and efficient way possible. [PTA] at the CS 61 then vice president and f TRIBUTE TO JULIO V. SANTIAGO president of Herman Ridder's PTA. EXPRESSING SORROW OF THE In 1974, under her leadership, a group of HOUSE AT THE DEATH OF HON. HON. JAMES M. TALENT volunteers who understood the need to revital- WALTER H. CAPPS, REPRESENT- OF MISSOURI ize the Crotona Park East section of Bronx ATIVE FROM THE STATE OF IN THE HOUSE OF REPRESENTATIVES Community District 3 that was devastated by CALIFORNIA arson, disinvestment, abandonment, and pop- Friday, October 31, 1997 ulation loss, founded the Mid Bronx Despera- SPEECH OF Mr. TALENT. Mr. Speaker, I rise today to does [MBD]. pay tribute to an outstanding humanitarian, Throughout its 22 years of service, MBD HON. CAROLYN B. MALONEY physician, teacher and scientist, Dr. Julio V. has been a model of excellence in providing OF NEW YORK Santiago, who tragically passed away on Au- our community with exemplary services IN THE HOUSE OF REPRESENTATIVES gust 10, 1997. It is an honor for me to recog- through housing development and property Wednesday, October 29, 1997 nize this outstanding individual, not only for his management, economic development, and de- Mrs. MALONEY of New York. Mr. Speaker, numerous professional accomplishments, but livery of human services. I rise to share my condolences with the family for the passion he gave to his research and Through her years of service, Ms. Williams of WALTER CAPPSÐLois, Lisa, Todd and patients. was involved in several other agencies. She LauraÐand with every Member of this House, Dr. Santiago was a professor of pediatrics was a founding member of Seabury Better because we've all lost a true contributor: A and medicine at Washington University School Block Association, board member of Seabury man who legislated from his soul. of Medicine in St. Louis, and a member of the Day Care, and active in other projects before We are all left shocked and sorrowful at his medical staffs of St. Louis Children's and she returned to school for her college degree. death, but there was perhaps no one more Barnes-Jewish Hospitals. At Washington Uni- Now a senior citizen, she is a member of the prepared for this moment than Walter himself. versity, he served as director of the Division of Comprehensive Community Revitalization Pro- Elected officials often suffer from erosion, Pediatrics Endocrinology and Metabolism and gram [CCRP] and MBD's Concerned Citizens outside forces chip away at our thoughts, and of the Diabetes Research and Training Center. Group. E2160 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 1997 Ms. Williams is the mother of 5 children and The dilemma did not exist before 1990 be- spect, Cuban-Americans are more Catholic has 12 grandchildren and 9 great-grand- cause huge Soviet subsidies—$6 billion annu- than the Pope. children. ally in the late 1980s—ensured decent Cuban f Mr. Speaker, I ask my colleagues to join me living conditions despite the U.S. embargo. After Russia’s abrupt 1990 aid cutoff, how- in recognizing Ms. Lucille Williams for her out- IN SUPPORT OF HONDURAN ever, Cuban shortages of food, medicine and APPAREL INITIATIVES standing achievements and enduring commit- other goods mounted, worsened by Helms- ment to our Bronx community. Burton. f Cuban-Americans responded by stepping up HON. EARL F. HILLIARD remittances, helped greatly in 1993 when Ha- OF ALABAMA UNDERMINING THE UNITED vana embraced U.S. dollar usage and opened IN THE HOUSE OF REPRESENTATIVES STATES EMBARGO OF CUBA dollar-only stores. The forthcoming Eclac re- Friday, October 31, 1997 port suggests remittances grew to approxi- mately $800 million in 1996 from under $100 Mr. HILLIARD. Mr. Speaker, I would like to HON. LEE H. HAMILTON million in 1990, despite strict U.S. Treasury bring to your attention a recently published ar- OF INDIANA limits—before counting direct shipments of ticle by the Council on Hemispheric Affairs IN THE HOUSE OF REPRESENTATIVES clothing and consumer goods. [COHA]. The article is entitled: ``Scandal-Rid- Friday, October 31, 1997 The role these remittances play in under- mining the U.S. embargo is best seen in a den Honduran Apparel Industry Seeks New Mr. HAMILTON. Mr. Speaker, I commend to comparison with other dollar sources. Cuba’s Image.'' It appeared in COHA's biweekly edi- my colleagues' attention the attached article 1996 tourist receipts were $1.4 billion, sugar tion of Washington Report on the Hemisphere by Ernest Preeg, which was published in the exports $1 billion, other exports under $1 bil- on August 15, 1997. Journal of Commerce several days ago. The lion and much-touted foreign investment The article brings to light the efforts of the article points out that, according to a new Unit- inflows about $100 million to $200 million. Honduras Apparel Manufacturers Association Exact investment figures are secret. ed Nations Study, United States citizens sent to establish an industry-wide code of conduct But the comparative figures are gross dol- as a constructive, proactive mechanism to pre- relatives and friends in Cuba approximately lar receipts, which don’t reflect high offset- $800 million in cash during 1996Ða sum ting imports. Cuban hotels buy most food vent future labor relations problems. The nearly twice as large as Cuba's net export and other goods abroad, for instance, while aforenamed association is a nonprofit and earnings from its annual sugar harvest. Under the sugar industry imports fertilizer, oil, nonpolitical organization from the private sec- current regulations, American citizens may le- machinery and parts to service refineries. tor, created to promote and develop exports of gally send cash to Cuba only after first obtain- Tourism’s net inflow, accordingly, is as low apparel goods, and to serve its associates and ing a very specific license from the Treasury as 30% of the gross—an estimated $400 mil- represent them before public and private insti- lion in 1996—while sugar’s is about 50%, or Department. Rarely, if ever, has any American tutions, both nationally and internationally. $500 million. With remittances, in contrast, Membership is mandatory under Honduran applied for such a license. The fact that so virtually all $800 million remains in Cuba. many private American citizens are moved by In 1996, therefore, the $800 million remit- law for all exporting companies. This new kinship or generosity to provide cash assist- tances nearly equaled the net contribution code was approved by the association's board ance to economically disadvantaged Cubans, from sugar exports and tourism combined. of directors in late July, at an industry-wide in violation of the United States embargo and Applying the same calculations more broad- meeting. United States law, suggests that many Ameri- ly, about one-third of Cuba’s entire net dol- Mr. Speaker, you will recall that the COHA lar inflow is from remittances. cans with ties to Cuba themselves reject one is a locally based think-tank policy institution. The money is sent, of course, to help indi- It is well established for its views on develop- of the embargo's fundamental rationales: that vidual Cuban relatives and friends. Yet in ag- it is both appropriate and necessary to apply gregate, it offsets the embargo’s financial ments in Latin America. COHA monitors economic pressure to promote political change squeeze and helps Havana keep the economy human rights, trade, growth of democratic in- in Cuba. This suggests that it is time to pursue afloat despite failed central planning poli- stitutions, freedom of the press, and hemi- a new United States policy toward Cuba, a cies. While the remittances go directly to spheric economic and political developments. I policy in which both private United States citi- Cuban people, their help paying for food and would like to place in the RECORD the full text other basic needs leaves the government of this article. zens and the United States Government are with $800 million more to spend on other pri- able legally and openly to aid the Cuban peo- orities. SCANDAL-RIDDEN HONDURAN APPAREL INDUS- ple. This fundamental difference between what TRY SEEKS NEW IMAGE—EMBITTERED INDUS- TRY MANUFACTURES ITS OWN CODE OF CON- [From the Journal of Commerce] Cuban-Americans say and do regarding the U.S. embargo deserves broader discussion, DUCT HAVANA AND HELMS-BURTON given the new Eclac figures. Helms-Burton’s As major media revelations on child labor (By Ernest H. Preeg) extra-territorial provisions create tension and sweatshop abuses in Honduras surfaced, The U.S. embargo against Cuba, extended between Washington and its trading part- deeply embarrassed local business interests, to third-country Cuban investors through ners, particularly within the World Trade foreign firms operating in the country, and the 1996 Helms-Burton Act, enjoys strong Organization. If Cuban-Americans press for government authorities became increasingly support among most Cuban-Americans, the strict adherence to the act’s terms while un- concerned about the bad PR as much as con- three Cuban-American members of Congress dermining it through large and apparently ditions under which garments were being and the well-organized Cuban American Na- illegal remittances, the embargo policy is made there. At the end of July, the embat- tional Foundation. deeply flawed. tled Honduran Apparel Manufacturers Asso- However, Cuban-American attitudes are in A review is particularly timely given the ciation (AHM) organized its first congress in deep conflict. While most strongly support pope’s planned Cuba visit next January. The San Pedro Sula in order to design a binding the embargo, including Helms-Burton, in- Catholic Church has consistently opposed code of conduct for their industry. The AHM creasingly large remittance flows are sent to economic sanctions throughout the world, is a non-profit, non-political private sector Cuban friends and relatives, effectively un- given their undue impact on the poor. Pope organization established in 1991 to promote dermining economic restrictions. John Paul may be anti-communist, but he is Honduras’ exports of apparel goods and to The extent of this contradiction—and its opposed to the U.S. embargo. The church’s serve as a foreign and domestic voice for the impact on U.S. Cuba policy—is underscored strategy for social and political change in booming garments assembly industry. The by a startling U.N. Economic Commission on Cuba, as elsewhere, is longer term. sector consists of 180 plants, employing 87,000 Latin America and the Caribbean report. During his visit, the pope hopes to obtain workers. But its impact is far greater than it Eclac found sharply rising remittances to enhanced ‘‘working space’’ for the church, appears because in a country of approxi- Cuba in 1995 and 1996, even as Congress en- particularly a church radio station in Cuba— mately 5 million people, the industry ac- acted Helms-Burton, more than reversed the although Castro is unlikely to agree to that counts not only for its own workers and law’s limited success at discouraging third- request. In the words of one Catholic priest.: their almost 400,000 dependents, but for near- country investors. ‘‘When Fidel is gone, and the revolution is ly 600,000 other Honduran laborers and their Virtually all Cuban-Americans, and many gone, the church will still be.’’ families in such related industries as ship- others, oppose the Castro communist regime The Catholic Church has long dedicated it- ping and packaging. and want democracy quickly restored in Ha- self to helping the poor and disadvantaged. It By drafting its own self-enforcing code of vana. Yet Cuban-Americans also understand has opposed the U.S. embargo and extended conduct, ‘‘the AHM hopes to preempt any that economic sanctions’ poor track record food and medical shipments to Cubans outside intervention that could lead to regu- forcing political change on authoritarian through Caritas its humanitarian agency. lations mandated from above.’’ This meeting governments—some even step up repression Several million dollars in Cuban Caritas aid, of the Honduran maquladores was focused on in response—and the tool’s disproportionate however, pales beside the $800 million in addressing international humanitarian con- impact on the poor. Cuban-American remittances. In this re- cerns such as harsh work site conditions and October 31, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2161 widespread labor abuses raised when the DESIGNATE THE RICHARD C. LEE community involvement, and his accessibility. Kathy Lee Gifford scandal broke last year. COURTHOUSE For Dick there was no higher service than the WORKING CONDITIONS IN THE FACTORY office of mayor of New Haven. Time and again In June 1996, Charles Kernaghan, the exec- HON. ROSA L. DeLAURO he rejected offers of higher government posi- utive director of the National Labor Com- OF CONNECTICUT tions. He felt the best way to serve the city mittee, submitted a complaint to the House IN THE HOUSE OF REPRESENTATIVES and the people was in the mayor's office. International Operations and Human Rights In 1980 Richard Lee was presented with the Friday, October 31, 1997 Subcommittee accusing Honduran apparel Distinguished Service Award for his advocacy manufacturers and Kathy Lee Gifford associ- Ms. DeLAURO. Mr. Speaker, today I intro- on behalf of America's cities by the U.S. Con- ate, Global Fashion (a South Korean-man- duced a bill to designate the U.S. courthouse ference of Mayors. The country is thankful to aged firm), of labor abuses. The foreign com- in my hometown of New Haven, CT, as the this man who has brought so much to Ameri- pany was accused of employing approxi- ``Richard C. Lee United States Courthouse.'' I mately 100 minors under deplorable work ca's cities. Most importantly, the people of conditions, which included prohibiting the am pleased to take this opportunity to speak New Haven are blessed with the presence of use of restrooms, mandating that female em- of the dedication and service that my friend this hometown boy who came to the position ployees take birth control pills, and forcing and colleague, Richard Lee, has given the city of mayor and changed the face of the city. pregnant women to stand while working in of New Haven throughout his life. Richard Lee As a citizen of New Haven, I am grateful unbearable heat. But, inspections of the epitomizes all that a mayor should be. He is that I have had the opportunity to know and company’s facilities conducted by the Hon- a local boy, a family man, a dedicated and learn from this remarkable man. The Richard duran Department of Labor and Social Secu- hard working person, and most of all a friend C. Lee U.S. Courthouse will be a lasting trib- rity as well as the Episcopal Church, among to everyone. He is truly a model mayor for this others, failed to establish hard evidence of ute to a man who was truly one of the most endemic abuse. However, the company did century. dedicated and effective mayors of this century. acknowledge that overtime work was com- After serving his tour of military duty, Dick f pulsory and that there was a high employee Lee returned to New Haven to begin a lifetime turnover rate. In fact, Global Fashion may of service to his beloved city. During four PRIEST IS KILLED IN INDIA have been better than most of the tainted in- terms as an alderman, Dick Lee was commit- dustry. ted to urban redesign at a time when most HON. PETER T. KING The government insists that its labor laws cities had not yet considered such ideas. OF NEW YORK have been designed to protect its citizens. When Lee first ran for mayor in 1949 he had IN THE HOUSE OF REPRESENTATIVES Under the most recent labor legislation, em- the foresight to recognize the need for urban Friday, October 31, 1997 ployees working 44 hours per week are enti- renewal. He was elected mayor in 1953 and tled to 50 hours worth of wages, which adds then went on to serve eight terms. Mr. KING. Mr. Speaker, I rise today to bring up to 14 months of pay per year. While the to the attention of the House that this past official minimum wage in the country is Those of us from New Haven know Richard $0.31/hr., most apparel industry laborers earn Lee for his profound influence on the city, but Tuesday a Catholic priest was found be- as much as $0.86/hr. Education is mandatory he is well known for his signal impact on na- headed in Bihar, India, apparently for simply through grade six, and minors who are 14 or tional urban policy. Lee fought for and won helping Untouchables. I not only deplore this 15 years of age may work up to 36 hours per Federal funding for important city renewal tragedy but urge the Government of India to week, but only with permission from parents projects. Under Lee's aegis New Haven came rectify this situation and end the persecution of or legal guardians and from the Ministry of to have three times more Federal funds per religious minorities. Labor. The AHM claims that ‘‘there are no capita than any other city. Both Presidents I submit for the RECORD two news articles minors under the age of 14 working in Hon- describing this horrible crime and the persecu- duran assembly plants.’’ Skeptics are not so Kennedy and Johnson courted Lee's insight sure. and innovation on urban renewal. Lee's for- tion of Christians by Indian police. ward thinking ideas on city planning were the [The New York Times, Thursday, Oct. 30, OBSTACLES TO THE CODE first version of the War on Poverty. 1997] Although the AHM’s code of conduct now When the signs of an urban upheaval were 3D PRIEST IS KILLED IN INDIA appears to be based on a real desire for pro- noted by President Johnson, Richard Lee's gressive reforms, there are many cultural NEW DELHI, Oct. 29 (AP)—A Catholic connection to the heartbeat of cities was well priest was found beheaded in a forest in and political roadblocks to its progress. The acknowledged. The new Federal Department Korean-owned segment of the industry cre- northern India, apparently killed for helping ates a large culture gap that has resulted in of Housing and Urban Development was cre- untouchables, colleagues said today. many worker complaints. Approximately 18 ated and Lee was offered a prestigious Fed- A search party from the Australian-run percent of AHM’s members are South Kore- eral postÐwhich he declined because he mission that employed the priest, the Rev. ans who own about one-fifth of the 200 wanted to continue his service to the city of A.T. Thomas, found his body Monday near Sirka, Bihar, three days after he was ab- maquiladoras operating in the country. Com- New Haven. plaints that Korean managers frequently ducted. Anticipating the coming storm embodied in He was the third Catholic clergyman killed commit verbal, physical and sexual abuse the civil rights movement, Lee applied for and in two years in Bihar, where caste-based against female workers have led us to a ex- received $2.5 million from the Ford Foundation gang wars have killed hundreds of people. pulsion of several Korean managers from the Father Thomas, an Indian, had established country. Due to the hard-line Korean busi- to combat urban unemployment and poverty. 15 schools and health projects for untouch- ness ethic that stresses ‘‘the more you work In addition, he received the first Federal grant ables. the more you earn’’ strategy, the AHM has to battle juvenile delinquency. When the urban had to provide Korean maquila mangers with tensions of the civil rights movement came to [The Tribune, Oct. 27, 1997] special seminars on Honduran labor laws and a head with rioting across the Nation, New DSP HURT IN BRICKBATTING appropriate workplace conduct. Haven was spared the violence which shook Ludhiana, October 26.—The police opened Another obstacle hindering the efficacy of other American cities. In New Haven, not one fire in the air and resorted to a lathi charge the new code of conduct is the omnipresent shot was fired by a policeman and not a single to disperse an agitated mob of Christians political corruption existing in the country. citizen was seriously harmed. last night and as many as 19 policemen, in- The recent scandal involving Chiquita Brand Under Lee's direction, the city of New cluding a DSP and nine Christians were in- International executives and the deeply jured in the brickbatting and lathi charge. flawed Honduran court system demonstrates Haven became one enormous renewal effort. Two vehicles were also damaged. The Chris- how the integrity of the judiciary can be Every neighborhood and school was involved tians had started a five-day programme on compromised and manipulated by powerful in Dick Lee's programs and projects, and citi- ‘‘Jesus Christ is the answer’’ festival from and unethical foreign corporations. Com- zens of New Haven are still reaping the bene- October 22 to October 26 on the Chandigarh plicating the AHM’s task is the claim that fits today. The restoration of Wooster Square Road. They claimed that they were holding some of the 33 plants that are unionized have and the engineering buildup of Long Wharf are their prayers and thousands of Christians tainted labor leaders who routinely demand both credited to Dick Lee. The Knights of Co- were participating in the same. On the other payoffs. According to Arnoldo Solis, Presi- lumbus building and the Veterans coliseum hand BJP activists of the Shiv Sena and the dent of the AHM, ‘‘the new code of ethics Bajrang Dal objected to the holding of the will be a healthy instrument if used properly were also projects of Lee's doing. festival alleging that the Christians were re- to enhance protection of human and labor While Dick Lee is known for his many sorting to conversions and indulging in rights, but could become dangerous if used as achievements, projects, and programs, he is ‘‘magical healing.’’ The administration on a political instrument to ‘deteriorate’ the in- also known by the people of New Haven for the first day withdrew permission to hold dustry.’’ his commitment to the average citizen, his the festival but on the assurance that no E2162 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 1997 magical healing would be done and no con- had the opportunity to visit a Mobile Breast nance system. The abuses include ambas- versions would take place, it relented. How- Cancer Unit that provides mammograms for sadorships for sale, hush money from foreign ever, groups opposed to the holding of the underserved women in my district and I was businessmen, shakedowns of people with is- festival continued their protest dharna near sues before the President, all being coordi- the venue of the festival. The police had impressed with the number of women who vis- made elaborate security arrangements. Ac- ited the unit in one afternoon. This kind of out- nated from the Oval Office. These revelations cording to a spokesperson for the Christians, reach is the best way to target women in all are new to the public, but they are not new the district administration yesterday forced communities for early detection. abuses. These activities occurred over 26 them to wind up the festival as tension was For the one women of nine diagnosed with years ago, during the administration of Presi- brewing up in the town. He said that on Oc- breast cancer, quality medical care is essen- dent Richard Nixon, the poster child for cam- tober 22 an attempt was made to set the tial. This year, Congress introduced several paign finance reform. venue on fire and electric lights were dam- pieces of legislation to assist breast cancer Following the revelations of the illegal activi- aged. But the administration did not take patients, such as minimum stay requirements ties by the Nixon White House, Congress any action against the rioters. He said as the passed campaign finance reform. Those re- announcement for the cancellation of the for mastectomies, mandatory insurance cov- erage of second opinions and reconstructive forms haven't been changed or updated since festival was made the youngster started a that time. Today we see the result of our fail- dharna on the Chandigah Road. The police surgery. Today, early detection together with lathicharged them and chased them to the quality treatment is the best way to cope with ure to update and strengthen the campaign fi- CMC Chowk where other Christians had col- this disease. nance rules. Parties, candidates, and special lected in protest against the cancellation of Breast Cancer Awareness month is an op- interest groups have discovered loopholes