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

Vol. 144 WASHINGTON, THURSDAY, APRIL 23, 1998 No. 46 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE keep the environment safe from the called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the dangers of transporting high-level nu- pore (Mr. EWING). gentleman from Nebraska (Mr. BEREU- clear waste through their commu- nities. f TER) come forward and lead the House in the Pledge of Allegiance. What better way to celebrate every DESIGNATION OF THE SPEAKER Mr. BEREUTER led the Pledge of Al- day as Earth Day than to stop the PRO TEMPORE legiance as follows: needless transportation through our I pledge allegiance to the Flag of the communities of the deadliest material The SPEAKER pro tempore laid be- United States of America, and to the Repub- on earth. fore the House the following commu- lic for which it stands, one nation under God, I urge my colleagues to use science, nication from the Speaker: indivisible, with liberty and justice for all. not the politics of emotion, in support- WASHINGTON, DC, f ing Earth Day. April 23, 1998. ANNOUNCEMENT BY THE SPEAKER I hereby designate the Honorable THOMAS f W. EWING to act as Speaker pro tempore on PRO TEMPORE this day. The SPEAKER pro tempore. The NEWT GINGRICH, COMMANDOS FINALLY RECEIVING Chair will entertain ten 1-minute Speaker of the House of Representatives. JUSTICE speeches on each side. f f (Ms. SANCHEZ asked and was given permission to address the House for 1 PRAYER IN NEVADA EVERY DAY IS EARTH minute and to revise and extend her re- DAY The Chaplain, Reverend James David marks.) Ford, D.D., offered the following (Mr. GIBBONS asked and was given Ms. SANCHEZ. Mr. Speaker, for the prayer: permission to address the House for 1 past year, I have been working to en- Of all Your wonderful gifts to us, and minute and to revise and extend his re- sure that the United States Govern- of all Your blessings so freely given, we marks.) ment honor a 30-year-old debt to offer our thanks and praise to You, O Mr. GIBBONS. Mr. Speaker, today I former South Vietnamese Army com- God, for the gifts of wisdom and dis- rise to remind my colleagues and our mandos, who worked for the U.S. Gov- cernment. We recognize that knowing guests that yesterday was Earth Day. ernment during the Vietnam War. And only the details and facts of our cir- Interestingly enough, as I look back, these individuals were recruited by the cumstances is not enough, not enough last week Chicago residents protested United States to cross enemy lines and to make good judgments, or to under- and stopped a shipment of napalm from fight the Communists on behalf of the stand decisions. Teach us again, Gra- coming through their area. I am so Americans. cious God, those values and ideals that pleased to know that the Federal Gov- Last year, Congress unanimously ap- have strengthened our Nation in days ernment is so committed to preserving proved legislation to finally pay the 30- past, and which values and ideals will and maintaining the environment that year-old debt, and I am very happy to illumine our minds and help us to see they have dedicated a whole 24 hours in announce that the long wait for rec- more clearly the meaning and purpose its honor. ognition and compensation may be fi- of life. For wisdom in our decisions and Well, Mr. Speaker, in Nevada every nally over for the commandos. for discernment in our judgments, we day is Earth Day, and the hard-work- To date, the Commando Compensa- pray this day. Amen. ing men and women of Nevada are so tion Board has processed 266 claims. dedicated to maintaining the environ- One hundred forty-two commando f ment that they fight each and every cases have been approved, and these in- day to stop 70,000 tons of high-level nu- dividuals are finally receiving their THE JOURNAL clear waste from being shoved down compensation. The SPEAKER pro tempore. The their throats. I am pleased that the U.S. Govern- Chair has examined the Journal of the I was encouraged by the overwhelm- ment is finally honoring their con- last day’s proceedings and announces ing demonstration of support for Earth tracts for their years of service and for to the House his approval thereof. Day from my colleagues on both sides their bravery in service to the United Pursuant to clause 1, rule I, the Jour- of the aisle. Consequently, I greatly an- States. The least we must do is keep nal stands approved. ticipate their support in our effort to our word.

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.

H2239 H2240 CONGRESSIONAL RECORD — HOUSE April 23, 1998

I look forward to the day that all of by Speaker GINGRICH and the Repub- of President Clinton’s private attor- these cases are closed and every single lican leadership. neys have hired or authorized any pri- commando receives his justice. f vate investigator to look into the f background of prosecutors or reporters. TIME TO REIGN IN THE IRS Now, let us listen to that quote JAPAN’S ROLE IN THE ASIAN again, and let us think about whether FINANCIAL CRISIS (Mr. PITTS asked and was given per- mission to address the House for 1 we should keep on doing our business (Mr. BEREUTER asked and was minute and to revise and extend his re- and ignore the White House deception given permission to address the House marks.) and deceit, because, hey, the stock for 1 minute and to revise and extend Mr. PITTS. Mr. Speaker, although market is doing just great. The President’s press secretary de- his remarks.) the Liberals just hate to bash the IRS, nied any of President Clinton’s private Mr. BEREUTER. Mr. Speaker, the ordinary Americans who pay taxes attorneys have hired or authorized any world is closely watching Japan to de- have no other choice. private investigators to look into the termine if that country’s leaders can Consider this: In Fortune Magazine backgrounds of prosecutors or report- steer the world’s second largest econ- recently it says that there were 119 ers. But it turns out that the private omy clear of recession. The implica- million returns filed in the tax year investigator himself, Terry Lenzner, tions of their action or inaction is 1996. Those returns triggered 28 million admitted that he had, indeed, been enormous for Japan itself, for the re- error notices. It turns out that one in hired by the White House to look into gional and global economy, and for the 11 of those error notices was itself in United States. Today at 1:30, in 2172 the private lives of journalists, Federal error. So the IRS is routinely wrong investigators and anyone else the Rayburn, the Subcommittee on Asia about your being wrong. and the Pacific, and the Subcommittee White House wants to smear. Now, I did not learn arithmetic using Finally, someone in the employ of on International Economic Policy and ‘‘whole math’’ like our lucky kids Trade hear testimony on this subject, the White House has the integrity to today, but I come up with about 2.5 tell the truth. I guess the 900 FBI files and on the legislation offered by this million IRS errors, 2.5 million times Member, the gentleman from Califor- illegally obtained were not enough dirt when the IRS is accusing you of being for them to dig up. nia, Representative BERMAN and oth- a tax cheat, when, in fact, you are just ers, from four experts on Japan’s role Mr. Speaker, we have a President hir- one more falsely accused taxpayer by ing private investigators and then hav- in the Asian financial crisis. the IRS. This Member urges interested Mem- ing his spokesman misrepresent the The IRS is a place that does not oper- truth about it. I think when the Amer- bers to send their staff and to read the ate under the same rules as society ican people understand this, both Re- summary in the CONGRESSIONAL does. The IRS can accuse, make de- publicans and Democrats alike will be RECORD on this important and timely mands, confiscate, shut down, and outraged. hearing so that we can all learn more make you prove that the IRS is wrong. f about Japan’s enormous role in our And when the IRS is wrong, well, tough own future, and to review the sugges- luck. ENSURE CAMPAIGN FINANCE tions of what Japan must do to ensure Mr. Speaker, it is time to rein in the REFORM OCCURS that the future is bright for all of us. IRS. (Mr. DOGGETT asked and was given f f permission to address the House for 1 REAL CAMPAIGN FINANCE minute and to revise and extend his re- REFORM COMMON SENSE LACKING IN marks.) POLITICIANS IN WASHINGTON, D.C. Mr. DOGGETT. Mr. Speaker, I be- (Mr. PALLONE asked and was given (Mr. TRAFICANT asked and was lieve that the millions of Americans permission to address the House for 1 who want some real change in the way minute and to revise and extend his re- given permission to address the House for 1 minute and to revise and extend our campaign finance system works marks.) and want to reduce the corrupting in- Mr. PALLONE. Mr. Speaker, I want his remarks.) Mr. TRAFICANT. Mr. Speaker, in fluence of money on our political sys- to congratulate my Democratic col- tem can be encouraged by the sudden leagues and the Democratic leadership America, Communists can work in our reversal yesterday of Speaker GINGRICH for a successful effort to push Speaker defense plants, illegal immigrants who jump the fence can get citizenship, and his announcement that we would, GINGRICH and the Republicans, and within the next 3 weeks, act on this force them to bring up real campaign there are law libraries for mass mur- derers; some want free condoms for floor in a fair, bipartisan way to ad- finance reform. dress the problems that are so critical Speaker GINGRICH tried to get around school children, and some now want free needles for drug addicts. Think in this system. his promise to bring up campaign fi- However, I think all of us have to nance reform by posting a phony bill about it. Free condoms, free needles, but in America, no school prayer. Is it wonder whether this represents only with a sham procedure just before the another New Hampshire handshake. April Congressional recess. Democrats any wonder the streets of America are full of narcotics and blood? Americans will remember that it was responded by signing a discharge peti- back in 1995 in New Hampshire that tion, and forcing the Republican lead- The founders believed that a Nation without prayer would be a Nation with- Speaker GINGRICH promised President ership’s hand. Clinton there would be action then on Our Democratic leader, the gen- out God. I agree. The Congress should pass school prayer. campaign finance reform. tleman from Missouri (Mr. GEPHARDT), We have had one broken promise, one I yield back the balance of any com- was right when he said yesterday this bit of double talk, doublecrossing after mon sense left in any of the politicians was not a conversion, but a retreat by another on this issue since then. So we in Washington, D.C. Speaker GINGRICH. He now promises to must remain vigilant and involved to bring up campaign finance reform f ensure that real reform occurs here, again in May. OUTRAGE OVER WHITE HOUSE and not more talk and doubletalk. Mr. Speaker, Democrats have to be f vigilant and hold Speaker GINGRICH to HIRING OF PRIVATE INVESTIGA- his promise. Campaign finance reform TORS EL PASO QUADRICENTENNIAL needs to be brought up with an open (Mr. TIAHRT asked and was given FESTIVAL rule so that Members have an oppor- permission to address the House for 1 (Mr. REYES asked and was given per- tunity to vote on proposals that will minute and to revise and extend his re- mission to address the House for 1 limit the amount of money in political marks.) minute and to revise and extend his re- campaigns, and not allow more money Mr. TIAHRT. Mr. Speaker, on Feb- marks.) from wealthy special interests, and ruary 22, 1998, White House Press Sec- Mr. REYES. Mr. Speaker, beginning that is, of course, the position favored retary Mike McCurry denied that any tomorrow, April 24 through April 26, April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2241 the city of El Paso, Texas, will host the program, or is he going to talk about COMMEMORATING FROSTBURG El Paso Quadricentennial Festival. something else today? STATE UNIVERSITY’S CENTEN- This festival is an international cele- f NIAL ANNIVERSARY bration, bringing together representa- (Mr. BARTLETT of Maryland asked tives from Spain, Mexico and other na- THE PEOPLE STILL WANT COM- and was given permission to address tions around the world to join in cele- PREHENSIVE CAMPAIGN FI- the House for 1 minute and to revise brating the 400th anniversary of the ex- NANCE REFORM and extend his remarks.) pedition of the Spanish explorer, Don (Mr. FARR of California asked and Mr. BARTLETT of Maryland. Mr. Juan de Onate, through the Southwest. was given permission to address the Speaker, I rise to commend an extraor- His exploration began in January of House for 1 minute and to revise and dinary community and its school. 1598, when he and 400 other men and extend his remarks.) Frostburg State University in women traveled from Mexico through Mr. FARR of California. Mr. Speaker, Frostburg, Maryland, celebrates its the present day El Paso, Texas. After law enforcement in my district sup- 100th anniversary this Sunday. numerous hardships during their jour- ports needle exchange. Frostburg State University began as ney, the expedition arrived along the Mr. Speaker, I rise today to point out a community dream. Actually, it was banks of the Rio Grande River in April that the majority party controls this the community coal miners’ dream. It of 1598. House. This is the people’s House. This was a dream that all parents dream for In gratitude for surviving their dif- is where people’s voices can be heard, their children: a better life than theirs. ficult travel and finding water along because everybody here has to be elect- They knew the key to this dream was the Rio Grande, they observed a feast ed. We cannot run away from that re- education. and celebrated with local Indians. This sponsibility. These concerned parents made a deal historical event is considered the first When the Democrats controlled this with the State legislature. The deal? If Thanksgiving, which occurred 22 years House, we passed out several times, the coal miners could raise the money before the pilgrims landed at Plym- three times, in fact, campaign finance to buy the land for a State normal outh, Massachusetts. reform, comprehensive campaign fi- school, the General Assembly would Mr. Speaker, it is important for our nance reform. The last of those bills to appropriate funds for the buildings. Nation to recognize this 400th anniver- reach the President’s desk was vetoed These parents literally went door-to- sary. I am proud that El Paso is by President Bush. The people still door collecting money from their hosting this International Commemo- want comprehensive campaign finance neighbors to keep their end of the deal. ration, as it enhances our country’s un- reform. Their pressure now gives this In April of 1898, the General Assembly derstanding of the extensive influence House a second chance, after the lead- of Maryland appropriated the funds for of the Spanish language and culture on ership orchestrated a defeat by a two- Maryland Normal School No. 2, which our heritage and origins of this Nation. thirds vote and by scheduling it on a was built and opened its doors to 57 f day when one of the Members, a former students. b 1015 Member, had a funeral. Today, Frostburg State University So, Mr. Speaker, I ask Members to enrolls more than 5,000 undergraduate CONGRESS NEEDS TO STAND FIRM keep watching. Will we get a com- and graduate students and helps tens of AGAINST THE WHITE HOUSE ON prehensive campaign reform or will we thousands of dreams come true. Con- FREE NEEDLE PROGRAM see another orchestrated defeat? gratulations, Frostburg State Univer- (Mr. BOB SCHAFFER of Colorado f sity. asked and was given permission to ad- f dress the House for 1 minute and to re- PAY-GO MUST GO vise and extend his remarks.) (Mr. SAM JOHNSON of Texas asked WE CAN TRUST AMERICANS TO Mr. BOB SCHAFFER of Colorado. and was given permission to address DECIDE ON CAMPAIGN FINANCE Mr. Speaker, many people remember the House for 1 minute and to revise REFORM the President’s Surgeon General claim- and extend his remarks.) (Mr. WELDON of Florida asked and ing that the answer to youth violence Mr. SAM JOHNSON of Texas. Mr. was given permission to address the was safer guns and safer bullets; that Speaker, I want to talk about another House for 1 minute and to revise and the answer to sexual promiscuity ridiculous Washington budget rule extend his remarks.) among America’s youth is condoms in called pay-go. This rule promotes big Mr. WELDON of Florida. Mr. Speak- schools. Now we have the answer to the government spending while Americans er, I would like to respond to the dis- escalating drug problem in America pay taxes, higher taxes, as a matter of ingenuous statements made by liberal coming out of the White House, free fact. Under pay-go, if we eliminated colleagues on the other side of the needles to heroin addicts. Imagine every welfare big government program, aisle. The other side talks as if one side that, Mr. Speaker, government-sub- we could not give any of those savings of the aisle is on the side of the angels sidized free needles to heroin addicts. back to the American people in the and supports campaign finance reform I submit the following: Any Presi- form of tax relief because of our own and the other side is against campaign dent who supports and would promote rules. It means we have to raise taxes finance reform. How ironic that the the subsidization of free needles to her- to lower taxes. We have to change our side that made a mockery of campaign oin addicts is just as guilty as any drug rules. finance reform laws in the 1996 elec- pusher or any drug user who causes Yesterday the gentleman from Ari- tions now feels qualified to adopt a death and destruction among Ameri- zona (Mr. J.D. HAYWORTH) and I intro- holier-than-thou attitude on this issue. ca’s communities today. duced a bill just to do that. We must be The truth is that the reforms that This level of social decay is unac- able to cut big government spending, they are seeking are not even constitu- ceptable. This Congress needs to stand get Washington out of Americans’ tional, which I guess is not surprising, firm against the White House. The lives, and give the money back to the given that post-sixties liberals are no partnership for a Drug-Free America American people. After all, it is your longer champions of free speech. The has met its match. The White House dollars. liberals want to limit political speech. and the heroin industry formed the It is wrong that we cannot, for exam- We do not. I think the American people partnership for free drugs in America. ple, cut a $3 million TV documentary are well qualified to decide this issue, Common sense needs to rule the day. on infrastructure awareness and use once they know the facts. We need to stand firm. that same money to eliminate the mar- f In a minute another member of the riage penalty tax. Do Members not President’s party is going to step to think families are more important PARENTAL INVOLVEMENT LEADS the microphone, and I want to ask di- than welfare government programs? TO A BETTER AMERICA rectly, is he going to stand with Ameri- Pay-go is a stumbling block to good (Mr. NEUMANN asked and was given cans against this free needle exchange government. It must go. permission to address the House for 1 H2242 CONGRESSIONAL RECORD — HOUSE April 23, 1998 minute and to revise and extend his re- Member offering an amendment has caused cost of living adjustments for Federal marks.) it to be printed in the portion of the Con- judges are implemented. The effect of Mr. NEUMANN. Mr. Speaker, it is a gressional Record designated for that pur- that section would have been to create pose in clause 6 of rule XXIII. Amendments a new mandatory spending category in very special day here in Washington, so printed shall be considered as read. The D.C. I rise to extend a special welcome chairman of the Committee of the Whole the budget, something that we tried to a group of students that are out may: (1) postpone until a time during further not to do outside the normal congres- here, about 100 students from the Ju- consideration in the Committee of the Whole sional budget process. neau School. It is a school where par- a request for a recorded vote on any amend- Apart from the substance of that ents are actively involved. There are ment; and (2) reduce to five minutes the min- issue relating to pay for judges, the students here from Juneau, Hustisford, imum time for electronic voting on any post- Committee on Rules has attempted in and Dodgeland, and we would like to poned question that follows another elec- this rule to preserve the integrity of tronic vote without intervening business, express a special welcome to them this the budget process. provided that the minimum time for elec- Mr. Speaker, the rule further pro- morning. tronic voting on the first in any series of I think it provides an opportunity to questions shall be 15 minutes. At the conclu- vides that each section of the amend- talk about the fact that where parents sion of consideration of the bill for amend- ment in the nature of a substitute shall are involved in the school and where ment the Committee shall rise and report be considered as read, and it waives parents are actively involved in their the bill to the House with such amendments points of order against that amend- kids’ lives, America benefits. as may have been adopted. Any Member may ment for failure to comply with clause demand a separate vote in the House on any 7 of rule XVI prohibiting nongermane When we look at a school with stu- amendment adopted in the Committee of the dents like what we have here this amendments, or section 303(a) of the Whole to the bill or to the amendment in the Congressional Budget Act, for the rea- morning, where the parents are ac- nature of a substitute made in order as origi- tively involved in the lives of these nal text. The previous question shall be con- sons I just explained. The rule accords priority in recogni- kids, we find that there is a dramatic sidered as ordered on the bill and amend- tion to Members who have caused their drop in the probability of these stu- ments thereto to final passage without inter- amendments to be preprinted in the dents being involved in crime. We find vening motion except one motion to recom- mit with or without instructions. CONGRESSIONAL RECORD, assuming a drop in the drug use rate. We find a those amendments are in accordance drop in teen pregnancies in their fu- The SPEAKER pro tempore (Mr. EWING). The gentleman from Florida with the standing rules of the House. ture. We find less teen smoking. All the It further provides that the chairman problems do not go away, but we sure (Mr. GOSS) is recognized for 1 hour. Mr. GOSS. Mr. Speaker, for purposes of the Committee of the Whole may recognize and understand that when of debate only, I yield the customary 30 postpone votes during consideration of the parents are actively involved in minutes to my friend, the distin- the bill and reduce the voting time to their kids’ lives, like what happens at guished gentleman from Ohio (Mr. 5 minutes on a postponed question if the school that is out here today, that HALL), pending which I yield myself the vote follows a 15-minute vote; and, certainly leads to a better America for such time as I may consume. During finally, as is the custom, the rule pro- all citizens. consideration of this resolution, all vides for one motion to recommit, with f time yielded is for purpose of debate on or without instructions. That explains this subject only. the rule. JUDICIAL REFORM ACT OF 1998 Mr. Speaker, House Resolution 408 is Now, Mr. Speaker, with the exception Mr. GOSS. Mr. Speaker, by direction an open rule providing for the consider- of the technical Budget Act fix, this is of the Committee on Rules, I call up ation of H.R. 1252, the Judicial Reform a very straightforward rule. It is fair, House Resolution 408 and ask for its Act of 1998. The rule provides the cus- and it is wide open. It allows all Mem- immediate consideration. tomary 1 hour of general debate, equal- bers the chance to offer germane The Clerk read the resolution, as fol- ly divided between the chairman and amendments and conduct thoughtful lows: ranking minority member of the Com- discussion about a very important sub- H. RES. 408 mittee on the Judiciary. ject. Resolved, That at any time after the adop- The rule waives points of order I strongly support the premise behind tion of this resolution the Speaker may, pur- against the consideration of the bill for this bill, that it is time to control judi- suant to clause 1(b) of rule XXIII, declare the failure to comply with section 303(a) of cial activism, the so-called runaway House resolved into the Committee of the the Congressional Budget Act, which judges on the Federal bench. This Whole House on the state of the Union for prohibits consideration of legislation statement alone is usually enough to consideration of the bill (H.R. 1252) to modify providing new budget authority, generate controversy in many circles, the procedures of the Federal courts in cer- changes in revenues, or changes in the and this debate is by no means a simple tain matters, and for other purposes. The public debt for a fiscal year until the one, as it involves many of the most first reading of the bill shall be dispensed with. Points of order against consideration budget resolution for that year has basic tenets of our democratic system of the bill for failure to comply with section been agreed to. and the separation of powers. The purpose of that section of the 303(a) of the Congressional Budget Act of 1974 b 1030 are waived. General debate shall be confined Budget Act is a sound one that we gen- to the bill and shall not exceed one hour erally try to adhere to, keeping the I think we could all come up with an- equally divided and controlled by the chair- budget process moving forward in a ecdotal evidence that there have been man and ranking minority member of the commonsense direction, with the budg- problems within the Federal judiciary Committee on the Judiciary. After general et resolution coming first and then al- with judges exceeding their charter and debate the bill shall be considered for lowing for subsequent consideration of authority. The Committee on the Judi- amendment under the five-minute rule. It the legislation that implements the ciary has, in my view, put forth a re- shall be in order to consider as an original sponsible product that deals with these bill for the purpose of amendment under the provisions of the budget resolution. five-minute rule the amendment in the na- In this case, however, we are tech- problems by focusing on specific prac- ture of a substitute recommended by the nically required to provide this waiver, tices within the Federal courts that to- Committee on the Judiciary now printed in but our Committee on Rules has also gether constitute a real threat to the the bill, modified by striking section 9 (and provided a fix for the Budget Act prob- rights of citizens and the prerogatives redesignating succeeding sections accord- lem. We have done that by making in of this Congress. ingly). Each section of that amendment in order under this rule the amendment in In my view, this legislation con- the nature of a substitute shall be considered the nature of a substitute rec- stitutes a measured and carefully justi- as read. Points of order against that amend- ommended by the Committee on the fied response to legitimate problems. It ment in the nature of a substitute for failure Judiciary, modified by striking section is not simply throwing down the gaunt- to comply with clause 7 of rule XVI or sec- tion 303(a) of the Congressional Budget Act 9 of that amendment which caused the let. It is coming up with responsible so- of 1974 are waived. During consideration of 303(a) problem and redesignating suc- lutions, which we will have ample op- the bill for amendment, the Chairman of the ceeding sections accordingly. portunity to debate under an open rule. Committee of the Whole may accord priority Section 9 of the amendment specifi- I applaud the gentleman from Illinois in recognition on the basis of whether the cally deals with the process by which (Mr. HYDE), and the subcommittee April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2243 chairman, the gentleman from North Mr. GOSS. Mr. Speaker, I would be This amendment would permit a federal court Carolina (Mr. COBLE) for their work on very happy to afford the gentleman an to enter an order restricting the disclosure of this bill. Still, I know that many Mem- extra minute or so if he is aware that information obtained through discovery or an bers have concerns about specific pro- those Members are coming. order restricting access to court records in a visions of the legislation. Those Mem- Mr. HALL of Ohio. I am not aware. I civil case only after making a finding of fact bers will have their opportunity to air was just asked, before we started, they that such order would not restrict the disclo- their concerns and propose alterations asked to speak on it. They have not ar- sure of information which is relevant to the during the open debate and amendment rived. protection of public health and safety. I am process established by this rule. Mr. FRANK of Massachusetts. Mr. glad that this rule includes my amendment but I urge support for the rule and the Speaker, will the gentleman yield? it should have included amendments that im- underlying bill. I look forward to a Mr. GOSS. I yield to the gentleman prove and increase Federal judicial compensa- lively and informative debate. from Massachusetts. tion. Mr. Speaker, I reserve the balance of Mr. FRANK of Massachusetts. Mr. Mr. Speaker, I yield back the balance my time. Speaker, I will be managing the bill on of my time, and I move the previous Mr. HALL of Ohio. Mr. Speaker, I our side. I think Members will have question on the resolution. yield myself such time as I may con- general debate. There will be an hour The previous question was ordered. sume. I want to thank my colleague for of general debate that is not going to The resolution was agreed to. yielding me the time. be overfilled with requests for time. I A motion to reconsider was laid on This is an open rule. It will allow for think they can be accommodated. the table. full and fair debate on H.R. 1252, which Mr. GOSS. Reclaiming my time, if it The SPEAKER pro tempore (Mr. is the bill that modifies certain proce- is my time, I understand, and we have KNOLLENBERG). Pursuant to House Res- dures of the Federal courts. no speakers, and we are going to yield olution 408 and rule XXIII, the Chair As my colleague from Florida de- back in about a minute, and call for declares the House in the Committee of scribed, this rule provides for 1 hour of the question. We are not intending to the Whole House on the State of the general debate equally divided and con- call for a recorded vote. We believe trolled by the chairman and the rank- Union for the consideration of the bill, that it is an open rule, and there is no H.R. 1252. ing minority member of the Committee need to do that. on the Judiciary. The rule allows The Chair designates the gentleman We also agree with the distinguished from California (Mr. RIGGS) as Chair- amendments under the 5-minute rule, gentleman from the Commonwealth of which is the normal amending process man of the Committee of the Whole, Massachusetts that there is ample de- and requests the gentleman from Illi- in the House. All Members on both bate opportunity today because of this sides of the aisle will have the oppor- nois (Mr. EWING) to assume the chair very fair open rule that we have craft- temporarily. tunity to offer amendments. ed. We are certainly looking forward to Judicial decisions that force govern- b 1042 that debate, and would not want to put ment action by their nature are un- any impediment to it. Unfortunately, IN THE COMMITTEE OF THE WHOLE popular. If those actions were popular, we are not quite logistically prepared Accordingly the House resolved itself then the legislature and the adminis- to begin the debate. into the Committee of the Whole House trations would have already taken Mr. FRANK of Massachusetts. Mr. on the State of the Union for the con- them. Some of those unpopular deci- Speaker, if the gentleman will con- sideration of the bill (H.R. 1252) to sions have resulted in the protection of tinue to yield, I thank the gentleman. modify the procedures of the Federal our health, safety and civil rights. In I thought I would help him because he courts in certain matters, and for other recent years, some judges have as- seems to be in no great hurry. We are purposes, with Mr. EWING (Chairman sumed broad powers traditionally re- not waiting for the Speaker to come pro tempore) in the Chair. served for the legislative and the exec- back from Florida again, are we, like The Clerk read the title of the bill. utive branches of State and local gov- yesterday? The CHAIRMAN pro tempore. Pursu- ernment. There is merit in some of the Mr. GOSS. Reclaiming my time, Mr. ant to the rule, the bill is considered as criticism of these actions when the re- Speaker, I am delighted that the gen- having been read the first time. sult is an antigovernment backlash tleman brought the Speaker’s trip to Under the rule, the gentleman from that weakens support for government. Florida up. It shows the outreach that North Carolina (Mr. COBLE) and the But if this is a real problem, then the we have in this House to go to the im- gentleman from Massachusetts (Mr. answer is really not this bill. I think portant States in our Nation, Florida FRANK), each will control 30 minutes. the bill threatens to undermine the being the fourth most populace State, The Chair recognizes the gentleman independence of the Federal judiciary and a place where we will all go sooner from North Carolina (Mr. COBLE). and reduce efficiency. The Attorney or later, which we are very proud to Mr. COBLE. Mr. Chairman, I yield General will recommend to the Presi- represent, those of us who are there myself such time as I may consume. dent that he veto the bill if it is passed now. I believe the Speaker has returned H.R. 1252, the Judicial Reform Act of in its current form. Mr. Speaker, even from Florida, and has done brilliant 1998, is a restrained but purposeful ef- though the bill is flawed, there is noth- things there. fort to combat specific areas of abuse ing wrong with this rule. It is open. It Ms. JACKSON-LEE of Texas. Mr. Speaker, that exist within the Federal judiciary. should be supported. I support it. Mr. Speaker, I reserve the balance of I come before you today to speak to you The gentleman from Illinois (Mr. my time. about an important rule on an important piece HYDE), as he spoke to the Committee Mr. GOSS. Mr. Speaker, I yield my- of legislation. I am pleased that this rule is an on Rules yesterday, said this bill per- self such time as I may consume. open rule and that both Democrats and Re- haps goes too far for some Members, May I inquire of my colleague publicans are able to come together on the not far enough for others. But that is through the Chair if he has any speak- floor of the House and offer reasonable com- not unlike much legislation that we ers? We have none, and we would just mon sense amendments that improve this bill. consider in this hall. as soon get on with the debate, and However, I am disturbed that the judicial pay Before describing what the bill does, yield the balance of the time, if that raise amendments were not made a part of however, let me emphasize what it does fits with the pattern from the other this rule. The Federal Judges do alot more not do; namely, it will not compromise side. than just come to work. They interpret the law the independence of the Federal judici- Mr. HALL of Ohio. Mr. Speaker, will and preserve justice. Increasing Federal judi- ary, which is an indispensable at- the gentleman yield? cial compensation is important because the tribute for that branch of the Federal Mr. GOSS. I yield to the gentleman Federal Judiciary is composed of men and Government, nor is H.R. 1252 an at- from Ohio. women who give up alot of money to work in tempt to influence or overturn legal Mr. HALL of Ohio. Mr. Speaker, I the public sector. We all know that they give disputes. Above all, we most certainly had expected two speakers, but they up alot for this special type of public service are not creating a novel, more lenient have not shown up. Therefore, I will and they should be justly compensated for it. standard of impeachment to remove yield back the balance of my time. I have an amendment that was made in order. particular judges from the Federal H2244 CONGRESSIONAL RECORD — HOUSE April 23, 1998 bench without cause or to intimidate colleague Dan Lungren, who presently very proud of that. The intellectual them with a threat of doing so. That serves as Attorney General for Califor- property jurisdiction we have is an im- said, the Judiciary Reform Act of 1998 nia, to create a procedural right for a portant one, and we have had some ju- is largely an amalgam of ideas devel- litigant to request one time only that dicial reform bills. oped by various Members of Congress a different judge be assigned to his or This bill does not, however, conform that will curtail certain abusive prac- her case. Some judges are so possessed to that pattern. This is an exception in tices within our Federal court system. of an injudicious temperament or are that it is one on which I think we have Specifically, the bill consists of six otherwise biased as to warrant this re- some fairly sharp division, and the rea- procedural changes in furtherance of vision. son we have the division I think frank- this end. In addition, the four other re- Sixth, it is has come to our attention ly stems from some frustration on the forms that will improve other matters that some Federal judges are unalter- part of some of those on the other side. related to article 3, Federal courts. The ably opposed to enforcing the death There are people particularly in the six core revisions set forth in the bill penalty, even to the point of dragging very conservative wing of the Repub- concern the following matters: their feet on expeditious consideration lican party, which I must say has out- First, a featured component of the of habeas corpus petitions to forestall grown wing status. It is now at least a bill was initially developed by our col- execution. Based on comments made by wing and a tail and maybe another league and good friend, the late Sonny the gentleman from Massachusetts wing and a couple of beaks. They do Bono. It would require three judge pan- (Mr. DELAHUNT), this section of the bill not like some of the things that the els to hear constitutional challenges of would prevent the chief justice of a cir- courts do. I believe that their problem, State laws enacted pursuant to voter cuit from reserving all such petitions however, is not so much with the referenda. Under current law, a single for one judge on an exclusive basis. courts as with the Constitution. And judge possesses the power to invalidate Mr. Chairman, there are three other there is not a great deal we can do the results of a State-wide referendum. items contained in the Judicial Reform about the Constitution. We try. Second, H.R. 1252 would permit inter- Act that do not otherwise speak to We recently have sought on the floor, locutory or interim appeal of class-ac- abusive judicial practices but will at least some have sought on the floor, tion certifications championed by the nonetheless improve the functioning of to amend the Constitution with great gentleman from Florida (Mr. CANADY). our Federal courts. They are: regularity and with equal lack of suc- This provision would enable litigants One, the permitted practice of tele- cess. The Congress has voted down half to a class-action suit to appeal a deci- vising proceedings in our Federal ap- a dozen or more efforts to change the sion certifying a national class prior to pellate courts and, for a 3-year period, Constitution. Not being able to change the conclusion of a trial. in our district or trial courts, sug- the Constitution, the people in the con- Currently, defendants may expend a gested to at the discretion of the pre- servative wing of the Republican party great deal of financial resources siding judge; have decided to demonize it instead through trial only to find upon appeal Second, the expedited consolidation and to denounce the judges. But there that a class was improperly certified at of cases pertaining to complex, multi- is a great disconnect between the vio- the outset of litigation. Third, the district disaster litigation; lence of the rhetoric and the actuality measure infuses greater objectivity in And, third, the allowance of an addi- of the legislation. the current process by which citizens tional 30 days, or a total of 60 days, for I am going to vote against this bill. I may register complaints against Fed- the Office of Personnel Management to am glad that the President plans to eral judges for misconduct. appeal adverse personnel decisions con- veto it if we pass it as-is, although we Present law on the subject is pre- sistent with appellate procedure for could make it passable under some as- mised on a peer review system by other Federal agencies. pects of the bill which I think are very judges from the same circuit. Pursuant Again, Mr. Chairman, these provi- useful. But even if it were to pass, it to the change set forth in this bill be- sions are straightforward and re- would have virtually no effect on the fore us, complaints which do not speak strained in their application and will kinds of things that people complain to the merits of a decision, or are not assist in promoting equity for litigants of. otherwise frivolous will be referred to a and taxpayers within the Federal court In fact, one of the most interesting different circuit. system. I urge all Members to support facts is that, while people on the con- passage of H.R. 1252. servative side complain about this bill b 1045 Mr. Chairman, I reserve the balance because they say it empowers an inap- This means that truly substantive of my time. propriate form of judicial activism, it complaints will be more objectively re- Mr. Chairman, I ask unanimous con- is very clear if we study this that they viewed by judges who have no personal sent that the bill be open for amend- simply do not like the results. They ties to the judge who is the subject of ment at any point. simply do not like courts finding that the complaint. The gentleman from The CHAIRMAN. That request by the this or that statute might not be per- Tennessee (Mr. BRYANT) and the gen- gentleman may be made after general missible under the Constitution. Be- tleman from Indiana (Mr. PEASE) con- debate has concluded and the Commit- cause if we look at the judges who have tributed to this section of the bill. tee begins the 5-minute rule. been judicial activists, what we find, of Fourth, H.R. 1252 would inhibit the Mr. FRANK of Massachusetts. Mr. course, is that the most conservative ability of Federal courts to require Chairman, I yield myself such time as justices of the Supreme Court, for ex- States and local municipalities to raise I may consume. ample, are also the most judicially ac- taxes on the affected citizenry to pay Let me say, I appreciate the gen- tive. for projects that the States and mu- tleman making the request. Because Justices Scalia and Thomas, the two nicipalities are unwilling to fund them- even though it cannot be acted on until most conservative justices, strongly selves. the 5-minute rule begins, Members who supported by the conservatives, have in While a Federal court may possess may be interested should know it is fact voted to invalidate more statutes, the technical right under certain con- our intention to have amendments be to find more acts of Congress unconsti- ditions to devise such a remedy to re- in order at any point so they do not tutional than their more moderate and dress a constitutional harm, we have have to worry about a section-by-sec- liberal counterparts. If in fact they carefully crafted some parameters that tion reading. I do not believe we have a think it is a terrible idea for the Su- will constrain the practice of judicial large number of amendments. preme Court to strike down statutes, taxation. The gentleman from Illinois Mr. Chairman, the Subcommittee on then they would be very critical of Mr. (Mr. MANZULLO), whose district is home Courts and Intellectual Property, on Scalia and Mr. Thomas, the Religious to a city which is subject to a judicial which I am pleased to serve with the Freedom Restoration Act that they did taxation order, contributed to this por- gentleman from North Carolina (Mr. not like, the Brady Bill, parts of which tion of the bill. COBLE), has a good deal of business they did not like. There are a whole se- Fifth, the gentleman from Florida which we do in a nonideological way ries of them. And the conservative jus- (Mr. CANADY) worked with our former and in a nonpartisan way, and I am tices are in league. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2245 One of the most glaring examples of Let me also now read. ‘‘Even if the low themselves when they are incon- this came recently with regard to a se- electorate could enact statutes to regu- venient. ries of decisions in California where late the selection of nominees for par- So they come forward with a bill judges in California found referenda tisan offices, it cannot do so in a way which is mostly a nuisance and inter- unconstitutional. Now, in a couple of that undermines the integrity of the ference and a derogation from the effi- cases, at least in one case, a district electoral process.’’ ciency of our Court system. We will be judge found the referendum unconsti- And then quoting with approval an- offering some amendments to try to tutional under affirmative action. That other decision, ‘‘Voters may no more clear that up. And absent the passage district judge was promptly overruled. violate the Constitution by enacting a of those amendments, I hope the bill is No harm was done to the cause of the ballot measure than a legislative body defeated. people who were against it. We went may do so by enacting legislation. A Mr. Chairman, I reserve the balance through the regular procedure. court must undertake the same con- of my time. And if we listen to my Republican stitutional analysis of laws passed by Mr. COBLE. Mr. Chairman, I yield 7 friends, we might get the impression initiative as by a legislature. There is minutes to the distinguished gen- that they do not like the idea of a Fed- little significance to the fact that a tleman from Illinois (Mr. HYDE), the eral judge invalidating a popular ref- law was adopted by a popular vote Chairman of the House Committee on erendum. But if we got that idea, Mr. rather than as an act of the State leg- the Judiciary. Chairman, we would be wrong. islature. Indeed, there are substantial (Mr. HYDE asked and was given per- Sometimes in an excess of their con- reasons for according deference to leg- mission to revise and extend his re- cern over a particular case, my friends islative enactments that do not exist marks.) on the other side overstate their alle- with respect to proposals adopted by Mr. HYDE. Mr. Chairman, I will re- giance to general principles. Because, initiative.’’ And that is a quote again strain myself from quoting the well- in fact, when the people on the Repub- from another decision. known line about a foolish consistency, lican Party do not like the result of a Now, where do these arguments in because I tend to agree with the gen- referendum, what do they do? Well, in favor of allowing a single Federal dis- tleman from Massachusetts (Mr. California, they go to court and they trict judge to invalidate a referendum FRANK). I think consistency is a virtue, ask a single district judge to invalidate of the people of California if it was un- and I do not have the time to point out it. constitutional come from? What radi- inconsistencies on the left. Indeed, it seems to me clear that, cal group, what group of anti-public Mr. FRANK of Massachusetts. Mr. with regard to judicial activism, my elitists, what sneering left-wingers, un- Chairman, will the gentleman yield? friends on the other side have essen- willing to let the people decide, put Mr. HYDE. I yield to the gentleman tially the same position with regards this forward? Who says that, in fact, from Massachusetts. to States’ the legislative enactment might even Mr. FRANK of Massachusetts. Mr. rights. They are against it except when Chairman, I thank the gentleman, be- they like it. They are prepared to de- get more deference from a court than the people? Who are these judicial ac- cause my good friend from Illinois and nounce it when it produces a result I do not always agree on the definition they do not like. But when it gets in tivist encouragers who so sneer at the public? They are the California Repub- of virtue, so I am glad we do in this the way of a result they like, then they case. ignore it. That is where they are on lican Party. I am quoting from the brief filed by Mr. HYDE. Mr. Chairman, that is States’ rights, and that is a perfectly right, at least in this instance. But I valid viewpoint. the California Republican Party, Mi- chael Schroeder, Shawn Steel, and would like to suggest that I think he That is, it is valid to be result-ori- proves too much when he refers to this ented. It is valid to say, I am going to Donna Shalansky. Not that Shalala. Donna Shalansky. It was filed July 28, bill as somehow hostile to the vi- hope for the right decision. What is not brancy, the vitality, the importance, intellectually valid, it seems to me, is 1997. Because the people of California dared to pass a referendum changing the significance of the Federal judici- to assert adherence to a principle to ary. Just the opposite; it is an effort to which one does not, in fact, adhere. the way candidates are nominated for office which the Republican and Demo- make the Federal judiciary work bet- And when we talk about States’ rights ter. but are prepared to disregard States’ cratic Parties of California did not like. We will have amendments here, and rights and talk reform and criminal we will debate this issue, but I do not procedure and economic regulation and So the Republican Party of Califor- nia went to court with the Democratic think there is anything in the bill that consumer protection, then we really is hostile at all to the notion of the forfeit our rights to talk about States’ Party of California and said, judge, you make those people stop violating my third branch of government and its rights. And when we denounce judicial very important role in the functioning activism but Honor Justices Scalia and constitutional rights. And they wrote down here that just because the people of our democracy. Thomas, our two most active justices, As to the three-judge panel, somehow then it seems to me we undercut our did it in a referendum does not mean anything. In fact, it may mean it is the gentleman from Massachusetts argument. views that as a derogation of author- And with regard to the notion that even less entitled to respect than when the people do it. ity, proper authority that belongs to somehow it is a terrible thing for a dis- the courts. I would just simply suggest trict court judge to invalidate a popu- b 1100 that the notion of setting aside by in- lar referendum, let me read a refuta- Of course, we have a bill on the floor junction a referendum that has passed tion of that view. I am reading from a that does exactly the opposite. We have through a State process where mem- legal brief. a bill on the floor that says that, if a bers of the State have voted in the ref- The blanket primary is not valid because it referendum is involved, we have to erendum is a topic of some significance apparently was passed by a majority of Democrats and Republicans who voted in the have a three-judge court. and deserves the gravity of a three- 1996 election. Voters cannot validly enact a It just seems to me, Mr. Chairman, judge court rather than just one judge. law which conflicts with parties’ rules gov- that there ought to be some limit to I say that because we do this in the erning the nomination of candidates and in- the extent to which a gap is allowed to context of three-judge courts already fringes their first amendment rights any exist between what people say they deciding appeals from voting rights more than can a legislature. truly believe and what they do when it cases and reapportionment cases. I am Let me read that again correctly. is important to them. sure the gentleman from Massachu- ‘‘Voters cannot validly enact a law So what we have here is a cry of frus- setts supports enthusiastically the no- which conflicts with parties’ rules gov- tration. We have the right wing not tion that three-judge courts have to erning the nomination of candidates liking the fact that the court some- hear voting rights cases. They are im- and infringes their first amendment times enforces constitutional rights. portant. Three-judge courts ought to rights any more anymore than a legis- So they talk about all the doctrines hear appeals on reapportionment be- lature.’’ which they, it does not seem to me, fol- cause they are important. H2246 CONGRESSIONAL RECORD — HOUSE April 23, 1998 We feel a State referendum is equally showing for those California voters diting the enforcement of the referendum if important. So rather than derogating does not evaporate as rapidly as I fear the final decision is that the referendum is from the importance of the Federal it might. constitutional. Such an expedited procedure is already provided for in other voting rights courts deciding these, we are adding Mr. HYDE. Mr. Chairman, I yield to cases. It should be no different in this case, some gravatas to the process by saying the gentleman’s superior knowledge on since a state is ‘‘redistricted’’ for purposes of where an entire State has voted on an marijuana. a vote on a referendum into one voting issue, that the setting aside of that I simply would like to say that the block. The Congressional Research Service should be done by a three-judge court rest of this bill deals with improve- estimates that these three-judge courts rather than one. ments in the Federal court system, would be required less than 10 times in a dec- Mr. FRANK of Massachusetts. Mr. abuses that can occur in class-action ade under this bill, causing a very insubstan- Chairman, will the gentleman yield? certifications, questions of judicial tial burden on the federal judiciary, while substantially protecting the rights of the Mr. HYDE. I yield to the gentleman misconducts. Some of us feel those are voters of a state. from Massachusetts. better handled by a committee in an- This bill recognizes that state referenda re- Mr. FRANK of Massachusetts. Mr. other circuit rather than the circuit flect, more than any other process, the one- Chairman, I thank the gentleman for where the judge practices or sits. person/one-vote system, and seeks to protect yielding to me. I would say, as our We deal with questions of courts or- a fundamental part of our national founda- friend from North Carolina had re- dering taxing bodies to raise taxes. We tion. This bill will implement a fair and ef- minded us, the original reason for a fective policy that preserves a proper bal- feel that is a violation of separation of ance in federal-state relations. three-judge court in the voting rights powers. We like to help avoid getting case had to do with the unfortunate INTERIM APPEALS OF CLASS ACTION stuck, if I may use that inelegant CERTIFICATIONS history of judges in the South, who did term, with a judge who is inappropriate The second reform contained in this bill not really believe in it. I do not think for a particular party or litigant or was developed by the Chairman of the Sub- that there was need for it any further, lawyer by letting us at least change committee on the Constitution, Representa- and I would not insist on maintaining once, which we can do in every circuit tive Charles Canady of Florida. It allows im- it. court throughout the country. We deal mediate (interlocutory) appeals of class ac- I would say with regard to the sub- with cameras in the courtroom han- tion certifications by a federal District stance of what the gentleman said, I dling capital punishment appeals. judge. understand his argument that there is When a District judge determines that an So this is a good bill. I do not doubt action may be maintained as a class action, something special about a referendum. it is controversial. It is not hostile to the provisions contained in the Judicial Re- But the California Republican Party the courts. We will have a struggle per- form Act allow a party to that case to appeal filed a lawsuit directly contradicting haps later on over judicial pay. Some that decision immediately to the proper that. people who just congenitally dislike Court of Appeals without delaying the I would ask the gentleman, do the judges will have their say, but that is progress of the underlying case. This pre- vents ‘‘automatic’’ certification of class ac- California Republicans, who serve on for later in the day. the Committee on the Judiciary, have tions by judges whose decisions to certify SUMMARY OF H.R. 1252, THE JUDICIARY may go unchallenged because the parties they talked to the California Repub- REFORM ACT OF 1998 have invested too many resources into the lican Party and tried to enlighten This necessary legislation addresses one of case before an appeal is allowed. them and correct this error, which the most disturbing problems facing our con- This bill will also prevent abuses by attor- they have so strongly propagated? stitutional system today—the infrequent but neys who bring class action suits when they Mr. HYDE. Mr. Chairman, I would intolerable breach of the separation of pow- are not warranted, and provides protection say to my friend, the gentleman from ers by some members of the Federal judici- to defendants who may be forced to expend Massachusetts, that is the one aspect ary. unnecessary resources at trial, only to find that a class action was improperly brought THREE-JUDGE PANELS of this controversy I have not re- against them in the first place. As a prac- searched. But I can also tell him that I The first reform contained in this bill was tical matter, the outcome of a class-action will not research it. But, nonetheless, developed originally by a valued member of suit is often determined by whether the the purpose of the three-judge court is the Committee on the Judiciary, the late judge elects to certify a class since certifi- a recognition of the significance of an Representative Sonny Bono of California. cations may guarantee that a plaintiff’s at- entire State voting on a referendum, Recognizing the unjust effect on voting torney can extract a favorable settlement, rights created by injunctions issued in Cali- and giving it the added dignity of a irrespective of whether the certification was fornia by one judge against the will of the proper. three-judge court to set aside the ex- people of the State as reflected in Propo- pressed wish of perhaps millions of peo- COMPLAINTS AGAINST JUDICIAL MISCONDUCT sitions 187 and 209, H.R. 1252 provides that re- The third reform contained in this bill was ple; the same as in voting rights ap- quests for injunctions in cases challenging developed by another member of the Com- peals and in reapportionment. the constitutionality of measures passed by mittee on the Judiciary, Representative Ed Mr. FRANK of Massachusetts. Mr. a state referendum must be heard by a three- Bryant of Tennessee. It requires that a com- Chairman, I ask the gentleman to judge court. Like other federal voting rights plaint brought against a federal judge be yield. legislation containing a provision providing sent to a circuit other than the one in which Mr. HYDE. Mr. Chairman, this is al- for a hearing by a three-judge court, the Ju- the judge who is the object of the complaint dicial Reform Act of 1998 is designed to pro- sits for review. This will provide for a more most amounting to harassment, but I, tect voters in the exercise of their vote and nonetheless, in the mood of accommo- objective review of the complaint and im- to further protect the results of that vote. It prove the efficacy of the Judicial Councils dation, yield to the gentleman from requires that legislation voted upon and ap- Reform and Judicial Conduct and Disability Massachusetts. proved directly by the citizens of a state be Act of 1980, 28 U.S.C. § 372 (‘‘The 1980 Act’’), Mr. FRANK of Massachusetts. Mr. afforded the protection of a three-judge which established a mechanism for the filing Chairman, I seek no quid pro quo, so I court pursuant to 28 U.S.C. § 2284 if an appli- of complaints against federal judges. do not think it is harassment. cation for an injunction is brought in federal Under those procedures, a complaint alleg- Mr. COBLE. Mr. Chairman, I did not court to arrest the enforcement of the ref- ing that a federal judge has engaged in con- erendum on the premise that the referendum duct prejudicial to the effective and expedi- hear what the gentleman said. is unconstitutional. This system already ap- Mr. FRANK of Massachusetts. Mr. tious administration of the business of the plies to Voting Rights Act and reapportion- courts may be filed with the clerk of the U.S. Chairman, I seek no quid pro quo, so I ment cases. Court of Appeals for the circuit in which the do not think it is harassment because I In effect, where the entire populace of a federal judge who is the subject of the com- am not the gentleman’s supervisor. state democratically exercises a direct vote plaint sits. Under the Act, a special commit- I would say to the gentleman that I on an issue, one federal judge will be able to tee will report to the judicial council of the appreciate his talking about the rel- issue an injunction preventing the enforce- circuit, which will decide what action, if evance of respecting the wishes of mil- ment of the will of the people of that state. any, should be taken. lions of California voters in a referen- Rather, three judges, at the trial level, ac- By requiring that complaints filed under cording to procedures already provided by the 1980 Act be transferred to a circuit other dum. I hope when the resolution con- statute, will hear the application for an in- than the circuit in which the alleged wrong- demning those same voters for voting junction and determine whether the re- doer sits, more objectivity and accountabil- for medical marijuana comes up that quested injunction should issue. An appeal is ity will exist for litigants who find them- the respect that the gentleman is now taken directly to the Supreme Court, expe- selves in need of relief from a judge who is April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2247 not properly performing his or her functions. that: (1) there are no other means available petitions at the state and federal level. His In addition, the bill has been amended to to remedy the relevant deprivation of rights federal petition was handled by a judge who limit out-of-circuit referrals to those cases or laws, and the tax is narrowly tailored and delayed its consideration for four years be- in which a complaint is not dismissed as directly related to the specific constitu- fore ordering a new trial. This same judge being incomplete, frivolous, or directly re- tional deprivation or harm necessitating re- handles all habeas petitions in that judicial lated to the merits of a decision or proce- dress; (2) the tax will not exacerbate the dep- circuit, and has delayed consideration of all dural ruling. This amendment represents an rivation intended to be remedied; (3) the tax capital cases appealed to that circuit by a effort to respond to those critics who assert will not result in a revenue loss for the af- minimum of 65 years. All cases on which he that the revision to existing complaint pro- fected subdivision; (4) the tax will not result has reached a final decision have resulted in cedures will generate unnecessary and trivial in a depreciation of property values for the an over-turning of a jury verdict to impose administrative expenses for out-of-circuit affected taxpayers; (5) plans submitted by execution. In effect, this judge has taken it judges. In other words, only ‘‘substantive’’ state or local authorities will not effectively upon himself to usurp the decision of a jury complaints will be referred out of circuit. redress the relevant deprivation; and (6) the to impose the death penalty. Pursuant to the JUDICIAL TAXATION interests of state and local authorities in bill, the chief judge of a circuit could neither The fourth reform contained in this bill managing their own affairs is not usurped by handle all habeas cases by himself or herself, prohibits a federal court from ‘‘expressly di- the proposed tax, consistent with the Con- nor delegate the responsibility on an exclu- recting’’ or ‘‘necessarily requiring’’ that a stitution. sive basis to another judge. Finally, the bill specifies that the judicial state or municipality impose taxes on its CAMERAS IN THE COURTROOM tax provisions will apply to any action or citizenry, a function reserved to legislative A seventh reform would permit a presiding proceeding pending on, or commenced on or bodies, for the purpose of enforcing a legal judge, in his or her discretion, to permit the after, the date of enactment. This was done decision. Seizing the power of the public use of cameras during federal appellate pro- at the behest of Representative Don Man- purse by imposing taxes on any community ceedings. Based on legislation introduced by zullo of Illinois, whose district is home to is an egregious example of how some mem- Representative Steve Chabot of Ohio, the Rockford, a city which is subject to a court bers of the judiciary have breached this na- change mirrors state efforts to provide taxation order that has devastated local tion’s founding principle of separation of greater public access to the workings of the communities. powers and undermined the concept of self- judiciary. The Committee on the Judiciary rule. REASSIGNMENT OF CASES also adopted an amendment offered by Rep- In some cases, judges have designed in spe- The fifth reform contained in this bill was resentative Chabot which creates a three- cific detail local school systems and public also developed by Representative Canady. It year pilot program allowing televised pro- housing systems, and then ordered tax in- allows all parties on one side of a civil case ceedings in any U.S. District (trial-level) creases to finance the spending bills dis- brought in federal District court to agree, proceeding, subject to the discretion of the guised in their judicial rulings. The most after initial assignment to a judge, to bring presiding judge. conspicuous example illustrating this prob- a motion requiring that the case be reas- JUDICIAL PAY signed to a different judge. Each side of the lem is the ongoing case of Missouri v. Jenkins, An eighth reform includes parts of legisla- case may exercise this option only once. in which the Supreme Court has issued three tion introduced by Representative Henry Under the provision, a motion to reassign opinions and the court of appeals more than Hyde of Illinois, Chairman of the Committee must be made not later than 20 days after 20. In Jenkins, the Supreme Court ruled that on the Judiciary, that would grant federal the notice of original assignment of the case while it was permissible for the lower court judges an annual cost-of-living adjustment in the Kansas City school system to order is given. Because some critics believe the reassign- unless Congress takes action to the con- the state or municipality to raise taxes to trary. remedy a constitutional deprivation, it re- ment device might encourage forum-shop- manded and reversed the lower court deci- ping and attendant delay, its application will COMPLEX DISASTER LITIGATION sion based on the fact that the lower court be limited to the 21 largest federal judicial With Representative Jim Sensenbrenner of lacks the authority to impose a tax itself; it districts (each containing over 10 judges to Wisconsin as its chief advocate, a ninth re- must order the state or local municipality to allow a random reassignment) over a five- form consists of language which the House do so. The Jenkins litigation also dem- year period, thereby allowing Congress to passed in the 101st and 102nd Congress, and onstrates that once a federal court seizes evaluate its effects and to determine wheth- which the full Committee on the Judiciary such a ‘‘structural reform’’ case, it will con- er it ought to be extended to all districts and passed in the 103rd Congress. This language stantly reevaluate its progress for years perpetuated in the future. is intended to improve the ability of federal until the ‘‘constitutional deprivation’’ has This substitution-of-judge, or, as referred courts to handle complex multidistrict liti- been cured. to in the bill, ‘‘reassignment-of-case-as-of- gation arising from a single accident, such as State and federal laws leave budget and right,’’ provision mirrors similar state laws a plane crash. spending authority to legislative bodies, be- and allows litigants on both sides of a case Briefly, these changes would bestow origi- cause only a body which represents the will to avoid being subjected to a particular fed- nal jurisdiction on federal District courts in of the people can decide properly how to eral judge, appointed for life, in any specific civil actions involving minimal diversity ju- spend the people’s taxes. While rulings on case. It might be used by litigants in a com- risdiction among adverse parties based on a due process are important to protect the munity to avoid ‘‘forum shopping’’ by the single accident where at least 25 persons rights of litigants, and remedy which would other side in a case, or to avoid a judge who have either died or sustained injuries exceed- force the public to pay more in taxes must is known to engage in improper courtroom ing $50,000 per person. The District court in come from the House of the people and not behavior, who is known to be prejudiced, or which such cases are consolidated would re- from the authority of the bench. The judici- who regularly exceeds judicial authority. tain those cases for purposes of determining ary is neither equipped nor given the power This provision is not meant to replace ap- liability and punitive damages, and would to make such decisions. To allow otherwise pellate review of trial judges’ decisions, but also determine the substantive law that is to usurp self-rule and replace it with self- rather to complement appellate review by would apply for findings of liability and appointed authority. As four justices of the encouraging judges to fairly administer their damage. Returning individual cases to state United States Supreme Court have stated, oaths of office to uphold the Constitution. and federal courts where they were origi- the imposition of taxes by courts ‘‘disregards Many judges face constant reversals on ap- nally filed for a determination of compen- fundamental precepts for the democratic peal, but still force litigants to bear extraor- satory money damages (and where all rel- control of public institutions. The power of dinary costs before them and further bear evant records are located) is fair to the taxation is one that the federal judiciary the burden of overcoming standards of re- plaintiffs or their estates. does not possess.’’ view on appeal. This provision allows liti- These changes should reduce litigation This bill will restore the proper balance de- gants some freedom in ensuring that due costs as well as the likelihood of forum-shop- fined in the Constitution between the federal process will be given to their case before ping in airline and other accident cases. An branches and federal-state relations by for- they bear the costs associated with litigat- effective one-time determination of punitive bidding any U.S. District court from enter- ing in trial court and will encourage the ju- damages would eliminate multiple or incon- ing an order or approving a settlement that diciary to be as impartial as required by sistent awards arising from multiforum liti- requires a state or one of its subdivisions to their charge. gation. impose, increase, levy, or assess any tax for HANDLING OF CAPITAL PUNISHMENT APPEALS AGENCY (OPM) APPEALS OF ADVERSE the purpose of enforcing any federal or state The sixth reform set forth in H.R. 1252 was PERSONNEL DECISIONS common law, statutory, or constitutional developed in response to the May 14, 1997, The tenth and final reform of H.R. 1252, right or law. testimony of Charlotte Stout, who partici- proposed by Representative Conyers of This reform contains a narrow, multi-part pated in an oversight hearing on judicial Michigan, would permit the Office of Person- exception to the general prohibition of judi- misconduct, and comments made by Rep- nel Management (OPM) to appeal final deci- cially-imposed taxation. Specifically, a court resentative William Delahunt of Massachu- sions of the Merit Systems Protection Board may not order a state or political subdivi- setts. Ms. Stout’s daughter was raped and (MSPB) and final arbitral awards dealing sion to impose a tax unless the court first murdered by a man who sat on death row for with adverse personnel actions to the Fed- determines by clear and convincing evidence 18 years as a result of filing numerous habeas eral Circuit within 60 days from the time H2248 CONGRESSIONAL RECORD — HOUSE April 23, 1998 final notice of a decision is received. Cur- the California Civil Rights Initiative, consume to the gentleman from Michi- rently, OPM must file its appellate briefs the CCRI. gan (Mr. CONYERS), the ranking mem- within 30 days, which is half the time allot- The CCRI simply removed the oppor- ber of the full committee. ted to other federal agencies. tunity for State officials to judge peo- Mr. CONYERS. Mr. Chairman, I This bill is limited in scope. It reforms the procedures of the federal courts to ensure ple by their race and their sex, a prac- thank the gentleman from Massachu- fairness in the hearing of cases without tice that I think most Americans con- setts for yielding to me. stripping jurisdiction, or reclaiming any sider repugnant. In a ruling that Mr. Chairman, I was delighted to powers granted by Congress to the lower turned common sense and our Con- hear the majority whip, constitutional courts. It does assure that litigants in fed- stitution on its head, Justice Hender- expert in his own right, whose opinions eral courts will be entitled to fair rules of son ruled that by adopting the equal I respect very much, and which will be- practice and procedure leading to the due protection clause of the 14th amend- come very much in focus today. The process of claims. ment, the voters of the State of Cali- gentleman from Texas (Mr. DELAY), Mr. FRANK of Massachusetts. Mr. fornia had violated that same 14th majority whip, is the same Member of Chairman, I reserve the balance of my amendment. Congress who claims it is time we im- time. Although judicial taxation and Judge peach judges whose opinions consist- 1 Mr. COBLE. Mr. Chairman, I yield 5 ⁄2 Henderson’s circumvention of the Con- ently ignore their constitutional role, minutes to the distinguished gen- stitution are two extreme examples of violate their oath of office, and breach tleman from Texas (Mr. DELAY), the judges breaching the separation of pow- the separation of powers. majority whip for the House. ers, there are, of course, many, many b 1115 Mr. DELAY. Mr. Chairman, I thank others. the Chairman for yielding. I want to Judges have created the right to die. That is a quote. commend the chairman of the sub- Judges have prohibited States from de- Mr. DELAY. Mr. Chairman, will the committee and the chairman of the full claring English as an official language. gentleman yield? committee and the Members of the Judges have extended the right of Mr. CONYERS. I yield to the gen- Committee on the Judiciary for their States to withhold taxpayer-funded tleman from Texas. very hard work and effort in what I services from illegal aliens, all without Mr. DELAY. Does the gentleman be- consider a much needed piece of legis- sound constitutional basis. lieve that a judge should not be im- lation. Now, some Federal judges have even peached that violates his oath of office The system of checks and balances so made themselves the sovereigns of the and violates the Constitution? carefully crafted by our Founding Fa- cell blocks, micromanaging our State Mr. CONYERS. I will get to that thers is in serious disrepair and has prisons, and forcing changes in prison later. Right now I am making my own been for years. This bill takes a very operations that have resulted in the presentation, and I wanted to make necessary step to bring the courts back early release each year of literally sure I am quoting the gentleman cor- into constitutional order. hundreds of thousands of violent and/or rectly. The Founding Fathers established a repeat criminals out on our streets and Mr. DELAY. Will the gentleman system of government in the United the streets to plague our families. yield? States that does not allow one branch In 1970, not a single prison system Mr. CONYERS. I yield to the gen- to become too powerful at the expense was operating under the sweeping tleman, yes. of the other. I contend, quite frankly, court orders common today. By 1990, Mr. DELAY. The gentleman from if we read the Constitution as it origi- some 508 municipalities, and over 1,200 Michigan is absolutely quoting me cor- nally was written and intended, the ju- State prisons were operating under rectly. diciary branch was supposed to be the some judicial confinement order or Mr. CONYERS. All right, that is all I weakest branch of the three created by some consent decree. need. The majority whip should use his the Constitution. In New York City, judges have forced own time. Contrary to the opinion of the liberal prison officials to require that only li- Now let me ask the majority whip, legal establishment of this country, ju- censed barbers cut the hair of the pris- who is enjoying this as much as I am, dicial power is not limitless. Judicial oners; that sweetened coffee may never ‘‘Do you have any judges in mind since power does not equal legislative power. be served at meals for the prisoners; you made that statement a few months Judges apply the law. They are not to and a court-appointed monitor must be ago or do you plan to do anything make the law. When judges go further given a city car within one grade of the about your pronouncements on that and unilaterally impose legislative prison commissioner’s car. If it were subject?’’ remedies, they exceed the legitimate not so appalling, it would be funny. Mr. DELAY. Mr. Chairman, will the limits of power given to them by the But if that is not enough, the same gentleman yield? Constitution. activist judges have also imposed pris- Mr. CONYERS. With pleasure. When judges legislate, they usurp the on caps, mandating the release of vio- Mr. DELAY. I got a list and it is power of Congress. When judges stray lent felons and drug dealers before they growing, yes, sir. beyond the Constitution, they usurp have even served their time. Mr. CONYERS. The gentleman from the power of the people. For instance, Later today, the gentleman from Texas got a list and it is growing. under the Constitution, only Congress Pennsylvania (Mr. MURTHA) and I will Well, does the gentleman plan to ever can lay and collect taxes. But that did offer an amendment that will end this do anything with the list, though? not stop District Judge Russell Clark travesty of justice caused by overac- That is the point, and I yield again. from ordering tax increases from the tive judges. Our amendment will pro- Mr. DELAY. I will be glad to consult bench. hibit a Federal judge from ever releas- with the gentleman when I have a can- That tax increase, and 2 billion tax ing a felon from prison because of didate that has violated his oath of of- dollars, turned the city school district claims of prison overcrowding. fice and the Constitution. into a spending orgy, complete with ed- The prisoners claim of overcrowding Mr. CONYERS. Okay. Then that iting and animation labs, greenhouses, has become a get-out-of-jail-free card. means up to now the gentleman does temperature-controlled art galleries, And we say no longer. No longer will not have a candidate but he has got a and a model United Nations that was these prisoners plague our families, list. wired for language translation. If that and our cities, and in our towns. Mr. DELAY. Will the gentleman is not taxation without representation, I urge my colleagues to support the yield? I do not know what it is. Hyde bill and the DeLay-Murtha Mr. CONYERS. Yes, sir. Another example of a judge tossing amendment. The time has come to re- Mr. DELAY. I thought the list of can- aside the Constitution and supplanting establish our system of checks and bal- didates is what I was referring to. I his own personal biases was the deci- ances and to restore sanity to our have got plenty of candidates, yes. I sion of the District Court Judge, criminal justice system. am just looking for one that is particu- Thelton Henderson, prohibiting the Mr. FRANK of Massachusetts. Mr. larly bad in violating the Constitution State of California from implementing Chairman, I yield such time as he may and his oath of office, yes. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2249 Mr. CONYERS. I get it. Then the to the extent that they are incorrect I And so we are asking that this provi- gentleman does not have a candidate apologize for bringing it to the gentle- sion be stricken from the bill. We hope right now. He has got a list. And I am man’s attention. that a lot of Members, lawyers and not yielding any more. The gentleman Mr. DELAY. Will the gentleman yield constitutional experts and Members from Texas can get time. I got a way again? that do not make that claim, will join for him to get as much time as he Mr. CONYERS. I yield to the gen- us in opposing this section of the bill. wants, but it is on the other side on his tleman from Texas. Mr. COBLE. Mr. Chairman, I yield 2 own time. Mr. DELAY. They just used the minutes to the gentlewoman from Cali- Okay. wrong word. fornia (Mrs. BONO). Mr. DELAHUNT. Mr. Chairman, will Mr. CONYERS. I see. What word (Mrs. BONO asked and was given per- the gentleman yield? should they have used? mission to revise and extend her re- Mr. CONYERS. I yield to the gen- Mr. DELAY. Judges that violate the marks.) tleman from Massachusetts. Constitution and their oath of office. Mrs. BONO. Mr. Chairman, as one of Mr. DELAHUNT. If the gentleman Mr. CONYERS. So this is not about the newest Members of the 105th Con- would inquire of the majority whip to activist judges. Okay. Well we are get- gress, I want to express what a privi- give us the names on that particular ting someplace. lege it is to arrive at this great institu- list. Now here is the problem with this tion and participate during these im- Mr. CONYERS. No, I am not going to bill. There was a section in H.R. 1252 portant debates. go there. I am not going to go there. He granting parties in the 21 largest Fed- As one of my first official acts I am has got a list and he is working on it, eral districts the right to peremptorily very proud to rise today to support the but he does not have a name yet so I challenge a Federal judge’s right to bill under consideration, the Judicial got to wait. Said just stay tuned and he hear a civil action. In effect, listen Reform Act of 1997. This is a very good is going to make his presentation when carefully, Republican Members of this bill, and among its important provi- the time comes. House, in effect this provision permits sions is one of special significance to Mr. DELAHUNT. Will the gentleman prejudicial challenges based on the the voters of my district, of my State continue to yield? Could he reveal to us race or gender of the judge. and to myself. Section 2 of the bill re- the number of candidates that are on Now, current law already provides a flects the bill, H.R. 1170, which was my it? clear and coherent statutory regime late husband’s first piece of legislation Mr. CONYERS. I am not going to go for removing judges in appropriate cir- in Congress and which passed this there, either. Maybe he will tell us cumstances, and it has been working House last Congress. This is a simple today, maybe he will not. Maybe he pretty well all these years. But now but long overdue measure that will will come up with a list next month. today, 1998, we get a proposal in this protect the franchise of democracy. Who knows? That is what he is telling bill that goes well beyond removing This provision, as my colleagues al- me. judges for cause and allows the parties ready know, establishes a three-judge Well, now, ‘‘Congressional Repub- to remove judges for no stated reason panel to review the constitutionality of licans yesterday rallied,’’ this is the whatsoever, no stated reason whatso- voter-passed initiatives. When a single great Washington newspaper, the ever. Federal judge can block the will of the Washington Times, ‘‘Congressional Re- This is what the Republican lawyers people for years at a time, that is one publicans yesterday rallied behind on the House Committee on the Judici- of the most antidemocratic features of House Majority Whip Tom DeLay’s an- ary propose we do to the Federal courts our legal system. For the voters of nouncement that the GOP will pursue today, for no reason, any reason. These California and other States that have impeachment proceedings against ac- are lawyers on the Committee on the initiatives, justice is delayed, and thus tivist Federal judges.’’ Judiciary seriously proposing that that it is denied. Now I would like to gain the distin- is what we do, and I say that is wrong. Quickly I want to spell out three rea- guished majority whip’s attention In addition, these challenges would sons why the three-judge panel provi- again. Excuse me, sir, if I may gain not require the exercising party to sion should be passed by the House your attention again. make any showing or even any allega- today. This is a commonsense idea; it Mr. DELAY. Is the gentleman going tion of bias on the part of the judge. In will make the Federal courts more ob- to yield to me now? other words, ‘‘I don’t like that judge, jective in the way they review cases Mr. CONYERS. Just a moment. I just let’s get another judge.’’ Does the gen- arising from a vote of the people. want to gain the gentleman’s attention tleman know what that would do to the This is a mainstream idea. This first. Okay. I thank the gentleman. judicial process in the Federal system? measure was part of the American ‘‘Congressional Republicans yesterday Every judge that walks into every legal system for years, and in my view rallied behind House Majority Whip court where he is assigned, a judge, any we are bringing back something that Tom DeLay’s announcement that the party that does not like the judge, they has an important role in protecting our GOP will pursue impeachment proceed- get another one. And they go there and democratic system. Every Member ings against activist Federal judges.’’ they get another one. They do not like knows that the three-judge panels are And I will be happy to yield to the the next one, someone else objects. used today in voting rights and appor- gentleman. What generally is his de- And this is a serious proposal, my tionment cases. scription of activist Federal judges? colleagues. I think we ought to take a And, finally, this is a bipartisan idea. Mr. DELAY. Mr. Chairman, will the good look at this and find out just The three-judge panel bill, H.R. 1170, gentleman yield? what is fueling this desire to allow was supported by an overwhelming and Mr. CONYERS. I yield to the gen- every lawyer that comes into Federal bipartisan vote of this body in the last tleman from Texas. court to forum shop. I do not think it Congress. The bill we are considering Mr. DELAY. I appreciate the gen- is proper, and I do not think that it today also contains provisions that Re- tleman giving me this opportunity. ought to be in the law. The judges are publicans and Democrats should unite Mr. CONYERS. It is a pleasure. not too thrilled about it either. The to support. Mr. DELAY. First of all, I did not delay would be incredible, and the Ju- In closing, I want to commend the write that. dicial Conference is a little bit exer- gentleman from Illinois (Mr. HYDE) and Mr. CONYERS. I know the gentleman cised, as my colleague can believe. the gentleman from North Carolina did not. A preemptive challenge would be dev- (Mr. COBLE) for their hard work in Mr. DELAY. I am not looking to im- astating of this kind. All the expertise bringing this excellent bill to the floor. peach activist judges. What I am look- that a judge acquired regarding the Again, I ask every Member to support ing for are judges that violate their cases developed over many months this provision and pass this bill. oath of office and judges that violate would be lost. New judges would have Mr. FRANK of Massachusetts. Mr. the Constitution of the United States. to educate themselves regarding the Chairman, I yield 2 minutes to the gen- Mr. CONYERS. Okay. Then the attendant cases, with delay and ex- tlewoman from California (Ms. WA- Washington Times is wrong again, and pense. TERS), a member of the committee. H2250 CONGRESSIONAL RECORD — HOUSE April 23, 1998 (Ms. WATERS asked and was given there is some merit to a complaint one particular case in Missouri, there permission to revise and extend her re- against a judge, rather than allow, as I is the fear that it could happen again. marks.) said before, the judge’s own colleagues So this kind of judicial activism is, in- Ms. WATERS. Mr. Chairman, I rise in within that circuit court to determine deed, considered an outrage by the opposition to this odious bill. This bill whether or not that judge is guilty of American public, and this legislation may as well be called the anti-Thelton an ethical violation, I simply ask the will ensure it does not happen again in Henderson bill. Republicans got upset courts to allow that to be moved over our localities. with one Federal district judge’s deci- to another circuit, to other judges, who So I believe that this is appropriate. sion regarding proposition 209, and now perhaps do not know that judge as It is responsible legislation; it has a they want to change the whole judicial well. good balance between the judicial re- process. These changes would make it What that simply does is allow the view that is appropriate for judges to possible to pick and choose with no jus- person who filed that complaint, the maintain, but yet we in this Congress tification. Thus, black judges, Latino citizen, to have a fair hearing of that are sworn to uphold the Constitution of judges, women judges would be chal- complaint against the judge, without the United States as well. lenged simply because of their color. the appearance of a conflict of interest, I believe that this legislation is in The changes they propose are out- without the appearance of favoritism line with our constitutional authority, rageous. They want to make it easy for by colleagues. Whether that exists or and I would ask my colleagues to sup- racist and sexist judges to hear cases in not, at a minimum, the appearance ex- port it. civil actions. They want the Reagan- ists. Mr. COBLE. Mr. Chairman, I yield 2 Bush appointed court of appeals judges It is a question of freedom and fair- minutes to the gentleman from Ohio to control the decisions about the con- ness. This legislation would protect (Mr. CHABOT), a member of the Com- stitutionality of State referenda issues. those filing such a grievance, such a mittee on the Judiciary. They want to restrict Federal district complaint, and allow it to be heard by Mr. CHABOT. Mr. Chairman, I thank courts from enforcing rights laws if judges who do not have that friendship the gentleman for yielding me this there are any fines involved. or who do not have that working rela- time. Now, after proposing all of that, the tionship with the judge under issue. Mr. Chairman, I rise in support of the Republicans dangle the cameras in the Mr. Chairman, I close by simply urg- Judicial Reform Act. As my colleagues courtroom provision as if to make a ing my colleagues to support this bill. know, this legislation contains lan- concession. Well, I am not falling for It is a very good bill. guage authored by the gentleman from it. Now I wholly support the opening up Mr. COBLE. Mr. Chairman, I yield 2 New York (Mr. SCHUMER) and myself of the judiciary. Cameras would help minutes to the gentleman from Arkan- that would permit Federal judges in the public understand the justice sys- sas (Mr. HUTCHINSON), a member of the appropriate situations to allow the tem. But I will not sacrifice the integ- Committee on the Judiciary. televising of civil and criminal trials rity of the entire Federal judiciary for Mr. HUTCHINSON. Mr. Chairman, I or appeals. Again, it would permit it, one good provision. thank the gentleman for yielding me but it would not require cameras in the This bill is unconscionable and un- time. I appreciate the leadership of the courtroom. It is at the discretion of the constitutional. Tampering with the gentleman on this important issue. trial judge. Federal justice system to get back at Mr. Chairman, I rise in support of Open, public trials have a longstand- one judge’s decision is petty and dan- H.R. 1252, the Judicial Reform Act, and ing tradition in our country. The fram- gerous, and shame on my colleagues for want to speak about two provisions of ers of the Constitution required public pushing this bill, shame on all of us if the bill. trials because they recognized that a we vote for it. The first one is one long-championed thriving democracy depends on a well- I strongly urge a vote of ‘‘no’’ on by our former colleague, Sonny Bono, informed public. They knew that the H.R. 1252. which ensures that the will of millions public needs to see how an important Mr. COBLE. Mr. Chairman, I yield 2 of voters is not overturned by a single branch of the Federal Government minutes to the gentleman from Ten- Federal judge. Of course, the illustra- works, or, in some cases, does not nessee (Mr. BRYANT), a member of the tion was given in the State of Califor- work, and they understood that the Committee on the Judiciary. nia, but that can be duplicated in Ar- dignity of the court comes from the Mr. BRYANT. Mr. Chairman, this kansas, in which the initiative petition courtroom itself and from the values legislation before us was created after drive alternative of the voters is uti- and beliefs on display. a number of judges across this country lized quite frequently. Those values and beliefs are invig- have began taking away rights and lib- Whenever we have a ballot initiative orated, not undercut, as opponents of erties in many of the cases before that is passed by the voters, I think it open government would argue, by giv- them, and the portion of this bill that is wrong to have that potentially over- ing the people the ability to see our ju- I strongly support and actually au- turned by one single Federal judge. I dicial system in action. thored has an impact in this situation believe the three-judge panel is a bet- Chief Justice Berger, for example, when it comes to filing ethical com- ter procedure because it preserves the once wrote, ‘‘People in an open society plaints against judges by people who right of judicial review, which I believe do not demand infallibility from their feel that they have been wrongfully in. Yet at the same time it ensures it institutions, but it is difficult for them treated in those courtrooms. And what is not going to be passed on the whim to accept what they are prohibited it does, it removes the issue of appear- of one Federal judge, but would at least from observing.’’ ance of conflict of interest, possible require three to review and act upon An informed citizenry also is essen- bias and favoritism in the review of what the voters of a particular State tial to our constitutional system of these ethical complaints against the have done, and it would be a due regard checks and balances. The Federal judges now presently done by that for the Constitution of the United courts play a very important part in judge’s own colleagues. States. our government. Federal judges, after The second thing that I believe is im- all, serve for life. The American people b 1130 portant in this provision is the section deserve the opportunity to see how The process is once a complaint is that prohibits Federal judges from lev- they operate. We need to encourage filed, it is given to the clerk of the cir- ying taxes on localities or municipali- deeper understanding and further na- cuit court, who then passes it on to the ties as part of a settlement or a court tional discussion of the proper and chief judge. ruling. properly limited role of the Federal My proposal allows this chief judge Mr. Chairman, I believe that our con- judges. to ferret out, to eliminate those frivo- stituents are probably wondering why In an age where new technological lous claims, and those claims that are we are even debating this, because the breakthroughs are made every day and based on the judge’s ruling itself, Constitution gives Congress the sole televisions are present in virtually which is not proper, or those incom- authority to impose taxes on the citi- every American home, it is inconceiv- plete complaints. But once he finds zens. Because of what has happened in able that access to the courts would be April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2251 strictly limited to those Americans So while I have experienced that of DON MANZULLO. It is the phrase of who have the time and ability to per- frustration that some of my colleagues Thomas Jefferson, who, when he wrote sonally visit a courthouse. have talked about, what I have said to the Declaration of Independence, cited Our Founding Fathers over 200 years myself over and over and over again is King George for three things: that King ago wanted our Federal courts to be that our system has to be protected. George, III, refused to pass laws that open, and they are open. But who has Otherwise, there is no rule of law; would allow people the right to be rep- the time nowadays to take off of work there can be no justice. We substan- resented in their own legislatures; that or to take away from the time in rais- tially undercut it when we start selec- he called together legislative bodies at ing their families to go down to the tively trying to take some result and unusual times so nothing could be Federal courts, which are generally change it by changing the whole proc- done; that he imposed taxes on us with- downtown? They should have the abil- ess under which we operate. out our consent. ity to view what is going on in those That is what this bill does in sub- Taxation without consent gave rise courtrooms at home. After all, those stantial measure. It gives every citizen to the Boston Tea Party, and it gave courts do not belong to the judges; the opportunity to come in and say, I rise to the Constitution that was writ- they belong to the people. don’t like this judge because I don’t ten in 1787, a document so magnificent Mr. Chairman, I urge passage of this like what color he is or what gender that author Flexner has said, never be- bill. she is or what political perspective fore in history had people gathered to- Mr. FRANK of Massachusetts. Mr. they have, and therefore I am going to gether to write a document by which Chairman, to close for us, I yield the exercise a peremptory challenge, just people can govern themselves. balance of my time to the gentleman like we do in a jury pool. Two of the people who had a tremen- from North Carolina (Mr. WATT). That is an unprecedented change in dous impact on that Constitution were The CHAIRMAN pro tempore (Mr. our system. One, which I would have Hamilton and Madison. Hamilton said, EWING). The gentleman from North loved to have had on many occasions, in Federalist Paper 78, ‘‘The judiciary Carolina is recognized for 8 minutes. has no influence over either the sword Mr. WATT of North Carolina. Mr. but I have understood would undermine the system of justice that we have sub- or the purse, no direction either of the Chairman, I thank the gentleman for strength or of the wealth of the soci- yielding me this time. stantially in our country. Yet, my colleagues would come in ety.’’ Mr. Chairman, I actually had tried to And Madison said in Federalist Paper here and whine and say I don’t like the restrain myself from taking time in 33, ‘‘What is a power but the ability or result, therefore I am going to change general debate on this bill because I faculty of doing a thing? What is the the whole system and give everybody had very, very mixed emotions power of laying and collecting taxes in America the right to delay trials throughout this debate. but a legislative power?’’ I had the pleasure of practicing, and subvert the system. This, my And so powerful were those words, sometimes the pain, of practicing law friends, is not a good bill. Mr. Chairman, that they were written for 22 years before I was elected to Con- It may have some superficially ap- into article 1, section 7, that said, ‘‘All gress. There have been many, many pealing aspects to it, some which I can bills for raising revenue shall originate times during that 22 years that I would understand and empathize with, but we in the House of Representatives.’’ It is have longed for the opportunity to be must protect the system of justice and very clear, any Federal attempt to given the right to strike a judge and the rules of the road, and we cannot raise taxes must come in the people’s select another judge. start making them subject to who is in House, and it must come by people who There have been many times during power in the Congress of the United have to stand for reelection every 2 that 22 years that I was on the verge of States and whether it is Conservatives years. losing confidence in a process, and had versus Liberals. We must have rules But history has not proved that out, to step back from it and evaluate the under which we operate. because it is not only in Kansas City, process that was there in our court sys- Once we undermine those rules, as Missouri, where the judge has raised $2 tem, and try to say to myself, how this bill does substantially, then we billion worth of taxes, but it is in would I do this differently if I were de- have undermined our whole system of Rockford, Illinois, where an unelected signing a court system? justice in this country. magistrate ordered the members of the So, in a sense, I guess I can So I beg my colleagues on both sides school board to either raise taxes or go empathize with my Republican col- of the aisle to evaluate this bill and see to jail for the purpose of implementing leagues who would like to make a sub- if this really is where they want to be. a desegregation plan. stantial change in our judicial system It may serve some short-term political That is taxation without representa- because they have a sense of frustra- objective that they have, but what does tion, and that is why we are here tion about some aspect of it. it do to the confidence of the public in today, because Madison compelled it There is probably not another person our judiciary and in our judicial sys- whenever one branch of government in this body, if there are, there are tem? would become predominant over the probably only a few, who have had a b 1145 other. In fact, in number 47 he said, judge look at them or their law part- ‘‘The accumulation of all powers, legis- ners and call them a ‘‘nigger’’ in the At the end of the day, after my col- lative, executive, and judiciary, in the courtroom. I would love to have had leagues have made that kind of evalua- same hands, whether of one, a few, or the opportunity to strike that judge tion, I believe, if they are acting in the many, and whether hereditary, self-ap- and go on to another judge. interests of justice and the integrity of pointed, or elective, may justly be pro- There is probably nobody who has, as our system, they will reject this bill so nounced the very definition of tyr- much as I, been involved in a system that we can have a reasonable set of anny.’’ that had a three-judge panel, and rec- rules that have governed our system We are here, perhaps for the first ognized the benefits and detriments of for years and years and years and do time since the Constitution was adopt- having a three-judge panel in litiga- not delay the trial of cases in our sys- ed, perhaps for the first time that the tion. tem. House of Representatives has been here But when all is said and done, what I ask my colleagues to vote against in existence, for the first time in his- we have to recognize is that we operate this bill, even though it may have some tory, to argue Congress should take in a system that is unique to our coun- political, superficial benefit to them. back from the judges the power to tax. try. I am in the majority a lot in this Mr. COBLE. Mr. Chairman, I yield 3 Mr. BERMAN. Mr. Chairman, I rise in oppo- House, but I cannot start changing minutes to the gentleman from Illinois sition to H.R. 1252. There are many in this every rule that sometimes cuts in my (Mr. MANZULLO). chamber who from time to time have dis- favor and sometimes cuts against me. Mr. MANZULLO. Mr. Chairman, if agreed with decisions rendered by federal There has to be a set of rules that gov- there is any phrase that sums up the judges. Count me among them. But I have al- ern any kind of organized system, and reason for the existence of this Repub- ways felt that our independent life-tenured fed- our court system has a set of rules that lic, that phrase is ‘‘no taxation without eral judiciary is one of the glories of the Amer- govern it. representation.’’ That is not the phrase ican system of government, and that efforts by H2252 CONGRESSIONAL RECORD — HOUSE April 23, 1998 the Congress to retaliate against particular de- would be treated completely differently by the The story of Charlotte Stout's daughter, cisions are inimical to our larger stake in the federal courts. Because appeals of decisions Cary Ann Medlin is one which is too gruesome preservation of the American constitutional of three judge courts are heard on an expe- and too cruel to recount fully and I won't fur- system. dited basis by the Supreme Court without the ther their suffering by a detailed accountÐnei- That is why I am so strongly opposed to benefit of circuit court review, the laws of ther would Charlotte want me to. She is not an H.R. 1252. It is simply wrong to manipulate those states where the referendum and initia- avenging mother, but a compassionate con- court jurisdiction and procedure as this bill tive processes do not exist could be placed at cerned woman who wants justice for not only would do to try to make it more or less likely a disadvantage. Why would we do that? herself, but all victims of crime. that the federal courts will reach particular re- In all of these instances, I believe the legis- On September 1, 1979 her daughter Cary sults. lation before us threatens the independence of Ann Medlin, age 9, went out to ride her bicycle I am particularly concerned that H.R. 1252 the federal judiciary and imposes increased for a few minutes before dinner. Charlotte seeks to strip the remedial power of the fed- delays and costs for our constituents who never saw her alive again. A man, by his own eral courts, to the detriment of all Americans. seek recourse in the federal courts. This legis- confession, brutally raped, sodomized, and By prohibiting a federal district court from en- lation endangers the balance among the murdered her small child. This man was tering any order or approving any settlement branches of government so carefully wrought brought to trial in 1981 and sentenced to two that could require a state or local government by the Founding Fathers and threatens the life sentences and death by electrocution. This to raise taxesÐand applying this provision to vindication of our constitutional rights. I urge case was appealed in all the appropriate state pending cases, to bootÐthe bill deprives all its defeat. courts. Americans of effective recourse for the vindi- Mr. PACKARD. Mr. Chairman, today we will In 1992 this killer, filed his second petition cation of their rights under federal law. As crit- consider the Judicial Reform Act, a piece of for habeas corpus relief in the federal court. In ics have noted, Brown v. Board of Education legislation that will curb judicial activism by re- December of 1996, after being reprimanded required expenditures to desegregate the pub- straining judges who use their authority to ad- for delay by the chief judge of the district, the lic schools. Would the proponents of this bill vance political agenda rather than uphold the judge finally ruled on this case after having it suggest that the authority of the federal courts laws set forth in the Constitution. As it stands in his court for 4 years and 10 months. should have been limited to declaring seg- now, federal, district and circuit court judges While this one woman's ordeal through the regation unconstitutional, and the courts yield an enormous amount of power, and yet federal court system has made the constitu- barred from ordering desegregation? are accountable to no one. They are not elect- ents of my district question our judicial system And on the very week that we celebrate ed, but are appointed for life. and rightly so, Charlotte did not come to Earth Day, please do not tell me that we are Judicial activism has taken its hold through- Washington to testify about an isolated, single going to deprive the federal judiciary of the out the country. Recently, a federal judge in case. ability to effectively enforce the nation's envi- California declared State proposition 187 un- This federal judge in the middle district of ronmental laws. For all these reasons, I urge constitutional, succumbing to political pres- Tennessee, after very lengthy delays, has support for the amendment to be offered by sures rather than preserving the liberties of overturned 100% of all death penalty cases on our colleagues Mr. DELAHUNT and Mr. BOEH- law-abiding citizens. Now illegal immigrants which he has reached a final decision. Five to LERT to strike Section 5 of the bill. will enjoy public benefits at the expense of ten years is the norm in this judges court and I also note with great concern that Section American taxpayers. Proposition 187 was a in my view this is unacceptable. This judge 6 of the bill would grant parties in federal court ballot initiative that was studied and passed by delayed eight capital cases a combined total the right to remove the judge randomly as- voters in California. One individual had the of over 66 years. The citizens of Tennessee are concerned signed to their case. Because due process power to overturn a statute that was agreed that since the reinstatement of the death pen- guarantees an impartial judge, under current upon by a majority of the electorate. Mr. alty in 1977, this judge has received almost law a party can seek to remove a judge for Speaker, this is not democratic and it is far 100% of the cases prior to 1990. He did not bias or prejudice. But to go further and allow from constitutional! peremptory strikes is to ``replace the traditional The Judicial Reform Act will restrict judges transfer the cases back to the district of origin, process with a dangerous alternative. * * * who practice judicial activism, designating a nor did he recuse himself in hearing the We would be wrong to buy into a proposed re- panel of judges to review U.S. district court cases. The lengthy and constant delays in form whose basic effect is to influence judges decisions when they may be perceived as un- these capital cases has resulted in the victims through considerations extrinsic to the merits constitutional. Establishing new rules is the of crime being denied justice. That is wrong; of a case.'' That is the analysis of the eminent only way to halt this growing problem. Mr. that is an injustice; and I support this section Chief Judge of the 4th Circuit, J. Harvie Speaker, I urge my colleagues to take a closer as a minor response to a grave injustice which Wilkinson, widely viewed as a conservative look at how judicial activism is negatively im- if left unchecked could threaten the very credi- Republican jurist. Why would we seek to intro- pacting their constituents and to support the bility of the judiciary. Again, I thank the Subcommittee for hearing duce strategic judge-shopping based on a Judicial Reform Act. the testimony of Mrs. Charlotte Stout from judge's race, gender, or experience before Mr. TANNER. Mr. Chairman, I rise today to Greenfield, Tennessee and the mother of Cary taking the bench, into what is now the impec- bring to the attention of my colleagues a par- Ann Medlin. cably random assignment of judges to cases, ticular provision of H.R. 1252Ðsection seven: HOUSE SUBCOMMITTEE ON COURTS AND INTEL- and in so doing risk chilling decisionmaking in random assignment of habeas corpus cases. LECTUAL PROPERTIES—SUMMARY OF WRIT- This section was added to the bill as a re- difficult cases? TEN TESTIMONY BY CHARLOTTE STOUT, MAY I am heartened that my neighbor and col- sult of the testimony of one of my constituents, 15, 1997 league form California, Mr. ROGAN, will join in Mrs. Charlotte Stout of Greenfield, Tennessee. I am not here today as an avenging moth- seeking to strike Section 6 later today. In light I'd like to submit the testimony of Mrs. Stout er. I am not here because a Federal Judge of his experience as a judge, I hope my col- for the record since I can't hope to duplicate overturned one isolated death penalty case. leagues will carefully consider the concerns her eloquent effort. If that were the case, you could discredit me which prompt him to offer his amendment. Before I begin, let me first say that I under- as an emotional extremist and I would be I also want to make note of Section 2 of the stand the difficulty facing this House in that ju- wasting this committee’s and my time. I rep- bill, which would bring back into federal judi- dicial independence is a cornerstone of our resent almost 27,000 others who are con- cial practice a mechanism largely discarded by democracy; but independence does not mean cerned with and perceive a grave miscarriage of justice in Tennessee. The source of our Congress in 1976 as inefficient and unwieldy, that we as a co-equal branch of government concern is life-time appointed Federal Judge namely three judge panels in the district court. abdicate all responsibility for seeing that jus- John Nixon of the Middle Tennessee District. Section 2 would require a three judge court in tice is done in this country. This House has Judge Nixon has delayed eight counted all cases involving constitutional challenges to heard all to often that justice delayed is justice death penalty cases a compiled total of 65 state referenda and initiatives. The authority of denied. This is yet another unfortunate inci- years and 7 months. He has then overturned the federal judiciary to hear and decide con- dent where this valid statement applies. I be- 100% of all death penalty cases on which he stitutional questions, including challenges to lieve we do have a solemn duty to respond to has reached a final decision. If our concern stemmed from one isolated decision, then I state laws, should not turn on whether the injustice whenever and wherever we can. would also call attention to Judge Morton of challenged law was enacted by a state legisla- This section is a response to an injustice Middle Tennessee who has also overturned a ture or by a state's voters. Indeed, Section 2 and I commend Chairman COBLE and his staff death penalty case. Our concerns stems from would create the anomalous result that iden- for working diligently with me and Mr. several reasons, not just Judge Nixon’s deci- tical laws adopted by two different states DELAHUNT to add this important provision. sion on one case. We are concerned with the April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2253 consistency with which Judge Nixon makes liam Rehnquist said to the Washington Col- or other measure of a State that has the force of his decisions. We are concerned about the in- lege of Law, ‘‘It would be a mistake to think law, and any amendment thereto; ordinate delays on death penalty cases in his that just because a certain kind of judicial (3) the term ‘‘referendum’’ means the submis- court. We are concerned because of his mis- business has always been conducted in a par- sion to popular vote, by the voters of the State, conduct in office by accepting an award from ticular way in the past, it therefore ought to of a measure passed upon or proposed by a leg- a group who has a previously stated con- be conducted that way in the future.’’ islative body or by popular initiative; and troversial point of view on a legal issue. We We, the people, have only one voice, the (4) the term ‘‘anticipatory relief’’ means an in- are concerned with the amount of financial voice of our elected Representatives. terlocutory or permanent injunction or a declar- reimbursement he has authorized in capital The CHAIRMAN. All time has ex- atory judgment. cases. We are concerned that since the rein- pired. (c) EFFECTIVE DATE.—This section applies to statement of capital punishment in Ten- The amendment in the nature of a any application for anticipatory relief that is nessee in 1977, Judge Nixon received almost substitute printed in the bill, modified filed on or after the date of the enactment of 100% of the cases prior to 1990. He did not by striking section 9 and redesignating this Act. transfer the cases back to the district of ori- SEC. 3. INTERLOCUTORY APPEALS OF COURT OR- gin, nor did he recuse himself from hearing each succeeding section accordingly, shall be considered by sections as an DERS RELATING TO CLASS ACTIONS. the cases. And finally, we are concerned (a) INTERLOCUTORY APPEALS.—Section 1292(b) about the system for filing judicial com- original bill for the purpose of amend- of title 28, United States Code, is amended— plaints. Twelve (12) complaints were offi- ment. Pursuant to the rule, each sec- (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and cially filed against Judge Nixon in the 6th tion is considered as read. (2) by adding at the end the following: Circuit Court. These were reviewed by a During consideration of the bill for ‘‘(2) A party to an action in which the district judge who is his peer and social acquaint- amendment, the Chair may accord pri- court has made a determination of whether the ance. action may be maintained as a class action may From the Governor, (and past Governor) to ority in recognition to a Member offer- make application for appeal of that determina- the ‘‘blue-collar’’ workers, from East Ten- ing an amendment that he has printed tion to the court of appeals which would have nessee to West Tennessee, thousands believe in the designated place in the CONGRES- jurisdiction of an appeal of that action. The that Judge Nixon is opposed to capital pun- SIONAL RECORD. Those amendments court of appeals may, in its discretion, permit ishment and is allowing his personal convic- will be considered as read. the appeal to be taken from such determination tions to obstruct the law of the State of Ten- The Chairman of the Committee of nessee. Tennessee Senate Joint Resolution 41 if the application is made within 10 days after the Whole may postpone a request for a the entry of the court’s determination relating has been proposed by Senator Tommy Burks recorded vote on any amendment, and which is a resolution memorializing the U.S. to the class action. Application for an appeal Congress to initiate impeachment proceed- may reduce to a minimum of 5 minutes under this paragraph shall not stay proceedings ings against U.S. District Court Judge John the time for voting on any postponed in the district court unless the district judge or T. Nixon. We believe, Judge Nixon who is ap- question that immediately follows an- the court of appeals or a judge thereof shall so pointed for a life-time term, will continue to other vote, provided that the time for order.’’. overturn death penalty convictions and (b) EFFECTIVE DATE.—The amendment made voting on the first question shall be a by subsection (a) applies to any action com- order new trials, if he is allowed to continue minimum of 15 minutes. in his historic path. I cannot begin to elabo- menced on or after the date of the enactment of The Clerk will designate section 1. this Act. rate on the number of newspaper editorials, The text of section 1 is as follows: TV news segments, and public commentaries SEC. 4. PROCEEDINGS ON COMPLAINTS AGAINST Be it enacted by the Senate and House of Rep- JUDICIAL CONDUCT. that have been expressed against Judge resentatives of the United States of America in (a) REFERRAL OF PROCEEDINGS TO ANOTHER Nixon. A Federal Judge, who is appointed for Congress assembled, life is holding the citizens of Tennessee ‘‘hos- JUDICIAL CIRCUIT OR COURT.—Section 372(c) of SECTION 1. SHORT TITLE. tage’’ to his conscientious beliefs. He does title 28, United States Code, is amended— This Act may be cited as the ‘‘Judicial Reform have the right to his beliefs. No one disputes (1) in paragraph (1) by adding at the end the Act of 1998’’. that. But when those beliefs interfere with following: ‘‘In the case of a complaint so identi- the administration of justice and the per- The CHAIRMAN. Are there any fied, the chief judge shall notify the clerk of the formance of his duties as an officer of the amendments to section 1? court of appeals of the complaint, together with court, he should be removed or at the very Mr. COBLE. Mr. Chairman, I ask a brief statement of the facts underlying the least restrained. Capital punishment has unanimous consent that the remainder complaint.’’; been ruled to be constitutionally appro- of the amendment in the nature of a (2) in paragraph (2) in the second sentence by priate. How then, can one individual be al- substitute, as modified, be printed in inserting ‘‘or statement of facts underlying the lowed to hold his beliefs above the law be- complaint (as the case may be)’’ after ‘‘copy of the RECORD and open to amendment at cause he is a Federal Judge? He is frustrat- the complaint’’; ing the entire legal system in our state. To any point. (3) in paragraph (3)— what purpose do our law enforcement offi- The CHAIRMAN. Is there objection (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; cers, prosecuting attorneys, Judges and to the request of the gentleman from (B) by striking ‘‘may—’’ and all that follows courts spend countless hours and taxpayer North Carolina? through the end of subparagraph (B) and in- dollars to bring criminals to swift and sound There was no objection. serting the following: ‘‘may dismiss the com- justice. How can due process be served when The text of the remainder of the plaint if the chief judge finds it to be— delays of 10 years exist in one court? A fair amendment in the nature of a sub- ‘‘(i) not in conformity with paragraph (1); trial after two decades will be impossible for stitute, as modified, is as follows: ‘‘(ii) directly related to the merits of a decision any of these cases. What a tragedy if any one SEC. 2. 3-JUDGE COURT FOR ANTICIPATORY RE- or procedural ruling; or of these men is innocent. What a tragedy if LIEF. ‘‘(iii) frivolous.’’; and they are guilty and allowed to abuse the sys- (a) REQUIREMENT OF 3-JUDGE COURT.—Any (C) by adding at the end the following: tem. What a tragedy if a Federal Judge is al- application for anticipatory relief against the ‘‘(B) If the chief judge does not enter an order lowed flagrant misconduct in office and our enforcement, operation, or execution of a State under subparagraph (A), then the complaint or elected Representatives refuse to act for the law adopted by referendum shall not be granted (in the case of a complaint identified under sake of protecting the independence of the by a United States district court or judge thereof paragraph (1)) the statement of facts underlying judiciary. The framers of our Constitution upon the ground that the State law is repug- the complaint shall be referred to the chief judge surely never intended for one branch of the nant to the Constitution, treaties, or laws of the of another judicial circuit for proceedings under government to act completely independent United States unless the application for antici- this subsection (hereafter in this subsection re- of the other two branches. If that were the patory relief is heard and determined by a court ferred to as the ‘chief judge’), in accordance case, there would be no true system of of 3 judges in accordance with section 2284 of with a system established by rule by the Judicial checks and balances. title 28, United States Code. Any appeal of a de- Conference, which prescribes the circuits to We realize that only 15 judges have ever termination on such application shall be to the which the complaints will be referred. The Judi- been brought up on impeachment charges Supreme Court. In any case to which this sec- cial Conference shall establish and submit to the and only seven of them have been convicted tion applies, the additional judges who will Congress the system described in the preceding and removed from the bench. We realize the serve on the 3-judge court shall be designated sentence not later than 180 days after the date grounds for impeachment are complex. The under section 2284(b)(1) of title 28, United States of the enactment of the Judicial Reform Act of Constitution sets the framework for im- Code, as soon as practicable, and the court shall 1998. peachment and defines an impeachable of- expedite the consideration of the application for ‘‘(C) After expeditiously reviewing the com- fense as ‘‘High crimes or misdemeanors’’ but anticipatory relief. plaint, the chief judge may, by written order ex- also states that judges who have lifetime ap- (b) DEFINITIONS.—As used in this section— plaining the chief judge’s reasons, conclude the pointments must be of ‘‘good behavior’’. Our (1) the term ‘‘State’’ means each of the several proceeding if the chief judge finds that appro- elected Representatives can define the pa- States and the District of Columbia; priate corrective action has been taken or that rameters of good behavior. On April 9, 1996, (2) the term ‘‘State law’’ means the constitu- action on the complaint is no longer necessary Chief Justice of the U.S. Supreme Court Wil- tion of a State, or any statute, rule, regulation, because of intervening events.’’; H2254 CONGRESSIONAL RECORD — HOUSE April 23, 1998 (4) in paragraph (4)— ‘‘(2) The limitation contained in paragraph (1) sidered to be a statute of the District of Colum- (A) by striking ‘‘paragraph (3)’’ and inserting shall apply only to any order or settlement bia.’’. ‘‘paragraph (3)(C)’’; and which— (b) CONFORMING AMENDMENT.—The table of (B) in subparagraph (A) by inserting ‘‘(to ‘‘(A) expressly directs any State, or political contents for chapter 85 of title 28, United States which the complaint or statement of facts un- subdivision of a State, to impose, increase, levy, Code, is amended by adding after the item relat- derlying the complaint is referred)’’ after ‘‘the or assess any tax; or ing to section 1368 the following new item: circuit’’; ‘‘(B) will necessarily require a State, or politi- ‘‘1369. Limitation on Federal court remedies.’’. (5) in paragraph (5)— cal subdivision of a State, to impose, increase, (A) in the first sentence by inserting ‘‘to (c) STATUTORY CONSTRUCTION.—Nothing con- levy, or assess any tax. tained in this section or the amendments made which the complaint or statement of facts un- ‘‘(3) If the court finds that the conditions set by this section shall be construed to make legal, derlying the complaint is referred’’ after ‘‘the forth in paragraph (1) have been satisfied, it validate, or approve the imposition of a tax, circuit’’; and shall enter an order incorporating that finding, levy, or assessment by a United States district (B) in the second sentence by striking ‘‘the and that order shall be subject to immediate in- court or a spending measure required by a circuit’’ and inserting ‘‘that circuit’’; terlocutory de novo review. United States district court. (6) in the first sentence of paragraph (15) by ‘‘(4) A remedy permitted under paragraph (1) (d) EFFECTIVE DATE.—This section and the inserting before the period at the end the follow- shall not extend beyond the case or controversy amendments made by this section shall apply ing: ‘‘in which the complaint was filed or identi- before the court. with respect to any action or other proceeding fied under paragraph (1)’’; and ‘‘(5)(A) Notwithstanding any law or rule of (7) by amending paragraph (18) to read as fol- in a Federal court that is pending on, or com- procedure, any person or entity whose tax li- lows: menced on or after, the date of the enactment of ability would be directly affected by the imposi- ‘‘(18) The Judicial Conference shall prescribe this Act, and the 1-year limitation set forth in tion of a tax under paragraph (1) shall have the rules, consistent with the preceding provisions subsection (b) of section 1369 of title 28, United right to intervene in any proceeding concerning of this subsection— States Code, as added by this section, shall the imposition of the tax, except that the court ‘‘(A) establishing procedures for the filing of apply to any court order or settlement described may deny intervention if it finds that the inter- complaints with respect to the conduct of any in subsection (a)(1) of such section 1369, that is est of that person or entity is adequately rep- judge of the United States Court of Federal in effect on the date of the enactment of this resented by existing parties. Claims, the Court of International Trade, or the Act. Court of Appeals for the Federal Circuit, and ‘‘(B) A person or entity that intervenes pursu- ant to subparagraph (A) shall have the right SEC. 6. REASSIGNMENT OF CASE AS OF RIGHT. for the investigation and resolution of such com- (a) IN GENERAL.—Chapter 21 of title 28, plaints; and to— ‘‘(i) present evidence and appear before the United States Code, is amended by adding at the ‘‘(B) establishing a system for referring com- end the following: plaints filed with respect to the conduct of a court to present oral and written testimony; and judge of any such court to any of the first elev- ‘‘(ii) appeal any finding required to be made ‘‘§ 464. Reassignment of cases upon motion by en judicial circuits or to another court for inves- by this section, or any other related action a party tigation and resolution. taken to impose, increase, levy, or assess the tax ‘‘(a) UPON MOTION.—(1) If all parties on one that is the subject of the intervention. The Judicial Conference shall establish and sub- side of a civil case to be tried in a United States ‘‘(b) TERMINATION OF ORDERS.—Notwith- mit to the Congress the system described in sub- district court described in subsection (e) bring a standing any law or rule of procedure, any motion to reassign the case, the case shall be re- paragraph (B) not later than 180 days after the order of, or settlement approved by, a district date of the enactment of the Judicial Reform Act assigned to another appropriate judicial officer. court requiring the imposition, increase, levy, or Each side shall be entitled to one reassignment of 1998.’’. assessment of a tax pursuant to subsection (b) DISCLOSURE OF INFORMATION.—Section without cause as a matter of right. (a)(1) shall automatically terminate or expire on 372(c)(14) of title 28, United States Code, is ‘‘(2) If any question arises as to which parties the date that is— amended— should be grouped together as a side for pur- ‘‘(1) 1 year after the date of the imposition of (1) in subparagraph (B) by striking ‘‘or’’ after poses of this section, the chief judge of the court the tax; or the semicolon; of appeals for the circuit in which the case is to (2) in subparagraph (C) by striking the period ‘‘(2) an earlier date, if the court determines be tried, or another judge of the court of appeals at the end and inserting ‘‘; or’’; and that the deprivation of rights that is addressed designated by the chief judge, shall determine (3) by adding after subparagraph (C) the fol- by the order or settlement has been cured to the that question. lowing: extent practicable. ‘‘(b) REQUIREMENTS FOR BRINGING MOTION.— ‘‘(D) such disclosure is made to another agen- Any new such order or settlement relating to the (1) Subject to paragraph (2), a motion to reas- cy or instrumentality of any governmental juris- same issue is subject to all the requirements of sign under this section shall not be entertained diction within or under the control the United this section. unless it is brought, not later than 20 days after States for a civil or criminal law enforcement ‘‘(c) PREEMPTION.—This section shall not be notice of the original assignment of the case, to activity authorized by law.’’. construed to preempt any law of a State or po- the judicial officer to whom the case is assigned (c) EFFECTIVE DATE.—The amendments made litical subdivision thereof that imposes limita- for the purpose of hearing or deciding any mat- by subsection (a) apply to complaints filed on or tions on, or otherwise restricts the imposition of, ter. Such motion shall be granted if— after the 180th day after the date of the enact- a tax, levy, or assessment that is imposed in re- ‘‘(A) it is presented before trial or hearing be- ment of this Act. sponse to a court order or settlement referred to gins and before the judicial officer to whom it is SEC. 5. LIMITATION ON COURT-IMPOSED TAXES. in subsection (b). presented has ruled on any substantial issue in (a) LIMITATION.—Chapter 85 of title 28, United ‘‘(d) ADDITIONAL RESTRICTIONS ON COURT AC- the case, or States Code, is amended by adding at the end TION.—(1) Except as provided in paragraph (2), ‘‘(B) it is presented by consent of the parties the following new section: nothing in this section may be construed to on all sides. ‘‘§ 1369. Limitation on Federal court remedies allow a Federal court to, for the purpose of ‘‘(2) Notwithstanding paragraph (1)— ‘‘(A) a party joined in a civil action after the ‘‘(a) LIMITATION ON COURT-IMPOSED TAXES.— funding the administration of an order or settle- (1) No district court may enter any order or ap- ment referred to in subsection (b), use funds ac- initial filing may, with the concurrence of the prove any settlement that requires any State, or quired by a State or political subdivision thereof other parties on the same side, bring a motion political subdivision of a State, to impose, in- from a tax imposed by the State or political sub- under this section within 20 days after the serv- crease, levy, or assess any tax, unless the court division thereof. ice of the complaint on that party; ‘‘(B) a party served with a supplemental or finds by clear and convincing evidence, that— ‘‘(2) Paragraph (1) does not apply to any tax, ‘‘(A) there are no other means available to levy, or assessment that may, in accordance amended complaint or a third-party complaint remedy the deprivation of a right under the with applicable State or local law, be used to in a civil action may, with the concurrence of Constitution of the United States; fund the actions of a State or political subdivi- the other parties on the same side, bring a mo- ‘‘(B) the proposed imposition, increase, levy- sion thereof in meeting the requirements of an tion under this section within 20 days after serv- ing, or assessment is narrowly tailored to rem- order or settlement referred to in subsection (b). ice on that party of the supplemental, amended, edy the specific deprivation at issue so that the ‘‘(e) NOTICE TO STATES.—The court shall pro- or third-party complaint; and remedy imposed is directly related to the harm vide written notice to a State or political sub- ‘‘(C) rulings in a case by the judicial officer caused by the deprivation; division thereof subject to an order or settlement on any substantial issue before a party who has ‘‘(C) the tax will not contribute to or exacer- referred to in subsection (b) with respect to any not been found in default enters an appearance bate the deprivation intended to be remedied; finding required to be made by the court under in the case shall not be grounds for denying an ‘‘(D) plans submitted to the court by State subsection (a). Such notice shall be provided be- otherwise timely and appropriate motion and local authorities will not effectively redress fore the beginning of the next fiscal year of that brought by that party under this section. the deprivations at issue; State or political subdivision occurring after the ‘‘(3) No motion under this section may be ‘‘(E) the interests of State and local authori- order or settlement is issued. brought by the party or parties on a side in a ties in managing their affairs are not usurped, ‘‘(f) SPECIAL RULES.—For purposes of this sec- case if any party or parties on that side have in violation of the Constitution, by the proposed tion— previously brought a motion to reassign under imposition, increase, levying, or assessment; and ‘‘(1) the District of Columbia shall be consid- this section in that case. ‘‘(F) the proposed tax will not result in the ered to be a State; and ‘‘(c) COSTS OF TRAVEL TO NEW LOCATION.—(1) loss or depreciation of property values of the ‘‘(2) any Act of Congress applicable exclu- If a motion to reassign brought under this sec- taxpayers who are affected. sively to the District of Columbia shall be con- tion requires a change in location for purposes April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2255

of appearing before a newly assigned judicial proceeding concerned. In proceedings in which ‘‘(d) NOTIFICATION OF JUDICIAL PANEL ON officer, the party or parties bringing the motion more than one judge participates, the presiding MULTIDISTRICT LITIGATION.—A district court in shall pay the reasonable costs incurred by the judge shall be the senior active judge so partici- which an action under this section is pending parties on different sides of the case in travel- pating or, in the case of a circuit court of ap- shall promptly notify the judicial panel on ling to the new location for all matters associ- peals, the senior active circuit judge so partici- multidistrict litigation of the pendency of the ated with the case requiring an appearance at pating, except that— action.’’. the new location. In a case in which both sides (A) in en banc sittings of any United States (2) CONFORMING AMENDMENT.—The table of bring a motion to reassign under this section circuit court of appeals, the presiding judge sections at the beginning of chapter 85 of title that requires a change in location, the party or shall be the chief judge of the circuit whenever 28, United States Code, is amended by adding at parties bringing the motions on both sides shall the chief judge participates; and the end the following new item: split the travelling costs referred to in the pre- (B) in en banc sittings of the Supreme Court ‘‘1370. Multiparty, multiforum jurisdiction.’’. ceding sentence. of the United States, the presiding judge shall (b) VENUE.—Section 1391 of title 28, United ‘‘(2) For parties financially unable to obtain be the Chief Justice whenever the Chief Justice States Code, is amended by adding at the end adequate representation, the Government shall participates. the following: pay the reasonable costs under paragraph (1). (2) APPELLATE COURT OF THE UNITED ‘‘(g) A civil action in which jurisdiction of the ‘‘(d) DEFINITION.—As used in this section, the STATES.—The term ‘‘appellate court of the district court is based upon section 1370 of this term ‘appropriate judicial officer’ means— United States’’ means any United States circuit title may be brought in any district in which ‘‘(1) a United States magistrate judge in a court of appeals and the Supreme Court of the any defendant resides or in which a substantial case referred to such a magistrate judge; and United States. part of the accident giving rise to the action ‘‘(2) a United States district court judge in (e) SUNSET.—The authority under subsection took place.’’. any other case before a United States district (b) shall terminate on the date that is 3 years (c) MULTIDISTRICT LITIGATION.—Section 1407 court. after the date of the enactment of this Act. ‘‘(e) DISTRICT COURTS THAT MAY AUTHORIZE of title 28, United States Code, is amended by SEC. 9. MULTIPARTY, MULTIFORUM JURISDIC- adding at the end the following: REASSIGNMENT.—The district courts referred to TION OF DISTRICT COURTS. in subsection (a) are the district courts for the ‘‘(i)(1) In actions transferred under this sec- (a) BASIS OF JURISDICTION.— tion when jurisdiction is or could have been 21 judicial districts for which the President is di- (1) IN GENERAL.—Chapter 85 of title 28, United rected to appoint the largest numbers of perma- based, in whole or in part, on section 1370 of States Code, is amended by adding at the end this title, the transferee district court may, not- nent judges. the following new section: ‘‘(f) 3-JUDGE COURT CASES EXCLUDED.—This withstanding any other provision of this sec- section shall not apply to any civil action re- ‘‘§ 1370. Multiparty, multiforum jurisdiction tion, retain actions so transferred for the deter- quired to be heard and determined by a district ‘‘(a) IN GENERAL.—The district courts shall mination of liability and punitive damages. An court of 3 judges.’’. have original jurisdiction of any civil action in- action retained for the determination of liability (b) CLERICAL AMENDMENT.—The table of con- volving minimal diversity between adverse par- shall be remanded to the district court from tents for chapter 21 of title 28, United States ties that arises from a single accident, where at which the action was transferred, or to the Code, is amended by adding at the end the fol- least 25 natural persons have either died or in- State court from which the action was removed, lowing new item: curred injury in the accident at a discrete loca- for the determination of damages, other than ‘‘464. Reassignment of cases upon motion by a tion and, in the case of injury, the injury has punitive damages, unless the court finds, for the party.’’. resulted in damages which exceed $50,000 per convenience of parties and witnesses and in the person, exclusive of interest and costs, if— interest of justice, that the action should be re- (c) MONITORING.—The Federal Judicial Center tained for the determination of damages. shall monitor the use of the right to bring a mo- ‘‘(1) a defendant resides in a State and a sub- ‘‘(2) Any remand under paragraph (1) shall tion to reassign a case under section 464 of title stantial part of the accident took place in an- not be effective until 60 days after the transferee 28, United States Code, as added by subsection other State or other location, regardless of court has issued an order determining liability (a) of this section, and shall report annually to whether that defendant is also a resident of the and has certified its intention to remand some or the Congress its findings on the basis of such State where a substantial part of the accident all of the transferred actions for the determina- monitoring. took place; ‘‘(2) any two defendants reside in different tion of damages. An appeal with respect to the (d) SUNSET.—Effective 5 years after the date of the enactment of this Act, section 464 of title States, regardless of whether such defendants liability determination and the choice of law de- 28, United States Code, and the item relating to are also residents of the same State or States; or termination of the transferee court may be taken that section in the table of contents for chapter ‘‘(3) substantial parts of the accident took during that 60-day period to the court of ap- 21 of such title, are repealed, except that such place in different States. peals with appellate jurisdiction over the trans- repeal shall not affect civil cases reassigned ‘‘(b) SPECIAL RULES AND DEFINITIONS.—For feree court. In the event a party files such an under such section 464 before the date of repeal. purposes of this section— appeal, the remand shall not be effective until ‘‘(1) minimal diversity exists between adverse the appeal has been finally disposed of. Once SEC. 7. RANDOM ASSIGNMENT OF HABEAS COR- PUS CASES. parties if any party is a citizen of a State and the remand has become effective, the liability Section 2241 of title 28, United States Code, is any adverse party is a citizen of another State, determination and the choice of law determina- amended by adding at the end the following: a citizen or subject of a foreign state, or a for- tion shall not be subject to further review by ap- ‘‘(e) Applications for writs of habeas corpus eign state as defined in section 1603(a) of this peal or otherwise. received in or transferred to a district court title; ‘‘(3) An appeal with respect to determination shall be randomly assigned to the judges of that ‘‘(2) a corporation is deemed to be a citizen of of punitive damages by the transferee court may court.’’. any State, and a citizen or subject of any for- be taken, during the 60-day period beginning on eign state, in which it is incorporated or has its the date the order making the determination is SEC. 8. AUTHORITY OF PRESIDING JUDGE TO ALLOW MEDIA COVERAGE OF APPEL- principal place of business, and is deemed to be issued, to the court of appeals with jurisdiction LATE COURT PROCEEDINGS. a resident of any State in which it is incor- over the transferee court. (a) AUTHORITY OF APPELLATE COURTS.—Not- porated or licensed to do business or is doing ‘‘(4) Any decision under this subsection con- withstanding any other provision of law, the business; cerning remand for the determination of dam- presiding judge of an appellate court of the ‘‘(3) the term ‘injury’ means— ages shall not be reviewable by appeal or other- United States may, in his or her discretion, per- ‘‘(A) physical harm to a natural person; and wise. mit the photographing, electronic recording, ‘‘(B) physical damage to or destruction of tan- ‘‘(5) Nothing in this subsection shall restrict broadcasting, or televising to the public of court gible property, but only if physical harm de- the authority of the transferee court to transfer proceedings over which that judge presides. scribed in subparagraph (A) exists; or dismiss an action on the ground of inconven- (b) AUTHORITY OF DISTRICT COURTS.—Not- ‘‘(4) the term ‘accident’ means a sudden acci- ient forum.’’. withstanding any other provision of law, any dent, or a natural event culminating in an acci- (d) REMOVAL OF ACTIONS.—Section 1441 of presiding judge of a district court of the United dent, that results in death or injury incurred at title 28, United States Code, is amended— States may, in his or her discretion, permit the a discrete location by at least 25 natural per- (1) in subsection (e) by striking ‘‘(e) The court photographing, electronic recording, broadcast- sons; and to which such civil action is removed’’ and in- ing, or televising to the public of court proceed- ‘‘(5) the term ‘State’ includes the District of serting ‘‘(f) The court to which a civil action is ings over which that judge presides. Columbia, the Commonwealth of Puerto Rico, removed under this section’’; and (c) ADVISORY GUIDELINES.—The Judicial Con- and any territory or possession of the United (2) by inserting after subsection (d) the follow- ference of the United States is authorized to States. ing new subsection: promulgate advisory guidelines to which a pre- ‘‘(c) INTERVENING PARTIES.—In any action in ‘‘(e)(1) Notwithstanding the provisions of sub- siding judge, in his or her discretion, may refer a district court which is or could have been section (b) of this section, a defendant in a civil in making decisions with respect to the manage- brought, in whole or in part, under this section, action in a State court may remove the action to ment and administration of photographing, re- any person with a claim arising from the acci- the district court of the United States for the cording, broadcasting, or televising described in dent described in subsection (a) shall be per- district and division embracing the place where subsections (a) and (b). mitted to intervene as a party plaintiff in the the action is pending if— (d) DEFINITIONS.—As used in this section: action, even if that person could not have ‘‘(A) the action could have been brought in a (1) PRESIDING JUDGE.—The term ‘‘presiding brought an action in a district court as an origi- United States district court under section 1370 of judge’’ means the judge presiding over the court nal matter. this title, or H2256 CONGRESSIONAL RECORD — HOUSE April 23, 1998