in the festival. The spokesman said a deputa- portunity to educate women about breast can- the law and have devised schemes to operate tion of the Christians had also met the Chief outside of public view. cer and to promote awareness, research and Minister, Mr. Parkash Singh Badal, at a vil- Mr. Speaker, it is time we change the rules lage in Muktsar district two days ago and quality treatment in the United States. I look and strengthen the requirements under which apprised him of the situation. The SSP, Mr. forward to the day when we have a cure and campaigns are run. If we do not take action Dinkar Gupta, said as many as 19 policemen this month is no longer necessary. now the abuses will continue. Failure to act were injured in the brickbatting. He said the f will continue the undermining of America's police force was outnumbered at the CMC confidence in our democracy that began after Chowk and had to resort to a lathi charge TRIBUTE TO WALSH COLLEGE and open fire in the air to protect them- the Nixon Watergate scandal. selves. It is time to vote on campaign finance re- HON. SANDER M. LEVIN form, I refuse to take ``no'' for an answer. f OF MICHIGAN f IN THE HOUSE OF REPRESENTATIVES BREAST CANCER AWARENESS IN HONOR OF MR. ROY O. CAR- MONTH Friday, October 31, 1997 ROLL, JR. ON HIS RETIREMENT Mr. LEVIN. Mr. Speaker, I rise to congratu- FROM THE CHICAGO FIRE DE- HON. CAROLYN McCARTHY late Walsh College on celebrating 75 years of PARTMENT OF NEW YORK leadership in exemplary business education. IN THE HOUSE OF REPRESENTATIVES Walsh's history is firmly implanted in the suc- HON. JESSE L. JACKSON, JR. Friday, October 31, 1997 cess of Michigan business; from the early OF ILLINOIS years of the auto industry to the development IN THE HOUSE OF REPRESENTATIVES Mrs. McCARTHY of New York. Mr. Speaker, of high-technology businesses today. Friday, October 31, 1997 I rise this evening in support of Breast Cancer Walsh College started as a small accounting Awareness Month. We are facing a national institute in Detroit and became an upper-divi- Mr. JACKSON of Illinois. Mr. Speaker, I rise epidemic. Breast Cancer is the leading cause sion college in 1968. Seizing the opportunity today to honor a dedicated public servant, and of death for women between the ages of 35 to partner with area community colleges, my constituent, Mr. Roy O. Carroll, Jr., in his and 52. Approximately 1 in 9 women in the Walsh developed the successful 2 + 2 first year of retirement from the Chicago Fire United States will develop breast cancer. program. With just 151 bachelor-degree-seek- Department after 35 years of committed serv- ice to our great city. In 1962, when Mr. Carroll Every 3 minutes a woman is diagnosed with ing students in 1970, Walsh college has ex- began his career with the department, 150 Af- breast cancer and every 12 minutes a woman panded to 4 campuses and grown to over rican-Americans served on a force of 5,400 in will die of breast cancer. Our mothers, sisters, 3,300 students currently pursuing bachelor segregated firehouses, and in segregated daughters and friends deserve better. We and master degrees in business. neighborhoods. The overcrowded and inferior must find a cure for this disease. It is with pride that Walsh College acknowl- living conditions suffered by African-Americans In order to find a cure, scientists need to edges the 11,000 Walsh alumni who have better understand this multi-factorial disease. at that time created a dangerous atmosphere played a vital role in the growth of Michigan's which was rife with the potential for fires and While important discoveries have been made economy. Over 90 percent of their alumni live like the breast cancer gene which accounts for emergencies. As a result, the black fire en- and work in southeastern Michigan directly gines, numbered 16, 45, 19, and 48, were the 10% of breast cancer cases, there is still a contributing to the progress of the region. busiest companies in the city, and perhaps in great deal more to learn. One factor particu- Mr. Speaker, I ask my colleagues to join me the world, averaging from 3,700 to 4,500 runs larly significant on Long Island is the appear- in congratulating the entire college, the presi- per year. ance of clusters, high incidence of breast can- dent, David Spencer, the administration, fac- In 1980, Mr. Carroll joined my father, the cer in one geographic area. On Long Island, ulty, students, and alumni who have each Reverend Jesse L. Jackson, Sr., in a success- 110 out of every 100,000 women will be diag- played a vital role in Walsh's success over ful effort to settle a month-long firefighters' nosed with breast cancer compared to 100 out these past 75 years. strike. In 1982, he was promoted to the posi- of every 100,000 women in New York State. f tion of lieutenant, and in 1991, Mr. Carroll was Scientists suspect that breast cancer clus- again promoted to lead the force as captain. ters are linked with toxins and other chemical CAMPAIGN FINANCE REFORM Additionally, during the period from 1991 to substances present in the environment. In 1996, he served as assistant bureau com- 1993, Congress authorized the National Insti- HON. RON KIND mander of the West Side Fire Prevention Bu- tute of Health to conduct the Long Island OF WISCONSIN reau. After this impressive tenure of committed Breast Cancer Study (LIBSCP). This project IN THE HOUSE OF REPRESENTATIVES public service, Mr. Carroll retired from the de- brings together scientists and breast cancer Friday, October 31, 1997 partment on November 15, 1996. patients for a comprehensive study to explore Mr. Carroll's commitment to his community, the possible connection between environ- Mr. KIND. Mr. Speaker, another day has his Nation, and the world extended well be- mental toxins and breast cancer. gone by and still no campaign finance reform. yond his career with the Chicago Fire Depart- Until we find a cure for breast cancer, we While the House of Representatives refuses to ment. He served his country honorably in the must increase our efforts for diagnosis and take action on this important issue, the tales of Korean conflict, and continued his service to treatment. Regular mammography screening abuses of the system continue to come to our the Nation upon his return. Closer to home, as is vital for early detection of the disease and attention. chairman of the 111th Street Business Asso- all women 40 years old or older should re- In yesterday's paper I read, with interest, ciation, member of the Morgan Park Commu- ceive an annual mammogram. Last week, I more documented abuses of the campaign fi- nity Roots Organization, founding member of October 31, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2163 the Umoja Business Alliance, and senior vice Mr. Speaker, I know that all of our col- violence is a subject that we must give greater commander of the Captain John Daniels VFW leagues in the House will join me in congratu- attention. In this country, 42 percent of mur- Post No. 111 in Chicago, and as griot of the lating the Reserve Officers Association of the dered women are killed by their intimate male Safari Marketplace empowerment group of United States on its 75th anniversary, and in partners. I find that shockingÐof 100 women manufacturers, designers, and distributors, Mr. wishing it all the best in its future endeavors. killed, in almost half the cases, the murderer Carroll has brought to task his leadership f is the woman's boyfriend, ex-boyfriend, hus- skills. band, or ex-husband. Mr. Carroll, a loyal husband, father of three HONORING UCSF STANFORD HEALTH CARE The importance of violence against women and grandfather of three, deserves our most as a national problem was acknowledged by humble commendation. Mr. Speaker, our city, Congress in our 1994 passage of the Violence our Nation, and, indeed, the world community HON. ANNA G. ESHOO Against Women Act as part of the crime bill owe him a debt of gratitude for his valuable OF CALIFORNIA that year. contributions and public service. IN THE HOUSE OF REPRESENTATIVES Soon after I was elected to Congress in f Friday, October 31, 1997 1992, I met with a group of advocates working 75TH ANNIVERSARY OF THE Ms. ESHOO. Mr. Speaker, I rise today to to prevent domestic violence in Portland. They RESERVE OFFICERS ASSOCIATION salute the farsighted, courageous leadership asked me to develop a community-based ap- of the regents of the University of California proach to domestic violence prevention. Along and the board of trustees of Stanford Univer- with Senator Hatfield, I introduced legislation HON. IKE SKELTON sity for approving the merger of UCSF Medical in 1993 which was included in the Violence OF MISSOURI Center and Stanford Health Services. UCSF Against Women Act and the crime bill. IN THE HOUSE OF REPRESENTATIVES Medical Center includes Mt. Zion Hospital, Because the problem of domestic violence while Stanford Health Services is comprised of Friday, October 31, 1997 is pervasive, only a coordinated approach Stanford University Hospital and Lucile Salter which integrates the unique perspectives and Mr. SKELTON. Mr. Speaker, in the analysis Packard Children's Hospital. The new organi- assets of these interrelated sectors of society that followed World War I, it was clear to zation resulting from this merger shall be can produce truly effective solutions. Local do- many American military experts that we suf- known as UCSF Stanford Health Care. mestic violence organizations often lack co- fered unacceptably high casualties due in no UCSF and Stanford Health Services, both small part to the lack of a well-trained reserve recently named among the top 10 medical ordination with similar groups in their commu- force. With this in mind, Congress enacted the centers in the United States, have well earned nity. My legislation included a provision to im- National Defense Act of 1920 which created, reputations as extraordinary institutions that prove and expand existing intervention and among other things, a 200,000 member Offi- educate new physicians, engage in life saving prevention strategies through increased com- cers Reserve Corps. research, and provide exemplary care to their munication. On October 2, 1922, the Reserve Officers communities. Lucile Salter Packard Children's My legislation enabled funding for commu- Association of the United States was orga- Hospital is widely heralded for its advocacy of nity programs on domestic violence. These nized at the suggestion of General of the children's health and has a distinguished na- grants are being awarded in local communities Army, John J. Pershing. General Pershing tional record of expert and compassionate in order to develop coordinated community charged the ROA with the responsibility to re- care for children. Mt. Zion Hospital, which be- plans for intervention in and prevention of do- cruit the corps, develop public support for it, came part of UCSF in 1987, has a rich tradi- mestic violence. These projects involve such and petition Congress to appropriate adequate tion of providing high quality care to San Fran- sectors as health care providers, the edu- funds to train these citizen service members. cisco families. Together, these organizations cation community, the religious community, One of my State's most prominent citizens, provide care to more than 1 million individuals the justice system, domestic violence program President Harry S Truman, a junior officer dur- each year. The combined entity has pledged advocates, human service entities, and busi- ing World War I, was an original, charter orga- to continue its commitment to those who need ness and civic leaders. nizer of the ROA. In the 75 years since its its services, including the indigent and those The National Research Council published a founding the ROA has more than met the with special needs. report last year called Understanding Violence challenges given to it by General Pershing. The employees of UCSF, Stanford Health Against Women which said: ``[these coordi- At the beginning of World War II, 115,000 Services, Lucile Packard Children's Hospital, members of the Reserve Officers Corps were and Mt. Zion Hospital bring with them a tradi- nated community] projects had a significant trained and available for instant service, help- tion of maintaining high standards for patient impact on increasing the levels of arrests for ing us avoid the hectic days of 1917, when care and an ability to put a vast array of new battering, convictions, and court mandates to there was no adequate reservoir of officers to technologies into service with dizzying fre- treatment * * * Arrests prior to the coordi- draw upon. Since that time, reservists have quency. Their ceaseless commitment to pro- nated effort increased repeat violence, while been involved in all of our conflicts, including viding the finest service to those entrusted to police action, particularly arrest, in coordina- the 267,000 that were recalled for Operations their care will enable the new entity to con- tion with other criminal justice efforts deterred Desert Shield and Desert Storm, and the tinue as a leader in the healing arts. further violence.'' 14,000 that have served in IFOR and SFOR in Mr. Speaker, this ground breaking merger is These community programs were funded at Bosnia and Herzegovina. very important to the people of our region and $6 million each year in 1995 and 1996. Six Throughout all of these years, the ROA has our Nation and will make UCSF Stanford million dollars is included in both the House been activeÐsupporting initiatives to strength- Health Care a peerless resource for advanced and Senate versions of this year's Labor/HHS en our Nation's military, and opposing efforts medical treatment. I ask my colleagues to join appropriations bill for coordinated community to undermine America's preparedness. It has me in congratulating all those who took part in initiatives. helped stop dangerous and ill-advised cuts in the creation of UCSF Stanford Health Care Much of the funding in the Senate bill our Nation's reserve forces. It has fought for and wish them our best in this new endeavor. comes from the violent crime reduction trust and won improvements in the pay and bene- f fits of all of our Armed ForcesÐmeasures fund rather than by further extending the Cen- which have been vital to us in recruiting and DOMESTIC VIOLENCE AWARENESS ter for Disease Control's base budget, which is retaining a quality force. MONTH already stretched thin. Several of my col- Today, the ROA is a strong, vibrant, and leagues have joined me in sending a letter to well-respected association of 90,000 mem- House conferees urging them to recede to the HON. ELIZABETH FURSE Senate position. bers, 68 percent of whom are life members. It OF OREGON is an organization whose integrity and credibil- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the fundamental nature of vio- ity meet the highest standards. Because of my lence against women remains unexplored and deep respect for the ROA and its work, I was Friday, October 31, 1997 often misunderstood. We must increase our deeply honored to receive its Minute Man of Ms. FURSE. Mr. Speaker, October is Do- knowledge so that we can ameliorate this na- the Year Award in 1995. mestic Violence Awareness Month. Domestic tional problem. E2164 CONGRESSIONAL RECORD — Extensions of Remarks October 31, 1997 A NATIONAL SYMBOL FOR ing the experience of a unique culture, is but from the Taylor Grazing Act. But after exten- GERMAN-AMERICANS a small token of the contributions made by sive discussions with Agriculture Chairman German-Americans to our great Nation. BOB SMITH and Ranking Member STENHOLM, HON. DAVID MINGE f my concerns have been addressed and I am pleased to support the measure. I wish to OF MINNESOTA SUPPORT STANDARDS OF IN THE HOUSE OF REPRESENTATIVES thank Chairman SMITH for his stalwart leader- EXCELLENCE IN EDUCATION ship. It is not easy to bring so many divergent Friday, October 31, 1997 views together and reach agreement. No one Mr. MINGE. Mr. Speaker, this summer I was HON. BOB ETHERIDGE worked harder than he, and I appreciate him. honored to be part of a glorious event for Ger- OF NORTH CAROLINA Mr. Chairman, the second degree amend- man-Americans, the Hermann Monument Cen- IN THE HOUSE OF REPRESENTATIVES ment to the manager's amendment that I tennial in New Ulm, MN. The 100-year dedica- worked out with Chairman SMITH was quite Friday, October 31, 1997 tion drew thousands of Americans with Ger- simple. It merely deleted the definitions of ``al- man ancestry to a parade and several fes- Mr. ETHERIDGE. Mr. Speaker, I rise today lotment'' and ``base property,'' and deleted a tivals at the site of the Hermann Monument, a to announce the introduction of my resolution paragraph about lease transfers. It was my statue of a celebrated German hero. in support of voluntary educational standards concern that these definitions threatened the The Hermann Monument stands at a crest of excellence. I urge my colleagues to join the rights found in the Taylor Grazing Act, and of a hill overlooking the city of New Ulm. To 23 original cosponsors and myself in support that the lease transfer language could allow the thousands of residents in the heavily Ger- of this important measure. the Secretary concerned to separate the Tay- man-American New Ulm area, the monument This simple, straightforward resolution is a lor's preference right from the base property. symbolizes the importance of German ances- commonsense approach to improving edu- I wanted to ensure that when an individual try. To German-Americans scattered across cation in this country. The American people sells or leases his or her ranch, that the graz- the country, the Hermann Monument rep- strongly support educational standards of ex- ing preference for the allotments go with it. resents unity of the German people. cellence so parents, teachers, students, and The amendment merely leaves the current law The formation of a united Germany began in taxpayers will have the advantage of quality in place, and I am unaware of anyone having 9 A.D. when Arminius, or Hermann, defeated public schools. This Congress must go on concerns with the current definitions. However, three Roman Legions who had invaded the record in support of high education standards. I do realize that the current lease transfer reg- area known today as Germany. His victory laid As the former two-term, elected super- ulations on Forest Service land cause prob- the foundation for German identity. Hermann intendent of North Carolina's Department of lems. But I was concerned that we were went on to symbolize German unity and the Public Instruction, I know firsthand that aiming agreeing to bad language. I would rather pass hard work and perseverance it took to attain high and providing our teachers and students no law than bad law. that goal. the tools they need to get the job done is the To understand my position, one must under- Centuries later in America, Hermann sig- proven way to improve academic achieve- stand the history of how the Western United nified the struggle of the German immigrant ment. America needs educational standards of States was settled and the history of the de- coming to America. To Germans who came to excellence, and the House must pass this im- velopment of the use right inherent in the this new country, Hermann stood for pride in portant resolution. grazing preference. having made it to America, and in having es- Mr. Speaker, my resolution is strongly sup- The arid grazing lands of the Western tablished opportunity for the future. Hermann ported by the Council of Chief State School States were settled by hardy persons who en- was recast as a German-American symbol, Officers, the American Legion, and other dured severe hardships in developing ranching representing the essence of the German- groups dedicated to providing a quality edu- operations where there was water to support American experience. cation to each and every child in this Nation. those operations. You must understand, much German-Americans are an integral part of Our country's commitment to public education of this country gets less than 10 inches of rain the culture and history of our Nation. There has been the great equalizer in this society. fall per year. There is less forage, and it there- are more than 57.9 million individuals of Ger- We must pass this resolution to strengthen fore takes a whole lot more land to raise cat- man heritage residing in the United States, and improve our public schools. tle. These individuals established base prop- representing nearly 25 percent of the popu- I have worked with the administration in de- erties, but had to depend upon the massive lation. German-Americans surpass all other veloping this resolution, and it can be sup- Federal lands for forage to support a viable ancestries as the largest ethnic group in the ported by both Republican and Democratic livestock herd. They developed use rights, United States. Members of this House. such as rights of way across the Federal Currently, we do not have a national symbol Mr. Speaker, nothing is more important than lands, which were recognized by Congress in of the German heritage. The Hermann Monu- our children. I urge my colleagues to join me 1866 when it passed R.S. 2477. ment celebrates the unity of German-Ameri- in support of this important resolution to en- Major John Wesley Powell, Chief of the U.S. cans throughout our Nation. Consecrating a courage education standards of excellence for Geological Survey issued a report entitled `Re- monument to this great leader, and manifest- every school in America. port on the Arid Lands of the United States,'' ing it as a national symbol for German ances- f which led to the passage of the act for the Re- try, emphasizes the importance of recognizing lief of Settlers on the Public Lands, May 14, the contributions German-Americans have FORAGE IMPROVEMENT ACT OF 1880. That act recognized the act of settle- made to our country. This monument, visited 1997 ment itself as initiating and maintaining the by thousands of Americans of German ances- settler's property rights. The report pointed out try, and revered by German history scholars, SPEECH OF that nearly all the land in the West was pri- should be a national symbol for the contribu- HON. HELEN CHENOWETH marily suited to livestock grazing and had tions of German-Americans. OF IDAHO been settled on as ranches. After passage of It is with the goal of recognizing the Ger- that act, settlement itself was sufficient to put IN THE HOUSE OF REPRESENTATIVES man-American experience that I have intro- other settlers on notice that the land had al- duced a concurrent resolution that designates Thursday, October 30, 1997 ready been appropriated to private forage use. the Hermann Monument as a National Ger- The House in Committee of the Whole The rights of the settlers to use of these man-American Monument and a symbol of House on the State of the Union had under Western grazing lands were confirmed and pride for Americans of German heritage. The consideration the bill (H.R. 2493) to establish ratified by a series of congressional actions bill will recognize the Hermann Monument as a mechanism by which the Secretary of Agri- such as the act of August 30, 1890 as amend- a sight of special historical significance. culture and the Secretary of the Interior can ed by the act of March 3, 1891, the act of Jan- Scattered across the country in small towns provide for uniform management of live- uary 13, 1897, the act of June 4, 1897, the act as well as large cities, German-Americans are stock grazing on Federal lands. of June 11, 1906, the acts of March 4 and separated by regions of the country, but deep- Mrs. CHENOWETH. Mr. Chairman, I rise in September 30, 1913, the Stock-Raising Home- ly united in ancestry. It is our duty to recog- support of H.R. 2493, as amended by the stead Act of 1916, which authorized home- nize the importance of the history and culture manager's amendment and its second degree steading of those lands designated as ``chiefly of German-Americans who have helped to amendment. As originally written, I had grave valuable for grazing and raising forage crops,'' mold our great Nation. This monument, rep- concern over H.R. 2493's impact to the private and several other acts leading up to passage resenting unity of a great people and celebrat- property use and preference rights that spring of the Taylor Grazing Act in 1934. Each