‘‘(B) the defendant is a party to an action importance with respect to the particular action. (b) EFFECTIVE DATE.—The amendments made which is or could have been brought, in whole If good cause is shown in exceptional cases, in- by subsection (a) take effect on the date of the or in part, under section 1370 in a United States cluding constitutional reasons, the court may enactment of this Act and apply to any adminis- district court and arises from the same accident allow the law of more than one State to be ap- trative or judicial proceeding pending on that as the action in State court, even if the action plied with respect to a party, claim, or other ele- date or commenced on or after that date. to be removed could not have been brought in a ment of an action. The CHAIRMAN. Are there any district court as an original matter. ‘‘(b) ORDER DESIGNATING CHOICE OF LAW.— amendments to the bill? The removal of an action under this subsection The district court making the determination AMENDMENT OFFERED BY MR. COBLE shall be made in accordance with section 1446 of under subsection (a) shall enter an order des- this title, except that a notice of removal may ignating the single jurisdiction whose sub- Mr. COBLE. Mr. Chairman, I offer an also be filed before trial of the action in State stantive law is to be applied in all other actions amendment. court within 30 days after the date on which the under section 1370 arising from the same acci- The Clerk read as follows: defendant first becomes a party to an action dent as that giving rise to the action in which Amendment offered by Mr. COBLE: under section 1370 in a United States district the determination is made. The substantive law Add the following at the end: court that arises from the same accident as the of the designated jurisdiction shall be applied to SEC. 11. EXTENSION OF JUDICIARY INFORMA- action in State court, or at a later time with the parties and claims in all such actions before TION TECHNOLOGY FUND. leave of the district court. the court, and to all other elements of each ac- Section 612 of title 28, United States Code, ‘‘(2) Whenever an action is removed under this tion, except where Federal law applies or the is amended— subsection and the district court to which it is order specifically provides for the application of (1) by striking ‘‘equipment’’ each place it removed or transferred under section 1407(i) has the law of another jurisdiction with respect to a appears and inserting ‘‘resources’’; made a liability determination requiring further party, claim, or other element of an action. (2) by striking subsection (f) and redesig- proceedings as to damages, the district court ‘‘(c) CONTINUATION OF CHOICE OF LAW AFTER nating subsequent subsections accordingly; shall remand the action to the State court from REMAND.—In an action remanded to another (3) in subsection (g), as so redesignated, by which it had been removed for the determina- district court or a State court under section striking paragraph (3); and tion of damages, unless the court finds that, for 1407(i)(1) or 1441(e)(2) of this title, the district (4) in subsection (i), as so redesignated— the convenience of parties and witnesses and in court’s choice of law under subsection (b) shall (A) by striking ‘‘Judiciary’’ each place it the interest of justice, the action should be re- continue to apply.’’. appears and inserting ‘‘judiciary’’; tained for the determination of damages. (2) CONFORMING AMENDMENT.—The table of (B) by striking ‘‘subparagraph (c)(1)(B)’’ ‘‘(3) Any remand under paragraph (2) shall sections at the beginning of chapter 111 of title and inserting ‘‘subsection (c)(1)(B)’’; and not be effective until 60 days after the district 28, United States Code, is amended by adding at (C) by striking ‘‘under (c)(1)(B)’’ and in- court has issued an order determining liability the end the following new item: serting ‘‘under subsection (c)(1)(B)’’. and has certified its intention to remand the re- ‘‘1660. Choice of law in multiparty, multiforum SEC. 12. OFFSETTING RECEIPTS. moved action for the determination of damages. actions.’’. For fiscal year 1999 and thereafter, any An appeal with respect to the liability deter- (f) SERVICE OF PROCESS.— portion of miscellaneous fees collected as mination and the choice of law determination of (1) OTHER THAN SUBPOENAS.—(A) Chapter 113 prescribed by the Judicial Conference of the the district court may be taken during that 60- of title 28, United States Code, is amended by United States pursuant to sections 1913, day period to the court of appeals with appel- adding at the end the following new section: 1914(b), 1926(a), 1930(b), and 1932 of title 28, late jurisdiction over the district court. In the ‘‘§ 1697. Service in multiparty, multiforum ac- United States Code, exceeding the amount of event a party files such an appeal, the remand tions such fees in effect on September 30, 1998, shall not be effective until the appeal has been shall be deposited into the special fund of the finally disposed of. Once the remand has become ‘‘When the jurisdiction of the district court is based in whole or in part upon section 1370 of Treasury established under section 1931 of effective, the liability determination and the title 28, United States Code. choice of law determination shall not be subject this title, process, other than subpoenas, may be served at any place within the United States, or SEC. 13. MEMBERSHIP IN CIRCUIT JUDICIAL to further review by appeal or otherwise. COUNCILS. ‘‘(4) Any decision under this subsection con- anywhere outside the United States if otherwise permitted by law.’’. Section 332(a) of title 28, United States cerning remand for the determination of dam- Code, is amended— ages shall not be reviewable by appeal or other- (B) The table of sections at the beginning of chapter 113 of title 28, United States Code, is (1) by striking paragraph (1) and inserting wise. the following: ‘‘(5) An action removed under this subsection amended by adding at the end the following new item: ‘‘(1) The chief judge of each judicial circuit shall be deemed to be an action under section shall call and preside at a meeting of the ju- ‘‘1697. Service in multiparty, multiforum ac- 1370 and an action in which jurisdiction is dicial council of the circuit at least twice in tions.’’. based on section 1368 of this title for purposes of each year and at such places as he or she this section and sections 1407, 1660, 1697, and (2) SERVICE OF SUBPOENAS.—(A) Chapter 117 may designate. The council shall consist of 1785 of this title. of title 28, United States Code, is amended by an equal number of circuit judges (including ‘‘(6) Nothing in this subsection shall restrict adding at the end the following new section: the chief judge of the circuit) and district the authority of the district court to transfer or ‘‘§ 1785. Subpoenas in multiparty, multiforum judges, as such number is determined by ma- dismiss an action on the ground of inconvenient actions jority vote of all such judges of the circuit in forum.’’. regular active service.’’; (e) CHOICE OF LAW.— ‘‘When the jurisdiction of the district court is (1) DETERMINATION BY THE COURT.—Chapter based in whole or in part upon section 1370 of (2) by striking paragraph (3) and inserting 111 of title 28, United States Code, is amended this title, a subpoena for attendance at a hear- the following: by adding at the end the following new section: ing or trial may, if authorized by the court upon ‘‘(3) Except for the chief judge of the cir- cuit, either judges in regular active service ‘‘§ 1660. Choice of law in multiparty, motion for good cause shown, and upon such or judges retired from regular active service multiforum actions terms and conditions as the court may impose, be served at any place within the United States, under section 371(b) of this title may serve as ‘‘(a) FACTORS.—In an action which is or could or anywhere outside the United States if other- members of the council.’’; and have been brought, in whole or in part, under wise permitted by law.’’. (3) by striking ‘‘retirement,’’ in paragraph section 1370 of this title, the district court in (B) The table of sections at the beginning of (5) and inserting ‘‘retirement under section which the action is brought or to which it is re- chapter 117 of title 28, United States Code, is 371(a) or section 372(a) of this title,’’. moved shall determine the source of the applica- amended by adding at the end the following SEC. 14. SUNSET OF CIVIL JUSTICE EXPENSE AND ble substantive law, except that if an action is new item: DELAY REDUCTION PLANS. transferred to another district court, the trans- Section 103(b)(2)(A) of the Civil Justice Re- feree court shall determine the source of the ap- ‘‘1785. Subpoenas in multiparty, multiforum ac- tions.’’. form Act of 1990 (Public Law 101–650; 104 plicable substantive law. In making this deter- Stat. 5096; 28 U.S.C. 471 note), as amended by (g) EFFECTIVE DATE.—The amendments made mination, a district court shall not be bound by Public Law 105–53 (111 Stat. 1173), is amended by this section shall apply to a civil action if the the choice of law rules of any State, and the by inserting ‘‘471,’’ after ‘‘sections’’. factors that the court may consider in choosing accident giving rise to the cause of action oc- curred on or after the 90th day after the date of SEC. 15. CREATION OF CERTIFYING OFFICERS IN the applicable law include— THE JUDICIAL BRANCH. ‘‘(1) the place of the injury; the enactment of this Act. (a) APPOINTMENT OF DISBURSING AND CER- ‘‘(2) the place of the conduct causing the in- SEC. 10. APPEALS OF MERIT SYSTEMS PROTEC- TIFYING OFFICERS.—Chapter 41 of title 28, jury; TION BOARD. United States Code, is amended by adding at ‘‘(3) the principal places of business or (a) APPEALS.—Section 7703 of title 5, United the end the following new section: domiciles of the parties; States Code, is amended— ‘‘(4) the danger of creating unnecessary in- (1) in subsection (b)(1), by striking ‘‘30’’ and ‘‘§ 613. Disbursing and certifying officers centives for forum shopping; and inserting ‘‘60’’; and ‘‘(a) DISBURSING OFFICERS.—The Director ‘‘(5) whether the choice of law would be rea- (2) in the first sentence of subsection (d), by may designate in writing officers and em- sonably foreseeable to the parties. inserting after ‘‘filing’’ the following: ‘‘, within ployees of the judicial branch of the Govern- The factors set forth in paragraphs (1) through 60 days after the date the Director received no- ment, including the courts as defined in sec- (5) shall be evaluated according to their relative tice of the final order or decision of the Board,’’. tion 610 other than the Supreme Court, to be April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2257 disbursing officers in such numbers and loca- controversial provisions, but which AMENDMENT NO. 3 OFFERED BY MR. DELAHUNT tions as the Director considers necessary. will aid in making the judiciary func- Mr. DELAHUNT. Mr. Chairman, I Such disbursing officers shall— tion more efficiently, and will clarify offer an amendment. ‘‘(1) disburse moneys appropriated to the certain provisions of the law as they The CHAIRMAN. The Clerk will des- judicial branch and other funds only in strict accordance with payment requests certified pertain to the third branch. ignate the amendment. by the Director or in accordance with sub- In short, the amendment will extend The text of the amendment is as fol- section (b); the Judiciary Information Technology lows: ‘‘(2) examine payment requests as nec- Fund, allow the judiciary to retain any Amendment No. 3 Offered by Mr. essary to ascertain whether they are in prop- additional offsetting receipts derived DELAHUNT: er form, certified, and approved; and from increases in miscellaneous fees Page 9, strike lines 13 through 20 and insert ‘‘(3) be held accountable for their actions charged in the Federal courts, enhance the following: as provided by law, except that such a dis- membership in Circuit Judicial Coun- ‘‘(2) The limitation contained in paragraph (1) shall apply only to any order or settle- bursing officer shall not be held accountable cils, sunset the Civil Justice Expense or responsible for any illegal, improper, or ment which expressly directs any State, or incorrect payment resulting from any false, Plan, and create certifying officers in political subdivision of a State, to impose, inaccurate, or misleading certificate for the judicial branch. increase, levy, or assess any tax. which a certifying officer is responsible I urge my colleagues to support this Redesignate succeeding paragraphs accord- under subsection (b). technical amendment, which I believe ingly. ‘‘(b) CERTIFYING OFFICERS.—(1) The Direc- contains no controversial matter. Mr. DELAHUNT. Mr. Chairman, tor may designate in writing officers and em- Summary follows for purposes of questions or some context is needed to understand ployees of the judicial branch of the Govern- explanation ment, including the courts as defined in sec- this amendment. Reference was made Extension of the Judiciary Information Tech- tion 610 other than the Supreme Court, to earlier to the Missouri versus Jenkins nology Fund: This amendment eliminates the certify payment requests payable from ap- case. provision in the statute authorizing the Ju- propriations and funds. Such certifying offi- Back in 1990, the Supreme Court ren- diciary Information Technology Fund, which cers shall be responsible and accountable dered a decision involving the State of subjects the activities of this Fund to the for— management process of the executive Missouri; and it held clearly that the ‘‘(A) the existence and correctness of the branch. Federal courts could not directly im- facts recited in the certificate or other re- Offsetting Receipts: This provision would pose a tax levy on State or local gov- quest for payment or its supporting papers; allow the judiciary to retain any additional ‘‘(B) the legality of the proposed payment ernments. As far as I can tell, every offsetting receipts derived from increases in under the appropriation or fund involved; member of the Committee on the Judi- miscellaneous fees charged in the federal and ciary, on a bipartisan basis, under- courts of appeals, district courts, bank- ‘‘(C) the correctness of the computations of stands and supports that concept. That ruptcy courts, the Court of Federal Claims, certified payment requests. and the Judicial Panel on Multi-district is a principle everyone embraced. ‘‘(2) The liability of a certifying officer Litigation. This provision responds to a di- This amendment which I have filed shall be enforced in the same manner and to with my colleague, the gentleman from the same extent as provided by law with re- rective from congressional appropriations New York (Mr. BOEHLERT), would sim- spect to the enforcement of the liability of committees that the Judiciary identify ways disbursing and other accountable officers. A to increase offsetting receipts. ply do just that. Let me repeat, the Membership in Circuit Judicial Councils: This certifying officer shall be required to make amendment would prohibit a court section amends 28 U.S.C. § 332(a) to enhance restitution to the United States for the from directly imposing a tax increase judge participation in the federal judiciary’s amount of any illegal, improper, or incorrect internal governance process by equalizing on State or local government, or any payment resulting from any false, inac- other political subdivision, for that curate, or misleading certificates made by the representation of circuit judges and dis- trict judges on circuit judicial councils and matter, as a remedy for an illegal or the certifying officer, as well as for any pay- wrongful action by that particular ment prohibited by law or which did not rep- establishing the eligibility of senior circuit resent a legal obligation under the appro- and district judges to serve as members of State or local government. priation or fund involved. those councils. This amendment, the Delahunt-Boeh- Sunset of Civil Justice Expense and Delay Re- ‘‘(c) RIGHTS.—A certifying or disbursing of- lert amendment, makes clear that the ficer— duction Plans: This provision would clarify levying of taxes is not an appropriate that section 103(b)(2)(A) of the Civil Justice ‘‘(1) has the right to apply for and obtain a judicial function. It leaves it to State decision by the Comptroller General on any Reform Act is not to be extended. Provisions of the Civil Justice Reform Act have lapsed. and local governments to decide how to question of law involved in a payment re- fund a judicial remedy to some illegal quest presented for certification; and An amendment to last year’s Appropriations ‘‘(2) is entitled to relief from liability aris- Act extended the reporting of old cases, but or wrongful action that they them- ing under this section in accordance with unintentionally also extended this section of selves are responsible for. title 31. the Act. This section was intended to sunset, It may involve spending cuts. It may ‘‘(d) OTHER AUTHORITY NOT AFFECTED.— but a technical change is needed to clarify involve borrowing. It may even involve Nothing in this section affects the authority that intent. This simply accomplishes that raising taxes. But it is the State or of the courts with respect to moneys depos- purpose. Creation of Certifying Officers in the Judicial local government’s decision, not the ited with the courts under chapter 129 of this court’s decision, how to fund that par- title.’’. Branch: This section would enable the Direc- (b) CONFORMING AMENDMENT.—The table of tor of the Administrative Office of the ticular remedy. That is what this sections for chapter 41 of title 28, United United States Courts to appoint certifying amendment is all about. In fact, when States Code, is amended by adding at the end officials in the various court units who I offered this amendment at the sub- the following item: would be responsible for the propriety of committee it was agreed to. ‘‘613. Disbursing and certifying officers.’’. payments they request. It would also enable I might add, there was considerable the Director of the AO to appoint disbursing (c) DUTIES OF DIRECTOR.—Paragraph (8) of discussion at that point in time. It was officials in the various court units who subsection (a) of section 604 of title 28, would be responsible for ensuring that pay- voted unanimously, on a voice vote. United States Code, is amended to read as ment requests are proper, certified and ap- However, the bill came out of the full follows: proved. committee dramatically changed, ‘‘(8) Disburse appropriations and other changed to the point that it is now funds for the maintenance and operation of Mr. FRANK of Massachusetts. Mr. the courts;’’. Chairman, I rise in support of the considered unconstitutional by hun- Page 17, line 12, strike ‘‘appellate’’. amendment. dreds of legal scholars. Mr. COBLE (during the reading). Mr. Mr. Chairman, I agree with the gen- The Department of Justice also Chairman, I ask unanimous consent tleman from North Carolina (Mr. agrees, as it is presently drafted, it is that the amendment be considered as COBLE). of dubious constitutionality, and that read and printed in the RECORD. The CHAIRMAN. The question is on based on these and other concerns with The CHAIRMAN. Is there objection the amendment offered by the gen- the bill, the Attorney General will ab- to the request of the gentleman from tleman from North Carolina (Mr. solutely recommend a veto unless North Carolina? COBLE). amended. There was no objection. The amendment was agreed to. As presently written, a court could Mr. COBLE. Mr. Chairman, this is a The CHAIRMAN. Are there other not even issue an order which would re- technical amendment that contains no amendments? quire a State or local government to H2258 CONGRESSIONAL RECORD — HOUSE April 23, 1998 impose a tax. That is absurd. It is the such a problem by applying section 5 to laws. If Congress does not like the end of an independent judiciary, be- orders which expressly direct a tax or laws, like the Clean Water Act, then we cause it is utterly meaningless for the which necessarily require a tax. And ought to rewrite them. But we will not courts to order a remedy without the for those reasons, Mr. Chairman, I op- do that because the laws have proven ability to compel the wrongdoer to im- pose the amendment. so successful and so immensely popu- plement that remedy. Mr. BOEHLERT. Mr. Chairman, I lar. Just imagine how State and local move to strike the last word. If we think localities ought to get governments could flout court orders Mr. Chairman, I rise in strong sup- more Federal aid to comply with these by simply claiming they did not have port of the Delahunt-Boehlert amend- laws, let us provide the money. I am sufficient cash on hand to comply with ment. What is at stake here is nothing fighting with the administration right the remedy. It is no exaggeration to less than whether we are going to ex- now to increase the funding available say that a State or local government empt State and local governments for municipal sewage treatment plants. could very well avoid responsibility for from complying with a wide range of Those are all reasonable remedies. its malfeasance in the operation of a environmental and other laws. I do not Preventing enforcement of statutes sewage treatment plant that polluted think that Congress ought to be pro- that are on the books is not a reason- our constituents’ drinking water if this viding that sort of blanket exemption. able way to change the law. In fact, the amendment fails. That is one of the I want to emphasize again that the approach in this bill is to offset, offer reasons that every major environ- issue here is whether we believe that massive congressional overreaching to mental group in the country opposes States and localities ought to comply counteract an occasional and rare judi- the underlying bill. with the laws we pass. This is not cial overreaching. It is like hearing The bill as it now stands is worse about judicial activism or tax rates. that one of our kids has misbehaved at than the perceived abuses it was meant Our amendment blocks judicial activ- school and responding by never sending to cure. Speaking to that issue of per- ism by keeping intact all of the provi- any of our kids to school again. ceived abuses, let us be honest. Despite sions of section 5 that prevent judges Mr. Chairman, I urge support for the from imposing or raising taxes. Let me what we hear, there is no outbreak of Delahunt-Boehlert amendment. It will repeat that. Our amendment blocks ju- judicial taxation cases in this country prevent judges from raising taxes while dicial activism by keeping intact all of today. They simply do not exist. allowing the proper enforcement of le- the provisions of section 5 that prevent The truth is clear. It is very simple. gitimate laws to continue. judges from imposing or raising taxes. Mr. MANZULLO. Mr. Chairman, I The Federal courts have not directly Courts ought not to be levying taxes move to strike the requisite number of imposed a tax, except for the single and our amendment keeps them from words. school desegregation case, Missouri doing so. But the language we are re- Mr. Chairman, the Delahunt-Boehlert versus Jenkins, which I referenced ear- moving from the bill would do far more amendment would gut section 5. There lier and the gentleman from Illinois al- than prevent judges from overreaching. is a legal fiction as to whether or not luded to. That case was overturned in It would prevent judges from doing a court can order the increase of tax or 1995 by a unanimous Supreme Court their jobs. It would prevent judges a court can order a municipality to in- that rejected the concept of direct im- from taking actions that are required crease tax. position of taxes by a Federal court. by law. Our bill provides in both situations a Adoption of the Delahunt-Boehlert For example, let us say a municipal court will be prevented from directly amendment would accomplish the waste treatment plant upstream from or indirectly raising taxes. What the goals articulated by many of those who our town is discharging pollutants into amendment does, it prevents a court advocate judicial restraint. Let us ex- a river, closing beaches in our town. from directly raising taxes, but all the ercise some common sense and support We sue to get the sewage treatment courts have to do is to read Missouri the Delahunt-Boehlert amendment. plant to comply with the standards in versus Jenkins and instead of the court Mr. COBLE. Mr. Chairman, I rise in the Clean Water Act. Under H.R. 1252, a directly raising the tax, it says ‘‘I am opposition to the amendment. judge could be unable to issue an order ordering you to raise the tax.’’ Mr. Chairman, my good friend, the requiring compliance with the Clean The Delahunt-Boehlert amendment gentleman from Massachusetts and I Water Act, because doing so might lead would allow a Federal judge, as the generally agree on this matter. I am the town to raise taxes. judge in Rockford, Illinois, has done, to not in agreement with him. I appre- Even worse, if we and the town point to a duly elected school board ciate his comments, but the amend- agreed to settle the case by the town and say, ‘‘Either you raise taxes or you ment was defeated in full committee agreeing voluntarily to fix the sewage are going to jail.’’ That is the purpose during markup. treatment plant, H.R. 1252 could forbid of section 5. I think, Mr. Chairman, this probably the judge from approving the voluntary If the amendment is adopted, the would gut the judicial taxation provi- settlement. Yet, if an industry were Delahunt-Boehlert amendment, it will sion of the bill. The amendment would discharging the same pollutants into not affect the situation. The judge can allow a Federal judge to, in my opin- the same river, a judge would be able still do the same thing. And it is legal ion, circumvent section 5 of the bill in to force the industry to comply. fiction which they are presenting be- the following manner. The provisions That is bad law. That is bad policy. fore this body today to allow them to constraining the ability of a judge to And, quite simply, it is unfair. have all of the congressional mandates order a State or municipality to im- Virtually every environmental group, come before the Federal courts and for pose taxes on affected citizens would as well as the Judicial Conference of the Federal courts to say, local munici- apply only if a judge expressly directed the United States, chaired by Chief palities to comply, either raise taxes or a tax. Justice Rehnquist, oppose section 5 be- go to jail. That is what this amend- cause of its perverse consequences such b 1200 ment is about. as the ones I have just outlined. And Mr. Chairman, I have letters here To avoid the restrictions set forth in environmental laws are not the only from people in Rockford, Illinois. Mr. section 5, a judge, it seems to me, could ones that could become dead letters DELAHUNT said he knew of no area in simply order a State or municipality to under this bill. The Americans with the country that is affected similarly construct a new school building, for ex- Disabilities Act, the Individuals with to Kansas City, Missouri. Well, the ample, according to particular speci- Disabilities Education Act, other civil same master in Kansas City, Missouri fications, without specifying how the rights statutes and worker protection is now the master in Rockford, Illinois. project would be funded. statutes would also be affected. Indeed, Listen to this letter from Adam The practical effect of this result, one judge has noted that even the Lamarre: however, would be to compel the State Brown v. Board of Education decision Dear Representative Manzullo, Thank you or the municipality or whatever politi- would have been difficult to enforce if for the support you gave limiting the powers cal subdivision to impose a tax if no H.R. 1252 had been in effect. of judges to impose taxes. My family is con- other revenues were available. And I Section 5 as written would simply sidering moving out of Rockford because we believe that the bill as written cures undermine the enforcement of our can no longer afford to pay high taxes. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2259 This is from Earl and Ann Young in been busing our school children), this ruling ment obtain such power, and what can be Rockford: was the result of a lawsuit because a small done to eliminate the power, and/or remove group of people didn’t like their school being Mahoney from office? Dear Mr. Manzullo, we are very affected by closed and it accelerated into a state of ‘‘ri- Mr. Nelson, the writer of the article, Magistrate Mahoney’s rulings. We are senior diculous’’ with an end result of lawyers fees, claims to be ‘‘a citizen not directly affected citizen property owners in Rockford School court fees, and consultant fees already cost- by the decision.’’ We, on the other hand, are District 205, living on a fixed income, who ing $100 million dollars taken from a Tort very affected by Mahoney’s rulings. We are are being taxed out of our home! Senior Citizen property owners in School To add insult to injury, we did not live in Fund which was the money to be used for the schools. This is not right! District 205, living on a fixed income, who Rockford when the alleged discrimination 1st—A judge taxes us without any rep- are being taxed out of our home! took place, have never had children in the Il- resentation (our forefathers started this To add insult to injury, we did not live in linois school system, but we are judged country because of that reason). Rockford when the alleged discrimination guilty because our House is in district 205. 2nd—$100 million dollars spent not for our took place, have never had children in the Il- We would like you to tell us how can this school children, or schools but for lawyers, linois school system, but we are judged one man,’’ the unelected magistrate respon- and consultants. That money would have guilty because our house is in district 205. sible to no one, ‘‘assume to have all this been better spent improving the education of We would like you to tell us how this one power, and what action you are pursuing in our children. man can assume to have all this power, and Washington. My husband and I have filed a joint tax what action YOU are pursuing in Washing- And a letter from Carol Angelico: protest with other people in town to no ton to restrict and/or eliminate such misuse I’m writing to you because of my saddened avail, and have spoken to our State Rep’s be- of assumed judicial power! frustration that no one can ‘fairly’ resolve fore only to hear a lot of rhetoric but no ac- Sincerely Yours, the unnecessary and overburdening taxation tion to back them up and change the laws re- EARL AND ANN YOUNG. problem in our City of Rockford. garding federal judges rulings with no regard TIME TO CLIP JUDICIAL WINGS Oh, yes, the City of Rockford, with to the negative effect financially on the community, nor allowing the majority of the Magistrate P. Michael Mahoney should be over 2,200 homes for sale in a city of people to have their voice heard and vote on given a Nobel Prize for coming up with a so- less than 150,000 people. The City of instead of just giving the minority a voice. I lution to our most vexing problem, how to Rockford, where the property values thought this country was a democracy in lower taxes. Since he has established that keep going down. The City of Rockford, which the majority vote was the law/rule, at elected legislative bodies must vote accord- where people are being taxed unmerci- least that’s what I was taught in history ing to the wishes of the judiciary, we can fully and senior citizens come to my of- classes in school. Have our governing bodies save enormous sums of money by eliminat- fice with tears in their eyes and say, forgotten that! A federal judge wielding such ing all such bodies and just let the judiciary run the country. Think of the savings: No ‘‘Congressman, we cannot afford to pay a ruling not only here but anywhere in the U.S. is wrong!!! We are paying so much in senators, no congressmen, no aldermen, no our taxes because the Federal mag- taxes already, not only Real Estate but county boards, and most importantly the istrate raised our taxes. You represent other areas of our now structured govern- elimination of the bureaucracies that sup- us. You should be the one responsible, ment. port these institutions. In fact we can take because if you raise taxes, I will re- So I’m asking you Congressman, to con- it one step further and eliminate the execu- move you from office.’’ tinue to take the initiative and act on the tive branch and let judges appoint masters. What we are doing today is historic, behalf of the hard working people who pay To those of you who support Magistrate all these taxes by doing without and tighten- Mahoney’s decision, would you support him perhaps the first time in the history of if he ordered the state legislature to raise this Republic in which Congress is try- ing the belt, but the belt is becoming so tight we are all strangling. We want our the state income tax 30 percent to pay for in- ing to reclaim the ground where only schools to produce educated people but creases in school funding or raises for we have the power in Federal situa- that’s not what our money is being used for. judges? tions to raise taxes, and to take it back It has not gone to the schools or for our chil- Would you support him if he ordered you from the courts and say that they do dren’s education. New schools do not edu- to vote for a specific candidate in the next not have the power to raise taxes. That cate; teachers, books, computers, etc. do!! election? Changes need to be made regarding this mat- To our elected representatives: It is up to was not given to them. you to assert your constitutional right to Hamilton expressly said, ‘‘You shall ter. Two incomes are already necessary today so we can give our families the neces- the separation of powers. not have it.’’ Madison said, ‘‘You shall The judiciary has been allowed to slowly sities of life because the taxation has gotten undermine the very constitution that they not have it.’’ And Jefferson said, when out of hand, literally, from our hands to gov- writing about King George III, said, are sworn to protect. ernment hands. Then we have the additional If this nation is to continue to exist as a ‘‘He has taxed us without representa- burden of our school districts court order. tion.’’ democratic republic, it is up to those legisla- People can’t keep their homes for their chil- tors elected by the people to reassert their This is what this Republic is about. dren who would be going to our school, not constitutional right to vote their conscience. Who is in control of raising taxes in to mention our elderly homeowners. My hus- I am aware that this is not the first time this Republic? Is it the unelected band and I are paying monthly real estate the judiciary has directed an action by elect- judges appointed for life, or is it Mem- payments almost equal to our mortgage pay- ed officials, but I am not aware of any other bers of the United States Congress who ment, this is really getting scary because we time that a member of the judiciary has de- were reassessed on our property again last have to stand for reelection every 2 termined how to fund said action. As a citi- year and our tax bill will be higher again for zen not directly affected by the decision, I years? 1996. Delahunt-Boehlert guts section 5. It besiege our state and federal legislators to Please express to your fellow congressmen clip the wings of the judiciary before they makes it meaningless, and I would urge and congresswomen that it’s their respon- make voters totally irrelevant. my colleagues, especially those who sibility, which was given to them by us the I realize that this particular case involves voted yesterday that said this body can the voter, that they are in the political of- a lowly little school board, but remember, only raise taxes by having two-thirds fice they now hold, to work for and with the this is an elected legislative body being or- of the vote, to say only this body can majority of us not against us. That’s how dered to vote a specific way by a lowly fed- they won their office, by the majority not raise taxes and not the judiciary, and eral magistrate acting on behalf of one semi- the minority. I hear to many people say why retired judge.—Roger T. Nelson, Loves Park to vote against Delahunt-Boehlert. write to express your dissatisfaction, noth- Mr. Chairman, I include the following ing gets done about, only the minority get ROCKFORD, IL, for the RECORD: catered to and politicians are only self-inter- July 3, 1997. APRIL 12, 1997. ested in matter to better themselves and not DEAR REP MANZULLO: Thank you for the Congressman DON MANZULLO, the general public—PROVE THEM WRONG!!! support you gave limiting judge’s ability to Cannon House Office Bldg., Washington, DC. Respectfully, impose taxes. My family is considering mov- CONGRESSMAN MANZULLO: I’m writing to CAROL A. ANGELICO. ing out of Rockford because we can no longer you because of my saddened frustration that afford to pay the big property taxes. no one can ‘‘Fairly’’ resolve the unnecessary DECEMBER 26, 1997. Sincerely, and over-burdening taxation problem in our Representative DONALD MANZULLO, ADAM LAMARRE. city of Rockford. Broadway, Suite 1, Rockford, IL. Mr. CONYERS. Mr. Chairman, I move I’ll clarify my above statement by getting DEAR MR. MANZULLO: The enclosed article to the point as briefly as I can. A federal is from the December 26, 1997 issue of the to strike the requisite number of judge ‘‘Mahoney’’ ordered real estate tax in- Rockford Register Star. It reflects a major words. creases to pay for three (3) new schools (we concern of ours. How does an appointed offi- Mr. Chairman, I would ask the gen- have closed schools in some areas and have cial of the Judiciary Branch of our Govern- tleman from Illinois (Mr. MANZULLO) H2260 CONGRESSIONAL RECORD — HOUSE April 23, 1998 whether he has ever heard of the Su- tax except for a single school desegre- Boehlert, therefore, if they are saying preme Court case, Missouri v. Jenkins. gation case, Missouri v. Jenkins. And it would codify Missouri versus Jen- Mr. MANZULLO. Yes, I quoted from even this isolated case was overturned kins, would therefore be, quote, ‘‘an ex- that. by the Supreme Court in 1995 when the pansion of power in the Federal judici- Mr. CONYERS. Well, did the gen- Justices unanimously rejected the con- ary beyond all precedent.’’ tleman not read in there that the cept of a direct Federal court imposi- It is just that simple. A vote on that courts cannot impose taxes? tion of taxes. Now, is that clear or is it amendment would gut section 5. It Mr. MANZULLO. It is very sim- not? would still allow judicial taxation to ple—— Mr. Chairman, I did not ask the gen- take place. And for my friend from Mr. CONYERS. Mr. Chairman, I just tleman anything. I just wanted to get Massachusetts, I would say, if he would asked the gentleman a question. his attention to read simple English to make reference to the Declaration of Mr. MANZULLO. If I am given the him of what the Supreme Court said. Independence, that is where Mr. Jeffer- opportunity to respond—— son says and accuses King George III of b 1215 Mr. CONYERS. Yes or no? taxing the people without representa- Mr. MANZULLO. What is the ques- The gentleman may get his own tion. I like to quote from Jefferson. He tion again? time. is the most credible. Mr. CONYERS. Forget it. Mr. DELAHUNT. Mr. Chairman, will Mr. CAMPBELL. Reclaiming my Mr. MANZULLO. No, I do not want the gentleman yield? time, Mr. Chairman, Missouri versus to forget it. I want to make this clear. Mr. CONYERS. I yield to the gen- Jenkins, I believe, is correctly de- Mr. CONYERS. Well, I want to forget tleman from Massachusetts. scribed both by my friend from Illinois it on my time. Mr. DELAHUNT. Mr. Chairman, I and my friend from Massachusetts. Ac- The CHAIRMAN. The gentleman think what is most interesting is that cordingly, at least as I read it, if the from Michigan (Mr. CONYERS) controls upon a careful and thorough analysis of Boehlert-Delahunt amendment passes, the time. the language that presently exists in the bill will have no effect beyond Mis- Mr. CONYERS. Mr. Chairman, before title V, that there has been a conclu- souri versus Jenkins, and Missouri ver- we vote, the Supreme Court said, in the sion by many legal scholars that that sus Jenkins does say that a court may case that the gentleman read so clear- language is patently unconstitutional not directly impose a tax. So both gen- ly, and the question when he could not as a result of the decision in Missouri tlemen are right, Mr. Chairman, which remember what I asked, said that the v. Jenkins. It is also clear that the De- is to say that if this amendment court cannot impose taxes. Repeat. The partment of Justice will recommend a passed, the purpose of this bill will be court cannot impose taxes. They can veto of this bill if it should pass, if this defeated. enforce an order for taxes. That is the language is not deleted and the Boeh- I would like that result—if the bill’s case. lert-Delahunt amendment does not managers has not agreed to my amend- So I urge the gentleman to read it pass. ment. The problem is, my amendment again. Mr. CONYERS. Mr. Chairman, re- comes up next, it is not up now. So I Mr. DELAHUNT. Mr. Chairman, will claiming my time, I am going to read would like to take a moment and ex- the gentleman yield? this one more time. I am going to read plain what my amendment would do Mr. CONYERS. I yield to the gen- it slowly. because I think it takes the most dan- tleman from Massachusetts. The CHAIRMAN. The time of the gerous part of this bill away. The most dangerous part of this bill Mr. DELAHUNT. Mr. Chairman, I gentleman from Michigan (Mr. CON- to me is section F of section 5. The would just reiterate what the gen- YERS) has expired. whole idea of this bill is to make it tleman from Michigan (Mr. CONYERS) (By unanimous consent, Mr. CONYERS hard for courts to impose taxes; fine. said in terms of the holding in the Mis- was allowed to proceed for 1 additional Since Missouri versus Jenkins says a souri v. Jenkins case, and the gen- minute.) court cannot directly impose a tax, Mr. CONYERS. Mr. Chairman, I am tleman from Illinois indicated that he this bill says let us also make it hard going to read this one more time. was quoting from Missouri v. Jenkins. for courts effectively to impose a tax Outside the context of a few 19th cen- He quoted earlier from Thomas Jeffer- by leaving no other options. Okay, fine, tury municipal bond cases, the Federal son, or at least he credited Thomas Jef- let us make it hard. ferson the quote that taxation without courts have not directly imposed a tax But—do not make it impossible. representation is tyranny. except for a single school desegrega- Where the Constitution requires it; it Mr. Chairman, I would correct the tion case, Missouri v. Jenkins. And should be done. Accordingly, what I gentleman, because I come from that even this isolated case was overturned would like to do is to go through the part of the country where the gen- by the Supreme Court in 1995, when the provisions that are left in the bill, be- tleman was born and raised who had Justices unanimously rejected the con- cause if my amendment is taken, which made that quote. His name is James cept of direct Federal court imposition strikes F, then the remaining restric- Otis and he lived on Cape Cod. of taxes. tions, I think, are very reasonable; Mr. Chairman, I do not know whether End of sentence. namely, that a court cannot effectively the gentleman misquoted or misread Mr. CAMPBELL. Mr. Chairman, I impose a tax unless it is constitutional the Missouri v. Jenkins decision, but it move to strike the requisite number of to do so, it is narrowly imposed, it will clearly stated that Federal courts words, and I yield to the gentleman help as opposed to make worse the could not impose a tax levy on a State from Illinois (Mr. MANZULLO). problem being addressed by the court or local government. In the Federal Mr. MANZULLO. Mr. Chairman, the suit in the first place, there is no ade- district court which had earlier issued Missouri versus Jenkins case is very quate alternative remedy under the an order that did impose a tax levy in simple. Five justices against four jus- State and local government, and the that tax case, it was overturned by a tices ruled that a court can indirectly interests of the State are not unconsti- unanimous decision of the Supreme raise taxes by applying this legal fic- tutionally usurped. That is the exact Court. tion. The difference is between the phrase used. The Boehlert-Delahunt amendment judge saying from the bench, I raise Accordingly, if you get rid of F, there simply codifies the Missouri case. It your taxes, and the judge saying, I is nothing, at least in my mind, that is prohibits a court from directly impos- order you to raise your taxes. difficult in this proposal (or, surely, ing a tax increase on State and local The Delahunt-Boehlert amendment that is unconstitutional) in this pro- government or any other. would still allow a judge to say, I order posal. What was F? ‘‘F’’ was that the Mr. CONYERS. Mr. Chairman, re- you to raise your taxes. In fact, the court would have to be assured that claiming my time, let us all go to law majority decision was so feeble that the proposed tax would not result in a school. All right? The Supreme Court four justices in the minority said that depreciation of property values. That is case. Outside the context of a few 19th the majority opinion ‘‘is an expansion an impossible standard, because any century municipal bond cases, the Fed- of power in the Federal judiciary be- property tax is going to result in a de- eral courts have not directly imposed a yond all precedent,’’ and Delahunt- preciation of property values. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2261 Suppose, for example, a school deseg- Bay, over the last year or so, we have The courts are not going to impose a regation order said a school district been having a problem with a micro- tax, but the courts are going to say to had to allow in blacks. The school dis- organism called pfiesteria. It is sci- a given community, for example, you trict’s revenues come from property entific conclusion that pfiesteria is have to stop polluting. And the com- tax. Say the school district now must stimulated in part by extra nitrogen munity is going to decide how it has to allow in 20 to 30 percent more children; and phosphorous going into the water- stop polluting. I thank the gentleman the taxes then have to go up to pay for ways. The courts and the community, for the example. them. There go the property values. the public sector can impose fines and The gutting would occur, the gutting My good friends on this side of the cause farmers to have to pay for the would occur, I would suggest, if we aisle are willing to drop section F, and improvement of their practices to re- failed to amend section 5. I only hope that my amendment had duce phosphorous and nitrogen getting Mr. YOUNG of Alaska. Mr. Chair- come up first. It has not, but under the into the water. man, I move to strike the requisite assurance that it will, I would simply If the gentleman from Illinois does number of words, and I yield to the wish to point out that the unconstitu- not, if the gentleman from New York gentleman from Illinois (Mr. MAN- tional aspects of this provision are now does not have his amendment passed, ZULLO). gone. the farmer would have to pay to clean Mr. MANZULLO. Mr. Chairman, the With that, Mr. Chairman, I yield to up his act, but the local sewage treat- proponents of the Delahunt-Boehlert the gentleman from Michigan (Mr. ment plant, which has also caused amendment are trying to draw a fine CONYERS). phosphorous and nitrogen into the wa- line between a direct tax and an indi- Mr. CONYERS. Mr. Chairman, I terway, which is called Pokomoke, rect tax. The effect is the same. The thank the gentleman from California would not. elected representatives still have to for yielding to me. I hope he teaches a So the farmer would go to all these raise taxes and is it not interesting, law school course for Members of Con- expenses and the local sewage treat- they say, well, this will protect, this gress in the evenings with or without ment plant and everybody has a little will stop courts from raising taxes. In credit because I completely agree with problem with money, even people have Rockford, Illinois, the judge, the him. problems with whether or not there unelected magistrate has ordered the PARLIAMENTARY INQUIRY really is a problem. And sometimes school board to either raise taxes or go Mr. CAMPBELL. Mr. Chairman, I there are problems with competency, to jail. have a parliamentary inquiry. and the court is there to say yes, you The CHAIRMAN. The gentleman will b 1230 also have to clean up your act. state it. I will give you an example in Balti- There is no difference between that Mr. CAMPBELL. Is it in order, Mr. more City. The sewage treatment plant and the judge saying, ‘‘I am going to Chairman, to ask unanimous consent right now is under order from the EPA order raising of taxes on my own.’’ The to consider my amendment ahead of to clean up their act. The EPA is going original language of section 5 allows this or to consider it at this time? Is to fine, with the help of the courts, both scenarios. there a procedural provision allowing However, the Delahunt-Boehlert that or not? Baltimore not to put more nitrogen and phosphorous into the water. amendment removes the second sce- The CHAIRMAN. In response to the nario and not only says that the judge gentleman’s query of the Chair, the The local ARCO plant, the local CON- OCO plant, they have to clean up. They cannot directly raise taxes but it still pending amendment would have to be allows the judge to indirectly raise first withdrawn by unanimous consent have to pay. The private sector has to taxes. And as to all the environmental of the Committee of the Whole. pay. The farmer has to pay. But unless issues and everything else, what our Mr. CAMPBELL. Then I cannot pro- this amendment passes, the city of Bal- ceed as I would have liked to. I thank timore does not have to do anything. bill says simply is this, to live within the Chair. They can continue to put the phos- our means, to allow remedial plans to Mr. GILCHREST. Mr. Chairman, I phorous and the nitrogen in the water come about. move to strike the requisite number of that is causing to a great extent this Maryland already has a State law words. microorganism that is decimating the with regard to cleaning up the environ- I rise to support the Boehlert- fish population of the Chesapeake Bay. ment, to cleaning up the waters. All Delahunt amendment. I would like to The Boehlert amendment does not these scare tactics that this will gut say very clearly first that the gen- give the court system any iota of more environmental laws, this will gut ADA tleman from Illinois has a good argu- power to raise taxes, but unless the laws, that is not the case. We are sim- ment in that we are taxed very heavily Boehlert amendment passes, your local ply saying that local communities and now, so I want to commend him on his farmer is going to be more responsible elected representatives should not be effort to streamline the whole complex for cleaning up the waterways than the ordered to go to jail unless they raise tax system. It is just that I fear that public facilities. I am sure Jefferson taxes. Because the only constitutional his method, which we agree with basi- and Hamilton wanted us to drink clean function for the Federal raising of tax cally, would go a little bit too far and water, and I think this amendment is is the United States Congress and not have consequences that the gentleman perfectly balanced. the Federal judiciary. And that is why from Massachusetts does not foresee. Mr. Chairman, I yield to the gen- it is absolutely important, it is compel- This bill and this amendment would tleman from New York (Mr. BOEH- ling that to make this law have any not give the courts any extra power to LERT). teeth, we must defeat Delahunt-Boeh- raise taxes. It does not change any- Mr. BOEHLERT. Mr. Chairman, I lert. thing in my understanding in that area thank the gentleman from Maryland Mr. YOUNG of Alaska. Mr. Chair- at all. for yielding to me. The examples he man, I would say just one thing. I was The gentleman from Illinois quoted cited are perfect and the illustration he not going to get involved in this argu- Jefferson. He quoted Madison and he presented is right on target. ment. But the concept that a judge can quoted Hamilton. Jefferson and Hamil- Courts cannot impose taxes. But raise taxes on the public without due ton certainly did not want taxation courts are charged with the respon- representation is inappropriate. without representation. This amend- sibility of dealing with the laws we, the Secondly, when we hear these scare ment does not tax people without rep- House of Representatives, and the Sen- tactics about clean water and clean air resentation. People continue to have ate, and the Congress of the United and all these good things in this bill, representation. Jefferson, Hamilton, States, pass. And when we are dealing that is pure nonsense. States have the Madison would want people to have with sensitive issues like clean water, authority to do this to begin with. The clean water, and they would want the which we all depend on, and which the States have the right to do it, and they collective community to be responsible American people want us to protect, we should do it. for clean water. have to make certain that the laws we I am going to suggest, I have seen Let me give my colleagues an exam- pass are dealt with in a responsible small communities that EPA and other ple. In my district, the Chesapeake manner by the courts. agencies have required to do certain H2262 CONGRESSIONAL RECORD — HOUSE April 23, 1998 things and they have gone broke. They Porter Saxton Tierney b 1255 have lost their schools, they lost other Poshard Schumer Torres Price (NC) Scott Towns Messrs. CONDIT, DICKEY, KIM, SAM facilities in the infrastructure because Pryce (OH) Serrano Upton JOHNSON of Texas, and MCKEON of the agency saying they had to raise Quinn Shays Velazquez changed their vote from ‘‘aye’’ to ‘‘no.’’ certain amounts of money to put in Rahall Sherman Vento Visclosky Messrs. COYNE, GUTKNECHT, and certain standards in that area. Ramstad Skaggs Rangel Skelton Walsh EWING changed their vote from ‘‘no’’ Waters I am suggesting, respectfully, that Regula Slaughter to ‘‘aye.’’ Watt (NC) this amendment is a mischievous Reyes Smith (NJ) So the amendment was agreed to. Waxman Smith, Adam amendment that will give back the au- Rivers Weller The result of the vote was announced thority for judges. And I do not par- Rodriguez Snyder Wexler as above recorded. ticularly like judges to begin with. I Roemer Spratt Weygand Mr. MANZULLO. Mr. Chairman, I Rothman Stabenow want to tell my colleagues right now, White ask unanimous consent to strike sec- Roukema Stark Whitfield especially those that are appointed and Roybal-Allard Stokes Wise tion 5 of the pending bill. have a life expectancy. I think it is Rush Strickland Woolsey The CHAIRMAN. Is there objection also time to let them recognize that Sabo Stupak Wynn to the request of the gentleman from the people should be represented in this Sanchez Sununu Yates Illinois? Sanders Tauscher Congress. Sandlin Thompson Mr. FRANK of Massachusetts. Mr. The CHAIRMAN. The question is on Sawyer Thurman Chairman, reserving the right to ob- the amendment offered by the gen- ject, not having been consulted on tleman from Massachusetts (Mr. NOES—181 something of this importance, we are DELAHUNT). Aderholt Gibbons Paul constrained to object, and so I do now The question was taken; and the Archer Gillmor Pease object. Armey Goode Peterson (MN) The CHAIRMAN. Objection is heard. Chairman announced that the ayes ap- Bachus Goodlatte Peterson (PA) peared to have it. Baker Goodling Pickering AMENDMENT OFFERED BY MR. CAMPBELL Pickett RECORDED VOTE Ballenger Goss Mr. CAMPBELL. Mr. Chairman, I Barrett (NE) Graham Pitts offer an amendment. Mr. COBLE. Mr. Chairman, I demand Bartlett Granger Pombo Portman The Clerk read as follows: a recorded vote. Barton Hall (TX) Redmond Bereuter Hansen Amendment offered by Mr. CAMPBELL: A recorded vote was ordered. Riggs Bilirakis Hastert Page 9, line 5, and ‘‘and’’ after the semi- The vote was taken by electronic de- Riley colon. Bliley Hastings (WA) Rogan vice, and there were—ayes 230, noes 181, Blunt Hayworth Page 9, line 9, strike ‘‘; and’’ and insert a not voting 21, as follows: Rogers Boehner Hefley Rohrabacher period. [Roll No. 103] Bonilla Herger Ros-Lehtinen Page 9, strike lines 10 through 12. Bono Hill Page 9, line 2, insert after ‘‘remedied’’ the AYES—230 Royce Brady Hilleary Ryun following: ‘‘, including through its effect on Abercrombie Farr LaHood Bryant Hilliard Salmon property values or otherwise’’. Ackerman Fattah Lampson Burton Hoekstra Sanford Mr. CAMPBELL. Mr. Chairman, the Allen Fawell Lantos Buyer Hostettler Scarborough Andrews Fazio LaTourette Callahan Hulshof Schaefer, Dan passage of the Boehlert-Delahunt Baesler Filner Lazio Calvert Hunter Schaffer, Bob amendment makes this amendment Baldacci Forbes Leach Campbell Hutchinson Sensenbrenner Barcia Ford Lee less important. But I believe it is still Canady Hyde Sessions Barrett (WI) Fox Levin an improvement in the bill. Cannon Inglis Shadegg Bass Frank (MA) Lewis (GA) Chabot Jenkins Shaw I am authorized to say that this Bentsen Franks (NJ) Lipinski Shimkus Chambliss Johnson, Sam amendment is agreeable to the major- Berman Frost LoBiondo Shuster Chenoweth Jones Berry Furse Lofgren Sisisky ity, agreeable to the chairman of the Bilbray Ganske Lowey Christensen Kasich Skeen committee, and agreeable to the au- Bishop Gejdenson Luther Coble Kim Smith (MI) thor of this provision of the bill. Blagojevich Gephardt Maloney (CT) Coburn King (NY) Smith (OR) So in the interest of time, I would be Blumenauer Gilchrest Maloney (NY) Collins Kingston Smith (TX) Boehlert Gilman Manton Combest Knollenberg Smith, Linda prepared to yield back, unless this is Bonior Gordon Markey Condit Kolbe Snowbarger controversial, in which case I will take Borski Green Martinez Cox Largent Solomon additional time to explain it. But I Boswell Greenwood Mascara Cramer Latham Souder have already tried my best to explain Boucher Gutierrez McCarthy (MO) Crane Lewis (CA) Spence Brown (CA) Gutknecht McCarthy (NY) Crapo Lewis (KY) Stearns it to both sides, and I believe it is not Brown (FL) Hall (OH) McDade Cubin Linder Stenholm controversial. So in the interest of Brown (OH) Hamilton McDermott Cunningham Livingston Stump time, I would yield back. Burr Harman McGovern Danner Lucas Talent Camp Hefner McHale Mr. FRANK of Massachusetts. Mr. Davis (VA) Manzullo Tauzin Capps Hinchey McIntyre Chairman, I move to strike the last Deal McCollum Taylor (MS) Cardin Hinojosa McKinney Taylor (NC) DeLay McCrery word. Carson Hobson McNulty Thomas Diaz-Balart McHugh Mr. Chairman, I think it is a very Castle Holden Meehan Thornberry Dickey McInnis Clayton Hooley Meek (FL) Thune good idea. I have nothing absolutely to Clement Horn Meeks (NY) Doolittle McIntosh Tiahrt add to this debate. Clyburn Houghton Menendez Dreier McKeon Traficant The CHAIRMAN. Are there any other Duncan Metcalf Conyers Hoyer Millender- Turner Members seeking recognition on the Costello Jackson (IL) McDonald Dunn Mica Wamp Coyne Jackson-Lee Minge Ehrlich Miller (FL) Watts (OK) amendment by the gentleman from Cummings (TX) Mink Emerson Moran (KS) Weldon (FL) California (Mr. CAMPBELL)? Davis (FL) Jefferson Moakley English Myrick Wicker If not, the question is on the amend- Davis (IL) John Mollohan Ensign Nethercutt Wolf DeFazio Johnson (CT) Moran (VA) Everett Neumann Young (AK) ment offered by the gentleman from DeGette Johnson (WI) Morella Foley Northup Young (FL) California (Mr. CAMPBELL). Delahunt Johnson, E. B. Murtha Fossella Norwood The amendment was agreed to. DeLauro Kanjorski Nadler Fowler Nussle AMENDMENT NO. 5 OFFERED BY MR. ROGAN Deutsch Kaptur Neal Frelinghuysen Oxley Dicks Kelly Ney Gallegly Packard Mr. ROGAN. Mr. Chairman, I offer an Dingell Kennedy (MA) Oberstar Gekas Parker amendment. Doggett Kennedy (RI) Obey The CHAIRMAN. The Clerk will des- Dooley Kennelly Ortiz NOT VOTING—21 Doyle Kildee Owens ignate the amendment. Edwards Kilpatrick Pallone Barr Cooksey Olver The text of the amendment is as fol- Ehlers Kind (WI) Pappas Bateman Dixon Paxon lows: Engel Kleczka Pascrell Becerra Gonzalez Petri Eshoo Klink Pastor Boyd Hastings (FL) Radanovich Amendment No. 5 offered by Mr. ROGAN: Etheridge Klug Payne Bunning Istook Tanner Strike section 6 and redesignate succeed- Evans Kucinich Pelosi Clay Matsui Watkins ing sections, and references thereto, accord- Ewing LaFalce Pomeroy Cook Miller (CA) Weldon (PA) ingly. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2263 Mr. ROGAN. Mr. Chairman, this I introduced, which followed in a tradi- case. I would be honored to work with amendment would involve deleting sec- tion that was started by Representa- my colleague in this particular area to tion 6 from the bill that is before us. tive Drinan many Congresses ago when fashion a more appropriate remedy. Section 6 as proposed would allow par- he introduced a bill to allow for pre- So I want to thank the gentleman for ties as a matter of right in a civil case emptory challenges of judges in crimi- his comments and for all the work he to peremptorily challenge a judge, nal cases. has done on this bill. without any showing of cause, for bias It is my belief that we should have a Mr. CANADY of Florida. Madam or prejudice. Under current law, a provision that covers criminal cases, Chairman, I thank the gentleman for judge may be challenged for cause or civil cases in districts throughout the his comments, and I would extend the for bias, but there must be an actual country. What is in the bill now, as a same offer to work together to the showing. result of the work of the Committee on Democratic members of the Committee on the Judiciary who have opposed the b 1300 the Judiciary which I respect, is a ver- sion that only covers civil cases, it cov- provisions of the bill but who I also be- My concern, Mr. Chairman, with re- ers certain districts in the country, lieve are concerned about helping en- spect to the proposal that is set forth, and I am not very enthusiastic about sure that all litigants are treated fairly is that it would do a couple of things. this version of the bill. in cases that are brought in the Fed- First, it would increase the likelihood What I would ask the gentleman eral courts. that attorneys will use the new proce- from California to do is to consider the Mr. FRANK of Massachusetts. dure for ‘‘forum shopping’’; secondly, it problems with the current system and Madam Chairman, I move to strike the would allow lawyers to put judges in to work with those of us on the Com- requisite number of words. the position where retail justice is mittee on the Judiciary who are con- Madam Chairman, I want to, as did being served. cerned about those problems for a real- the gentleman from California, express Mr. Chairman, in California, my istic way of helping ensure that liti- my appreciation for the spirit of co- home State, we have a similar provi- gants can have confidence that they operation that the gentleman from sion already on the books that is being are going to be treated fairly and not Florida, to say yes. I think this is proposed by this current legislation be trapped in the courtroom of a judge something we could work on in a coop- under section 6. Unfortunately it is who has a bias or who otherwise is not erative way. I would just like to ex- often used for all the wrong reasons. going to treat the particular litigant press my appreciation to the gen- We have a number of examples in Cali- fairly. I think that is important to ev- tleman from California, the gentleman fornia where judges have been chal- eryone. from South Carolina, who joined in lenged not because of their ability to In the past the American Bar Asso- this bipartisan effort, and I think it is be fair or to hear a case; they are chal- ciation has supported efforts along very likely in the spirit that is devel- lenged because of their race, sex, age, these lines of preemptory challenge. oping here we will be able to address political affiliation, or some other fac- Preemptory challenge may not be the these issues. So I welcome this support, tor unrelated to their ability to sit in right way to do it, but I am convinced I thank my colleagues for the coopera- judgment. that the current system is fundamen- tion, and I shut up. Mr. Chairman, in California when I tally flawed. At least the way it oper- The CHAIRMAN pro tempore (Mrs. was a judge, I was present at judicial ates is flawed in many cases, and we EMERSON). The question is on the conferences where judges sat around need to do something to address that. amendment offered by the gentleman and polled each other as to what the Having explained that background, I from California (Mr. ROGAN). ‘‘going rate’’ was for sentencing in a will not oppose the gentleman’s amend- The amendment was agreed to. particular case. Judges knew that if ment, but I will hope that the gen- AMENDMENT OFFERED BY MS. JACKSON-LEE OF they deviated from the going rate, then tleman, the gentleman from California TEXAS Ms. JACKSON-LEE of Texas. Mr. attorneys who had the ability to come (Mr. ROGAN), will be willing to work into court and file a blanket affidavit with us in coming up with ways of ad- Chairman, I offer an amendment. The Clerk read as follows: of prejudice against them would do so, dressing the real problems that do thereby precluding them from hearing exist because what we are looking for Amendment offered by Ms. JACKSON-LEE of Texas: either a case, or a class of cases. is a system that will protect all liti- Add the following at the end of the bill: I think that we ought to retain the gants, a system that will allow every- SEC. 12. PROTECTIVE ORDERS AND SEALING OF current system where judges may be one going into court to believe that CASES AND SETTLEMENTS RELAT- challenged in cases of actual bias or they are going to get a fair shake, not ING TO PUBLIC HEALTH OR SAFETY. prejudice. Although I respect the fact that they are going to get any advan- (a) IN GENERAL.—Chapter 111 of title 28, that my dear friend, our former col- tage but that they will not be treated United States Code, is amended by adding at league from California, Dan Lungren, unfairly. the end thereof the following new section: is in support of the bill in an And that is my objection, and I be- ‘‘§ 1660. Protective orders and sealing of cases unamended fashion, I rise because I op- lieve that that is the objective of the and settlements relating to public health or pose this one particular provision. gentleman from California and all the safety Mr. CANADY of Florida. Madam others who have been engaged on this ‘‘(a) FINDINGS OF FACT REGARDING PUBLIC Chairman, I move to strike the last HEALTH AND SAFETY.—No order entered in issue. accordance with the provisions of rule 26(c) word. Mr. ROGAN. Madam Chairman, will of the Federal Rules of Civil Procedure shall Madam Chairman, I am not going to the gentleman yield? continue in effect after the entry of final oppose the gentleman’s amendment al- Mr. CANADY of Florida. I yield to judgment in that case, unless at or after though I believe that there is a prob- the gentleman from California. such entry the court makes a separate find- lem with the current system that needs Mr. ROGAN. Madam Chairman, first ing of fact that such order would not prevent to be rectified. Under the current sys- I want to thank my distinguished col- the disclosure of information which would tem in many cases I believe that liti- league, the subcommittee chairman, adversely affect public health or safety. ‘‘(b) RESTRICTION ON AGREEMENTS AMONG gants who have a reasonable basis for for his comments. And I think that the PARTIES.—(1) No agreement between or believing that they are not going to be chairman has hit the nail on the head: among parties in a civil action filed in a treated fairly by a particular judge do there are some procedural defects in court of the United States may prohibit or not really have any realistic recourse what is currently on the books. otherwise restrict a party from disclosing to have the case moved to be consid- I agree that the procedure that was any information relevant to such civil action ered by another judge. I do not think being proposed, a blanket preemptory to any Federal or State agency with author- the current system is working. challenge, is not the best way to deal ity to enforce laws regulating an activity re- I am not going to oppose this amend- with this. I would be the first to con- lating to such information, unless the court ment at this time because the version cede that there are problems with the makes a separate finding of fact that such agreement would not adversely affect public of preemptory challenge to judges that current system. These problems are as health or safety. is contained in the bill is a much trun- diverse as the personalities of those ‘‘(2) Any disclosure of information de- cated version of my original bill which judges who might be inclined to hear a scribed in paragraph (1) to a Federal or State H2264 CONGRESSIONAL RECORD — HOUSE April 23, 1998 agency shall be confidential to the extent we have a situation where we have an Madam Chairman, the tenor here on provided by law.’’. oversight over the overall point of per- the floor has gone from discord to har- (b) TECHNICAL AND CONFORMING AMEND- spective of settlement secrecy. mony. I am not going to bring it back MENTS.—The table of sections for chapter 111 Let me add one other case. There was of title 28, United States Code, is amended by to discord, but I want to at least go on adding at the end the following: a case in the Third Circuit where the record as resisting the amendment of ‘‘1660. Protective orders and sealing of cases manufacturer of a drug that caused in- the gentlewoman from Texas. and settlements relating to ternal bleeding, they secured a secrecy The amendment was defeated during public health or safety.’’. order barring the injured consumer’s the committee markup of the bill. It is (c) EFFECTIVE DATE.—The amendments attorney from disclosing this informa- opposed by persons interested in pri- made by this section shall take effect 30 days tion to a government agency. vacy issues; as well as the business after the date of the enactment of this Act I am saying to all of my colleagues, community, including the National As- and shall apply only to orders entered in this impacts our quality of life. In 1984 sociation of Manufacturers, NFIB; the civil actions or agreements entered into on studies indicating the hazards of sili- Chamber of Commerce, and others. or after such date. con breast implants were being uncov- The amendment, it seems to me, Ms. JACKSON-LEE of Texas. Madam ered. However, because of a protective would limit the ability of parties to ne- Chairman, I appreciate very much the order, this critical information was gotiate private settlements and the au- detailing of my amendment because I hidden from public view and from the thorities of a court to seal sensitive in- think if we listen acutely and care- FDA until 1992, more than 7 years and formation after a final judgment has fully, we will find that my amendment literally tens of thousands of victims been reached unless a court makes a does represent judicial reform, and the later. Secrecy in our State and Federal separate finding of fact that not reveal- reason is that I am not seeking to take courts undermines the right to know of ing the information would not ad- away the discretion of the judiciary or every American citizen. versely affect public health or safety. the judge. I am simply saying that I Let me now intervene and say it is Recent studies, the Harvard Federal think in support of the right to know not open season on secrecy. This par- Judicial Center, the Judicial Con- of the American people, even if one ticular amendment, if we are truly con- ference, they strongly suggest that would argue that we have not deter- cerned about judicial reform, simply protective orders issued under rule mined that secrecy prevails and that requires the judge to make a ruling 26(c) are not causing health or safety judges may assess in their own deter- that, yes, this does not impact the pub- problems. In fact, the Civil Rules Advi- mination at some time and can be cited lic health and safety. sory Committee of the Judicial Con- sometime that they had determined Madam Chairman, I cannot imagine ference met in March, last month, and that in a settlement they would, in that Americans would not be so con- determined that no changes to rule fact, allow the facts to be detailed. cerned as to not ensure that we have 26(c) were needed. We have found that most often se- the open access to information that Since many protective orders, and crecy, once it is requested, remains. would impact their life and safety. maybe most, are issued in employment That creates a dangerous and hazard- discrimination and civil rights cases, b 1315 ous set of circumstances for American the amendment would compromise the consumers, American business persons, Secrecy keeps vital health and safety privacy rights of individuals, it seems and generally it interferes with the information from consumers. They to me. For example, a sealed order re- fairness of having knowledge about have a right to know. The confidential garding medical records of an AIDS pa- anything that can impact negatively settlements of early litigation involv- tient, for example. The amendment on the community. ing the artificial valves kept life- would also jeopardize the proprietary I want to focus in particular on the threatening defects secret, even as rights of businesses, trade secrets, and language of this amendment. It indi- more valves were being implanted. other confidential information, which cates that a judge is required to make Hundreds of patients have died as a re- a competitor might want to gain access an assessment of whether or not se- sult of our failure. to such information. crecy must be maintained. That means In other cases, doctors have avoided The courts already have rather wide that it allows the judge to go in specifi- disciplinary charges because court discretion not to issue protective or- cally and assess the facts and decidedly files, which would document negligent ders or to modify or rescind them. Dis- make a determination: Yes, this must care, have been sealed. Secrecy creates covery and the discovery process are remain secret; no, it must not. In that more litigation. If you do not have the designed to encourage parties to share ruling we would hope that the judge right to have this information ac- information with each other and to set- would take into consideration the ter- knowledged, then others are injured. tle, if possible. The amendment, it rible devastation or the blight that What does that generate? More liti- seems to me, interferes with this proc- would come about by way of not allow- gation. If we are talking about bring- ess and may well impose a greater ing this information to come out. ing down the cost of what we perceive strain on limited judicial resources. Let me share with my colleagues an to be a litigious society, I happen to Madam Chairman, I urge my col- example that bears on health and safe- think everyone has a right to access leagues to vote against the amend- ty. A case in the United States Court the court of justice. But if for matter ment. of Appeals for the Fifth Circuit in- of argument we talk about increased Mr. CONYERS. Madam Chairman, I volved litigation of a manufacturer of litigation, secrecy helps to increase move to strike the last word. an artificial heart valve. This manufac- litigation, no matter what the cause. Madam Chairman, my dear friend, turer of heart valves was allowed to Business, personal injury, whatever we the gentleman from North Carolina, keep secret through a court order life speak of, if we do not have knowledge Mr. COBLE, pointed out this amend- threatening defects, even as more of and information, we increase litiga- ment was defeated in subcommittee. these valves were implanted in pa- tion. Well, that is probably an indication it tients. None of us want to tolerate that I would simply say as the American is a pretty good amendment. But it is sense of a lack of responsibility. We re- courts operate under the presumption important that we know that. alize there was a settlement, but in of openness, my amendment enhances The next thing I should point out to this instance if we take the scales of that openness. It allows those who feel everybody is that this amendment does justice, the weight of the public right that there is an element of secrecy not apply to civil rights cases. This to know is a more important right and that devastates the public safety the amendment prohibits orders preserving responsibility than the secrecy of liti- opportunity for the judge to rule that, the secrecy of documents that would gation. in fact, this information must be pre- adversely affect public health or safe- I would argue I do think that if we sented to the American public and pro- ty. So, we are all in agreement so far. weigh the scales of justice we will find tect the safety and health of Ameri- So this is an amendment you might that the higher right and the higher cans. want to consider favorably, because moral ground, along with the balance Mr. COBLE. Madam Chairman, I rise when you do not disclose vital health of the scales of justice, requires that in opposition to the amendment. and safety information and keep it out April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2265 of the public’s reach, we have people and, again, this is not open season on than 7 years, and literally tens of thou- that pay dearly; loss of life, as has been violating settlements; it is allowing sands of victims later. referenced by the gentlewoman from the judge to make an independent as- I would imagine if the business com- Texas. sessment that, in fact, you would do munity actually sat down, scratched So these protective orders are dan- damage to public health and safety if their head, and took out their pen, it gerous. The artificial heart valves you did not open these records. would have been better for this infor- problem with their defects were kept Mr. CONYERS. Madam Chairman, re- mation to be known in 1984 to avoid hidden. Hundreds of people died unnec- claiming my time, it is an easy ‘‘aye’’ the thousands upon thousands and mil- essarily, because the court allowed vote, and I urge support of the amend- lions of women who have been dev- these records to be sealed. ment. astated by the silicone breast implant. Then before I yield to the gentle- Mr. NADLER. Madam Chairman, I Knowledge would have avoided the woman from Texas, I want to raise the move to strike the requisite number of tragedies of 1998. problem that might become involved words. I also say that with respect to fuel with the tobacco settlement. Look, the Madam Chairman, I rise in support of tanks, with respect, as I said, to the court records have hidden thousands of this amendment. I think it is an excel- heart valves, with respect to a certain critical documents concerning the lent amendment. lighter that was utilized, as well as cer- strategies used around teenage smok- We have all read in the newspapers of tain xerox, asbestos, the Corvair story ing, minority targeting, nicotine ma- settlements of major lawsuits in which which we know so full well, these are nipulation. You do not want to keep many of the documents in court, the stories that the American consumers that information secret, do you? terms of the settlement, are secret. would have far better appreciated or The tobacco industry, bless their The fact is one of the purposes of our benefitted, if a judge had simply as- hearts, have gone to incredible lengths system of justice is to vindicate the sessed beyond the need of secrecy and to keep these documents under wraps. public interest and the public safety. the individuals inside that courthouse, Let us make sure that with this The suit in which someone sues a to say you have a settlement. But with amendment, they will not be able to do major company because the product respect to the violation of the con- that, because the courts are public in- they are producing is unsafe, that it is sumer product or the product itself, I stitutions, and the records and what going to cause deaths, and the com- believe in making an assessment. goes on in the courts should be within pany settles the suit, and one of the That information should either go to the province of the people. terms of the settlement is that the evi- the public or a governmental agency. Ms. JACKSON-LEE of Texas. Madam dence and the admission, perhaps, that That is what we are losing if we do not Chairman, will the gentleman yield? vote for this amendment. I cannot Mr. CONYERS. I yield to the gentle- this product is unsafe, or will cause death unless modified; you keep that imagine if we are talking about judi- woman from Texas. cial reform that we would not allow a Ms. JACKSON-LEE of Texas. Madam secret so people do not know it, that does not serve the public interest. court to make that assessment. Chairman, I thank the ranking member For the response that the rule works Companies should not be permitted for yielding. I am glad the gentleman all right, what was really said was we to buy off for cash these kind of safety has emphasized this is not and does not have seen no problems. We know a concerns so that other members of the have an impact on civil rights cases. judge will do it if they need do it. public will die or be injured. This needs Clearly, it points to the question of Again, I am not doubting the integrity to be in the public domain. public health and safety. of the judiciary, but this is too high a So I commend the gentlewoman from Interestingly enough, if we want to stake for us to leave it randomly to the Texas (Ms. JACKSON-LEE) for having clarify the procedural tracking of this arguments of lawyers who would plead the originality and initiative to offer amendment in committee, we had to that judge, ‘‘don’t you dare,’’ and, this amendment. I ask my colleagues unanimous consent on this amendment rightly so, the judge leaves it secret, to vote for it. for a period of time. I do note, and I, rather than making an independent as- Ms. JACKSON-LEE of Texas. Madam too, want to add to the collegiality of sessment that would cause a review of Chairman, will the gentleman yield? the floor debate and say to the gen- that material to allow just that infor- Mr. NADLER. I yield to the gentle- tleman from North Carolina (Chairman mation, public safety and health, to be woman from Texas. COBLE) that I recognize that there are allowed to be part of the public right- Ms. JACKSON-LEE of Texas. Madam supporters of this bill that are not sup- to-know. porting this particular amendment. Chairman, I thank the gentleman for Madam Chairman, with that, I would Many of them are from the manufac- his leadership on many of these issues. ask with all due seriousness and call turing and business community. I would like to go back, Madam for judicial reform; that this is an I would argue that that does not jus- Chairman, to something that remains amendment that speaks to reform be- tify opposing this particular amend- sort of controversial even today, but yond all. I would certainly ask that my ment, because, in fact, I think it is knowing the many breast implant sur- colleagues join in voting for this more important to not get into a dis- vivors that I have had the opportunity amendment on behalf of the American cussion between defense attorneys and to interact with from a perspective of people’s right to know. trial lawyers or plaintiff’s lawyers. not trying to do anything more than to Mr. NADLER. Madam Chairman, re- This has to be a question of the public bring to the American public that their claiming my time, I would add that I health and safety and the balance be- illnesses, that the impact of the sili- hope everyone votes for this amend- tween the scales of justice. cone breast implants are not a dream; ment. It seems to me this is one of the Do you want knowledge about car they are not unreal, they are actually very few amendments for which the ar- seats that impact babies to be kept se- real. guments are all on one side. I urge all cret, so that those who would have to So we are not talking about now the Members to vote for it. utilize these seats will not have the op- litigation and debate or nonlitigation. The CHAIRMAN pro tempore (Mrs. portunity to know the information to What we want to debate is whether or EMERSON). The question is on the prevent future litigation? What about not if we had had this particular provi- amendment offered by the gentle- Xomax, the artificial pain reliever that sion we would have been able to avoid woman from Texas (Ms. JACKSON-LEE). was manufactured in the early 1980s the tragedies of what we are seeing The question was taken; and the and was found to be dangerous? What today with so many victims of silicone Chairman pro tempore announced that about waterslides, where a gentleman breast implants. the noes appeared to have it. fell and slid and broke his neck? Why For example, in 1984, as I said earlier, RECORDED VOTE would we not want the information to and I want to repeat this, studies indi- Ms. JACKSON-LEE of Texas. Madam be able to provide the consumers with cated the hazards of silicone breast im- Chairman, I demand a recorded vote. the basis of not having that happen plants were being uncovered. Because A recorded vote was ordered. again? of a protective order, this critical in- The vote was taken by electronic de- So I really think that we do better to formation was hidden from the public vice, and there were—ayes 177, noes 242, err on the side of allowing the judge, view and from the FDA until 1992, more not voting 13, as follows: H2266 CONGRESSIONAL RECORD — HOUSE April 23, 1998 [Roll No. 104] Houghton Neumann Shaw tems, no sprinklers, there was no Hulshof Ney Shimkus AYES—177 Hunter Northup Shuster preplanning, no exit drills. There were Abercrombie Green Mollohan Hutchinson Norwood Sisisky no efforts in place to guarantee the Ackerman Hall (OH) Moran (VA) Hyde Nussle Skaggs safety of both the Members and our Allen Harman Morella Inglis Oxley Skeen constituents. Andrews Hefner Nadler Jenkins Packard Skelton Today I can rise and report exactly Baesler Hilliard Neal John Pappas Smith (MI) Baldacci Hinchey Oberstar Johnson (CT) Parker Smith (NJ) the opposite. In fact the response was Barcia Hinojosa Obey Johnson, Sam Paul Smith (OR) quick, it was efficient. The Sergeant at Barrett (WI) Holden Olver Jones Pease Smith (TX) Arms, the Capitol Hill Police, and Kanjorski Peterson (MN) Smith, Linda Becerra Hooley Ortiz those brave officers who by the way Bentsen Horn Owens Kasich Peterson (PA) Snowbarger Bereuter Hoyer Pallone Kelly Petri Snyder had to go to the hospital because of Berman Jackson (IL) Pascrell Kim Pickering Solomon smoke inhalation and whose names I King (NY) Pickett Souder Berry Jackson-Lee Pastor will enter into the RECORD today, all Bishop (TX) Payne Kingston Pitts Spence Blagojevich Jefferson Pelosi Klug Pombo Stearns performed above and beyond the call of Blumenauer Johnson (WI) Poshard Knollenberg Pomeroy Stenholm duty. Bonior Johnson, E. B. Price (NC) Kolbe Porter Stump I might add, however, that Members LaHood Portman Sununu Borski Kaptur Rahall who were on the seventh floor of Long- Boswell Kennedy (MA) Rangel Largent Pryce (OH) Talent Boucher Kennedy (RI) Reyes Latham Quinn Tauzin worth did acknowledge that imme- Brown (CA) Kennelly Rivers LaTourette Radanovich Taylor (MS) diately the alarm system did not go Brown (FL) Kildee Rodriguez Lazio Ramstad Taylor (NC) off, and that is the reason why we must Brown (OH) Kilpatrick Rohrabacher Lewis (CA) Redmond Thomas Campbell Kind (WI) Roybal-Allard Lewis (KY) Regula Thornberry continue to press for adequate Capps Kleczka Rush Linder Riggs Thune preplanning and the need for us to un- Cardin Klink Sabo Livingston Riley Tiahrt derstand the severity of the situation. Carson Kucinich Sanchez LoBiondo Roemer Traficant As I stood there during the entire op- Clayton LaFalce Sanders Lofgren Rogan Turner Clement Lampson Sawyer Lucas Rogers Upton eration and saw people in wheelchairs Clyburn Lantos Schumer Maloney (NY) Ros-Lehtinen Walsh and people who were challenged phys- Conyers Leach Scott Manzullo Rothman Wamp ically coming off the elevators, we Matsui Roukema Watkins Costello Lee Serrano come to realize the importance of tak- Coyne Levin Shays McCollum Royce Watt (NC) Cummings Lewis (GA) Sherman McDade Ryun Watts (OK) ing lessons in advance to understand Davis (FL) Lipinski Slaughter McHugh Salmon Weldon (FL) the potential for injury and perhaps Davis (IL) Lowey Smith, Adam McInnis Sandlin Weldon (PA) even loss of life in these kinds of situa- DeFazio Luther Spratt McIntosh Sanford Weller DeGette Maloney (CT) Stabenow McKeon Saxton White tions. Delahunt Manton Stark Metcalf Scarborough Whitfield So while the story was absolutely a DeLauro Markey Stokes Mica Schaefer, Dan Wicker positive one, and Sergeant at Arms Moran (KS) Schaffer, Bob Wolf Deutsch Martinez Strickland Livingood and the Architect of the Dingell Mascara Stupak Murtha Sensenbrenner Young (AK) Doggett McCarthy (MO) Tauscher Myrick Sessions Young (FL) Capitol, Ken Lauzier and the Chief of Edwards McCarthy (NY) Thompson Nethercutt Shadegg the Capitol Hill Police did an abso- Emerson McDermott Thurman NOT VOTING—13 lutely fantastic job with all the various Engel McGovern Tierney Eshoo McHale Torres Bateman Gutierrez Miller (FL) components that we could muster on Etheridge McIntyre Towns Clay Hall (TX) Paxon Capitol Hill, Dr. Eisold’s staff to treat Evans McKinney Velazquez Cook Hastings (FL) Tanner those personnel who were, in fact, af- Farr McNulty Vento Dixon Istook fected with smoke inhalation, there are Fattah Meehan Visclosky Gonzalez McCrery some lessons to be learned from this. I Fazio Meek (FL) Waters b Filner Meeks (NY) Waxman 1351 would hope that it would remind all of Ford Menendez Wexler Ms. McCARTHY of Missouri, Mrs. us that we need to understand that life Fox Millender- Weygand THURMAN and Mr. BOSWELL changed Frank (MA) McDonald Wise safety, both for ourselves and for our Frost Miller (CA) Woolsey their vote from ‘‘no’’ to ‘‘aye.’’ staffs and for our constituents, needs Furse Minge Wynn So the amendment was rejected. to be a top priority every day this Con- Gejdenson Mink Yates The result of the vote was announced gress is in session. Gephardt Moakley as above recorded. Mr. HOYER. Madam Chairman, will NOES—242 (By unanimous consent, Mr. WELDON the gentleman yield? Aderholt Chenoweth Foley of Pennsylvania was allowed to speak Mr. WELDON of Pennsylvania. I Archer Christensen Forbes out of order.) yield to the gentleman from Maryland. Armey Coble Fossella ANNOUNCEMENT OF FIRE EMERGENCY IN THE Mr. HOYER. Madam Chairman, I Bachus Coburn Fowler LONGWORTH HOUSE OFFICE BUILDING Baker Collins Franks (NJ) thank the gentleman from Pennsyl- Ballenger Combest Frelinghuysen Mr. WELDON of Pennsylvania. vania (Mr. WELDON) for yielding to me. Barr Condit Gallegly Madam Chairman, I move to strike the Madam Chairman, as all of us know, Barrett (NE) Cooksey Ganske last word. many of us know, the gentleman from Bartlett Cox Gekas Barton Cramer Gibbons Madam Chairman, we just experi- Pennsylvania has been one of the lead- Bass Crane Gilchrest enced what could have been a very ers on fire service protection not only Bilbray Crapo Gillmor tragic incident in one of our House of- on Capitol Hill but throughout this Bilirakis Cubin Gilman fice buildings, and that was a fire Bliley Cunningham Goode country. Blunt Danner Goodlatte which started in the basement of the He is a former chief of a volunteer Boehlert Davis (VA) Goodling new elevator shaft that is being con- fire company of his own congressional Boehner Deal Gordon structed, that poured smoke through- district, a former municipal leader. Bonilla DeLay Goss Bono Diaz-Balart Graham out that seven-story complex and re- And he did, in fact, raise to a high level Boyd Dickey Granger quired that building to be evacuated of attention, subsequent to the fire in Brady Dicks Greenwood for a significant period of time. Speaker Wright’s office, the necessity Bryant Dooley Gutknecht Eleven years ago I came on this floor to make our buildings more safe for Bunning Doolittle Hamilton Burr Doyle Hansen and offered a privileged resolution of our Members, for our staffs, as well as Burton Dreier Hastert the House regarding the health and for the visitors to our offices. Buyer Duncan Hastings (WA) safety of the Members, because we had Today’s fire in the Longworth House Callahan Dunn Hayworth Calvert Ehlers Hefley a similar fire in then Speaker Jim Office Building was a fire that appar- Camp Ehrlich Herger Wright’s office which burned out of ently an acetylene torch, I think, heat- Canady English Hill control, and to which I had to respond ed up some materials that ignited very Cannon Ensign Hilleary that the buildings that we work in are rapidly and shot flames seven stories Castle Everett Hobson Chabot Ewing Hoekstra absolute fire traps because there were high up through the elevator shaft. Chambliss Fawell Hostettler no detection devices, no alarm sys- There was very significant smoke on April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2267 the seventh floor. I do not know about b 1400 have been very concerned, and I have other floors, but I heard from my staff We thank all of them. We thank the opposed allowing cameras into trial on the seventh floor. chief of the department, Chief Abrecht. courts because I feared it might intimi- What is significant, and I think we We thank Bill Livingood for a fantastic date witnesses. It is already intimidat- all ought to know, is the extraor- job, Dr. Eisold, as well as Ken Lauizer ing enough for someone who witnesses dinarily quick and very skillful re- and everyone who came together in an accident or a crime, and then sees sponse that was given by the Capitol doing what should have been the right an appeal on television that the police ask anyone who has seen this or has in- Hill officers, our medical staffs, the thing, and that is responding. I would formation please come forward. It is in- Sergeant at Arms’ staff, all of those encourage, again, our colleagues to re- timidating enough for such a person who were called upon to assist in evac- member that on the seventh floor, the who knows that if they come forward uating the building. Some of the offi- alarm did not go off. they may well be asked to testify in cers that were taken out, were taken It is our responsibility to make sure court; they may well be subject to out because they remained in the if an incident occurs that we have to building to make sure that the building cross-examination by an attorney activate that manual alarm. It does whose job it is to impeach their credi- was, in fact, evacuated by showing not activate automatically. You have great courage to assure the safety of bility as a witness, and to make them to pull that device down. That was not look foolish. In effect, that is a pretty all of those who might be in the build- done on the seventh floor. ing. intimidating prospect. Furthermore, I would say this is an It is bad enough even if you are only In addition, I want to report that my opportune time for me to announce going to be subject to that cross-exam- staff reported that the District of Co- that next Thursday at this time, 12 ination in front of 30 people in the lumbia Fire Department was there al- noon, there will be 3,000 firefighters courtroom. But to be subject to that most immediately. There has been from across the country in the parking cross-examination perhaps in front of some criticism of the District of Co- lot right outside this door where we all your relatives, and friends, and lumbia Fire Department for not re- will assemble the largest gathering the wife, and children, and neighbors might sponding as quickly as they might, but Nation’s fire and EMS community who be even more intimidating. I have al- in this instance they were there very, are coming to us to talk about the fact ways feared that this might lead to very quickly. that they feel we are not doing enough some witnesses not coming forward. And I think we owe a debt of thanks to assist them in their current efforts The gentleman from Ohio (Mr. to all of those who we rely on day-to- by our agencies in Washington to deal CHABOT) suggested a way out of this di- day. As is so often the case, we do not with the threats of terrorism and the lemma, and I am delighted to join him think of them because we are not per- response to those terrorist acts. in offering this amendment. He sug- sonally involved, it does not happen, I would encourage our colleagues to gested, and what this amendment does there is not a crisis. And because they join with the gentleman from Mary- is to say that where you are having are there to respond to domestic crises land (Mr. HOYER) and myself as we cameras in the courtroom in a trial such as this and we do not have one, we have a national press conference with court, any witness other than a party may not acknowledge their presence the Speaker in attendance and focus on to the action may at his or her request and their readiness to risk their limbs their issues, one week from today at 12 have his face and voice distorted so you and their lives to protect their commu- noon directly outside of the House cannot tell whose face it is, and you nities. Chambers. cannot recognize the voice. You can So I want to join with the distin- AMENDMENT OFFERED BY MR. NADLER still hear what he is saying on the tele- guished gentleman from Pennsylvania Mr. NADLER. Madam Chairman, I vision so that, yes, this person’s name (Mr. WELDON), who has really made it a offer an amendment. will be known; yes, you can photograph cause, and a successful one at that, to The Clerk read as follows: him walking in or out of the court- ensure that we are aware of the risks Amendment offered by Mr. NADLER: room, but he is not, he will have less and take every precaution to avert Page 17, strike line 20 and insert the fol- fear of being made to look foolish in risks that might have tragic con- lowing: front of his friends on television by the sequences for individuals not only on (b) AUTHORITY OF DISTRICT COURTS.— opposing attorney. Capitol Hill, not only in this city, but (1) IN GENERAL.—Notwithstanding— This is not the most important thing throughout this country. Move the remaining text on lines 21 in the world, but I suspect very much through 25 2 ems to the right. that there are witnesses in this world So I thank the gentleman for taking Add after line 25 the following: this time and thank him for yielding who will come forward if this is the (2) OBSCURING OF WITNESSES.