of the October 31, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2165 confirming and ratifying acts provided that all sion which specifically states that the Sec- Virgin Islander, close family friend and one of preexisting rights be protected. retary has ``an affirmative duty to protect'' the the pillars of my childhood, who passed away As we all know, when Congress passes a ``grazing preference.'' We must not extinguish last week. Mr. Forbes dedicated his life to the validating or confirmatory statute, the legal title that right, and with the amendments, it does service of God, his family, and his community, passes as completely as if a patent were is- not. making the Virgin Islands a better place due to sued, and the power left to the United States The lawyer who argued PLC versus Babbitt is the power to survey and define the bound- to the Tenth Circuit Court of Appeals is very his efforts. aries of the tracts validated, as determined by concerned about the way the manager's Keith Forbes was born on October 28, 1920 the U.S. Supreme Court in U.S. v. State Inv. amendment was written. I quote from an Octo- on the island of St. Croix. He served the St. Co., 264 U.S. 206 (1924). ber 29, 1997 letter from Connie Brooks: John's Anglican Church Community in Chris- When the Taylor Grazing Act was enacted, The term appurtenant was originally de- tiansted for over 60 years in many capacities. scribed in the first rules under the Taylor the Congress emphasized protection of the As a young boy, he served as an acolyte, li- prior existing rights, and called for establish- Grazing Act. The appurtenance issue is very censed lay reader, and later conducted out- ment of the grazing preferences. Following significant with respect to transferability of passage of the act, the Department of Interior the grazing preference. Once a preference or reach services at the correctional facilities and grazing use was ‘‘appurtenant’’ or ‘‘at- surveyed existing allotments throughout the outlying areas of St. Croix. He also served on tached’’ to a base property, it meant that the the Vestry where his duties included the posi- West and issued adjudications establishing the transfer of the base property included the grazing preference right attached to that adju- transfer of the grazing preference or grazing tion of junior and senior warden and vestry dicated allotment. use. Based on this fundamental premise, member emeritus. Secretary of Interior Babbitt issued his regu- ranches to this day can be mortgaged, inher- In 1944 Mr. Forbes began what would even- lations of grazing in the so-called Rangeland ited, and bought and sold with the assurance Reform, and one of those regulations replaced that the grazing rights on Federal land will tually span more than five decades of active the term ``grazing preference'' used by the also be transferred. Masonic involvement. He was installed as a Congress in the Taylor Grazing Act with the Again, the second degree erased the bill's Freemason in the Sovereign Grand Lodge of term ``permitted use,'' and made that grazing entire attempt to define the base property and Puerto Rico and served as the past district use dependent upon the discretion of the Sec- allotment, and I thank Chairman SMITH for deputy grandmaster and past district deputy retary. In PLC versus Babbitt, United States agreeing to this. grand instructor of that lodge. He became a district judge Brimmer enjoined the Secretary Regarding the lease transfer language, founding member of the Caribbean Light from replacing the ``grazing preference'' with a Connie Brooks, again, the lawyer who argued Lodge No. 101, as well as a charter member BRIMMER, wrote: discretionary permitted use. In his decision, of Master Masons Lodge of Anguilla, W. I. Mr. Judge Brimmer traced the development of a ‘‘This may well spill over into the long- Forbes also held the positions of high priest of grazing preference right: standing interpretation of the Taylor Graz- Congress enacted the Taylor Grazing Act ing Act, which requires the Secretary to rec- Zetland Chapter No. 359 St. Thomas; Su- in 1934. Pursuant to the Act, the Secretary ognize any transfer of the base property and preme grand Royal Chapter of Royal Arch Ma- identified public lands ‘‘chiefly valuable for grazing preference. The Forest Service will sons of England; member Chapter Rose require the waiver of the permit back to the grazing and raising forage crops and placed Croix, HRDM No. 48 Jamaica, W. I.; Supreme these lands in grazing districts. Thus, the agency and re-issuance to a purchaser. The Department of Interior engaged in a lengthy concern is that if there is an issue of discre- Council 33 Degrees Masons of England of adjudication process to determine who was tion then we will see the BLM seeking to Wales; Past High Priest of Caanan Chapter eligible for a grazing preference. This process cancel a grazing preference and permit rath- No. 1, and past commander Knight's Templar. er than transfer it. The cancellation and is- began in the 1930’s and took nearly 20 years From 1952 to 1979, he began his associa- to complete. The Department issued adju- suance of a new permit will trigger a host of dication decisions awarding grazing pref- environmental and permitting issues, which tion with the Federal judicial system, starting erences to qualified applicants. The term would make ranches difficult to sell as cattle as a clerical assistant and retiring as the dep- ‘‘grazing preference’’ thus came to represent ranches and increase the likelihood that uty clerk-in-charge, for the St. Croix Division of they will be developed as subdivisions, re- an adjudicated right to place livestock on the U.S. District Court. public lands. duce the value of the ranch and collateral. Judge Brimmer continued: ``The grazing Mr. Chairman, this is a quote from the Throughout the late sixties to the early preference attached to the base property and woman who argued the Brimmer decision. eighties, he owned and operated ``The Pep- followed the base property if it was trans- This is a property rights, 5th amendment permint Parlor'', a popular local restaurant, ferred.'' issue. We cannot allow these ranches that which served as a friendly family gathering Mr. Chairman, the bill without the second have been passed down from generation to place for the community. degree amendment could have allowed the generation to have their adjudicated pref- In 1988 he was named president of the Secretary concerned to separate that adju- erences separated from them. The ranches board for Brodhurst Printery, Inc., parent com- dicated right from the base property. No will become useless, and families will be de- longer would the adjudicated right to place stroyed. pany of the St. Croix Avis, the local news- cattle on an ``allotment'' be ``appurtenant'' to a The second degree amendment addressed paper for that island district, maintaining that base property. This bill would have down- my concerns. Again, I thank the Chairman and position until his untimely death. graded that legal connection to ``associate all those who worked so very hard on this bill. He was a founding member of the Gentle- with.'' Additionally, the lease transfer section I urge adoption of the bill. f men of Jones, a charitable community organi- of this bill would have left the transfer of the zation that provides services to the people of adjudicated right to the sole discretion of the TRIBUTE TO KEITH FORBES St. Croix, especially renowned for their Christ- Secretary, with absolutely no qualifications. mas charity work in the city of Frederiksted. This is wrong. The Taylor Grazing Act already HON. DONNA M. CHRISTIAN-GREEN On behalf of the people of the Virgin islands has adequate qualification requirements, and OF THE VIRGIN ISLANDS of the United States, I salute Keith Lancelot this bill will supersede Taylor. IN THE HOUSE OF REPRESENTATIVES Judge Brimmer's decision is critical to the Forbes for his dedicated service to God, his Friday, October 31, 1997 ranchers who are dependent upon forage family, and community. rights on Federal lands. It acknowledges graz- Ms. CHRISTIAN-GREEN. Mr. Speaker, I ing preference as a ``use right.''. It is a deci- rise to pay tribute to Mr. Keith Forbes, a fellow Friday, October 31, 1997 Daily Digest Senate voted in the affirmative, Senate failed to close further Chamber Action debate on the bill. Page S11510 Routine Proceedings, pages S11503–S11575 A second motion was entered to close further de- Measures Introduced: Six bills and one resolution bate on the bill and, in accordance with the provi- were introduced, as follows: S. 1352–1357, and S. sions of Rules XXII of the Standing Rules of the Con. Res. 59. Page S11545 Senate, a vote on the cloture motion will occur on Tuesday, November 4, 1997. Page S11510 Measures Reported: Reports were made as follows: H.R. 960, to validate certain conveyances in the National Defense Authorizations Act—Con- City of Tulare, Tulare County, California. (S. Rept. ference Report: Senate began consideration of the No. 105–127) conference report on H.R. 1119, to authorize appro- S. 1180, to reauthorize the Endangered Species priations for fiscal year 1998 for military activities Act, with an amendment in the nature of a sub- of the Department of Defense, for military construc- stitute. (S. Rept. No. 105–128) tion, for defense activities of the Department of En- S. 318, to amend the Truth in Lending Act to re- ergy, and to prescribe personnel strengths for such fiscal year for the Armed Forces. quire automatic cancellation and notice of cancella- tion rights with respect to private mortgage insur- Pages S11511±12, S11570 ance which is required by a creditor as a condition During consideration of this measure today, Senate for entering into a residential mortgage transaction, took the following action: with an amendment in the nature of a substitute. (S. By 93 yeas to 2 nays (Vote No. 289), three-fifths Rept. No. 105–129) of those Senators duly chosen and sworn having voted in the affirmative, Senate agreed to close fur- S. 1228, to provide for a 10-year circulating com- ther debate on the motion to proceed to the consid- memorative coin program to commemorate each of eration of the conference report. Pages S11511±12 the 50 States, with an amendment. (S. Rept. No. A unanimous-consent-time agreement was reached 105–130) Page S11544 providing for further consideration of the conference Measures Passed: report on Thursday, November 6, 1997, with a vote Gun Violence Concern: Committee on the Judici- to occur thereon. Page S11570 ary was discharged from further consideration of S. A unanimous-consent agreement was further Res. 141, expressing the sense of the Senate regard- reached providing for the consideration of a concur- ing National Concern About Young People and Gun rent resolution making technical corrections in the Violence Day, and the resolution was then agreed to. enrollment of the conference report regarding Sec. Pages S11572±73 3165 of the bill. Page S11570 Education Savings Act for Public and Private Fast Track/Trade Agreements—Cloture Filed: A Schools—Cloture Vote: Senate resumed consider- motion was entered to close further debate on the ation of H.R. 2646, to amend the Internal Revenue motion to proceed to consideration of S. 1269, to es- Code of 1986 to allow tax-free expenditures from tablish objectives for negotiating and procedures for education individual retirement accounts for elemen- implementing certain trade agreements and, in ac- tary and secondary school expenses, and to increase cordance with the provisions of Rule XXII of the the maximum annual amount of contributions to Standing Rules of the Senate, a vote on the cloture such accounts. Pages S11503±11 motion will occur on Tuesday, November 4, 1997. During consideration of this measure today, Senate Page S11512 also took the following action: SBA Authorization: Senate concurred in the By 56 yeas to 41 nays (Vote No. 288), three-fifths amendment of the House to S. 1139, to reauthorize of those Senators duly chosen and sworn not having the programs of the Small Business Administration, D1186 October 31, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1187 with a Bond Amendment No. 1543 (to House Beverly Baldwin Martin, of Georgia, to be United amendment), in the nature of a substitute. States Attorney for the Middle District of Georgia Pages S11516±29 for the term of four years. Export-Import Bank Authorization: Senate dis- Robert M. McNamara, Jr., of Maryland, to be agreed to the amendment of the House to S. 1026, General Counsel of the Central Intelligence Agency. to reauthorize the Export-Import Bank of the United A routine list in the Foreign Service. Page S11575 States, agreed to the House request for a conference, Messages From the House: Page S11543 and appointed the following conferees: Senators Measures Referred: Page S11543 D’Amato, Grams, Hagel, Sarbanes, and Moseley- Communications: Page S11543 Braun. Pages S11573±74 Petitions: Pages S11543±44 Nomination—Agreement: A unanimous-consent- time agreement was reached providing for the con- Executive Reports of Committees: Page S11545 sideration of the nomination of Charles Rossotti, of Statements on Introduced Bills: Pages S11545±49 the District of Columbia, to be Commissioner of In- Additional Cosponsors: Pages S11549±50 ternal Revenue, Department of the Treasury, on Monday, November 3, 1997, with a vote to occur Amendments Submitted: Pages S11553±67 thereon. Page S11570 Notices of Hearings: Pages S11567±68 Treaties Approved: The following treaties having Authority for Committees: Page S11568 passed through their various parliamentary stages, up Additional Statements: Pages S11568±70 to and including the presentation of the resolution of ratification, upon division, two-thirds of the Sen- Record Votes: Two record votes were taken today. ators present and having voted in the affirmative, the (Total–289) Pages S11510, S11512 resolutions of ratification were agreed to: Adjournment: Senate convened at 9:30 a.m., and Taxation Agreement with Turkey, with one dec- adjourned at 3:22 p.m., until 12 Noon, on Monday, laration and one proviso. (Treaty Doc. 104–30) November 3, 1997. (For Senate’s program, see the Pages S11570, S11572 remarks of the Acting Majority Leader in today’s Taxation Convention with Austria, with one un- Record on page S11575.) derstanding, two declarations, and one proviso. (Treaty Doc. 104–31) Pages S11570±72 Committee Meetings Taxation Convention with Luxembourg , with one reservation, two declarations, and one proviso. (Trea- (Committees not listed did not meet) ty Doc. 104–33) Pages S11570±72 NOMINATIONS Taxation Convention with Thailand, with one dec- laration and one proviso. (Treaty Doc. 105–2) Committee on Agriculture, Nutrition, and Forestry: Com- mittee ordered favorably reported the nominations of Pages S11570±72 Sally Thompson, of Kansas, to be Chief Financial Tax Convention with Switzerland, with two dec- Officer, Department of Agriculture, and Joseph B. larations and one proviso. (Treaty Doc. 105–8) Dial, of Texas, to be a Commissioner of the Com- Pages S11570±72 modity Futures Trading Commission. Tax Convention with South Africa, with one dec- laration and one proviso. (Treaty Doc. 105–9) NOMINATIONS Pages S11570±72 Committee on Foreign Relations: Committee concluded Protocol Amending Tax Convention with Canada, hearings on the nominations of Mary Mel French, of with one declaration and one proviso. (Treaty Doc. the District of Columbia, to be Chief of Protocol, 105–29) Pages S11570, S11572 and to have the rank of Ambassador during her ten- Tax Convention with Ireland, with one under- ure of service, Betty Eileen King, of Maryland, to be standing, two declarations, and one proviso. (Treaty Representative of the United States on the Economic Doc. 105–31) Pages S11570, S11572 and Social Council of the United Nations, with the rank of Ambassador, George Edward Moose, of Nominations Confirmed: Senate confirmed the fol- Maryland, to be Representative of the United States lowing nominations: to the European Office of the United Nations, with 1 Army nomination in the rank of general. the rank of Ambassador, Phyllis E. Oakley, of Lou- Pages S11570, S11575 isiana, to be Assistant Secretary of State for Intel- Nominations Received: Senate received the follow- ligence and Research, Nancy H. Rubin, of New ing nominations: York, for the rank of Ambassador during her tenure D1188 CONGRESSIONAL RECORD — DAILY DIGEST October 31, 1997 of service as Representative of the United States on to review activities of the Department of the Treas- the Human Rights Commission of the Economic and ury’s Office of the Inspector General, focusing on al- Social Council of the United Nations, and Julia Taft, leged contracting improprieties within the Office of of the District of Columbia, to be Assistant Secretary Inspector General, receiving testimony from Robert of State for Population, Refugees and Migration, P. Murphy, General Counsel, Donald J. Wheeler, after the nominees testified and answered questions Deputy Director, Office of Special Investigation, and in their own behalf. Ms. French was introduced by Theodore C. Barreaux, Associate Director for Audit Senator Bumpers, and Ms. Rubin was introduced by Oversight and Liaison, Accounting and Information Senator Dodd. Management Division, all of the General Accounting TREASURY DEPARTMENT: INSPECTOR Office; and Valerie Lau, Inspector General, Depart- GENERAL’S OFFICE ment of the Treasury. Committee on Governmental Affairs: Permanent Sub- Hearings will continue on Monday, November 3. committee on Investigations held oversight hearings h House of Representatives H.J. Res. 91, granting the consent of Congress to Chamber Action the Apalachicola-Chattahoochee-Flint River Basin Bills Introduced: 7 public bills, H.R. 2786–2792; Compact, amended (H. Rept. 105–369); 2 private bills, H.R. 2793–2794; and 3 resolutions, H.J. Res. 92, granting the consent of Congress to H. Con. Res. 183, and H. Res. 299–300, were intro- the Alabama-Coosa- Tallapoosa River Basin Com- duced. Pages H9864±65 pact, amended (H. Rept. 105–370); Reports Filed: Reports were filed as follows: H.R. 2476, to amend title 49, United States H.R. 2732, a private bill, for the relief of John Code, to require the National Transportation Safety Andre Chalot (H. Rept. 105–360); Board and individual foreign air carriers to address H.R. 2731, a private bill, for the relief of Roy the needs of families of passengers involved in air- Desmond Moser (H. Rept. 105–361); craft accidents involving foreign air carriers, amend- S. 731, to extend the legislative authority for con- ed (H. Rept. 105–371); and struction of the National Peace Garden memorial (H. H.R. 2626, to make clarifications to the Pilot Rept. 105–362); Records Improvement Act of 1996, amended (H. S. 423, to extend the legislative authority for the Rept. 105–372). Page H9864 Board of Regents of Gunston Hall to establish a me- Speaker Pro Tempore: Read a letter from the morial to honor George Mason (H. Rept. 105–363); Speaker wherein he designated Representative H.R. 2676, to amend the Internal Revenue Code Shimkus to act as Speaker pro tempore for today. of 1986 to restructure and reform the Internal Reve- Page H9803 nue Service, amended (H. Rept. 105–364); HELP Scholarships and Charter Schools Amend- H.R. 2644, to provide to beneficiary countries ments Acts: By a recorded vote of 214 ayes to 198 under the Caribbean Basin Economic Recovery Act noes, Roll No. 567, the House agreed to H. Res. benefits equivalent to those provided under the 288, the rule providing for consideration of both North American Free Trade Agreement (H. Rept. H.R. 2746, to amend title VI of the Elementary and 105–365); Secondary Education Act of 1965 to give parents H.R. 2195, to provide for certain measures to in- with low-incomes the opportunity to choose the ap- crease monitoring of products of the People’s Repub- propriate school for their children and H.R. 2616, to lic of China that are made with forced labor, amend- amend titles VI and X of the Elementary and Sec- ed (H. Rept. 105–366 Part 1); ondary Education Act of 1965 to improve and ex- H.R. 2622, to make miscellaneous and technical pand charter schools. Pursuant to Section 4, H.Res. changes to various trade laws (H. Rept. 105–367); 280, an unrelated resolution, was laid on the table. H.R. 1753, to provide for the establishment of Pages H9814±32 not less than 2,500 Boys and Girls Clubs of America Earlier, agreed to order the previous question by facilities by the year 2000, amended (H. Rept. a yea and nay vote of 222 yeas to 195 nays, Roll 105–368); No. 566. Pages H9831±32 October 31, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1189

Veterans’ Compensation Cost-of-Living Adjust- MANAGEMENT PRACTICES IN STATE AND ment: The House passed H.R. 2367, to increase, ef- LOCAL GOVERNMENT fective as of December 1, 1997, the rates of com- Committee on Government Reform and Oversight: Sub- pensation for veterans with service-connected disabil- committee on Government Management, Informa- ities and the rates of dependency and indemnity tion, and Technology held a hearing on Management compensation for the survivors of certain disabled Practices in State and Local Government: Lessons for veterans. Agreed to the committee amendment in the Federal Government. Testimony was heard from the nature of a substitute; and agreed to amend the public witnesses. title. Pages H9835±37 Deny Veterans Benefits for Capital Offense Con- CAMPAIGN FINANCE REFORM victions: The House passed S. 923, to deny veterans Committee on House Oversight: Continued hearings on benefits to persons convicted of Federal capital of- Campaign Finance Reform. Testimony was heard fenses. Agreed to the Committee amendment in the from Representatives Portman, Fowler, Dreier, Farr nature of a substitute; and agreed to amend the title. and Tierney. Pages H9837±39 Hearings continue November 6. Legislative Program: The Majority Leader an- nounced the legislative program for the week of No- MISCELLANEOUS MEASURES vember 3. Pages H9832±33 Committee on International Relations: Favorably consid- Meeting Hour—November 4: Agreed that when ered and adopted a motion urging the Chairman to the House adjourns today, it adjourn to meet at request that the following measures be considered on the Suspension Calendar: H. Con. Res. 22, amended, 10:30 on Tuesday, November 4. Page H9833 expressing the sense of the Congress with respect to Calendar Wednesday: Agree to dispense with Cal- the discrimination by the German Government endar Wednesday business of November 5. against members of minority religious groups, par- Page H9833 ticularly the continued and increasing discrimination Senate Messages: Message received from the Senate by the German Government against performers, en- today appears on page H9803. tertainers, and other artists from the United States associated with Scientology; H. Con. Res. 152, Referrals: S. 1149, to amend title 11, United States amended, expressing the sense of the Congress that Code, to provide for increased education funding and all parties to the multiparty peace talks regarding S. 1024, to make chapter 12 of title 11 of the Unit- Northern Ireland should condemn violence and fully ed States Code permanent, were referred to the Com- integrate internationally recognized human rights mittee on the Judiciary. Page H9863 standards and adequately address outstanding human Quorum Calls—Votes: One yea-and-nay vote and rights violations as part of the peace process; H. Res. one recorded vote developed during the proceedings 273, amended, condemning the military intervention of the House today and appear on pages H9831–32 by the Government of the Republic of Angola into and H9832. There were no quorum calls. the Republic of the Congo; H. Res. 282, congratu- Adjournment: Met at 9:00 a.m. and adjourned at lating the Association of Southeast Asian Nations 3:51 p.m. (ASEAN) on the occasion of its 30th Anniversary; H. Con. Res. 172, amended, expressing the sense of the Congress in support of efforts to foster friendship Committee Meetings and cooperation between the United States and Mon- golia; H. Res. 231, amended, urging the President MISCELLANEOUS MEASURES; DRAFT to make clear to the Government of the Social Re- REPORT public of Vietnam the commitment of the American people in support of democracy and religious and Committee on Government Reform and Oversight: Ordered economic freedom for the people of the Socialist Re- reported amended the following bills: H.R. 1836, public of Vietnam; and H. Con. Res. 156, amended, Federal Employees Health Care Protection Act of expressing concern for the continued deterioration of 1997; and H.R. 2675, Federal Employees Life Insur- human rights in Afghanistan and emphasizing the ance Improvement Act. need for a peaceful political settlement in that coun- The Committee also approved, as amended, a draft try. report entitled: ‘‘Gulf War Veterans’ Illnesses: VA, The Committee also adopted a Committee resolu- DOD Continue to Resist Strong Evidence Linking tion honoring the life and service of the late Rep- Toxic Causes to Chronic Health Effects’’. resentative Walter H. Capps of California. D1190 CONGRESSIONAL RECORD — DAILY DIGEST October 31, 1997