—(A) Upon the procedure who might not otherwise me this time. request of any witness in a trial proceeding Mr. WELDON of Pennsylvania. other than a party, the court shall order the come forward if this is not the proce- Madam Chairman, reclaiming my time, face and voice of the witness to be disguised dure. Again, you have cameras in the just in closing I would mention from or otherwise obscured in such manner as to courtroom. This does not take that the D.C. Fire Department that Battal- render the witness unrecognizable to the broadcast audience of the trial proceeding. away. But it simply allows a witness at ion Chief Schaefer was the leader. We (B) The presiding judge in a trial proceed- the witness’ request to have his or her had Engine Company 13, 2, 8 and 6; ing shall inform each witness who is not a face and voice obscured during the tes- Truck Company 7 and 10; Rescue Com- party that the witness has the right to re- timony. At the committee, no argu- pany 1 and 3; and Battalion 2. They did quest that his or her image and voice be ob- ments were offered in opposition so an absolutely fantastic job. scured during the witness’ testimony. there was some confusion and some In addition, I would like to enter the Mr. NADLER (during the reading). Members voted against it. I hope that names of those officers who were taken Madam Chairman, I ask unanimous will not happen on the House floor to the hospital. We do not know the consent that the amendment be consid- today. status of these officers’ conditions. ered as read and printed in the RECORD. Mr. CHABOT. Madam Chairman, I They were all affected by smoke inha- The CHAIRMAN pro tempore (Mrs. move to strike the last word. lation, but I think it once again under- EMERSON). Is there objection to the re- I rise in support of the amendment scores the need for us to be aware of quest of the gentleman from New offered by the gentleman from New the duty and the honor that these peo- York? York (Mr. NADLER) and myself. The ple take so seriously in protecting the There was no objection. amendment gives important protec- lives of ourselves and our constituents. Mr. NADLER. Madam Chairman, I tions to witnesses who may be other- Taken to local hospitals and either am pleased to offer this amendment wise reluctant to testify in a televised treated or currently there for further along with my colleague, the gen- trial by requiring upon request of the treatment are Sergeant Givens, Officer tleman from Ohio (Mr. CHABOT). As my witness that the face and voice of the Merz, Officer Scott, Officer Worley, Of- colleagues know, this bill would permit witness be disguised or obscured in ficer Sturdivant, Officer Cleveland and cameras into Federal district courts at such a manner that it will not be evi- Officer Blackman-Malloy. the judge’s discretion. In the past, I dent who that person is testifying. I H2268 CONGRESSIONAL RECORD — HOUSE April 23, 1998 think it is a good amendment. I thank tunate, so I will also vote for the There was no objection. the gentleman for offering it. amendment. Ms. LOFGREN. Madam Chairman, Mr. COBLE. Madam Chairman, I The CHAIRMAN pro tempore. The this amendment is offered by myself move to strike the requisite number of question is on the amendment offered and the gentleman from New York (Mr. words. by the gentleman from New York (Mr. NADLER) to correct what is a very seri- I will not consume 5 minutes. As we NADLER). ous defect in our Federal criminal and all know, cameras in the courtroom is The amendment was agreed to. civil procedures. an issue adamantly opposed by some; Mr. WATT of North Carolina. Madam Under our Federal law and the law of enthusiastically supported by others. Chairman, I move to strike the last many States, children can be com- This amendment, it seems to me, does word for the purposes of a colloquy pelled to testify against their parents, no harm. It modifies the cameras in with the chairman. and parents can be compelled to testify the courtroom approach slightly, but I I simply wanted to, in a sense, create against their children. Although most think there the error is harmless, and a legislative record so that everybody prosecutors refrain from subjecting a I will not resist the amendment, not is aware of an interpretation that we family to this terrible situation, it can oppose the amendment. are giving to a provision in this bill, and does occur. I have long believed Mr. FRANK of Massachusetts. and wanted to call the chairman’s at- that parents and their children should Madam Chairman, I move to strike the tention to page 3, section 3 of the bill, be shielded from this trauma, and that requisite number of words. and reaffirm with the chairman that it doing so would not do significant dam- After the passionate appeal of the is, in fact, the intention of this bill to age to the administration of justice. gentleman from North Carolina, I allow an immediate appeal either on Therefore last month the gentleman thought I would try to restore a sense the granting of a class action motion, from New York (Mr. NADLER) and I in- of calm to the Chamber. I also do not or on the denial of a class action mo- troduced H.R. 3577, which currently has regard this as an amendment of enor- tion to assure that this provision in the 18 cosponsors in the House. This bill, mous significance. I may approach it, bill is intended to work in both direc- the Confidence in the Family Act, is however, from the opposite direction. I tions. identical to this proposed amendment. do not like the underlying provision. Mr. COBLE. Madam Chairman, will This amendment would ensure that I think requiring witnesses to a trial the gentleman yield? parents and children could not be com- to be on camera, I think, is a mistake. Mr. WATT of North Carolina. I yield pelled to testify against one another, I think where you are talking about to the gentleman from North Carolina. and that confidential communications appellate courts, it is reasonable, and I Mr. COBLE. Madam Chairman, the between parents and children will be think the Supreme Court of the United gentleman from North Carolina is pre- protected. These privileges would be States deserves criticism for not allow- cisely correct; that is the intent, to similar to the privileges currently pro- ing its arguments to be run. I can apply to both. vided under Federal law to spouses, and think of few things that would be more AMENDMENT OFFERED BY MS. LOFGREN would be developed by the courts in useful and more informative for the Ms. LOFGREN. Madam Chairman, I light of the common law, reason, and country than for people to be able to offer an amendment. experience. watch Supreme Court arguments. Rule 501 of the Federal Rules of Evi- The Clerk read as follows: The notion that the nine Supreme dence states that, except as otherwise Court justices and members of the Su- Amendment offered by Ms. LOFGREN: required by the Constitution of the Add the following at the end: preme Court bar would somehow be in- United States or act of Congress, the timidated or thrown off by this is non- SEC. 12. PARENT-CHILD TESTIMONIAL PRIVI- LEGES IN FEDERAL CIVIL AND privilege of witnesses, persons, govern- sensical. But when you get to wit- CRIMINAL PROCEEDINGS. ments, States, et cetera, will be gov- nesses, I think it is a mistake. I am not Rule 501 of the Federal Rules of Evidence is erned by the principles of the common offering an amendment now; I do not amended— law as they may be interpreted by the want to take the time in the House. I (1) by designating the 1st sentence as sub- courts of the United States. do think the gentleman’s amendment division (a); We went to this development of evi- makes a situation that I regard as an (2) by designating the 2nd sentence as sub- dence back in 1975 when the Committee unfortunate one a little less unfortu- division (c); and on the Judiciary recommended, and the (3) by inserting after the sentence so des- nate. I think it is a good idea to have ignated as subdivision (a) the following new Congress adopted, the rule that allows the face obscured. subdivision: our courts to develop the details of On the other hand, I do have to say ‘‘(b)(1) A witness may not be compelled to privileges and exceptions. the gentleman said, well, people might testify against a child or parent of the wit- As you note, in the amendment that be afraid of being made to look foolish. ness. the development of this exception for They will still be made to look foolish. ‘‘(2) A witness may not be compelled to dis- parents and children should follow that They will, however, be made to look close the content of a confidential commu- allowed for spouses. In answer to some foolish with their face obscured. There nication with a child or parent of the wit- questions that Members have had, ness. may be a large number of people in this ‘‘(3) For purposes of this subdivision, spouses currently can be compelled to society who do not mind being made to ‘child’ means, with respect to an individual, testify against each other in certain look foolish, when everyone knows who a birth, adoptive, or step-child of the individ- circumstances. they are, as long as their faces are ob- ual, and any person (such as a foster child or For example, threats against spouses scured. But I think the, okay, put a a relative of whom the individual has long- and spouses’ children do not further mask over me and make me look silly term custody) with respect to whom the the purposes of marital communica- group is smaller than my friend may court recognizes the individual as having a tions, and therefore are not protected make. right to act as a parent. from disclosure. Similarly, marital So therefore I would rather not see ‘‘(4) The privileges provided in this subdivi- sion shall be governed by principles of the communications subject to the privi- this at all with regard to witnesses. I common law, as they may be interpreted by lege are subject to an exception for do think anybody ought to have a right the courts of the United States in the light crimes committed against a minor to object. When you talk about people of reason and experience, that are similar to child and the rule that one spouse can- who are involuntary participants, pri- the principles that apply to the similar privi- not be a witness against the other is vate citizens, not used to the public de- leges of a witness with respect to a spouse of subject to exception where one spouse bate being thrust into the public this the witness.’’. commits an offense against the other. way in a trial, I do not think it is a Ms. LOFGREN (during the reading). That is U.S. v. Allery. good idea to require them to be cross- Madam Chairman, I ask unanimous Why is this important? I think many examined, perhaps, and made to look consent that the amendment be consid- of us, without going into any of the de- foolish to be there. But that is not the ered as read and printed in the RECORD. tails, recently observed a situation in issue now. This is an amendment that, The CHAIRMAN pro tempore. Is which a mother was asked in a very as I said, makes what I regard as an un- there objection to the request of the high profile case to testify about con- fortunate situation a little less unfor- gentlewoman from California? fidences that her daughter had placed April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2269 in her. When I saw that, and it is not a The amendment creates a broad Madam Chairman, I rise to support new thing in the law, I immediately privilege that would prevent a court this amendment to protect the parent- thought of my daughter who is 16 years from compelling a witness to testify child privilege. A few weeks ago, I old, and I thought, could the govern- against a child or a parent of that wit- joined with the gentlewoman from ment force me to reveal what my 16- ness or from revealing confidential California (Ms. LOFGREN) to introduce year-old told to me in confidence? conversations between the two. The a bill to create this privilege in Federal There is something quite wrong about overwhelming majority of Federal and law; and I am proud to support this that. State courts, Madam Chairman, have amendment today. We parents spend most of our lives rejected such a parent-child privilege. Frankly, I always assumed it was in trying to make sure that our children The Judicial Conference—well, let the law. It was only when we read trust us enough that if they have a me say it a different way. I do not about the situation with Ms. Lewis problem, if there is something that is mean to say that we should only com- being compelled to testify against her troublesome, they always know that ply with what the Judicial Conference daughter by the independent counsel they can, and they should, come to wants. But we do stay in touch with that I, to my surprise, found there was their mom and sort through it with us the Judicial Conference, and the Judi- no such privilege. so that we can help them make mature cial Conference has not informed the This amendment will not affect that decisions, so that we can help them committee that it plans to recommend situation. That testimony has already lead a good life, and come to where any changes to Rule 501, which is of occurred. But it will affect the future. they need to be. some significance I think. We pride ourselves in this country on If the young people of this country Recognition of a parent-child privi- the sanctity of the family. It is one of understand, as they currently do now, lege might prevent a parent from act- the core, fundamental American val- unfortunately quite well, that the con- ing in the child’s best interest by noti- ues. We encourage our kids to talk to fidences revealed to a parent as we sort fying authorities. Similarly would the us. We ask them to confide in us, to through the things that we do in ado- alleged benefits of such a privilege out- come to us when they are in trouble. It lescence could be forced out into public weigh the harm caused by a child is not always easy, but I am sure a lot view, that important bond, that impor- whose testimony could not be com- of fellow parents out there will agree tant value, that family value is unal- pelled against a parent indulging, for with me when I say that developing terably disrupted. example, in drug trafficking. that bond of trust between parent and The scope of the privilege is not ex- We have talked a little bit about the child is part of what being a parent is plained in the Lofgren amendment. I do details and the exceptions to this rule all about. not think the scope of the privilege is of evidence, but I think it is important The concept that a parent could be explained in the amendment. For ex- to understand why there are exceptions compelled to testify against his or her ample, would it only apply to to forcing testimony at all. own daughter or son is shocking to a unemancipated minors? What about lot of people. It is shocking to me. In b 1415 stepparents? What about grandparents? fact, a lot of people that I have spoken And I guess I alluded to this earlier, We do not force a husband and wife to are amazed that this kind of thing is Madam Chairman, that this was not to testify against each other, and the not illegal already. They have asked, the subject of the subcommittee hear- reason why is that we have said that how can we do this in America? ing nor the full committee markup. the spousal relationship is so impor- We have decided in our judicial sys- And I think the idea is, essentially, un- tant that we will not allow it to be dis- tem that certain privileges, certain re- tested at the State level; and I just do rupted by the government for any pur- lationships are sacred. The vast major- not believe that we can anticipate the pose. ity of jurisdictions recognize the hus- consequences of enactment. And I just Surely, the relationship between band-wife privilege as well as attorney- believe that it is ill-timed, among mother and daughter, between father client and psychiatrist-patient. And, and daughter, between father and son other reasons that I just mentioned. Madam Chairman, I yield to the gen- yes, there are cases that would have is as valuable, as precious as that be- tlewoman from California (Ms. turned out differently if we could have tween husband and wife. LOFGREN). compelled a psychiatrist to testify I hope that the House will look favor- Ms. LOFGREN. Madam Chairman, I about his patient or lawyer against her ably upon the amendment. recognize that the gentleman from client or husband against wife or wife Mr. COBLE. Madam Chairman, I rise North Carolina disagrees on the sub- against husband. But that is not the in opposition to the amendment, and I stance, but I did want to clarify so as kind of judicial system we want, where do so not real comfortably because of not to mislead in terms of my previous husbands and wives are compelled to the fact that the gentlewoman from comment. I was referring to line 3 in testify against each other except where California (Ms. LOFGREN) has been a Rule 501. there has occurred spousal abuse or very valuable member of the Commit- ‘‘The privilege of a witness, person, child abuse or something of that na- tee on the Judiciary and, more specifi- government, State or political subdivi- ture. It is not the kind of country we cally, the Subcommittee on Courts and sion thereof shall be governed by the want. Intellectual Property. principles of the common law as they I have long believed that the same But I say to the gentlewoman from may be interpreted by the courts of the sort of privilege should be extended to California, there is a matter that prob- United States and in the light of rea- parents or children. No parents should ably should have come a little earlier. son and experience,’’ is what I meant ever be faced with the agony of being I realize that we cannot always be per- to refer to so as to avoid any confusion. in contempt of court or of testifying fect as far as timing is concerned. But And as my colleague notes in the against his or her child. No child Rule 501 simply requires a court to ob- amendment, on line 3, page 2, the should ever have to fear that sharing serve principles of common law when amendment suggests to the court that personal information with his parent deciding whether to confer privileged the privileges to be carved out for par- or her parent could result in a sub- status to an individual or relationship ent-child should be similar to those poena for his parent. unless an action is civil and involves with the same exceptions that have This amendment would remedy this State law, in which case State law on been devised for the spousal privilege. by establishing this parent-child privi- the matter would be applicable. Further, in answer to the question as lege and would require the Federal A privilege means, as most of my col- to foster parents or stepchild, I have courts to establish its boundaries ac- leagues know, that a court may not suggested, on line 17 on section 3, that cording to the principles of common compel testimony against a privileged such individuals should be included if law as well as the court’s own reason witness or party. For example, many the court recognizes that the individ- and experience. States will not compel a person to tes- ual is seen as having the right to act as For the past several years, there has tify against his or her spouse or to re- a parent. been a lot of talk in this town about veal confidential conversations be- Mr. NADLER. Madam Chairman, I family values. I think it is fair to say tween them. move to strike the last word. that this amendment is a test of that. H2270 CONGRESSIONAL RECORD — HOUSE April 23, 1998 If we truly respect family values, we were talking about a kidnapping? What cause it is germane and because I am must put our money where our mouth if we were talking about a 60-year-old reasonably confident that my bill will is. If we truly respect family values, we parent and a 35-year-old child? What if not be heard. must protect the ability of parents and the criminal was the 60-year-old parent Mr. FRANK of Massachusetts. children to have full trust in each and the 35-year-old child had valuable Madam Chairman, let me say this. I other and not fear the court’s subpoena information dealing with a serious fel- think the gentlewoman has made to get in between them. ony? something of an assumption that is not Now, I heard the gentleman a mo- This bill extends the privilege equal- fair to the gentleman from North Caro- ment ago say that we do not want to ly to a 35-year-old child of a 60-year-old lina. I do not see why she would as- prevent parents, that this amendment accused criminal as it does to a 35- sume that we could not have a hearing might prevent parents from notifying year-old mother of an 8-year-old child, on this issue. I would be surprised if authorities in case of crimes or dam- or vice versa. So, for instance, one of the gentleman from North Carolina ages. But that is mistaken. It would the questions I have and I noted my said at an appropriate time he will not not. This amendment would only pre- staff pointed out to me, the State of do this. vent compulsion from the court. It Massachusetts has such a privilege for I will note that, on a bill that has would prevent the court from compel- minor children only. Now, that is an been a bill for less than a month, it ling a parent to testify or a child to interesting idea I would like to ex- certainly would not be fair to criticize, testify against his or her parent. It plore. Maybe there ought to be some and the gentlewoman was not criticiz- would certainly not prevent the par- kind of privilege for minors. But that ing. We have only been back in session ents from notifying the police or the is not in this bill. for about a week and a half. But I courts of drugs of or crimes or of dan- This bill went through subcommit- think this is something we should be ger or anything else that they wanted tee. It went through hearing and sub- considering. But taking it up on the to notify and thought it advisable to committee and committee. This is the floor now, when nobody knows much notify the police or other authorities first I have heard of it. I notice the about it, without any of these ques- about. It simply would say the court gentlewoman from California (Ms. tions, on a blanket basis, seems to me shall not be between a parent and child LOFGREN) did file this as part of her a very poor way to legislate. I also want to add again, I disagree at and compel that testimony. bill on March 28, the Friday before we I think we have to recognize, as to went out. It is just not enough time. this point. I do not understand why a this human relationship we have, if we This is civil and criminal. Maybe 40-year-old who may have murdered are ever going to be serious about pro- there should be a privilege in civil someone should be shielded from his or tecting family values, this is the key. cases. Although, even in civil cases, I her 60-year-old parent testifying. I do not understand that. It is a very dif- Everything else we do about family note when I read about insider trading, ferent situation if we are talking about values may be wise or not wise, but a crime which a lot of people on my a 14-year-old. But having one blanket nothing is more key than enabling a side do not like, that very often those to cover all of these situations seems parent and a child to talk under all cir- involved in insider trading are rel- to me to be a mistake. atives, they are adult relatives, the cumstances without anyone worrying Ms. LOFGREN. Madam Chairman, if that someone is going to compel the adult stockbroker son of a lawyer fa- the gentleman would yield further, child or the parent to testify in court ther or mother. Well, I do not know that is a substantive disagreement; and about the confidences. We want chil- that I want to give those people a that is fair enough. dren to be able to confide in their par- privilege. I would like to point out, however, in ents and vice versa. I do not see that there is any problem defense of the proposal, even though I So I very much urge all my col- in saying that adult children and adult understand his valid and thoughtful ob- leagues to support this excellent parents who are in the financial busi- jection, but the better view in terms of amendment. ness can conspire to do inside trading the cases as to criminal activity in the Mr. FRANK of Massachusetts. without talking to each other. These area of spousal privilege is that the Madam Chairman, I move to strike the are all the issues that ought to be privilege does not apply to furtherance requisite number of words. talked about, and they have not been. of this. I rise to disagree with my friend on I do not think it is a good idea in Mr. FRANK of Massachusetts. the general principle, also on one spe- anger against Kenneth Starr to bring Madam Chairman, I thank the gentle- cific. He said, in the course of discus- this forward at this point without woman. As she knows, the better view sion of good conversations with our knowing a lot more about it. Maybe means, for the nonlawyers, understand parents, we should put our money there are Members here who know a lot my colleague is talking lawyer now, where our mouth is. My mother always more than I do about this subject. That not English. That is not her fault. That told me never to put any money in my would not be hard. But that is pre- is the language. mouth. So I want to be truth to what cisely the point. I doubt that very The CHAIRMAN pro tempore (Mrs. she taught me. many of us are very familiar with this. EMERSON). The time of the gentleman But I have both substantive and pro- The gentleman from New York (Mr. from Massachusetts (Mr. FRANK) has cedural objections to this amendment. NADLER) acknowledged that he was expired. I understand that a lot of my col- surprised, as many were, that there (By unanimous consent, Mr. FRANK leagues were unhappy with what Ken- was no such privilege. I do not think was allowed to proceed for 2 additional neth Starr did. I have been often un- we should go as a body from ignorance minutes.) happy about what Kenneth Starr did. about it, which I certainly had, to Mr. FRANK of Massachusetts. We might even want to come back within a month or so passing a law Madam Chairman, the better view after we have adjourned in a special that governs every civil case and every means more people hold that view than session and call it the Kenneth Starr criminal case in the Federal system hold the other view. It means more correction session. Because there are a and every parent and every child no courts have gone one way more than number of things I would like to do to matter what their age. the other. But it also means some change some of the things Kenneth Madam Chairman, I yield to the gen- courts have gone the other way. So the Starr has done, beginning with the un- tlewoman from California (Ms. gentlewoman is agreeing that, under derlying statute, but not in this man- LOFGREN). the law to which she would refer us, ner. Ms. LOFGREN. Madam Chairman, I this is an unsettled question and some Hard cases make bad law we are told. thank the gentleman from Massachu- judges go one way and some another. Well, it can also be bad law if we react setts for yielding. Well, I think if we are going to deal too quickly because we have a specific I think the point made about hear- with this kind of privilege, we ought to objection to a particular act. I am ings is not a balanced one and it is one decide whether we want it to cover sorry that he subpoenaed Marcia I have made from time to time on this murder cases. And, again, what the Lewis. But what if we were talking floor about other bills. We have offered gentlewoman has here is a blanket pro- about a case of murder? What if we it up as an amendment to this bill be- vision that applies equally as between April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2271 adults who may have conspired to- course here we are creating for the gentlelady’s amendment may prove to gether to murder and minor children. first time a new privilege: A parent be somewhat convincing, I would like And we all think about children. We all may not be compelled to testify to take those arguments and turn them think about protecting young children. against a child. around in support of the gentlelady’s That is a very valid thing to do. I will forgo the opportunity to broad- amendment, and to acknowledge the b 1430 en this discussion as some have by gentleman from Illinois (Mr. HYDE), bringing in the name of the Independ- the chairman, in recognizing that this It seems to me Massachusetts has a ent Counsel now, but I think it is help- is in fact a bipartisan amendment or good idea by talking differently about ful in this context to note that Presi- one that should garner bipartisan sup- minor children. That is not what the dent Clinton’s lawyers deposed Paula port. gentlewoman’s amendment does. To Jones’ mother, Delmer Lee Corbin, and The fact that Oliver North’s relatives rush into this now and to lock it in her sister, Lydia Cathey, in October of were called, the fact that the Presi- would be an emotional response to an 1997. There was no hue and cry about dent’s lawyers deposed the mother of understandable provocation, but it protecting the mother from compul- Ms. Jones, does not make it any more would be, I think, an inappropriate way sory testimony. right. The issue of parent/child immu- to legislate. I think it is worth noting that Colo- nity should certainly fall and be given I would say, as the senior minority nel North, Oliver North, back in the enough or sufficient or equal deference member of the committee, this is the halcyon days of Iran Contra, his wife as the patient/doctor privilege, the psy- first time I have heard of this issue, was called to testify before the grand chiatrist/patient privilege, the priest’s today, yesterday, taking it back to the jury. Colonel North’s lead attorney, privilege with his religious constitu- Committee on Rules. I would be glad to Brendan Sullivan, was subpoenaed to ent, and certainly the spousal privi- go and lobby my colleague from North appear before the grand jury. Colonel lege. Carolina and let us address this issue of North’s wife’s sister was interrogated What the gentlewoman is saying, I privilege. There may be other privi- about how much it cost to feed their believe, is that the common law has leges we want to look at. The question daughter’s horse. The Norths’ baby-sit- not responded to the crisis. Putting of lawyer/client privilege when the cli- ter and a teenager who mowed the aside the immediacy of the national at- ent has died might be a problem. I sup- Norths’ lawn were questioned about tention to the recent set of cir- pose lawyer/client privilege when the how much they were paid. Oh, and cumstances, I would argue as an aside lawyer has died is less problematic, ex- Colonel North’s minister was asked that the hauling down, in front of mas- cept for Shirley MacLaine. how much the North family contrib- sive media, the horrible evidence of the But, in general, this whole question uted on Sunday. stress on that particular parent cer- of privilege could be looked at, but not So we have had these things before. tainly encourages this kind of pro- hastily in reaction to a very politicized Fortunately, the gentlewoman has be- posal. It does not take away from it. situation involving the current Inde- come sensitized to the problem some- But it certainly answers a response to pendent Counsel, without many Mem- what late in this century, but that is any set of circumstances that involves bers knowing what they should about all right. But I would suggest that this a parent/child, although the gentle- it or having a chance to explore it. is inappropriate, and I hope the woman’s proposal and the proposal of So I urge the Members to vote ‘‘no’’ gentlelady’s amendment is defeated. the gentleman from New York (Mr. on this, and let us deal with this very, I hope, and I pledge, as the gen- NADLER) does give an exception if there very important issue in a more tleman from Massachusetts (Mr. is criminal fraud or conspiracy. So, thoughtful context. FRANK) suggests, that we look at this therefore, if a parent and child were Mr. HYDE. Madam Chairman, I move whole subject across the board on conspiring to do wrong, there is an ex- to strike the requisite number of privilege, but try to take it out of the ception. words. fever swamps of our current political Just a few weeks ago we saw a daring (Mr. HYDE asked and was given per- situation. attempt for a mother to help her child mission to revise and extend his re- Ms. LOFGREN. Madam Chairman, escape from jail. I do not think there is marks.) will the gentleman yield? any need to worry about whether there Mr. HYDE. Madam Chairman, I want Mr. HYDE. I yield to the gentle- is parent/child immunity. The bare to join the gentleman from Massachu- woman from California. facts, the visuals will allow us to con- setts (Mr. FRANK) in his well thought Ms. LOFGREN. Madam Chairman, I vince, I am sure, at some point, though out sentiments because I think he is just would like to note that I think in there will be a trial, a jury that some- exactly right. This is an important 1973, in the 93rd Congress, that the ref- thing was done wrong, without either subject and it is one that deserves erence, at least the notes from the the child or the parent being required thoughtful consideration. Committee on the Judiciary note sev- to testify against each other. There are A trial is a search for truth; and eral privileges that were recognized others who may provide the evidence when we start asserting privileges, we and then followed into rule 501 for fu- that would be able to point to the are putting obstacles to that search for ture delineation. criminal and/or the civil act of wrong. truth. They may well be justifiable, I understand that the gentleman’s So I do think that if we talk about but I think they do impede the quest objections are well-stated and sincere, all of our expressions of the sanctity of for learning the facts about a given sit- and everyone has respect for his judg- the parent, the child, our brief in the uation. ment. I would just like to note that I best interest of a child, the relation- We have a spousal privilege. We have am in my second term. I was not here ships of family, I believe that this an attorney/client privilege. We have during Iran Contra to object or to in- amendment is one that carries with it executive privilege. We have a Secret troduce bills about that. I think it is the weight of what is right, the moral Service privilege. Now we are creating terrible if Mr. North’s minister was weight of what is right. a parent and child privilege. The whole called by the grand jury. I welcome the opportunity for fur- subject of privilege is, it seems to me, As to the calling of the mother of the ther hearings. important and significant and com- individual referenced, I think that is Ms. LOFGREN. Madam Chairman, plicated, and perhaps we should look at objectionable as well. I did not know will the gentlewoman yield? it in a more thoughtful way than we about it until after I introduced this Ms. JACKSON-LEE of Texas. I yield are doing here. bill. to the gentlewoman from California. We missed the priest/penitent privi- Mr. HYDE. Madam Chairman, I yield Ms. LOFGREN. Madam Chairman, as lege. But what we are doing here, the back the balance of my time. someone who is steeped in the law and gentlelady’s amendment is creating for Ms. JACKSON-LEE of Texas. Madam a former judge, I am sure the gentle- the first time a Federal privilege, be- Chairman, I move to strike the req- woman is aware of the so-called cause section 501 of the Federal Rules uisite number of words. trilemma that lends doubt to the ve- of Evidence says there are no Federal Madam Chairman, although the argu- racity of testimony compelled by a privileges. We follow the State law. Of ments on the floor opposing the parent against a child. If the parent H2272 CONGRESSIONAL RECORD — HOUSE April 23, 1998 faces this dilemma, she can either Unabomber would have, even without, tionship. I would commend, as well, the fudge the truth, she can betray her would have been able to determine the family of the Unabomber, and would child’s confidences, or she can go to fact that he was the person and say that that is something that prob- jail. Under those three choices, many brought him to justice. ably occurs more regularly than not prosecutors and many judges have I think more often than not we find where parents and relatives come for- grave doubt about the veracity of testi- circumstances where the parent/child ward because they believe in justice. mony, because some parents choose to relationship really rises above these b 1445 fudge the truth, the first option. questions of these very unique heinous Ms. JACKSON-LEE of Texas. Madam crimes. I would simply say that the In the instance, however, where there Chairman, I thank the gentlewoman parent/child relationship, covering over is a relationship, parent-child, I cannot for that clarification. She is so very 200 million Americans, we can find imagine that we would diminish par- right, that in the course of the setting more cases than not when we should ent-child any lower than the priest, the of a trial and a trial atmosphere, it is protect that relationship as opposed to psychiatrist, the physician, the lawyer often doubtful as to whether that par- suggest we would be, if you will, tam- and anyone else that has now benefited ent is totally truthful on the facts. And pering or hindering the rights of jus- from privilege. And as well let me say so I think that the question of whether tice if we did not allow the parent/child that in the criminal sense I do believe or not we are moving too quickly on a immunity. I simply see a range of that justice will not be denied if we parent/child immunity, I would hope places where that is important. provide this single privilege. that we would recognize that we would I chair the Congressional Children’s Madam Chairman, I would ask sup- not do great or enormous injustice or Caucus. I think that when we talk port of this amendment. deny justice by providing that privi- about promoting children as a national The CHAIRMAN pro tempore (Mrs. lege. agenda, when we talk about allowing EMERSON). The question is on the Mr. FRANK of Massachusetts. these relationships, I look to it as the amendment offered by the gentle- Madam Chairman, will the gentle- bulk of children, if you will, and realize woman from California (Ms. LOFGREN). woman yield? that in cases where we are talking The question was taken; and the Ms. JACKSON-LEE of Texas. I yield about an adult, I think there are excep- Chairman pro tempore announced that to the gentleman from Massachusetts. tions to inhibit any disallowance of the noes appeared to have it. Mr. FRANK of Massachusetts. justice. Ms. LOFGREN. Madam Chairman, I Madam Chairman, let me give another Ms. LOFGREN. Madam Chairman, demand a recorded vote. example. Two people for whom I have will the gentlewoman yield? The CHAIRMAN pro tempore. Pursu- an enormous amount of respect are two Ms. JACKSON-LEE of Texas. I yield ant to House Resolution 408, further people who may be considered to have to the gentlewoman from California. proceedings on the amendment offered betrayed the family tie, but they are Ms. LOFGREN. Madam Chairman, I by the gentlewoman from California the Kaczynskis, Ted Kaczynski’s broth- would just note that all of the modern (Ms. LOFGREN) will be postponed. er and mother. They were not com- cases that I have been able to find in AMENDMENT NO. 4 OFFERED BY MR. DELAY pelled, but they came forward. But the spousal immunity area that would Mr. DELAY. Madam Chairman, I that is an example. They came forward. be the guide in the parental/child im- offer an amendment. Since they came forward, I think lives munity cases do make exceptions for The CHAIRMAN pro tempore. The were saved, innocent lives were saved criminal activity. Clerk will designate the amendment. because they took this dangerous mur- I would note also that in the case The text of the amendment is as fol- derer off the streets. cited by our colleague, the Kaczynskis, lows: If, in fact, the prosecutor became I would join in his admiration of the Amendment No. 4 offered by Mr. DELAY: aware that Mrs. Kaczynski had infor- Kaczynski family that came forward Add the following at the end: mation that could have led, as it in under very trying circumstances and SEC. 12 LIMITATION ON PRISONER RELEASE OR- DERS. fact did, to the apprehension of her did the right thing and did save lives, (a) IN GENERAL.—Chapter 99 of title 28, son, I do not see why we would want to and they did it voluntarily. I believe, United States Code, is amended by adding at give absolute privilege for a man in his had they relevant evidence, clearly the end the following new section: 50s and his mother so that she could that since they came forward with the § 1632. Limitation on prisoner release orders not be compelled to testify. In her case evidence, they would have testified. ‘‘(a) LIMITATION.—Notwithstanding section it was voluntary, but we could have The CHAIRMAN. The time of the 3626(a)(3) of title 18 or any other provision of seen a situation where that compulsory gentlewoman from Texas (Ms. JACKSON law, in a civil action with respect to prison testimony could have been useful. LEE) has again expired. conditions, no court of the United States or Yes, where we are talking about a (On request of Mr. FRANK of Massa- other court listed in section 610 shall have small child, maybe a teenager, it is a chusetts, and by unanimous consent, jurisdiction to enter or carry out any pris- very appealing situation. Maybe we Ms. JACKSON-LEE of Texas was allowed oner release order that would result in the ought to tailor a privilege for that. But to proceed for 1 additional minute.) release from or nonadmission to a prison, on the basis of prison conditions, of any person where we are talking about Ted Mr. FRANK of Massachusetts. subject to incarceration, detention, or ad- Kaczynski’s mother and Ted Madam Chairman, will the gentle- mission to a facility because of a conviction Kaczynski, I do not think it is at all woman yield to me? of a felony under the laws of the relevant ju- immediately obvious that we ought to, Ms. JACKSON-LEE of Texas. I yield risdiction, or a violation of the terms or con- on this floor today, to vote to give to the gentleman from Massachusetts. ditions of parole, probation, pretrial release, somebody like that preference. Mr. FRANK of Massachusetts. or a diversionary program, relating to the The CHAIRMAN. The time of the Madam Chairman, my colleague said commission of a felony under the laws of the relevant jurisdiction. gentlewoman from Texas (Ms. JACK- that there is an exception for criminal, ‘‘(b) DEFINITIONS.—As used in this section— SON-LEE) has expired. but let me read what might be more ‘‘(1) the terms ‘civil action with respect to (By unanimous consent, Ms. JACK- relevant here, the title of her amend- prison conditions,’ ‘prisoner,’ ‘prisoner re- SON-LEE of Texas was allowed to pro- ment as she wrote it: Parent/Child Tes- lease order,’ and ‘prison’ have the meanings ceed for 2 additional minutes.) timonial Privileges in Federal Civil given those terms in section 3626(g) of title Ms. JACKSON-LEE of Texas. Madam and Criminal Proceedings. If the gen- 18; and Chairman, the gentleman is extremely tlewoman in fact intends to exempt ‘‘(2) the term ‘prison conditions’ means convincing when we are talking about criminal, putting ‘‘criminal’’ in the conditions of confinement or the effects of something that is heinous as that of title is not the most artful drafting I actions by government officials on the lives of persons confined in prison. those acts. I think, however, we need have ever seen. (b) CONFORMING AMENDMENT.—The table of to ask the question as to whether or Ms. JACKSON-LEE of Texas. Madam sections for chapter 99 of title 28, United not, and a voice rises up, as to whether Chairman, let me close by simply say- States Code, is amended by adding at the end or not we know the status of the inves- ing that I really do believe that we the following new item: tigation and whether or not those in- have made a very strong argument as ‘‘1632. Limitation on prisoner release or- vestigating this heinous crime of the to the sanctity of the parent/child rela- ders.’’. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2273 (c) CONSENT DECREES.— tice, Texas was forced to adopt what is my amendment will set such re- (1) TERMINATION OF EXISTING CONSENT DE- known as the ‘‘nutty release law’’ that straints. CREES.—Any consent decree that was entered mandates good time credit for pris- I presume we will hear the cries of into before the date of the enactment of the Prison Litigation Reform Act of 1995, that is oners. Murderers and drug dealers who court stripping by the opponents of my in effect on the day before the date of the en- should be behind bars are walking the amendment. These cries, however, will actment of this Act, and that provides for streets of our Texas neighborhoods as I come from the same people who voted remedies relating to prison conditions shall speak, thanks to Judge Justice. to limit the jurisdiction of Federal cease to be effective on the date of the enact- Wesley Wayne Miller was convicted courts in the 1990 civil rights bill. ment of this Act. in 1982 of a brutal murder. He served Now let us not forget the pleas of our (2) DEFINTIONS.—As used in this sub- only 9 years of a 25-year sentence for current Chief Justice of the United section— (A) the term ‘‘consent decree’’ has the butchering an 18-year-old Fort Worth States, William Rehnquist. In his 1997 meaning given that term in section 3626(g) of girl. Now, after another crime spree, he year-end report on the Federal judici- title 18, United States Code; and was rearrested. Huey Moe was sen- ary he said, ‘‘I therefore call upon Con- (B) the term ‘‘prison conditions’’ has the tenced to 15 years for molesting a teen- gress to consider legislative proposals meaning given that term in section 1632(c) of aged girl. He is eligible for parole this that will reduce the jurisdiction of the title 28, United States Code, as added by sub- September after serving only 2 years in Federal courts.’’ We should heed Jus- section (a) of this section. prison. Kenneth McDuff was on death tice Rehnquist’s call right here, right Mr. DELAY. Madam Chairman, I just row for murder when his sentence was now. wanted to say that this is a wonderful commuted. He ended up murdering The voters will be watching this debate that we are having. It is great somebody else. vote. A vote against this amendment is to be part of an institution that is ac- In addition to the cost to society of a vote to put prisoners, convicts, drug tually trying to regain some of its au- Judge Justice’s activism, Texas is reel- dealers and rapists on the streets of my thority and responsibility that the ing from the financial impact of Judge colleagues’ congressional districts. Ju- Founding Fathers envisioned in the Justice’s sweeping order. I remember dicial activism threatens the very safe- Constitution of the United States, and back when I was in the State legisla- ty of our children and our constituents, I am offering an amendment with the ture, 1979, the State of Texas spent if in the name of justice murderers and gentleman from Pennsylvania (Mr. about $8 per day per prisoner to keep rapists are allowed to prowl on our MURTHA) that is, I think, pretty sim- these prisoners. By 1994, with the full streets before they serve their time. It ple. It ends forever the early release of force of Judge Justice’s edict being felt is time to return some sanity to our violent felons and convicted drug deal- in the State of Texas, the State is justice system and keep violent offend- ers by judges who care more about the spending more than $40 every day for ers in jail, and I ask my colleagues to ACLU’s prisoners’ rights wish list than each prisoner. That is a fivefold in- support my amendment. about the Constitution and the safety crease over a period when the State’s Mr. FRANK of Massachusetts. of our towns and communities and our Madam Chairman, I move to strike the fellow citizens. prison system barely doubled. All of that money comes out of our families’ requisite number of words. Under the threat of Federal courts, Madam Chairman, I listened to the States are being forced to prematurely pocket. gentleman from Texas describe an release convicts because of what activ- The truth is, no matter how Congress amendment that I would be prepared to ist judges call prison overcrowding. In and State legislatures try to get tough vote for but I do not see it before me. Philadelphia, for instance, Federal on crime, we will not be effective until The gentleman talked about murderers Judge Norma Shapiro has used com- we deal with judicial activism. and rapists walking the streets of our plaints filed by individual inmates, The CHAIRMAN pro tempore. The districts, and I do not want that to criminals, convicted criminals, to gain time of the gentleman from Texas (Mr. happen. And if it was an amendment control over the prison system and es- DELAY) has expired. that was limited as the gentleman said, tablish a cap on the number of pris- (By unanimous consent, Mr. DELAY I suspect it would get virtually no op- oners. was allowed to proceed for 5 additional Federal Judge Shapiro put a cap on minutes.) position here, but the amendment is the number of prisoners in Pennsyl- Mr. DELAY. Mr. Chairman, the far broader. It is not limited to mur- vania. To meet that cap she ordered courts have undone almost every major derers and rapists, it is not even lim- the release of 500 prisoners a week, 500 anticrime initiative passed by the leg- ited to people who committed violent prisoners a week. In a 18-month period islative branch. In the 1980’s, as many crimes. It applies to anybody convicted alone, 9,732 arrestees were out on the States passed mandatory minimum under any felony. streets of Philadelphia on pretrial re- sentencing laws that the American Now there are some nonviolent felo- lease because of her prison cap. They people wanted to see happen around nies. There are also situations where were arrested on second charges, in- the country to keep these criminals in prison conditions have been out- cluding 79 murders, 90 rapes, 701 bur- jail, judges checkmated the public by rageous. The gentleman said we should glaries, 959 robberies, 1,113 assaults, imposing prison caps on the amount of not release murderers because of over- 2,215 drug offenses and 2,748 thefts. population that we can hold in prisons. crowding. I agree. But what about peo- How does Judge Shapiro sleep at When this Congress mandated the end ple who might have violated a securi- night? Each one of these crimes was of consent decrees regarding prison ties law or people who might have been committed against a person with a overcrowding in 1995, some courts just guilty of nonsupport, if that were a fel- family, dreaming of a safe and peaceful ignored our mandate. ony, or some other nonviolent felony future, a future that was snuffed out by There is an activist judge behind which we have, insurance fraud. I do a judge who has a perverted view of the each of most of the perverse failures of not like people committing insurance Constitution. today’s justice system, violent offend- fraud, but they are not all murderers Of course Judge Shapiro is not alone. ers serving barely 40 percent of their and rapists. Most of them are probably We are seeing this all over the United sentences. Three and a half million, 31⁄2 not. It is probably kind of a distinction States. There are many other exam- million criminals, most of them repeat in the criminal class. ples. In Texas, my home State, a case offenders, are on the streets today and And it also is not just overcrowding. that dates back all the way back to are on probation or parole. Thirty-five It says prison conditions means condi- 1972, Federal Judge William Wayne percent of all persons arrested for vio- tions of confinement are the effect of Justice took control of the Texas pris- lent crime were on probation, parole or actions by government officials on the on system and dictated changes in pretrial release at the time of their ar- lives of persons confined in prison. If in basic inmate disciplinary practices rest. fact there are situations where particu- that wrested administrative authority Well, the Constitution of the United lar prison officials have behaved in a from staff and resulted in rampant vio- States gives us the power to take back outrageous fashion abusive of people’s lence behind bars. our streets. Article III allows the Con- rights, may even have put these people And under the threats of Judge Jus- gress of the United States to set juris- in danger, and we are talking about tice, under the threats of Judge Jus- dictional restraints on the courts, and nonviolent felons, I am not prepared to H2274 CONGRESSIONAL RECORD — HOUSE April 23, 1998 say that no judge ever ought to let means something different to me than For that reason, while I would have them out. it does to the gentleman. ‘‘Or’’ gen- voted the amendment the gentleman Now, as I said, if the gentleman had erally means there is something else described, I cannot vote for the gentle- offered the amendment he described, I that is involved. It says these insur- man’s amendment as offered. would not be up on my feet talking ance fraud perpetrators cannot be re- Mr. SAM JOHNSON of Texas. Mr. about it and I would not expect anyone leased either because of conditions of Chairman, I move to strike the req- else to be. If we were talking about vio- confinement or because of the effects uisite number of words. lent criminals, particularly murderers of actions by government officials on Mr. Chairman, I happen to disagree and rapists, but muggers and others the lives of persons confined in prison. with our previous speaker. The DeLay amendment really corrects a problem who were being released surely for b 1500 overcrowding, I would agree with him. that I have spent most of my political We have an amendment that goes far In other words, if prison officials are career trying to fix. broader. It does not just deal with grossly violating people’s rights, and When I was in the Texas statehouse, overcrowding. It would immunize pris- even people who have committed fraud I spent a lot of time speaking out on officials, as it is written, even by ac- have rights, as we all agree, even if it against the antics of a judge named William Wayne Justice, a Federal tions they took that were violative of is not overcrowded, but if it deals with judge who in 1980, single-handedly took people’s rights and even for nonviolent violations of their rights by conscious acts, one of the remedies cannot be to control of and weakened the Texas criminals. It also is completely retro- release people. prison system, which I think is a little active. It says any order now in effect The CHAIRMAN pro tempore (Mr. bit out of line as far as our States is ended, and I think that would be a ROGERS). The time of the gentleman rights policies are concerned. very unwise idea. from Massachusetts (Mr. FRANK) has Judge Justice felt our State pris- Mr. DELAY. Madam Chairman, will expired. oners were cramped and ‘‘unhappy with the gentleman yield? (By unanimous consent, Mr. FRANK of their living conditions,’’ so he forced Mr. FRANK of Massachusetts. I yield Massachusetts was allowed to proceed Texas to turn jails into country clubs to the gentleman from Texas. for 1 additional minute.) so that dangerous criminals could be Mr. DELAY. Madam Chairman, I ap- Mr. FRANK of Massachusetts. Mr. more comfortable. He even ordered preciate the gentleman yielding. He Chairman, I do not think where we are Texas to provide these criminals with must be reading a different amendment talking about conscious misbehavior color television. He ordered that 11 per- than I put in. This amendment does that violates the rights of nonviolent cent of Texas prison beds be empty at not affect any court action brought criminals. What we are talking about all times, and mandated that cells against prison officials that might vio- is saying if you have prison officials built for two prisoners only hold one, late the criminals’ rights or even pris- who are consciously abusing the rights and that cells built for four prisoners on conditions. There are other kinds of of nonviolent felons, people who have only hold two. remedies that can come into play here. committed fraud, it has nothing to do Consequently, we have got over 5,000 What we are just saying is do not with overcrowding or violence, under empty beds in the Texas prison system turn felons out, and surely the gen- no circumstances should a judge be because of a Federal judge’s ruling, and tleman is not for turning felons out, in- able to say the remedy is, if you don’t that caused overcrowding and it caused cluding nonviolent felons like drug stop abusing these people, we are going extra expense. These mandates have dealers, out on the street just because to make you let them loose. I don’t done nothing but set criminals free, in- prison conditions may be overcrowded think under all circumstances we crease overcrowding, and waste billions and they could put prisoners in tents. ought to say no to that. of taxpayer dollars. Mr. FRANK of Massachusetts. No, be- I want everyone to understand it is Mr. DELAY. Mr. Chairman, will the cause the gentleman is wrong in the gentleman yield? our Texas lawmakers that were forced description of his amendment. In the Mr. FRANK of Massachusetts. I yield to release hardened criminals on the first place, there are nonviolent felons to the gentleman from Texas. order of a Federal judge. This means other than drug dealers. There are peo- Mr. DELAY. Mr. Chairman, I agree that criminals have been released back ple who committed insurance fraud; with the gentleman, but disagree with on to the Texas streets, all because a there are people who cheated on their his interpretation. I have the advan- Federal judge was more concerned taxes, their State taxes. I do not say tage of not having gone to law school. about the comfort of criminals than that under no circumstances should The advantage is such that nothing about the safety of law-abiding citi- they be released because I think they stops the inmates’ rights to bring ac- zens. This amendment will do what the are not the kind of danger that we are tion against prison officials. All we are Texas legislature tried to do and could talking about to the community in the saying here is do not turn these felons near term. The gentleman talked about not; stop Federal judges like William out on the street. Wayne Justice from pushing their murderers and rapists, but it includes The CHAIRMAN pro tempore. The agenda at the expense of public safety. nonviolent felons. time of the gentleman from Massachu- This language states in no uncertain Mr. DELAY. I totally agree with the setts (Mr. FRANK) has again expired. terms that Federal judges cannot man- gentleman. (By unanimous consent, Mr. FRANK of date early release of violent criminals. Mr. FRANK of Massachusetts. And I Massachusetts was allowed to proceed It also nullifies current consent decrees am glad the gentleman from Texas for 1 additional minute.) like the one inflicted on Texas by does, and therefore there is no reason Mr. FRANK of Massachusetts. Mr. Judge Justice. to interrupt me. Let me just say to my Chairman, I think the issue is not that This is common sense legislation. It friend he should only interrupt me my friend didn’t go to law school, the is long overdue. The people of Texas when he disagrees with me. He need question is in what language did he not have waited 20 years for relief from not interrupt me when he agrees with go to law school, because I am talking this Federal judge. Let us not make me. He should just nod his head and we about English here; not law. What I am them wait any longer. I think it is long will all notice that. talking about is the phrase that says overdue. But I appreciate the agreement. So you cannot release nonviolent felons Mr. Chairman, I urge my colleagues we are now in agreement that we are because of the effects of actions by gov- to support this amendment, because it talking about nonviolent felons, and ernment officials on the lives of per- is going to make America a lot safer by they said including people who may sons confined in prison. keeping your violent criminals behind have been convicted of tax fraud or in- In other words, nothing to do with bars. surance fraud. overcrowding, but conscious abuse of Mr. MANZULLO. Mr. Chairman, I Secondly, though, this does say no people’s rights. I do think in some move to strike the requisite number of release could be a remedy because of cases where you have got that pattern words. conditions of confinement or. Now the of abuse, ordering the release of non- Mr. Chairman, what the House is gentleman says it is only overcrowd- violent felons might be something they doing today, the House of Representa- ing, but the word ‘‘or’’ apparently may want to consider. tives, the People’s House, is so unique April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2275 in history, and it is truly remarkable, courts have gone too far, and that Con- In 1991, in St. Lucie County, which I because what we are doing today is we gress is exercising the jurisdiction and represent, a Fort Pierce police officer, are showing that when the Constitu- the authority envisioned by the found- Danny Parrish, was murdered by an ex- tion was drafted in 1787, that the men ers of this republic in saying we are convict who had been released after who met in Philadelphia in that year going to correct what is wrong with the serving less than a third of his prison envisioned a system of the separation court system. term for auto burglary. Officer Parrish of powers, and they built into the Con- Mr. FOLEY. Mr. Chairman, I move to stopped him for driving the wrong way stitution a mechanism whereby one strike the requisite number of words. on a one-way street. The ex-convict, branch of government could reclaim Mr. Chairman, let me strongly sup- who admitted later he did not want to the authority that had been usurped by port the efforts of the majority whip, go back to prison for violating proba- another branch of government, and the gentleman from Texas (Mr. tion, disarmed Officer Parrish and that is the genius of the Constitution. DELAY), because this amendment goes killed him with his own gun. We can go back to the Declaration of right to the heart of a horrible situa- Now, when are we in America going Independence when Jefferson was asked tion we in Florida have faced. to wake up and recognize the rights of by Benjamin Franklin, also in Phila- In 1993, the Florida Department of victims? I have heard constantly about delphia, to draft that document and to Corrections reported that between Jan- judges stepping in and allowing pris- set forth the reasons for the establish- uary 1, 1987, and October 10, 1991, some oners to smoke in prison, prisoners ment of this republic. One of the rea- 127,486 prisoners were released early being allowed video machines so they sons that Jefferson put in the Declara- from Florida prisons. Within a few can watch TV, prisoners being given tion of Independence is that King years of their early release, they com- weight rooms so they can exercise and George III had obstructed the adminis- mitted over 15,000 violent and property feel comfortable and good about them- tration of justice by refusing assent to crimes, including 346 murders and 185 selves. And the same judges then say laws for establishing judiciary powers. sex offenses. because it is a little crowded, we In other words, it would be up to the Florida tried to stop the early release should let these people out early. program last year, the ‘‘gain time’’ individual colonies, and thus a central So then ultimately, after serving provision, which was created because of government in a new country, to estab- only a third of the time they have been prison overcrowding. But, whoa, the lish and define exactly what those judi- sentenced to, they maim, murder, kill judges said, the courts would not allow cial powers are. our families and our children, and soci- So in the Constitution, under Article them to change it. ety pays greatly for these acts. Society III, Section 1, Congress was given the The courts suggested that since it pays more for the violence on our express power to ordain and establish was given in advance to create or va- street because of early release than we inferior Federal courts, which includes cate prison space, that it was now part could ever pay for the proper construc- the power of vesting them with juris- of their sentence. It did not say when tion of prison facilities. diction, either limited, concurrent, or they were sentenced that they were en- exclusive. titled to it, but because it was a mech- So I urge my colleagues to look very In fact, in a 1943 case, it has been, anism, a management tool created by seriously at this amendment. It is not perhaps, we do not know how many the legislature, that it had to apply to defeating the judges’ power; it is not decades, we have arguments here where every person in prison, no matter what usurping judicial power. It is asserting, Congress is trying to get back from ju- crime they committed, whether it was first and foremost, that victims and diciary powers that judiciary has bounced checks, murder or rape. their families should be given their taken, and in the case of Lockerty ver- Now, who is paying for this type of rights first, not the criminal; that sus Phillips, the court said that Con- thinking? Who pays for this type of when you are sentenced to prison, it gress has the power to withhold juris- thinking in our society? Let me give should mean something. When you are diction from courts in the exact de- you a few examples. given 10 years, it should be 10 years, grees and character which to Congress One is a 21-year-old convicted burglar not 2 years. may seem proper for the public good. who got out of prison last October on When our young people look at the That is what is exciting about the early release. A month later he was fact that people are being sentenced for legislation of the gentleman from charged with kidnapping and murder- 10 years, they should know it is seri- Texas (Mr. DELAY). It takes a look at ing a 78-year-old woman in Avon Park ous. But when you commit a murder Congress, the elected branch, the rep- near my district. He abducted her from and are let out after 3 years of a 10- resentative branch of government, and her home, forced her into the trunk of year sentence; when you are convicted says we are overseeing the court sys- her car, and killed her in an orange of a crime, and told ‘‘don’t worry about tem to bring about a change when grove about 20 miles away. it, it is only a year;’’ in a recent case something has happened in the court Then, there is the 30-year-old man where a young girl killed her child, I system that violates the public good. jailed in 1989 on grand theft and armed understand she may get 21⁄2 years in The public good to which the gen- burglary charges, who was released prison. What a punishment. tleman from Texas (Mr. DELAY) ad- early in 1992 because of prison crowd- What does it say to society, the value dresses himself is the fact that courts ing. Four years later he was charged we place on life. What does it say about have overstepped their boundaries by with murdering the owner of a conven- the law of the land? What does it say to releasing dangerous felons, who go out ience store in West Palm Beach, Flor- the law-abiding citizen? You can go to kill, and to maim, and to peddle ida, part of which I represent. ahead and get away with it, because a drugs to our little children, who ingest ANNOUNCEMENT BY THE CHAIRMAN PRO judge is going to be worried about your these drugs, and the little innocent TEMPORE comfort in prison; that he will let you ones, my children and children of all The CHAIRMAN pro tempore. Our out on the street to maim, murder and Americans, thus become susceptible to guests in the gallery will be advised kill once again? more people who the law enforcement they are guests of the House, but must people have in good faith put away, but not express approval or disapproval to b 1515 which a Federal judge says they should interfere with the activities of the be out. House. I know judges do not do this because So we are here today because the Mr. FOLEY. Mr. Chairman, last they do not care about our commu- Constitution compels us to do so. It month a 30-year-old drifter, jailed in nities, but Congress has to step into would do no good for me to reiterate 1986 for kidnapping and brutally beat- the debate, protect the communities the various travesties that have taken ing a British tourist in Hollywood, we represent, all 435 of them, and do place in America because of what the Florida, but released early in 1986, was our best to suggest that if a prisoner Federal courts have done. But let us charged with first degree murder of a commits a crime, if a person victimizes look upon this day in this Congress as teenager after her partially mutilated another human being, if a person vio- being a responsible Congress and tell- corpse was found in his bathtub in lates a human being, if a person mur- ing the American people that the Miami Beach. ders someone else, that that person H2276 CONGRESSIONAL RECORD — HOUSE April 23, 1998 should fulfill the full terms of the sen- I just want to remind the gentleman ple will be murdered, 48 women raped, tence meted out by the courts, should that in 1995 we passed a law, signed by and 570 robbed by criminals who have not be granted special benefits, should this President, dictating to these already been caught, convicted, and re- not be given game time, and should be judges that they should vacate these turned to the streets on probation or treated like the criminals that they consent decrees if they have no further early parole. are. constitutional grounds, and these Mr. Chairman, this is more than a I urge the support of the fine amend- judges have found loopholes by which crisis, this is the crime. I believe the ment of the gentleman from Texas (Mr. they can continue. first order of our legal system is to pro- DELAY). Mr. WATT of North Carolina. Let me tect the innocent, and one way we can ANNOUNCEMENT BY THE CHAIRMAN PRO stop the gentleman in the middle of his do this is to punish the guilty. But we TEMPORE sentence, because that is a big ‘‘if,’’ if cannot protect the innocent or punish The CHAIRMAN pro tempore. The there are no further constitutional the guilty by putting criminals back Chair will remind all persons in the grounds. The ones that I am talking on the streets. Yet that is exactly what gallery that they are here as guests of about are where there is a constitu- some judges are doing. the House, and that any manifestation tional ground. And what this amend- Under the guise of legal apologetics, of approval or disapproval of proceed- ment does is say you cannot have a many judges are giving felons and drug ings is in violation of the rules of the remedy where there is a constitutional dealers get-out-of-jail-free cards. For House. basis for the order. So to just kind of example, a U.S. district judge in Phila- Mr. WATT of North Carolina. Mr. gloss over that big ‘‘if’’ in the gentle- delphia imposed a prison cap that had Chairman, I move to strike the req- man’s sentence is a serious matter. the effect of freeing scores of felons uisite number of words. The CHAIRMAN pro tempore. The and drug dealers who are waiting trial Mr. Chairman, this is a very, very time of the gentleman from North in the prisons. In fact, 600 prisoners a difficult issue to debate, because when Carolina (Mr. WATT) has expired. week were released for over 1 year. one postulates the rights of citizens, (On request of Mr. DELAY, and by What did they do when they got a innocent citizens, against folks who unanimous consent, Mr. WATT of North new lease on life? They committed 79 have been sentenced to prison who are Carolina was allowed to proceed for 1 murders, 959 robberies, 2,215 drug-relat- released, whether they are released for additional minute.) ed crimes, 90 rapes, and over 1,100 as- Mr. DELAY. Mr. Chairman, will the misdemeanors or felonies or whatever saults. This type of judicial activism is gentleman yield? reason, because of prison overcrowding crazy, and it is changing once we pass Mr. WATT of North Carolina. I yield and conditions in prisons, it always the DeLay amendment. to the gentleman from Texas. Mr. Chairman, the American people seems like you are taking sides with Mr. DELAY. Mr. Chairman, first of want criminals to serve the sentences the prisoners, as opposed to taking all, I am not, in my amendment, stop- they are given. They do not want some sides with the innocent people in the ping any other remedies, any other judge overruling the law, the prosecu- street. constitutional remedies or the rights of tors who got them the conviction, or The gentleman from Florida (Mr. inmates that are being mistreated, the jurors who sentenced them. FOLEY) obviously makes a very, very overcrowded, or any other prison con- Mr. Chairman, let us not confuse our powerful argument. But an amendment dition. That is not my amendment. wants with our needs. We all want to which basically says we are going to go My amendment basically is saying to give everyone a second chance, but we back retroactively and undo existing judges, stop finding loopholes to con- absolutely need to ensure that crime consent orders that have been entered tinue your consent decrees, and we are does not pay. I urge my colleagues to into, that retroactively says we are going to eliminate the ‘‘if’’ part about support the DeLay amendment. It is going to undo orders that courts have early release of prisoners. We are not simple, it is smart, and it is a solution. entered in these cases, or even an going to put these criminals back on Mr. MURTHA. Mr. Chairman, I move amendment which, looking forward, the streets. They can have all the other to strike the requisite number of says that even though the Constitution remedies. words. might, and we as a body of people in Mr. WATT of North Carolina. Mr. Mr. Chairman, I agreed to cosponsor our country believe that nobody, no in- Chairman, if in fact the amendment this amendment with the gentleman dividual, ought to be put into condi- was nearly as gentle and kind as the from Texas (Mr. DELAY) because I felt tions where they are subjected to rape gentleman has portrayed it, I think I it was so important for us to send a or disease or whatever by overcrowding could get there with him, but that is message to the court system and to our or failure of supervision, we cannot en- not what the language of this amend- judicial system that, when a person is force that order to protect those peo- ment says. It says, we are undoing sentenced, that person should spend ple, is an amendment which, in my prior consent orders, we are undoing that appropriate time in prison. opinion, goes too far. prior orders, and we are making it im- Now, I realize there may be some de- That is what this amendment does. It possible to address a constitutional ficiencies in this amendment. I realize undoes prior consent orders. It under- violation because there is no remedy if this goes to conference that maybe a mines prior orders, whether they are for it. It is that that I have serious con- few things ought to be changed. But I consent orders or not. Also, it effec- cerns about. think one of the reasons that we do not tively says that where there is a con- Ms. GRANGER. Mr. Chairman, I have as much crime as we had a few stitutional violation there really is no move to strike the requisite number of years ago is because people are staying remedy for that violation, because we words. in jail longer. We put mandatory sen- are not going to provide a constructive Mr. Chairman, I rise today on behalf tences in. remedy for somebody who is put in in- of families, victims and law-abiding I worried about mandatory sen- humane, overcrowded conditions. citizens everywhere to support the Ju- tences, but the results are the crime So while I clearly am uncomfortable, dicial Reform Act of 1998, and particu- rate has dropped dramatically for vio- and if anybody believes that I am sid- larly to support the amendment offered lent crime throughout the country, and ing with prisoners over victims in the by my good friend, the gentleman from I think it is important for all of us to street, I am uncomfortable being in Texas (Mr. DELAY). think about the victims of the crime. that position, but I think this amend- I do so because I believe there is a One way to make sure that they are ment goes too far. time in the life of every problem when separated is to keep them in prison for Mr. DELAY. Mr. Chairman, will the it is large enough to see and yet small the time. gentleman yield? enough to solve. The problem of judi- They spend a lot of time in thinking Mr. WATT of North Carolina. I yield cial activism is one which we can see about how long the sentences ought to to the gentleman from Texas. and we can also solve, if only we have be. If we put them out, drug dealers, a Mr. DELAY. Mr. Chairman, I appre- the commitment and the courage to person that commits a violent crime, ciate the gentleman yielding. I under- make it right. out on the street prematurely, there is stand the struggle that the gentleman According to the Bureau of Judicial no question in my mind the crime rate is going through. I appreciate that. Statistics, every day this year 14 peo- will start to go back up again. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2277 So I would urge Members to support The public overwhelmingly supports Gallegly Lipinski Rogers Ganske Livingston Rohrabacher this amendment and to vote over- the policy reflected in the DeLay Gejdenson LoBiondo Ros-Lehtinen whelmingly to send a message that we amendment. It is long overdue. I Gekas Lofgren Rothman do not want people, just because of a strongly urge its adoption. Gephardt Lowey Roukema technicality, overcrowding, to be out Gibbons Lucas Roybal-Allard Mr. PACKARD. Mr. Chairman, I would like Gilchrest Luther Royce in the street before their time that to voice my support for Congressman TOM Gillmor Maloney (CT) Ryun they have spent in prison. DELAY's (R±TX) amendment to the Judicial Gilman Maloney (NY) Salmon Mr. DOOLITTLE. Mr. Chairman, I Reform Act, which we will be voting upon Goode Manton Sanchez move to strike the requisite number of Goodlatte Manzullo Sandlin shortly. Mr. DELAY's amendment addresses an Goodling Markey Sanford words. issue of growing concernÐthe early release of Gordon Mascara Sawyer (Mr. DOOLITTLE asked and was convicted criminals due to overcrowding in Goss Matsui Saxton given permission to revise and extend Graham McCarthy (MO) Scarborough prisons. Granger McCarthy (NY) Schaefer, Dan his remarks.) By this time we are all well aware of reper- Green McCollum Schaffer, Bob Mr. DOOLITTLE. Mr. Chairman, I cussions related to judicial activism. Mr. Greenwood McCrery Schumer strongly support the DeLay amend- DELAY's amendment plays an important role in Gutierrez McDade Sensenbrenner ment. I think it is a great amendment, Gutknecht McGovern Sessions curbing this practice by targeting federal Hall (OH) McHale Shadegg and I hope that it survives unscathed judges who order the release of persons con- Hall (TX) McHugh Shaw through both Houses of the Congress. victed of violent or drug related crimes be- Hamilton McInnis Shays This deals with the most fundamen- cause of prison conditions. Uncomfortable Hansen McIntosh Sherman tal obligation of government, the rea- Harman McIntyre Shimkus prison conditions are no excuse for turning Hastert McKeon Shuster son we pay all of the huge amount of dangerous criminals out onto our streets. Hastings (WA) McKinney Sisisky taxes that we are having to pay these Mr. Chairman, I hope that my colleagues Hayworth McNulty Skeen days. That is, it is the job of govern- Hefley Menendez Skelton will join me in voting in favor of the Judicial Hefner Metcalf Slaughter ment to restrain men from injuring one Reform Act and the DeLay Amendment. Herger Mica Smith (MI) another, to quote Thomas Jefferson. The CHAIRMAN pro tempore. The Hill Minge Smith (NJ) It is just unconscionable that these question is on the amendment offered Hilleary Mink Smith (OR) liberal judges, unelected by the people Hinojosa Moakley Smith (TX) by the gentleman from Texas (Mr. Hobson Mollohan Smith, Adam but in office for life, have taken it upon DELAY). Hoekstra Moran (KS) Smith, Linda themselves, in some cases, to inflict Holden Moran (VA) Snowbarger The question was taken; and the Hooley Morella Snyder this kind of injury upon a community. Chairman pro tempore announced that Think of the thousands and thousands Horn Murtha Solomon the ayes appeared to have it. Hostettler Myrick Souder of lives that have been ruined, in many Houghton Nadler Spence cases, or severely impacted in others, RECORDED VOTE Hoyer Neal Stabenow by the types of crimes that have been Mr. DELAY. Mr. Chairman, I demand Hulshof Nethercutt Stearns a recorded vote. Hunter Neumann Stenholm committed. Hutchinson Ney Strickland We did a study in our State legisla- A recorded vote was ordered. Hyde Northup Stump ture years ago, and it was a pretty es- The CHAIRMAN pro tempore. Pursu- Inglis Norwood Stupak tablished fact, as a result of the study, ant to House Resolution 408, the mini- Jefferson Nussle Sununu Jenkins Ortiz Talent that two-thirds of the forcible-sex felo- mum time for electronic voting on the John Oxley Tauscher nies are committed by repeat offend- Lofgren amendment, if ordered, with- Johnson (CT) Packard Tauzin ers, so that by dealing with this popu- out intervening business, will be 5 min- Johnson (WI) Pallone Taylor (MS) utes. Johnson, E. B. Pappas Taylor (NC) lation and incarcerating them for long Johnson, Sam Parker Thomas periods of time, we would dramatically The vote was taken by electronic de- Jones Pascrell Thornberry reduce this type of crime. Indeed, that vice, and there were—ayes 367, noes 52, Kanjorski Pastor Thune has been the case. not voting 13, as follows: Kaptur Paul Thurman Kasich Pease Tiahrt In California and other States where [Roll No. 105] Kelly Peterson (MN) Torres they have had mandatory sentences AYES—367 Kennelly Peterson (PA) Traficant and where they have long terms, we Kildee Petri Turner Abercrombie Brown (FL) Davis (VA) Kim Pickering Upton have spent an awful lot of resources in Ackerman Brown (OH) Deal Kind (WI) Pickett Vento California locking people up, and we Aderholt Bryant DeFazio King (NY) Pitts Visclosky have overcrowded those prisons as Allen Bunning DeLauro Kingston Pombo Walsh Andrews Burr DeLay much as we could, and I am glad that Kleczka Pomeroy Wamp Archer Burton Deutsch Klink Porter Watkins we have, because it has made our Armey Buyer Diaz-Balart Klug Portman Watts (OK) streets safer. Bachus Callahan Dickey Knollenberg Poshard Weldon (FL) We have now about 130,000 people in- Baesler Calvert Dicks Kolbe Price (NC) Weldon (PA) Baker Camp Dingell Kucinich Pryce (OH) Weller carcerated in the State of California Baldacci Canady Doggett LaFalce Quinn Wexler alone. Look at our crime rates. They Ballenger Cannon Dooley LaHood Radanovich Weygand have been dropping dramatically. So Barcia Capps Doolittle Lampson Rahall White Barr Cardin Doyle taking off the streets this kind of of- Lantos Ramstad Whitfield Barrett (NE) Castle Dreier Largent Redmond Wicker fender was exactly the right thing to Bartlett Chabot Duncan Latham Regula Wise do. Barton Chambliss Dunn LaTourette Reyes Wolf Yet to have some isolated, arrogant, Bass Chenoweth Edwards Lazio Riggs Woolsey Becerra Christensen Ehlers liberal, unelected district court judge Leach Riley Wynn Bentsen Clayton Ehrlich Levin Rivers Young (AK) turning these people loose because of Bereuter Clement Emerson Lewis (CA) Rodriguez Young (FL) some benighted belief in upholding Berman Coble Engel Lewis (KY) Roemer Berry Coburn English Linder Rogan some prisoner’s constitutional rights is Bilbray Collins Ensign totally wrong. Bilirakis Combest Eshoo NOES—52 Bishop Occasionally, there will be a conflict Condit Etheridge Barrett (WI) Frank (MA) McDermott Blagojevich between the constitutional right of the Cook Everett Bonior Furse Meehan Bliley Cooksey Ewing Brown (CA) Hilliard Meeks (NY) prisoner and between the right of the Blumenauer Costello Farr Campbell Hinchey Millender- Blunt public not to have dangerous criminals Cox Fazio Carson Jackson (IL) McDonald Boehlert out in the street. The amendment of Coyne Foley Clyburn Jackson-Lee Miller (CA) Boehner Cramer Forbes Conyers (TX) Oberstar the gentleman from Texas (Mr. DELAY) Bonilla Crane Ford Davis (IL) Kennedy (MA) Olver simply says, Judge, do not make your Bono Crapo Fossella DeGette Kennedy (RI) Owens Borski remedy letting them go. You have Cubin Fowler Delahunt Kilpatrick Payne Boswell other remedies. One of them is not to Cummings Fox Evans Lee Pelosi Boucher Cunningham Franks (NJ) Fawell Lewis (GA) Rangel say, let these dangerous people back Boyd Danner Frelinghuysen Filner Martinez Rush out on the street. Brady Davis (FL) Frost H2278 CONGRESSIONAL RECORD — HOUSE April 23, 1998 Sabo Stark Velazquez Rahall Serrano Traficant Whitfield Wise Young (AK) Sanders Stokes Waters Rangel Skelton Velazquez Wicker Wolf Young (FL) Scott Thompson Watt (NC) Reyes Slaughter Vento Serrano Tierney Waxman Rodriguez Stabenow Visclosky NOT VOTING—14 Skaggs Towns Yates Rothman Stark Waters Bateman Gonzalez Paxon Roybal-Allard Stokes Watt (NC) Clay Hastings (FL) Snowbarger NOT VOTING—13 Rush Strickland Waxman Davis (FL) Istook Spratt Bateman Hastings (FL) Paxon Sabo Stupak Weller Dixon Meek (FL) Tanner Clay Istook Spratt Sanchez Tauscher Weygand Fattah Miller (FL) Dixon Meek (FL) Tanner Sanders Taylor (MS) Woolsey Fattah Miller (FL) Sandlin Thompson Wynn b 1603 Gonzalez Obey Sanford Thurman Yates Mr. SAWYER changed his vote from Schumer Torres ‘‘aye’’ to ‘‘no.’’ b 1552 NOES—256 Mr. ABERCROMBIE changed his vote Messrs. BARRETT of Wisconsin, Aderholt Gibbons Nussle from ‘‘no’’ to ‘‘aye.’’ T0WNS, MILLER of California, Allen Gilchrest Oxley So the amendment was rejected. SKAGGS, and TIERNEY changed their Archer Gillmor Packard The result of the vote was announced Armey Gilman Pappas as above recorded. vote from ‘‘aye’’ to ‘‘no.’’ Bachus Goode Parker Messrs. RODRIGUEZ, JEFFERSON, Baker Goodlatte Pease PERSONAL EXPLANATION SHAW, REYES, and FORD changed Ballenger Goodling Peterson (PA) Mr. DAVIS of Florida. Mr. Chairman, Barr Goss Petri during roll call vote 106, I was unavoid- their vote from ‘‘no’’ to ‘‘aye.’’ Barrett (NE) Graham Pickering ably detained. Had I been present, I So the amendment was agreed to. Barrett (WI) Granger Pickett The result of the vote was announced Bartlett Greenwood Pitts would have voted ‘‘aye’’ on the amend- as above recorded. Barton Gutknecht Pombo ment offered by the gentlewoman from Bass Hall (TX) Porter AMENDMENT OFFERED BY MS. LOFGREN Bentsen Hamilton California (Ms. LOFGREN). Portman Mr. HYDE. Mr. Chairman, I move to The CHAIRMAN pro tempore (Mr. Bereuter Hansen Pryce (OH) Bilbray Hastert Quinn strike the last word. ROGERS). The pending business is the Bilirakis Hastings (WA) Radanovich (Mr. HYDE asked and was given per- demand for a recorded vote on the Bliley Hayworth Ramstad Blunt Hefley mission to revise and extend his re- amendment offered by the gentle- Redmond Boehlert Herger marks.) woman from California (Ms. LOFGREN) Regula Boehner Hill Mr. Chairman, at this stage, I was on which further proceedings were Riggs Bonilla Hilleary about to offer an amendment. I will not postponed and on which the noes pre- Bono Hobson Riley Boswell Hoekstra Rivers offer the amendment, but I think it is vailed by voice vote. Roemer The Clerk will designate the amend- Boyd Holden important to explain what kind of an Brady Horn Rogan amendment it was and why I am not ment. Rogers Bryant Hostettler going to offer it. The Clerk designated the amend- Bunning Houghton Rohrabacher Ros-Lehtinen Mr. Chairman, there are not many of ment. Burr Hoyer Burton Hulshof Roukema us, a narrow band of Members, but RECORDED VOTE Buyer Hunter Royce there are some on both sides of the The CHAIRMAN pro tempore. A re- Callahan Hutchinson Ryun Calvert Hyde Salmon aisle who feel that we mistreat in corded vote has been demanded. Camp Inglis Sawyer terms of cost-of-living allowances our A recorded vote was ordered. Canady Jenkins Saxton Federal judiciary. Now, that is a poi- The vote was taken by electronic de- Cannon John Scarborough sonous subject in some quarters, be- vice, and there were—ayes 162, noes 256, Cardin Johnson (CT) Schaefer, Dan Castle Johnson, Sam Schaffer, Bob cause judge bashing is a universal not voting 14, as follows: Chabot Jones Scott sport. But it is a fact, of all the govern- [Roll No 106] Chambliss Kasich Sensenbrenner ment employees in the galaxy, the only Chenoweth Kelly AYES—162 Sessions Christensen Kim Shadegg group that does not get an automatic Abercrombie Evans LoBiondo Coble Kingston Shaw cost-of-living increase is the Federal Ackerman Farr Lofgren Coburn Kleczka Shays judiciary. Andrews Fazio Lowey Collins Klug Sherman There is a law, it is called Section Baesler Filner Luther Combest Knollenberg Shimkus 140, that requires a specific vote before Baldacci Ford Maloney (CT) Cook Kolbe Shuster Barcia Fox Maloney (NY) Cooksey Kucinich Sisisky any Federal judge gets a cost-of-living Becerra Frost Markey Cox LaHood Skaggs allowance. Not a pay raise, a cost-of- Berman Furse Martinez Cramer Largent Skeen living allowance. Even ourselves get an Berry Gejdenson Mascara Crane Latham Smith (MI) Bishop Gephardt Matsui Crapo LaTourette automatic cost-of-living allowance. Smith (NJ) Blagojevich Gordon McCarthy (NY) Cubin Lazio Smith (OR) Under the law, it can be reversed by Blumenauer Green McDade Cunningham Levin Smith (TX) vote. And, of course, sometimes we suc- Bonior Gutierrez McDermott Danner Lewis (CA) Smith, Adam Borski Hall (OH) McKinney Davis (VA) Lewis (KY) cumb to the penurious complaints of Smith, Linda Boucher Harman McNulty Deal Linder Members and deny ourselves a pay Snyder Brown (CA) Hefner Meehan DeLay Lipinski raise. But we must take affirmative ac- Brown (FL) Hilliard Meeks (NY) Dickey Livingston Solomon Brown (OH) Hinchey Menendez Dicks Lucas Souder tion to do that. Campbell Hinojosa Millender- Dingell Manton Spence Not so with the Federal judges. The Capps Hooley McDonald Doggett Manzullo Stearns only way they can get a cost-of-living Stenholm Carson Jackson (IL) Miller (CA) Doolittle McCarthy (MO) allowance is by us voting them one. I Clayton Jackson-Lee Minge Dreier McCollum Stump Clement (TX) Mink Duncan McCrery Sununu think isolating Federal judges from all Clyburn Jefferson Mollohan Dunn McGovern Talent of the other employees in the Federal Condit Johnson (WI) Murtha Ehlers McHale Tauzin Government is wrong, it is mean-spir- Conyers Johnson, E. B. Nadler Ehrlich McHugh Taylor (NC) Costello Kanjorski Neal Emerson McInnis Thomas ited, it is unfair. And I do believe the Coyne Kaptur Oberstar English McIntosh Thornberry quality of justice, which is not of the Cummings Kennedy (MA) Obey Ensign McIntyre Thune highest I hasten to add, depends on the Davis (IL) Kennedy (RI) Olver Everett McKeon Tiahrt caliber of the people administering DeFazio Kennelly Ortiz Ewing Metcalf Tierney DeGette Kildee Owens Fawell Mica Towns that justice; and that is the judges, Delahunt Kilpatrick Pallone Foley Moakley Turner male and female, throughout the land. DeLauro Kind (WI) Pascrell Forbes Moran (KS) Upton We penalize them because they are Deutsch King (NY) Pastor Fossella Moran (VA) Walsh Diaz-Balart Klink Paul Fowler Morella Wamp Federal judges and we are mad at this Dooley LaFalce Payne Frank (MA) Myrick Watkins judge or that judge for a dumb decision Doyle Lampson Pelosi Franks (NJ) Nethercutt Watts (OK) and, so, we are going to have the whole Edwards Lantos Peterson (MN) Frelinghuysen Neumann Weldon (FL) system rigged so they are different Engel Leach Pomeroy Gallegly Ney Weldon (PA) Eshoo Lee Poshard Ganske Northup Wexler from everybody else. I think that is un- Etheridge Lewis (GA) Price (NC) Gekas Norwood White fair. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2279 Now, I have proposed in this bill a ju- governmental class, should be able to How can we do any less than to com- dicial reform bill to remove the re- be entitled to these very modest cost- pensate them for this high calling? quirement that Federal judges could of-living increases that the rest of peo- So I would just offer to work with not get a cost-of-living increase with- ple that serve in the government enjoy. the Chairman. I appreciate his position out a vote to remove that. I learned I appreciate the efforts of the gen- in terms of the overall bill. very late in the day before I was to ap- tleman. b 1615 pear before the Committee on Rules Mr. HYDE. Mr. Chairman, I yield to that the rule that would be proposed the gentleman from Maryland (Mr. But I do believe that we need to have would be self-executing and would de- HOYER). further discussions on this issue and lete Section 9 of my bill, which was my Mr. HOYER. Mr. Chairman, I thank work through it so that we can have amendment to provide for treating the distinguished member of the Com- the quality of the judiciary that we Federal judges like everybody else on mittee on the Judiciary for yielding. would like to have and ensure that cost-of-living allowances. I was upset There are not many, there are some there is adequate compensation out of at that and not having any notifica- but not many, who have stood on this the way of the politics. tion. floor and either voted for or advocated Mr. HYDE. Mr. Chairman, I yield to But, in any event, I was informed for the pay raises not only for Federal the gentleman from Massachusetts that the reason my bill was going to employees but for Members of Congress (Mr. FRANK). have that part deleted was that I was than I. Mr. FRANK of Massachusetts. Mr. creating an entitlement and we do not I, however, in this instance, although Chairman, I rise to offer my support create entitlements that way. Well, understanding the concern that some for the amendment that will now not there are ways to handle that, and one have with respect to impact on Mem- be offered. But I want to express my is to subject this change to appro- bers’ pay, want to strongly join the admiration to the gentleman from Illi- priated funds. That would cure that. chairman of the committee in his com- nois. Taking the position he is taking But nobody was interested in helping ments with respect to delinking. so vigorously is not an easy one around me do that in the rule. And I was told Very frankly, my friends, this has to here. But I hope Members will listen to if I offered an amendment to that ef- do with whether or not the Congress of what he said, separate out views that fect on the floor, even though this is an the United States has either the cour- Members may have on particular open amendment, that this would not age or judgment to stand and do what judges and particular decisions from be germane. I think the overwhelming majority the more important question. Well, we took steps to see that it voted to do back in 1989, and that is We all agree that there is going to be would be germane by redrafting it. Cer- take a cost-of-living adjustment, not a Federal law. We agree that there is tain amendments were adopted that pay raise, but a cost-of-living adjust- going to be Federal criminal law and broadened the purview of the statute. ment to keep pay even. That is what a Federal civil law. We certainly all But that encountered serious resist- cost-of-living adjustment does. It keeps agree, I hope, that we want our con- ance. And so, the upshot of all of this pay even. stituents well served by thoughtful, in- folderol about people nobody cares a Now, if we think we ought not to do telligent people. great deal about, the Federal judiciary, that for ourselves, what the Chairman We want people who are at the top of treating them equally with everybody is saying, we ought not to tie in others the profession in temperament, and in- else, although we pretend to support to that same position, which in my telligence, and ability. Paying them as equal justice for all, the upshot of it is, opinion relates not to the equity of pay little as we do is a mistake. We are not if I persist in my efforts, the bill will but relates all to politics. I understand going to get justice on the cheap that go down. And I do not want the bill to that. I criticize no one for that. But I way, and we do not serve well this go down. was going to support the Chairman’s cause of justice for our constituents. I think this is a good bill. There are inclusion of the delinking in the bill. The CHAIRMAN pro tempore (Mr. some good things in this. And, there- Many on my side have not have done ROGERS). The time of the gentleman fore, I have agreed not to offer my that, Mr. Chairman, as my colleagues from Illinois (Mr. HYDE) has expired. amendment, to bite my lip, and to take know. And, frankly, some of my (On request of Mr. Frank of Massa- the unfair, in my judgment, treatment strongest allies on the other side on chusetts, and by unanimous consent, of an issue that deserves debate on the the pay issue would not have supported Mr. HYDE was allowed to proceed for 1 floor in the vote. it. But I think it is wrong that we con- additional minute.) I understand why people do not want tinue to keep the judiciary tied to the Mr. FRANK of Massachusetts. Mr. this change to occur, because it helps political vagaries of what this body is Chairman, will the gentleman yield to us get a pay raise if we can say the willing to do for itself. me? judges are being held back, too. But I Mr. HYDE. Mr. Chairman, I yield to Mr. HYDE. I yield to the gentleman do not see why economic politics the gentlewoman from Texas (Ms. from Massachusetts, certainly. should deny one group of Federal em- JACKSON-LEE). Mr. FRANK of Massachusetts. We do ployees, with all their warts and their Ms. JACKSON-LEE of Texas. Mr. not serve the cause of justice by con- flaws, equal treatment. Chairman, I thank the Chairman for fusing unhappiness with particular The CHAIRMAN pro tempore (Mr. yielding. judges and particular decisions with ROGERS). The time of the gentleman I would like to add my concern and the functions of the judiciary. The gen- from Illinois (Mr. HYDE) has expired. willingness to go the extra mile on tleman is making a valiant effort to (By unanimous consent, Mr. HYDE what I think is an important and cru- protect that function. I hope that in was allowed to proceed for 5 additional cial issue: Are we going to have the some other context those efforts are minutes.) best judicial branch this Nation can af- more successful. I regret, although I Mr. HYDE. Mr. Chairman, I yield to ford? And I, too, supported the effort of understand fully, the situation in the gentleman from Michigan (Mr. the Chairman to reflect on our appre- which he found himself, that we will CONYERS), the ranking member. ciation and respect for the judiciary not be able to vote on it now. (Mr. CONYERS asked and was given and the difficulty of their job and posi- I will say, as an aside, this does make permission to revise and extend his re- tion and, likewise, as a newer Member, it an easier decision for me because, marks.) think that we can defend COLAs no had the gentleman offered the amend- Mr. CONYERS. Mr. Chairman, I matter who it happens to before, unfor- ment and had it been succeeded, I thank the chairman of the Judiciary tunately, politics do get in the way. would have been conflicted, but now I for yielding. Just about a year ago, one of my sen- can vote against what I think is kind I join my colleague in his sentiments ior judges, Judge Norman Black, who, of a silly bill without any problem. and point out that this is going to take unfortunately, passed away, came and AMENDMENT OFFERED BY MR. CONYERS a considerable amount of work to ac- made an eloquent argument, not for Mr. CONYERS. Mr. Chairman, I offer complish this delinking. But I think self, but for the standing and the qual- an amendment. the time has come that judges, as a ity and the excellence of the judiciary. The Clerk read as follows: H2280 CONGRESSIONAL RECORD — HOUSE April 23, 1998 Amendment offered by Mr. CONYERS: ton Act, and the securities laws per- that he is trying to protect American Add the following at the end: mitting service wherever the defendant interests. But it is my concern for SEC. 12. FOREIGN JURISDICTION AND PROCESS. can be found. which I believe that there is a strong (a) IN GENERAL.—Chapter 113 of title 28, Finally, my amendment ensures that basis that the actual impact of this United States Code, is amended by adding at foreign persons are subject to the same could actually be to harm American in- the end the following new section: rules of discovery as our own citizens terests around the world and to subject ‘‘§ 1697. Foreign jurisdiction; service of proc- and corporations when they are sued American companies, American citi- ess; compliance with rules of discovery for wrongdoing. Currently, Americans zens doing business in other countries ‘‘(a) FOREIGN JURISDICTION AND PROCESS.