sure by publicly-traded companies; to be followed by a Joint Meetings full committee business meeting to consider certain APPROPRIATIONS—LABOR/HHS/ nominations, 10 a.m., SD–538. EDUCATION Committee on the Budget: November 4, to hold hearings Conferees on Thursday, October 30, agreed to file to examine options for funding social security benefits in a conference report on the differences between the the 21st century, 2 p.m., SD–608. Senate- and House-passed versions of H.R. 2264, November 6, Full Committee, to hold hearings to ex- making appropriations for the Departments of Labor, amine Federal pre-kindergarten through grade twelve education programs, 9:30 a.m., SD–608. Health and Human Services, and Education, and re- Committee on Commerce, Science, and Transportation: No- lated agencies for the fiscal year ending September vember 4, business meeting, to consider pending calendar 30, 1998. business, 9:30 a.m., SR–253. f November 4, Subcommittee on Science, Technology, and Space, to hold hearings to examine the necessity of NEW PUBLIC LAWS Federal involvement in the Next Generation Internet, (For last listing of Public Laws, see DAILY DIGEST p. D1172) 2:30 p.m., SR–253. H.J. Res. 75, to confer status as an honorary vet- November 5, Full Committee, to hold hearings to ex- eran of the United States Armed Forces on Leslie amine the environmental consequences of global warming Townes (Bob) Hope. Signed October 30, 1997. (P.L. scenarios, 9:30 a.m., SR–253. 105–67) Committee on Energy and Natural Resources: November 4, to hold hearings on the nominations of Curt Herbert Jr., f of Mississippi, and Linda Key Breathitt, of Kentucky, CONGRESSIONAL PROGRAM AHEAD each to be a Member of the Federal Energy Regulatory Commission, Department of Energy, 10 a.m., SD–366. Week of November 3 through 8, 1997 Committee on Environment and Public Works: November 4, Subcommittee on Transportation and Infrastructure, to Senate Chamber hold hearings to examine the status of Federal transpor- On Monday, Senate will consider the nomination tation programs in the absence of a multi-year reauthor- of Charles Rossotti, of the District of Columbia, to ization, 9:30 a.m., SD–406. be Commissioner of Internal Revenue, Department November 4, Full Committee, to hold hearings on S. of the Treasury, with a vote to occur thereon, and 627, authorizing funds for programs of the African Ele- may consider the motion to proceed to S. 1269, Re- phant Conservation Act, and S. 1287, to assist in the ciprocal Trade Agreement Act. conservation of Asian elephants by supporting and pro- On Tuesday, Senate will vote on a motion to close viding financial resources for the conservation programs of further debate on H.R. 2646, Education Savings Act nations within the range of Asian elephants and projects of persons with demonstrated expertise in the conserva- For Public and Private Schools, and vote on a mo- tion of Asian elephants, 2 p.m., SD–406. tion to close further debate on the motion to proceed November 5, Subcommittee on Transportation and In- to S. 1269, Fast Track/Trade Agreements. frastructure, to hold hearings to examine the General On Thursday, Senate will resume consideration of Services Administration proposal to construct or otherwise the conference report on H.R. 1119, National De- acquire a facility to house the headquarters of the Depart- fense Authorization Act, with a vote to occur there- ment of Transportation, 10 a.m., SD–406. on. Also, during the week, Senate may resume con- Committee on Finance: November 5, to hold hearings on sideration of S. 1156, D.C. Appropriations, 1998, proposed legislation to restructure the Internal Revenue S.J. Res. 37, Amtrak Strike Prohibition, consider the Service (IRS), and to examine the recommendations of the conference reports on S. 830, FDA Modernization IRS Restructuring Commission, 10 a.m., SD–215. and Accountability Act, S. 858, Intelligence Author- Committee on Foreign Relations: November 4, business ization, H.R. 2264, Labor/HHS, and further con- meeting, to mark up S. 759, to provide for an annual re- ference reports, when available, and any cleared leg- port to Congress concerning diplomatic immunity, S. islative and executive business. Con. Res. 48, expressing the sense of the Congress re- garding proliferation of missile technology from Russia to (Senate will recess on Tuesday, November 4, 1997 from Iran, and S.Con.Res. 58, expressing the concern of Con- 12:30 p.m. until 2:15 p.m. for respective party con- gress over Russia’s newly passed religion law, and to con- ferences.) sider pending nominations, 2:15 p.m., S–116, Capitol. Senate Committees November 5, Full Committee, to hold hearings to ex- amine how the American public views NATO enlarge- (Committee meetings are open unless otherwise indicated) ment, 10 a.m., SD–419. Committee on Banking, Housing, and Urban Affairs: No- November 6, Full Committee, to hold hearings to ex- vember 4, Subcommittee on Financial Services and Tech- amine commercial activities of China’s People’s Liberation nology, to hold hearings on mandating year 2000 disclo- Army (PLA), 10 a.m., SD–419. October 31, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1191

Committee on Governmental Affairs: November 3, Perma- Select Committee on Intelligence: November 6, to hold nent Subcommittee on Investigations, to resume oversight hearings to examine proliferation issues, 9:30 a.m., hearings on the Treasury Department’s Office of Inspector SD–106. General, 9:30 a.m., SD–342. November 6, Full Committee, to hold closed hearings November 3, Subcommittee on International Security, on intelligence matters, 2:30 p.m., SH–219. Proliferation and Federal Services, to hold hearings to re- House Chamber view the annual report of the Postmaster General, 2:30 p.m., SD–342. Monday, The House is not in session. November 6, Subcommittee on Oversight of Govern- Tuesday, Consideration of 19 Suspensions: ment Management, Restructuring and the District of Co- 1. H.R. 2644, United States-Caribbean Trade lumbia, to hold hearings to examine the social impact of Partnership Act; music violence, 12 Noon, SD–342. 2. H.R. 1967, to provide that the distribution be- Committee on the Judiciary: November 3, Subcommittee fore January 1, 1978, of a phonorecord shall not for on Administrative Oversight and the Courts, to hold any purpose constitute a publication of the musical hearings on oversight of the administrative procedures work; and examination of anti-slamming laws, 2 p.m., SD–226. 3. H.R. 2265, No Electronic Theft Act; November 4, Full Committee, to hold hearings to ex- 4. H.R. 1493, to require the Attorney General to amine competition, innovation, and public policy in the establish a program in local prisons to identify, prior digital age, 10 a.m., SD–G50. to arraignment, criminal aliens and aliens who are November 5, Subcommittee on Immigration, to hold unlawfully present in the United States; hearings on proposed legislation on the impact of section 5. H.J. Res. 91, Apalachicola-Chattahoochee-Flat 110 of the 1996 Immigration Act on land borders of the River Basin Compact; United States, 10 a.m., SD–562. 6. H.J. Res. 92, Alabama-Coosa-Tallapoosa river November 5, Subcommittee on Youth Violence, to basin Compact; hold hearings to examine Federal efforts to prevent juve- nile crime, 10 a.m., SD–226. 7. H.R. 1702, Commercial Space Act; and November 5, Full Committee, to hold hearings on the 8. H.R. 1839, National Salvage Motor Vehicle nomination of Seth Waxman, of the District of Columbia, Consumer protection Act of 1997; to be Solicitor General of the United States, Department 9. H.R. 1836, Federal Employees Health Care of Justice, 2 p.m., SD–226. Protection Act of 1997; November 5, Subcommittee on Technology, Terrorism, 10. H.R. 2675, Federal employees Life Insurance and Government Information, closed briefing on the ‘‘eli- Improvement Act; gible receiver’’ exercise, 2 p.m., SH–217. 11. Volunteers for Wildlife Act of 1997; November 5, Subcommittee on Technology, Terrorism, 12. Carson national Forest and the Santa Fe na- and Government Information, to hold hearings to exam- tional Forest Land Conveyance; ine the report of the President’s Commission on Critical 13. S. 587, Hinsdale County, Colorado Land Ex- Infrastructure Protection, 3 p.m., SD–226. change; November 6, Full Committee, business meeting, to 14. S. 588, providing for the expansion of the Ea- consider the nomination of Bill Lann Lee, of California, gles Nest Wilderness; to be Assistant Attorney General for the Civil Rights Di- 15. S. 589, providing for a Boundary Adjustment vision, Department of Justice, 10 a.m., SD–226. and Land Conveyance Involving the Raggeds Wil- November 6, Full Committee, to hold hearings on the derness; nominations of Robert S. Warshaw, of New York, to be 16. S. 591, Transferring the Dillon Ranger Dis- Associate Director, and Thomas J. Umberg, of California, trict in the Arapaho National Forest to the White to be Deputy Director for Supply Reduction, both of the River National Forest; Office of National Drug Control Policy, 2 p.m., SD–226. 17. H.R. 1604, Providing for the Division, Use, Committee on Rules and Administration: November 5, and Distribution of Judgment Funds of the Ottawa business meeting, to consider pending administrative and Chippewa Indians; matters, 9:30 a.m., SR–301. Committee on Indian Affairs: November 3, to hold hear- 18. H.R. 948, Burt Lake Band of Ottawa and ings on H.R. 1604, to provide for the division, use, and Chippewa Indians Act; and distribution of judgment funds of the Ottawa and Chip- 19. S. 931, Marjory Stoneman Douglas Wilderness pewa Indians of Michigan, 10 a.m., SR–485. and Ernest F. Coe Visitor Center Designation Act; November 4, Full Committee, business meeting, to and mark up H.R. 976, to provide for the disposition of cer- Consideration of H.R. 2746, HELP Scholarships tain funds appropriated to pay judgment in favor of the Act (closed rule, 2 hours of general debate); and Mississippi Sioux Indians, and to consider the nomination Consideration of H.R. 2616, Charter Schools of Kevin Gover, of New Mexico, to be Assistant Secretary Amendments Act (open rule, 1 hour of general de- of the Interior for Indian Affairs, 9:15 a.m., SR–485. bate). D1192 CONGRESSIONAL RECORD — DAILY DIGEST October 31, 1997

NOTE: No recorded votes are expected before 5:00 p.m. Committee on Commerce, November 4, Subcommittee on Wednesday, Thursday, and Friday, Consideration of Oversight and Investigations, hearing on the Federal-State H.R. 2676, IRS Restructuring Act (subject to a Relationship: A Look into EPA Regulatory Reinvention rule); Efforts, 1 p.m., 2322 Rayburn. November 5, Subcommittee on Energy and Power, Consideration of H.R. 2195, Laogai Slave Labor hearing on the upcoming global climate change agree- Products Act of 1997 (subject to a rule); ment negotiations in Kyoto, Japan, 10:30 a.m., 2123 Consideration of H.R. 967, Prohibition of U.S. Rayburn. Funds to Certain Chinese Officials (subject to a rule); November 5 and 7, Subcommittee on Oversight and Consideration of H.R. 2570, Forced Abortion Investigations, hearings on the Department of Energy’s Condemnation Act (subject to a rule); Funding of Molten Metal Technology, 10:30 a.m., 2322 Consideration of H.R. 2358, Political Freedom in Rayburn on November 5 and 9:30 a.m., 2123 Rayburn China Act of 1997 (subject to a rule); on November 7. Consideration of H.R. 2232, Radio Free Asia Act Committee on Government Reform and Oversight, November 4, Subcommittee on Human Resources, oversight hearing of 1997 (subject to a rule); on Privatization of Child Support Enforcement Services, Consideration of H.R. 2605, Communist China 2 p.m., 2247 Rayburn. Subsidy Reduction Act of 1997 (subject to a rule); November 4, Subcommittee on The Postal Service, Consideration of H.R. 2647, to ensure that com- hearing on Improving Labor Management Relations in mercial activities of the People’s Liberation Army of the Postal Service, 10 a.m., 2154 Rayburn. China or any Communist Chinese military company November 5, Subcommittee on Civil Service, hearing in the U.S. are monitored and are subject to the au- on ‘‘CSRS–FERS OPEN SEASON—What Are the Mer- thorities under the International Emergency Eco- its?’’ 10 a.m., 2154 Rayburn. nomics Powers Act; November 5, Subcommittee on Government Manage- Consideration of H. Res. 188, urging the execu- ment, Information, and Technology, oversight hearing on tive branch to take action regarding the acquisition the Federal Advisory Committee Act, 2 p.m., 2247 Ray- burn. by Iran of C–802 cruise missiles; November 6 and 7, full Committee, hearings on the Consideration of H.R. 2386, United States-Tai- ‘‘White House Compliance with Committee Subpoenas,’’ wan Anti-Ballistic Missile Defense Cooperation Act 10 a.m., 2154 Rayburn. (subject to a rule); and Committee on House Oversight, November 6 and 7, to Consideration of H.R. 2621, Reciprocal Trade continue hearings on Campaign Finance Reform, 10 a.m., Agreement Authorities Act of 1997 (subject to a 1310 Longworth. rule). Committee on International Relations, November 5, hear- ing on ‘‘Soldiers Without Borders: Crisis in Central Afri- House Committees ca’’, 10 a.m., 2172 Rayburn. Committee on Agriculture, November 4, Subcommittee on November 6, hearing on the current status of negotia- Forestry, Resource Conservation and Research, hearing on tions between the Tibetan Government in Exile and the the review on the implementation of the Environmental People’s Republic of China, 10 a.m., 2172 Rayburn. Quality Incentives Program, 9:30 a.m., 1300 Longworth. November 6, Subcommittee on Asia and the Pacific November 5, Subcommittee on Forestry, Resource and the Subcommittee on International Economic Policy Conservation, and Research, hearing on H.R. 2515, For- and Trade, joint hearing on the Fifth Summit of the Asia est Recovery and Protection Act of 1997, 9:30 a.m., Pacific Economic Cooperation Forum, 1:30 p.m., 2172 1300 Longworth. Rayburn. November 5, Subcommittee on Risk Management and Committee on the Judiciary, November 5, oversight hear- Specialty Crops, hearing to review the Federal Crop In- ing on The Antitrust Enforcement Agencies: The Anti- surance Program, 1 p.m., 1300 Longworth. trust Division of the Department of Justice and the Bu- November 6, Subcommittee on General Farm Com- reau of Competition of the Federal Trade Commission, 10 modities, hearing on review of agricultural transportation a.m., 2141 Rayburn. issue, with a focus on the current rail grain situation, 10 November 5, Subcommittee on Courts and Intellectual a.m., 1300 Longworth. Property, oversight hearing on the Internet Domain Committee on Appropriations, November 6, Subcommittee Name Trademark Protection, 10 a.m., 2226 Rayburn. on Treasury, Postal Service, hearing on GAO investiga- November 5, Subcommittee on Immigration and tion of White House, 10 a.m., 2359 Rayburn. Claims, hearing on the Health Professional Shortage Area Committee on Banking and Financial Services, November Nursing Relief Act of 1997, 10 a.m., 2237 Rayburn. 4, hearing on the Millennium Bug: Banking and the Year November 6, full Committee, to markup H.R. 1909, 2000 computer problem, 2 p.m., 2128 Rayburn. Civil Rights Act of 1997, 9:30 a.m., 2141 Rayburn. November 5, to markup H.R. 217, Homeless Housing November 7, Subcommittee on Crime, hearing on Programs Consolidation and Flexibility Act, 10 a.m., combating crimes against children facilitated by the 2128 Rayburn. internet, 9:30 a.m., 2237 Rayburn. October 31, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1193

November 7, Subcommittee on Immigration and programs, and activities and to provide that certain Chi- Claims, oversight hearing on the Final Report of the nese officials shall be ineligible to receive visas and be ex- Commission on Immigration Reform, 9:30 a.m., 2226 cluded from admission to the United States; H.R. 2195, Rayburn. Laogai Slave Labor Products Act of 1997; H.R. 2232, Committee on National Security, November 4, Sub- Radio Free Asia Act of 1997; H.R. 2358, Political Free- committee on Military Research and Development, hear- dom in China Act of 1997; H.R. 2386, U.S.-Taiwan ing on Federal response to domestic terrorism involving Anti-Ballistic Missile Defense Cooperation Act; H.R. weapons of mass destruction—status of Department of 2570, Forced Abortion Condemnation Act; H.R. 2605, Defense support program, 10 a.m., 2118 Rayburn. Communist China Subsidy Reduction Act of 1997; and November 5, Subcommittee on Military Research and H.R. 2647, to ensure that commercial activities of the Development, hearing on ballistic missile threat posed by People’s Liberation Army of China or any Communist Iran, 1 p.m., 2118 Rayburn. Chinese military company in the United States are mon- November 6, Subcommittee on Military Procurement, itored and are subject to the authorities under the Inter- hearing on Department of Defense equipment moderniza- national Emergency Economic Powers Act, 2 p.m., tion, 9:30 a.m., 2118 Rayburn. H–313 Capitol. Committee on Resources, November 4, Subcommittee on November 4, hearing on H. Res. 298, amending the Forests and Forest Health, to markup the following bills: Rules of the House of Representatives to repeal the rule H.R. 1659, Mount St. Helens National Volcanic Monu- allowing subpoenaed witnesses to choose not to be photo- ment Completion Act; H.R. 2416, provide for the trans- graphed at committee hearings, 6 p.m., H–313 Capitol. fer of certain rights and property to the United States Committee on Science, November 4, Subcommittee on Forest Service in exchange for a payment to the occupant Technology, hearing on The Global Dimensions of the of such property; and H.R. 2574, to consolidate certain Millennium Bug, 9:30 a.m., 2318 Rayburn. mineral interest in the National grasslands in Billings November 5, Subcommittee on Space and Aeronautics, County, ND, through the exchange of Federal and private hearing on International Space Station Status and Cost mineral interest to enhance land management capabilities Overruns, 1 p.m., 2318 Rayburn. and environmental and wildlife protection, 2 p.m., 1334 November 6, Subcommittee on Energy and Environ- Longworth. ment, to continue hearings on the Countdown to Kyoto November 5, full Committee, to consider pending Part III: The Administration’s Global Climate Change business, 11 a.m., 1324 Longworth. Proposal, 10 a.m., 2318 Rayburn. November 6, Subcommittee on Fisheries Conservation, November 6, Subcommittee on Technology, hearing on Wildlife and Oceans, oversight hearing on the review of the Role of Computer Security in Protecting the U.S. In- NOAA’s plan for The Management of Monitor National frastructure, 2 p.m., 2318 Rayburn. Maine Sanctuary, 10 a.m., 1334 Longworth. Committee on Transportation and Infrastructure, November, November 6, Subcommittee on National Parks and 6, Subcommittee on Surface Transportation, hearing on Public Lands, to continue hearings on H.R. 1995, Point the Reauthorization of the Hazardous Materials Transpor- Reyes National Seashore Farmland Protection Act of tation Program, 9:30 a.m., 2167 Rayburn. 1997, 10 a.m., 1324 Longworth. Committee on Ways and Means, November 4, Sub- Committee on Rules, November 4, to consider the follow- committee on Trade, oversight hearing on the Future of ing: H.R. 2676, Internal Revenue Service Restructuring United States-China Trade Relations and the possible Ac- and Reform Act of 1997; H. Res. 188, urging the execu- cession of China to the World Trade Organization, 10 tive branch to take action regarding the acquisition by a.m., 1100 Longworth. Iran of C–802 Cruise missiles; H.R. 967, to prohibit the Permanent Select Committee on Intelligence, November 5, use of United States funds to provide for the participation executive, hearing on Nonproliferation, 2:30 p.m., H–405 of certain Chinese officials in international conferences, Capitol. D1194 CONGRESSIONAL RECORD — DAILY DIGEST October 31, 1997

Next Meeting of the SENATE 6. H.J. Res. 92, Alabama-Coosa-Tallapoosa River Basin 12 Noon, Monday, November 3 Compact; 7. H.R. 1702, Commercial Space Act; and Senate Chamber 8. H.R. 1839, National Salvage Motor Vehicle Consumer Protection Act of 1997; Program for Monday: After the transaction of routine morn- 9. H.R. 1836, Federal Employees Health Care Protection ing business (not to extend beyond 2:45 p.m.), Senate will con- Act of 1997; sider the nomination of Charles Rossotti, of the District of Co- 10. H.R. 2675, Federal Employees Life Insurance Improve- lumbia, to be Commissioner of Internal Revenue, Department ment Act; of the Treasury, with a vote to occur thereon; following which, 11. Volunteers for Wildlife Act of 1997; Senate may consider the motion to proceed to S. 1269, Recip- 12. Carson national Forest and the Santa Fe national Forest rocal Trade Agreement Act. Land Conveyance; 13. S. 587, Hinsdale County, Colorado Land Exchange; 14. S. 588, providing for the expansion of the Eagles Nest Next Meeting of the HOUSE OF REPRESENTATIVES Wilderness; 10:30 a.m., Tuesday, November 4 15. S. 589, providing for a Boundary Adjustment and Land Conveyance Involving the Raggeds Wilderness; House Chamber 16. S. 591, Transferring the Dillon Ranger District in the Program for Tuesday: Consideration of 19 Suspensions: Arapaho National Forest to the White River National Forest; 1. H.R. 2644, United States-Caribbean Trade Partnership 17. H.R. 1604, Providing for the Division, Use, and Dis- Act; tribution of Judgment Funds of the Ottawa and Chippewa In- 2. H.R. 1967, to provide that the distribution before Janu- dians; ary 1, 1978, of a phonorecord shall not for any purpose con- 18. H.R. 948, Burt Lake Band of Ottawa and Chippewa In- stitute a publication of the musical work; dians Act; and 3. H.R. 2265, No Electronic Theft Act; 19. S. 931, Marjory Stoneman Douglas Wilderness and Er- 4. H.R. 1493, to require the Attorney General to establish nest F. Coe Visitor Center Designation Act; and a program in local prisons to identify, prior to arraignment, Consideration of H.R. 2746, HELP Scholarships Act (closed criminal aliens and aliens who are unlawfully present in the rule, 2 hours of general debate); and United States; Consideration of H.R. 2616, Charter Schools Amendments 5. H.J. Res. 91, Apalachicola-Chattahoochee-Flat River Basin Act (open rule, 1 hour of general debate). Compact; NOTE: No recorded votes are expected before 5:00 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Goodling, William F., Pa., E2153 Minge, David, Minn., E2164 Hamilton, Lee H., Ind., E2160 Moran, James P., Va., E2158 Ackerman, Gary L., N.Y., E2153, E2155 Hilliard, Earl F., Ala., E2160 Pallone, Frank, Jr., N.J., E2157 Carson, Julia, Ind., E2155 Houghton, Amo, N.Y., E2151 Pascrell, Bill, Jr., N.J., E2152, E2154 Rangel, Charles B., N.Y., E2158 Chenoweth, Helen, Idaho, E2164 Jackson, Jesse L., Jr., Ill., E2162 Roemer, Tim, Ind., E2159 Christian-Green, Donna M., The Virgin Islands, E2165 Kennedy, Joseph P., II, Mass., E2158 Schaffer, Bob, Colo., E2152, E2156 Clement, Bob, Tenn., E2155 Kildee, Dale E., Mich., E2157 Serrano, Jose´ E., N.Y., E2159 Cummings, Elijah E., Md., E2154 Kind, Ron, Wisc., E2162 Shuster, Bud, Pa., E2156 DeLauro, Rosa L., Conn., E2161 King, Peter T., N.Y., E2161 Skelton, Ike, Mo., E2163 Dickey, Jay, Ark., E2158 Lantos, Tom, Calif., E2157 Talent, James M., Mo., E2159 Eshoo, Anna G., Calif., E2163 Levin, Sander M., Mich., E2162 Weldon, Curt, Pa., E2153, E2155 Etheridge, Bob, N.C., E2164 McCarthy, Carolyn, N.Y., E2162 Woolsey, Lynn C., Calif., E2152 Forbes, Michael P., N.Y., E2151, E2154, E2156 Maloney, Carolyn B., N.Y., E2156, E2159 Furse, Elizabeth, Ore., E2163 Menendez, Robert, N.J., E2152, E2154

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