— are subject to a cumbersome discovery to retaliatory action in response to our In any civil action for harm sustained in the process which requires involvement of enactment of this amendment. United States, that is brought in a Federal foreign courts and is subject to foreign In light of those concerns, and with court against a defendant located outside the laws that are designed to thwart dis- the recognition of the gentleman’s United States, the court in which the action is brought shall have jurisdiction over such covery process. good faith in offering this, I would defendant if the defendant knew or reason- Let us continue to create a level strongly urge the Members of the ably should have known that its conduct playing field so that our American House to reject the amendment, but I would cause harm in the United States. companies are not, in fact, disadvan- would for myself certainly offer to the Process in such civil action may be served taged by foreign competitors. It will gentleman to work with him on this wherever the defendant is located, has an also help ensure justice for U.S. citi- issue and to see if there may be a way agent, or transacts business. zens that might be harmed by a foreign that we can strike an appropriate bal- ‘‘(b) COMPLIANCE WITH RULES OF DISCOV- product. ance where we can help protect Amer- ERY.—In any action described in subsection When a foreign automobile is defec- ican interests without inviting retalia- (a), any party who is a citizen or national of tive, or when fruit imported from out a foreign country shall comply with the tion that could be harmful. rules governing the conduct of discovery in of the country causes widespread dis- Mr. SKAGGS. Mr. Chairman, will the the same manner and to the same extent as ease, or when a halogen lamp made gentleman yield? a party that is a citizen of the United States, overseas but used in this country ex- Mr. CANADY of Florida. I am happy except that the deposition of a person who is plodes, we need to make sure that to yield to the gentleman from Colo- a citizen or national of a foreign country there is some form of accountability, rado. may be taken only by leave of the court on whether the defendant is located with- Mr. SKAGGS. Mr. Chairman, I just such terms as the court prescribes.’’. in the United States or not. was curious because I was tracking, I (b) CONFORMING AMENDMENT.—The table of So I urge, again, for the favorable think, the gentleman’s logic in this. It sections for chapter 113 of title 28, United consideration of the amendment. seems to me it might extend then to, States Code, is amended by adding at the end Mr. CANADY of Florida. Mr. Chair- the following new item: for instance, opposing the Helms-Bur- man, I move to strike the last word. ton legislation which has certain ‘‘1697. Foreign jurisdiction; service of proc- Mr. Chairman, I rise in opposition to extraterritorial effects that run into ess; compliance with rules of the amendment offered by the gen- discovery.’’. serious opposition from our friends tleman from Michigan. This is an around the world. Mr. CONYERS (during the reading). amendment which was considered by Mr. CANADY of Florida. Mr. Chair- Mr. Chairman, I ask unanimous con- the full Committee on the Judiciary man, I thank the gentleman for his in- sent that the amendment be considered and was not adopted. It is also an sight on that issue. I would suggest to as read and printed in the RECORD. amendment that was considered by the the gentleman from Colorado that The CHAIRMAN pro tempore. Is full House 3 years ago, I understand, there are extraordinary considerations there objection to the request from the when it was offered as an amendment involved there which the House has de- gentleman of Michigan? to the product liability reform bill. It bated. The House has spoken on that There was no objection. was defeated then. I understand there issue along with the Senate, and I Mr. CONYERS. Mr. Chairman, I used may have been a conflicting action on might also add along with the adminis- to say that my amendment is simple a motion to instruct conferees. tration. and should be noncontroversial, but I I think it is important for the Mem- Mr. SKAGGS. Mr. Chairman, I move have stopped doing that lately. But bers to focus on the potential impact of to strike the requisite number of this is not a complicated amendment. this amendment. I share the concern of words. It changes title 28 to provide for serv- the gentleman from Michigan that we Mr. Chairman, I yield to the distin- ice of process against actions brought act in such a way that we can help en- guished gentleman from Michigan (Mr. against defendant corporations located sure that American companies are not CONYERS), the ranking member. outside of the United States. It is an subjected to unfair foreign competi- Mr. CONYERS. Mr. Chairman, I amendment that has succeeded before tion. But I think we also have to be would want to say to my friend from on a couple of occasions, once in a bi- very concerned about the potential re- Florida, we need to work on this some partisan vote, and the other in a mo- taliation by foreign nations if we adopt more, but what more work does the tion to instruct conferees. a provision such as this, that that is a gentleman have in mind? This is no dif- It responds to the problem of service primary concern, I think, that should ferent from the committee amend- to a foreign corporation by creating a move us to oppose the gentleman’s ment. We have gone through this in the nationwide contacts test whenever a amendment and see that it is not Committee on the Judiciary. That is foreign defendant is sued in Federal adopted. the only way it got out to the floor. court if it knew or reasonably should The extent to which American stat- Mr. CANADY of Florida. Mr. Chair- have known that its conduct would utes apply to foreign nationals already man, will the gentleman yield? cause harm in this country. is a serious point of contention in our Mr. SKAGGS. I yield to the gen- This is not a new test. It has been re- foreign relations. I believe it is impor- tleman from Florida. peatedly upheld by our courts and is in tant that we proceed cautiously in this Mr. CANADY of Florida. Mr. Chair- the law already and for other activi- area. I think additional caution is indi- man, it is true we went through it in ties. It is similar to the standard cated due to the fact that this amend- the Committee on the Judiciary, and adopted last Congress when we amend- ment has not been the subject of full the amendment was defeated. It was re- ed the Foreign Service Immunities Act consideration in hearings. jected by the committee. Obviously, to permit actions against terrorist I agree with the gentleman that this that is why we are here debating it States to proceed in this country. is an area for us to look at, but I do not today. Secondly, we provide for worldwide think that we have adequately evalu- Mr. CONYERS. Yes, it was defeated service of process. Presently, a big ated this in order to make sure that we in the committee; but with no deroga- problem with service of process is that are striking an appropriate balance tory reflection on the committee. It each nation requires different methods that is not going to end up actually was passed in the House by a vote of 258 for process. A uniform worldwide serv- harming American interests. to 166, and then it was approved by an ice will fix this problem, and is consist- I respect the intentions of the gen- even larger motion to instruct con- ent with our other laws like the Clay- tleman from Michigan. I understand ferees by 256 to 142, February 29, 1996. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2281 If the gentlemen are suggesting that proceedings on the amendment offered sensitivity training for teachers on I have got to pass an amendment in the by the gentleman from Michigan will how to keep prayer out of schools. Committee on the Judiciary before I be postponed. In Dekalb County, Alabama, which I can pass an amendment that has al- The point of no quorum is considered am privileged to represent, the Fourth ready passed on the floor, we maybe withdrawn. Congressional District, Judge DeMent ought to reconsider the way that Con- b 1630 has been decided to be a legislator and gress works. Notwithstanding the appropriate from the Federal bench. He Members in the committee, this is a AMENDMENT OFFERED BY MR. ADERHOLT ordered county school funds that very popular motion. Mr. ADERHOLT. Mr. Chairman, I should be going to the classrooms to go Let us talk about the problems that offer an amendment. to pay for court-appointed monitors one might examine here. First of all, I The Clerk read as follows: who will go into the schools and to do not want to put the gentleman into Amendment offered by Mr. ADERHOLT: make sure that there is no prayer. a not wanting to protect American in- Page 8, line 15, insert ‘‘or to disburse any Although I disagree with Judge De- terests like the majority of us do. I funds to remedy the deprivation of a right Ment’s ruling, there may be some here under the Constitution,’’ after ‘‘tax,’’. know he does. I would argue that for Page 8, line 21, strike ‘‘or assessment’’ and today who agree with it, but when a anybody. But there is no retaliation. insert ‘‘assessment, or disbursement’’. Federal judge has free rein to take con- We are the ones that are being dis- Page 9, strike lines 1 through 24 and insert trol and take local school funds away advantaged already. the following: from local officials and then use them What I am doing is trying to level ‘‘(C) the tax or assessment will not con- to pay for whatever he deems nec- the playing field. The fact of the mat- tribute to or exacerbate the deprivation in- essary, that is going too far. We need ter is that Americans cannot reach for- tended to be remedied, including through its to have checks and balances. Our Na- eign corporations because we are tied effect on property valves or otherwise; tion was founded on this principle, and ‘‘(D) plans submitted to the court by State up by their laws of service, their laws and local authorities will not effectively re- unfortunately we have drifted far away of discovery, their laws of bringing dress the deprivations at issue; and from this. Taxation without represen- them into litigation. ‘‘(E) the interests of State and local au- tation has been a cause for revolt in All I am saying is that foreign cor- thorities in managing their affairs are not this country since the beginning of the porations, if and when they may be the usurped, in violation of the Constitution, by American Revolution, and we are still subject of litigation, would be subject the proposed imposition, increase, levying, fighting this battle today. to no less rules of procedure than or assessment. This amendment that I am offering American corporations. ‘‘(2) The limitation contained in paragraph today would re-insert and clarify the (1) shall apply only to any order or settle- How that would antagonize a foreign ment which— original language in section 5 of H.R. corporation benefiting from American ‘‘(A) expressly directs any State, or politi- 1252 to ensure that certain criteria are sales, and by the way, guess who buys cal subdivision of a State, to impose, in- met before the courts can disburse ex- the most from everybody in the world? crease, levy, or assess any tax or disburse isting local and State taxpayer dollars So there is no way that we could make any funds to remedy the deprivation of a in constitutional cases. The underlying them angry and they would take their right under the Constitution; or bill has stated that a judge must meet products away from us. I do not think ‘‘(B) will necessarily require a State, or po- certain criteria in order to raise or as- that is going to really work. So please, litical subdivision of a State, to impose, in- sess taxes. My amendment will give crease, levy, or assess any tax or disburse please, sir, realize that this is very any funds to remedy the deprivation of a Federal judges the same pause for critical to American citizens, our con- right under the Constitution. thought before using existing State stituents, who are trying to seek some ‘‘(3) If the court finds that the conditions and local revenues in constitutional recovery. set forth in paragraph (1) have been satisfied, cases. Now, it just occurred to me, I men- it shall enter an order incorporating that This amendment does not say a Fed- tioned halogen lamps. You know, the finding, and that order shall be subject to eral judge can never use State and greatest jazz musician in America, immediate interlocutory de novo review. local funds, it merely states that be- aged 90, Lionel Hampton, had his whole Page 10, line 7, insert after ‘‘tax,’’ the fol- fore he acts he must make sure that he lowing: ‘‘and any person or entity that is a apartment destroyed because of a halo- resident of the State or political subdivision is doing the right thing. gen lamp. I do not know whether it was that would be required to disburse funds An unelected official should not be made in or out of the U.S., but there under paragraph (1) shall have the right to allowed to impose a tax on the people was going to be a big suit, and they, intervene in any proceeding concerning such without first giving careful consider- fortunately, resolved it. disbursement,’’. ation to their actions. Likewise, if a But if it had gone to litigation, if it Page 10, line 16, insert ‘‘, or disburse the Federal judge takes away local re- had been a foreign corporation, Lionel funds,’’ after ‘‘tax’’. sources to enforce a ruling, especially Hampton may not live long enough to Page 10, line 21, insert ‘‘, or the disburse- in constitutional cases, there need to ment of funds,’’ after ‘‘tax’’. ever see anything happen to it, because Page 10, line 25, insert ‘‘or the disburse- be protections built into the system to he would have to go along with the ment of funds, as the case may be’’ after ensure that judges do not overstep civil rules of procedure for whatever ‘‘tax’’. their bounds and make decisions that company, for whatever country the Page 11, line 10, insert ‘‘, or a disbursement are clearly out of the scope of their au- company originated in. of funds that is made,’’ after ‘‘imposed’’. thority. All I am saying is let us have every- Mr. ADERHOLT (during the reading). Using existing funds collected from body play by the same set of rules. So Mr. Chairman, I ask unanimous con- honest taxpaying citizens for purposes if we could get another vote on it, and sent that the amendment be considered that a judge who has clearly over everyone is of the same opinion that as read and printed in the RECORD. stepped his bounds, they should be pro- they were 2 years ago, 1 year ago, I The CHAIRMAN pro tempore (Mr. hibited, and that is what my amend- would be very grateful. ROGERS). Is there objection to the re- ment aims to do. The CHAIRMAN pro tempore. The quest of the gentleman from Alabama? I urge my colleagues to put a stop to question is on the amendment offered There was no objection. the court systems in America that are by the gentleman from Michigan (Mr. Mr. ADERHOLT. Mr. Chairman, running amok and vote in favor of my CONYERS). today I have come to the House floor to amendment to H.R. 1252. The question was taken; and the call for an end to the unlimited power The CHAIRMAN pro tempore. The Chairman pro tempore announced that of Federal judges to legislate from the question is on the amendment offered the noes appeared to have it. Federal bench and then send State and by the gentleman from Alabama (Mr. Mr. CONYERS. Mr. Chairman, I de- local taxpayers the bill. I want to ADERHOLT). mand a recorded vote, and pending make certain that Federal judges like The question was taken; and the that, I make the point of order that a some in Alabama, like Judge Ira De- Chairman pro tempore announced that quorum is not present. Ment, so they cannot use the people’s the ayes appeared to have it. The CHAIRMAN pro tempore. Pursu- hard-earned tax dollars for things like Mr. SKAGGS. Mr. Chairman, I de- ant to House Resolution 408, further court-appointed prayer monitors and mand a recorded vote. H2282 CONGRESSIONAL RECORD — HOUSE April 23, 1998 The CHAIRMAN pro tempore. Pursu- We are all well aware that agencies in connection with the Jackson-Lee ant to House Resolution 408, further in the United States Government are amendment that was offered earlier, proceedings on the amendment offered involved in litigation routinely around obviously the gentleman’s amendment by the gentleman from Alabama (Mr. the country involving all manner of is more restricted in that it focuses on ADERHOLT) will be postponed. important public issues, whether settlements involving the Government AMENDMENT OFFERED BY MR. SKAGGS Superfund matters, consumer products of the United States, whereas the Jack- Mr. SKAGGS. Mr. Chairman, I offer issues, whatever. Frequently these son-Lee amendment was much broader an amendment. cases are settled and the judge consid- than that. But, notwithstanding that, I The Clerk read as follows: ering the settlement is requested to am concerned that this amendment would in its present form serve to dis- Amendment offered by Mr. SKAGGS: seal the settlement; that is, block any At the end of the bill, add the following public disclosure. The reason for seal- courage settlement of cases by the gov- new section: ing these settlements can range from ernment and could result in the disclo- SEC. COURT SETTLEMENT SUNSHINE. just avoiding embarrassment to pro- sure of information which should not (a) SHORT TITLE.—This section may be tecting trade secrets and a number of be disclosed, which could cause unnec- cited as the ‘‘Federal Court Settlements things, some of them quite legitimate essary embarrassment to innocent in- Sunshine Act of 1998.’’ and offering a compelling public inter- dividuals. (b) REQUIREMENTS REGARDING SETTLEMENT est reason for sealing the information. There is also a potential, as the gen- OF CASES.—Chapter 111 of Title 28, United But I think it is important and there- tleman recognized, for disclosure of States Code, is amended by adding at the end fore this amendment would create a proprietary information. I believe the the following: gentleman’s position would be that his ‘‘SEC. 1661. PUBLIC AVAILABILITY OF SETTLE- presumption that in cases in which the MENTS OF CASES. United States Government is a party, amendment would not require the dis- ‘‘Any settlement made of a civil action to that the public’s right to know should closure of proprietary information. I which the United States, an agency or de- be respected, again absent a presen- am not certain that that is clear from partment thereof, or an officer or employee tation of reasons to seal a settlement the terms of the amendment, however, thereof in his or her official capacity, is a and absent a determination by the so that is a concern. real party in interest, shall not be sealed, court on a reasonable basis that there I think another point to make in con- but shall be made available for public inspec- is good reason to withhold the terms of nection with this is that the Civil tion, unless the court determines that there Rules Advisory Committee of the Judi- is a compelling public interest in limiting the settlement from the public. This is the public’s business. Often large sums cial Conference has recommended that such availability. Any such determination there be no changes to rule 26(c) re- shall be made in writing and shall explain of money or important matters of pub- the basis for the determination.’’ lic policy can be at stake, so I think it garding protective orders, and I do not always agree with the Judicial Con- (c) CONFORMING AMENDMENT.—The table of is only right that we all have a chance sections at the beginning of chapter 111 of to see what kind of settlement arrange- ference. Mr. FRANK of Massachusetts. Mr. title 28, United States Code, is amended by ments our national government has en- adding at the end the following new item: Chairman, will the gentleman yield? tered into. Mr. CANADY of Florida. I yield to ‘‘Sec. 1661. Public availability of settlements I know my colleagues may recall of cases.’’ the gentleman from Massachusetts. back to the savings and loan debacle Mr. FRANK of Massachusetts. I Mr. SKAGGS (during the reading). days. In Colorado there was a settle- Mr. Chairman, I ask unanimous con- would just note that the gentleman ment in the old Silverado case involv- never agrees with the Judicial Con- sent that the amendment be considered ing something like a billion dollars, as having been read and printed in the ference. but that settlement was sealed and the Mr. CANADY of Florida. Well, occa- RECORD. people of Colorado and the country sionally. The CHAIRMAN pro tempore. Is never had any opportunity to find out Mr. FRANK of Massachusetts. Except there objection to the request of the exactly what was going on there. I do now. gentleman from Colorado? not think that is the kind of presump- Mr. CANADY of Florida. Occasion- There was no objection. tion that creates and supports public ally we agree with the Judicial Con- Mr. SKAGGS. Mr. Chairman, I appre- trust and confidence in the courts, so I ference. The Judicial Conference has ciate the opportunity to bring this hope that this is an amendment that is looked at this, and they have decided issue to my colleagues, but in doing so reasonably drawn for a good purpose that there is no compelling need for a I want first to apologize to particularly and can earn the support of my col- change in the rule. the chairmen of the committee and the leagues. Another point that I think we should subcommittee for not having brought In the hearing that was held on this consider is that the sort of public mat- this to them before we started debate amendment some years ago before it ters and settlements by government on this on the floor today. It is not a was passed out of the same subcommit- agencies that the gentleman is con- process that I would normally want to tee that brings this bill to the floor, cerned about are subject to ongoing follow and certainly not one that they one Federal district judge who testified oversight by the Congress of the United want to have followed. in support of the bill characterized this States. I think that that is an appro- But this is a matter that actually kind of public accountability as, quote, priate area for us to be involved, and I was heard in a Judiciary subcommittee the very essence of justice is that it is believe that to the extent that there a few years ago and reported out. It ba- public. I think that ought to inform may be problems with respect to settle- sically would provide that in any civil our treatment of this matter, and I ask ments that are entered into by govern- case in which the United States, an my colleagues’ favorable consideration. ment agencies, it is our responsibility agency of the United States or a officer Mr. CANADY of Florida. Mr. Chair- in the Congress to conduct oversight of the United States is a party in inter- man, I rise in opposition to the amend- with respect to those matters. I believe est, that any settlement entered into ment offered by the gentleman from that that avenue of bringing public in such a case would in the normal Colorado (Mr. SKAGGS). scrutiny to settlements is a valuable course have to be made available to the Mr. Chairman, I am sorry to dis- check on potential abuses in this area. public, public information, unless the appoint my friend and colleague from So for all of these reasons I would presiding judge entered an order find- Colorado in opposing the amendment, urge the Members of the House to re- ing that there was a compelling public but as the gentleman noted at the out- ject the gentleman’s amendment. interest in sealing the settlement pa- set, this is an amendment which we on Again, as with the earlier amendments, pers and making them secret. the Committee on the Judiciary have I as a member of the Subcommittee on Certainly at a time when there is a really not had an opportunity to fully Crime would be happy to work with the lot of discussion about the need for evaluate. gentleman in addressing his concerns. more open and accountable govern- I am sympathetic to the concerns un- There may be a way that could be ment, I believe that moving in this di- derlying the amendment, and although more narrowly tailored and targeted rection with the Federal courts is an I will have to say that this debate to a which would help ensure that the pub- appropriate thing to do. certain extent has already taken place lic interest is protected, and that all April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2283 the other concerns that we have are presumption of the public business of Klink Moakley Sherman Kucinich Mollohan Skaggs adequately covered so that we are not the public courts being public? LaFalce Moran (VA) Skelton compromising the values that we seek If the gentleman is uncomfortable Lampson Morella Slaughter to protect. We may be able to craft an with that proposition, obviously he Lantos Nadler Smith (MI) approach that would take all those will vote against the amendment. But I Lee Neal Smith, Adam Levin Oberstar Snyder things into account and would be bal- think it is a fairly straightforward one, Lewis (GA) Obey Spratt anced and would deserve passage by the and one I was quite proud, for instance, LoBiondo Olver Stabenow House, but I do not think we are there to have the cosponsorship and support Lofgren Ortiz Stark Lowey Owens Stearns yet with this particular amendment, so of the now chairman of the Committee Luther Pallone Stokes I would urge the Members of the House on the Judiciary when this was re- Maloney (CT) Pappas Strickland to reject the amendment. ported out of the subcommittee that Maloney (NY) Pascrell Stupak Mr. FRANK of Massachusetts. Mr. the gentleman is now a member of a Manton Pastor Tauscher Markey Payne Taylor (MS) Chairman, I move to strike the req- couple of years ago. Martinez Pelosi Thompson uisite number of words. The CHAIRMAN. The question is on Mascara Pomeroy Thurman Mr. Chairman, as it has been said the amendment offered by the gen- Matsui Price (NC) Tierney that patriotism is sometimes the last McCarthy (MO) Rahall Torres tleman from Colorado (Mr. SKAGGS). McCarthy (NY) Rangel Towns refuge of scoundrels, invocation of the The amendment was rejected. McDermott Reyes Traficant McGovern Rivers Velazquez Judicial Conference is the last refuge SEQUENTIAL VOTES POSTPONED IN COMMITTEE of my friend from Florida. He is rarely McHale Rodriguez Vento OF THE WHOLE McHugh Roemer Visclosky to be found on the same side of an issue The CHAIRMAN. Pursuant to House McIntyre Roybal-Allard Wamp as the Judicial Conference, he is rarely Resolution 408, proceedings will now McKinney Rush Waters to be found on the same side of the resume on those amendments on which McNulty Sabo Watt (NC) hemisphere as the Judicial Conference, Meehan Salmon Waxman further proceedings were postponed in Meeks (NY) Sanchez Weygand and when the gentleman from Florida the following order: Menendez Sanders Wise invokes the Judicial Conference it is a The amendment offered by the gen- Millender- Sandlin Woolsey simple affirmation of the principle that McDonald Sawyer Wynn tleman from Michigan (Mr. CONYERS), Miller (CA) Schumer Yates nature abhors a vacuum. Into the vacu- and the amendment offered by the gen- Minge Scott um of arguments that my friend had tleman from Alabama (Mr. ADERHOLT). Mink Serrano rushes a reference to the Judicial Con- The Chair will reduce to 5 minutes NOES—216 ference. The fact that he who ordi- the time for any electronic vote after Aderholt Fossella Manzullo narily disagrees with it invokes it the first vote in this series. Archer Fowler McCollum shows this is a pretty good idea. Not Armey Frelinghuysen McCrery only is it a pretty good idea, but it is AMENDMENT OFFERED BY MR. CONYERS Bachus Gallegly McDade one that is hard to object to. The CHAIRMAN. The pending busi- Baker Ganske McInnis ness is the vote on the amendment of- Barr Gekas McIntosh The gentleman’s amendment is quite Barrett (NE) Gibbons McKeon moderate, the gentleman from Colo- fered by the gentleman from Michigan Bartlett Gilchrest Metcalf rado. It says if a judge decides there is (Mr. CONYERS) on which further pro- Barton Gillmor Mica a compelling reason not to make this ceedings were postponed, and on which Bass Gilman Moran (KS) the noes prevailed by voice vote. Bereuter Goode Murtha public, the judge can do that. But the Bilbray Goodlatte Myrick rule ought to be, the assumption ought The Clerk will designate the amend- Bilirakis Goodling Nethercutt to be that the public will know about ment. Bliley Gordon Neumann The Clerk designated the amend- Blunt Goss Ney public business. Boehlert Graham Northup I am surprised, frankly, at some of ment. Boehner Granger Norwood my conservative friends. Conservatives RECORDED VOTE Bonilla Greenwood Nussle Bono Gutknecht Oxley have traditionally distrusted the exec- The CHAIRMAN. A recorded vote has Boyd Hall (TX) Packard utive. For them to be not wanting to been demanded. Brady Hansen Parker require the executive to make clear the A recorded vote was ordered. Bryant Hastert Paul terms of any settlement which in the Bunning Hastings (WA) Pease The vote was taken by electronic de- Burr Hayworth Peterson (MN) nature of the case would exclude the vice, and there were—ayes 200, noes 216, Burton Hefley Peterson (PA) legislative body but be an executive de- not voting 16, as follows: Buyer Herger Petri Callahan Hill Pickering cision surprises me. So I rise in support [Roll No. 107] of the amendment. Calvert Hilliard Pickett AYES—200 Camp Hobson Pitts Mr. Chairman, I yield to the gen- Campbell Hoekstra Pombo Abercrombie Costello Frost Canady Horn Porter tleman from Colorado (Mr. SKAGGS) the Ackerman Coyne Furse Cannon Hostettler Portman author of the amendment. Allen Cummings Gejdenson Castle Houghton Pryce (OH) Andrews Danner Gephardt b Chambliss Hulshof Quinn 1645 Baesler Davis (FL) Green Chenoweth Hutchinson Radanovich Baldacci Davis (IL) Gutierrez Mr. SKAGGS. Mr. Chairman, I appre- Christensen Hyde Ramstad Ballenger Deal Hall (OH) Coburn Inglis Redmond ciate the comments made by my friend Barcia DeFazio Hamilton Collins Jenkins Regula from Florida about other ways of get- Barrett (WI) DeGette Harman Combest Johnson (CT) Riley Becerra Delahunt Hefner ting at the problem. I think it is a bit Cook Johnson, Sam Rogan Bentsen DeLauro Hilleary not quite sufficient to the issue to sug- Cooksey Jones Rogers Berman Deutsch Hinchey Cox Kasich Rohrabacher gest that any problems along these Berry Dicks Holden Cramer Kelly Ros-Lehtinen Bishop Dingell Hooley lines, of course, would be susceptible to Crane Kim Rothman Blagojevich Doggett Hoyer Congressional oversight and interven- Crapo King (NY) Roukema Blumenauer Dooley Hunter Cubin Kingston Royce tion by us. That can happen in a fairly Bonior Doyle Jackson (IL) Cunningham Klug Ryun haphazard fashion, as I think the gen- Borski Duncan Jackson-Lee Davis (VA) Knollenberg Sanford Boswell Edwards (TX) tleman is aware. DeLay Kolbe Saxton Boucher Ehrlich Jefferson But this really comes down to a pret- Diaz-Balart LaHood Scarborough Brown (CA) Engel John Dickey Largent Schaefer, Dan ty fundamental question, which is do Brown (FL) English Johnson (WI) Doolittle Latham Schaffer, Bob Brown (OH) Ensign Johnson, E. B. you think the business of the United Dreier LaTourette Sensenbrenner Capps Eshoo Kanjorski States courts, when involving the Dunn Lazio Sessions Cardin Etheridge Kaptur Ehlers Leach Shadegg United States itself as a party, ought Carson Evans Kennedy (MA) Emerson Lewis (CA) Shaw to be presumptively public business or Chabot Farr Kennedy (RI) Everett Lewis (KY) Shays Clayton Fazio Kennelly not, yes or no, subject to the discretion Ewing Linder Shimkus Clement Filner Kildee of a judge, employing a reasonable Fawell Lipinski Shuster Clyburn Ford Kilpatrick Foley Livingston Sisisky standard to determine whether there Condit Frank (MA) Kind (WI) Forbes Lucas Skeen are countervailing interests to that Conyers Franks (NJ) Kleczka H2284 CONGRESSIONAL RECORD — HOUSE April 23, 1998 Smith (NJ) Talent Watts (OK) Goss McCollum Scarborough Rivers Skelton Upton Smith (OR) Tauzin Weldon (FL) Graham McCrery Schaefer, Dan Rodriguez Slaughter Velazquez Smith (TX) Taylor (NC) Weldon (PA) Granger McHugh Schaffer, Bob Roemer Smith (NJ) Vento Smith, Linda Thomas Weller Hall (TX) McInnis Sensenbrenner Ros-Lehtinen Smith, Adam Visclosky Snowbarger Thornberry Wexler Hansen McIntosh Sessions Rothman Snyder Walsh Solomon Thune White Hastert McIntyre Shadegg Roukema Spratt Waters Souder Tiahrt Whitfield Hastings (WA) McKeon Shaw Roybal-Allard Stabenow Watt (NC) Spence Turner Wicker Hayworth Metcalf Shimkus Rush Stark Waxman Stenholm Upton Wolf Hefley Mica Shuster Sabo Stokes Weldon (PA) Stump Walsh Young (AK) Hefner Moran (KS) Sisisky Sanchez Strickland Weller Sununu Watkins Young (FL) Herger Myrick Skeen Sanders Stupak Wexler Hill Nethercutt Smith (MI) Sandlin Sununu Weygand NOT VOTING—16 Hilleary Neumann Smith (OR) Sawyer Tauscher White Bateman Gonzalez Paxon Hoekstra Northup Smith (TX) Saxton Taylor (MS) Whitfield Clay Hastings (FL) Poshard Hostettler Norwood Smith, Linda Schumer Thompson Wise Coble Hinojosa Riggs Hulshof Nussle Snowbarger Scott Thurman Woolsey Dixon Istook Tanner Hunter Packard Solomon Serrano Tierney Wynn Fattah Meek (FL) Hutchinson Parker Spence Shays Torres Yates Fox Miller (FL) Hyde Paul Stearns Sherman Towns Inglis Pease Stenholm Skaggs Turner Stump b 1709 Jenkins Peterson (MN) NOT VOTING—22 Johnson, Sam Peterson (PA) Talent Messrs. FOLEY, YOUNG of Alaska, Jones Pickering Tauzin Bateman Fattah Miller (FL) and CAMPBELL changed their vote Kasich Pickett Taylor (NC) Buyer Fox Paxon Kim Pitts Thomas Camp Gonzalez Poshard from ‘‘aye’’ to ‘‘no.’’ King (NY) Pombo Thornberry Clay Hastings (FL) Riggs Messrs. OWENS, KUCINICH, STU- Kingston Portman Thune Coble Hinojosa Souder PAK, MCHUGH, HILLEARY, MINGE Knollenberg Radanovich Tiahrt Cox Istook Tanner Kolbe Redmond Traficant Davis (IL) Kaptur and HUNTER changed their vote from Largent Riley Wamp Dixon Meek (FL) ‘‘no’’ to ‘‘aye.’’ Watkins Latham Rogan b So the amendment was rejected. Lewis (CA) Rogers Watts (OK) 1718 The result of the vote was announced Lewis (KY) Rohrabacher Weldon (FL) Messrs. GREEN, MCDADE, PETRI Linder Royce Wicker as above recorded. Livingston Ryun Wolf and MILLER of California changed ANNOUNCEMENT BY THE CHAIRMAN PRO Lucas Salmon Young (AK) their vote from ‘‘aye’’ to ‘‘no.’’ Young (FL) TEMPORE Manzullo Sanford So the amendment was rejected. The result of the vote was announced The CHAIRMAN pro tempore. Pursu- NOES—236 as above recorded. ant to House Resolution 408, the Chair Abercrombie Fawell Lewis (GA) announces that he will reduce to a PERSONAL EXPLANATION Ackerman Fazio Lipinski Mr. CAMP. Mr. Chairman, on rollcall no. minimum of 5 minutes the period of Allen Filner LoBiondo time within which a vote by electronic Andrews Forbes Lofgren 108, my voting card did not register, although device will be taken on the additional Baesler Ford Lowey I voted no. Baldacci Frank (MA) Luther (By unanimous consent, Mr. SOLOMON amendment on which the Chair has Barcia Franks (NJ) Maloney (CT) was allowed to speak out of order.) postponed further proceedings. Barrett (WI) Frelinghuysen Maloney (NY) Bass Frost Manton AMENDMENT PROCESS FOR H.R. 6, THE HIGHER AMENDMENT OFFERED BY MR. ADERHOLT Becerra Furse Markey EDUCATION AMENDMENTS OF 1998 The CHAIRMAN pro tempore. The Bentsen Ganske Martinez Mr. SOLOMON. Mr. Chairman, I pending business is the demand for a Berman Gejdenson Mascara move to strike the last word for the Berry Gephardt Matsui recorded vote on the amendment of- Bilbray Gilchrest McCarthy (MO) purposes of making an announcement. fered by the gentleman from Alabama Bishop Gilman McCarthy (NY) Mr. Chairman, the Committee on (Mr. ADERHOLT) on which further pro- Blagojevich Gordon McDade Rules is planning to meet the week of ceedings were postponed and on which Blumenauer Green McDermott April 27th, this coming week, to grant Boehlert Greenwood McGovern the ayes prevailed by voice vote. Bonior Gutierrez McHale a rule which may limit the amendment The Clerk will designate the amend- Borski Gutknecht McKinney process on H.R. 6, the Higher Education ment. Boswell Hall (OH) McNulty Amendments of 1998. Boucher Hamilton Meehan The rule may, at the request of the The Clerk designated the amend- Boyd Harman Meeks (NY) ment. Brown (CA) Hilliard Menendez Committee on Education and the Workforce, include a provision requir- RECORDED VOTE Brown (FL) Hinchey Millender- Brown (OH) Hobson McDonald ing amendments to be preprinted in the The CHAIRMAN pro tempore. A re- Campbell Holden Miller (CA) amendment section of the CONGRES- corded vote has been demanded. Capps Hooley Minge SIONAL RECORD. Amendments to be A recorded vote was ordered. Cardin Horn Mink preprinted should be signed by the The CHAIRMAN pro tempore. This is Carson Houghton Moakley Castle Hoyer Mollohan Member and submitted at the Speak- a 5-minute vote. Clayton Jackson (IL) Moran (VA) er’s table. Amendments should be Clement Jackson-Lee Morella The vote was taken by electronic de- drafted to the text of the bill as re- vice, and there were—ayes 174, noes 236, Clyburn (TX) Murtha Conyers Jefferson Nadler ported by the Committee on Education not voting 22, as follows: Costello John Neal and the Workforce. [Roll No. 108] Coyne Johnson (CT) Ney Mr. Chairman, Members should use Cummings Johnson (WI) Oberstar AYES—174 Davis (FL) Johnson, E. B. Obey the Office of Legislative Counsel to en- Aderholt Burton Deal Davis (VA) Kanjorski Olver sure that their amendments are prop- Archer Callahan DeLay DeFazio Kelly Ortiz erly drafted and should check with the Armey Calvert Dickey DeGette Kennedy (MA) Owens Office of the Parliamentarian to make Bachus Canady Doolittle Delahunt Kennedy (RI) Oxley Baker Cannon Dreier DeLauro Kennelly Pallone certain that their amendments comply Ballenger Chabot Duncan Deutsch Kildee Pappas with the rules of the House. Barr Chambliss Dunn Diaz-Balart Kilpatrick Pascrell Mr. MANZULLO. Mr. Chairman, I Barrett (NE) Chenoweth Ehrlich Dicks Kind (WI) Pastor ask unanimous consent that the Clerk Bartlett Christensen Emerson Dingell Kleczka Payne Barton Coburn Ensign Doggett Klink Pelosi be directed to strike section 5 of the Bereuter Collins Everett Dooley Klug Petri bill. Bilirakis Combest Foley Doyle Kucinich Pomeroy The CHAIRMAN pro tempore (Mr. Bliley Condit Fossella Edwards LaFalce Porter ROGERS). Is there objection to the re- Blunt Cook Fowler Ehlers LaHood Price (NC) Boehner Cooksey Gallegly Engel Lampson Pryce (OH) quest of the gentleman from Illinois? Bonilla Cramer Gekas English Lantos Quinn Mr. ADERHOLT. Mr. Chairman, re- Bono Crane Gibbons Eshoo LaTourette Rahall serving the right to object, and I do not Brady Crapo Gillmor Etheridge Lazio Ramstad intend to object, but I would like to en- Bryant Cubin Goode Evans Leach Rangel Bunning Cunningham Goodlatte Ewing Lee Regula gage in a colloquy with the distin- Burr Danner Goodling Farr Levin Reyes guished gentleman from Florida (Mr. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2285

CANADY) chairman of the Subcommit- only civil actions under RICO. It offers versions of it because they are trying tee on the Constitution of the Commit- no loophole of any sort for those who to deal with a complex subject. I under- tee on the Judiciary. would attempt to steal the property of stand that this is a response to a deci- Mr. Chairman, I would like to re- others or for those who would hurt in- sion that was just made, but let me quest that the Committee on the Judi- nocent people. make a point that I thought was clear. ciary study the situation in DeKalb There is only one class of people who You run the place. You control the County, Alabama, which has occurred benefit from this amendment: citizens committees. You could schedule a as a result of Judge DeMent’s ruling. I lawfully exercising their rights to hearing next week. You could schedule do not object to the unanimous consent speak out on issues of public concern. a markup the week after. You can at this time, but I would like to ask Mr. Chairman, it is my hope that we bring the bill to the floor. Do not work that that be studied. can support this amendment. in such haste on this issue. Mr. CANADY of Florida. Mr. Chair- Mr. SHADEGG. Mr. Chairman, will Now, Members quoted Professor man, will the gentleman yield? the gentleman yield? Blakey as saying that the RICO statute Mr. ADERHOLT. I yield to the gen- Mr. COBURN. I yield to the gen- goes too far. Many of us agree. But do tleman from Florida. tleman from Arizona. my colleagues know it does not just go Mr. CANADY of Florida. Mr. Chair- Mr. SHADEGG. Mr. Chairman, I rise too far for nonprofits. There are profit- man, I certainly understand the gentle- in support of the gentleman’s amend- making entities that have been un- man’s concerns and I share the con- ment and do so on the basis that the fairly dealt with under RICO. cerns regarding certain matters with law needs to provide that the purpose You leave them alone, because my respect to the judge’s order, and that is of the crime has to have been a profit- colleague from California did not like a matter which we will consider. seeking motive. what Kenneth Starr did with regard to Mr. ADERHOLT. Mr. Chairman, re- The Arizona RICO law is written in a Monica Lewinsky and her mother, and claiming my time, I withdraw my res- fashion to parrot the gentleman’s came in with a bill right to the floor of ervation of objection. amendment. It provides that the crime, the House. My colleagues here do not The CHAIRMAN pro tempore. Is the RICO offense, in order to be a pred- like what a court did with regard to a there objection to the request of the icate under the law, must have been right-to-life group, and they come gentleman from Illinois? pursued for financial gain. right to the floor of the House. This is There was no objection. What the gentleman’s amendment not a place for instant therapy. If you The CHAIRMAN pro tempore. Sec- does is simply clarify that and provide do not like something you read in the tion 5, as amended, is stricken. that unless there was either a profit- paper, please do not come right up with Are there other amendments? seeking purpose or a criminal offense an amendment. Let us use the proce- AMENDMENT OFFERED BY MR. COBURN as defined under State law or under dures. Mr. COBURN. Mr. Chairman, I offer Federal law, a RICO action cannot be I agree in both cases; legislative ac- an amendment. brought. tion is appropriate, but not right away; The Clerk read as follows: That is consistent, Mr. Chairman, not version four of the amendment. Let Amendment offered by Mr. COBURN: with both the intent of the authors and us have a hearing and a markup, and Add the following at the end: of the experts that help write the law, let us not say that we are only going to Sec. 12 Limitation on Racketeering specifically, I believe, law professor G. protect nonprofits. If you vote for this (a) IN GENERAL.—Chapter 99 of title 28, Robert Blakey. I think the gentleman’s amendment, are you then going to tell United States Code, is amended by adding at amendment clarifies the law and is a people that as far as profit-making en- the end the following new section: step in the right direction, and I sup- tities are concerned, RICO does not go ‘‘Section 1633. Limitation on Racketeering’’ port the amendment wholeheartedly. too far? ‘‘(a) LIMITATION.—Notwithstanding any Mr. FRANK of Massachusetts. Mr. other provision of law, in an action under Mr. SHADEGG. Mr. Chairman, will Chairman, I move to strike the last the gentleman yield? section 1964 of title 18, no court of the United word. Mr. FRANK of Massachusetts. I yield States or other court listed in section 610 of Mr. Chairman, we will now find out if this title shall have jurisdiction to enter or to the gentleman from Arizona. on the Republican side sauce for the carry out any order against the defendant, Mr. SHADEGG. Mr. Chairman, I sim- goose is sauce for the gander. unless the defendant has engaged in a profit- ply want to point out that the lan- I opposed an amendment that was of- seeking purpose or committed a criminal of- guage as offered by the gentleman from fense under state law or under this title.’’. fered before by the gentleman from Oklahoma does not limit this exemp- (b) CONFORMING AMENDMENT.—The table of California that would have created a tion to nonprofits. It will apply to prof- sections for chapter 99 of title 26, United brand-new privilege, a parent-child its or nonprofits. What it does is limit States Code, is amended by adding at the end privilege, not on the grounds that it the activity to whether or not the ac- the following: was an unthinkable idea but that deal- ‘‘1633. Limitation on racketeering.’’. tivity was profit-making activity. ing with a subject of that complexity Mr. COBURN. Mr. Chairman, every- and that impact for the first time on Mr. FRANK of Massachusetts. I agree one knows what a racketeer is and the floor of the House without having with that. That is exactly what I said. what a racketeer-influenced corrupt gone through any of our procedure was In fact, if you are a corporation trying organization is. These words refer to not a good idea. to make a profit, which most corpora- organized criminals, to people who tions do, you are not covered by this form gangs for the purpose of hurting b 1730 amendment. That is true. If you have a other people and stealing from them. The majority agreed with me. I make profit-making corporation that is sell- Declaring people racketeers simply the same argument here. Actually, this ing girl scout cookies, they could not because they engage in activities and is not so much an amendment as it is be RICO’d for selling girl scout cookies. activism on behalf of a cause does a periodical. I have gotten four ver- But under this amendment if they are something very serious to our form of sions of it. I understand that. I am a profit-seeking corporation seeking a self-government and our sense of civil holding all four versions. profit, which profit-seeking corpora- liberties. It puts citizens at risk of los- First, it said earlier today it would tions are wont to do, they do not get ing everything they have if they sup- only apply if the defendant was not pri- the benefit of this. port a cause that happens to not be marily engaged in a profit-seeking pur- Mr. SHADEGG. Again, Mr. Chairman, popular in the eyes of some court. It pose. Then we got profit-seeking pur- if the gentleman will continue to yield, frightens citizens against the kind of pose or committed bodily injury. Then I want to try to make this clear. It civil activism that has been a hallmark we got, we struck bodily injury, and we does not matter whether the entity is a of our democracy. It undercuts the got criminal offense. Then we got a profit-making entity or a nonprofit- very foundations of our government by conforming amendment. making entity. If a profit-making en- the people. I do not criticize the drafters. They tity is not engaged in a profit-making This amendment has no effect on the are doing a very good job, but this is a activity, they are engaged in a chari- prosecution of criminals. It affects work in progress. We have gotten four table activity. H2286 CONGRESSIONAL RECORD — HOUSE April 23, 1998 Mr. FRANK of Massachusetts. Mr. Mr. HYDE. Mr. Chairman, I want to Whole? If not, the question is on the Chairman, I understand that. Reclaim- suggest to the gentleman from Okla- amendment. ing my time, the gentleman is limited homa (Mr. COBURN) that he has per- The amendment was agreed to. in the amount of time he can state the formed a signal service by bringing this The bill was ordered to be engrossed obvious. Yes, if you are a profit-mak- matter to our attention. Yes, it is in and read a third time, was read the ing corporation and you are going the wake of a jury verdict and a court third time, and passed, and a motion to about the business of trying to make a case that happened in Chicago, but he reconsider was laid on the table. profit, this amendment does not pro- is highlighting a problem this Congress f tect you. You could be subject to RICO. has wrestled with for years; namely, GENERAL LEAVE I agree. trying to make some sense out of the If General Motors was accused of try- RICO statute. Mr. CANADY of Florida. Mr. Speak- ing to sell girl scout cookies in a rack- There are abuses where it is applied er, I ask unanimous consent that all eteering way, you have come to their where it was never intended to be ap- Members may have 5 legislative days defense. But if someone said, corpora- plied. That is recognized by the gen- to revise and extend their remarks on tion X is guilty of racketeering in its tleman from Massachusetts (Mr. H.R. 1252. The SPEAKER pro tempore. Is there profit-making corporate entity, they FRANK) and the gentleman from Michi- objection to the request of the gen- are not protected. I do not think that gan (Mr. CONYERS) and conservatives tleman from Florida? ought to be the case. I do think there on this side. We need to look at RICO. There was no objection. have been abuses of RICO, but against And so if the gentleman is generous f profit-making entities trying to make enough, and he has been, to withdraw a profit. Indeed, if you look at the pat- his amendment, I pledge the Commit- AUTHORIZING THE CLERK TO tern of RICO, it is more often used by tee on the Judiciary will take a hard MAKE CORRECTIONS IN EN- one civil plaintiff against a civil de- look at revising the RICO statute, hold GROSSMENT OF H.R. 1252, JUDI- fendant and a profit-making corpora- hearings, working in a bipartisan way CIAL REFORM ACT OF 1998 tion. with the minority, and try to come up Mr. CANADY of Florida. Mr. Speak- I do not know what play they are with a bill that does something sub- er, I ask unanimous consent that in the going to call in the huddle, but we may stantive and correct what we all agree engrossment of the bill, H.R. 1252, the be about to see version five. I have four is an egregious flaw. Clerk be authorized to correct section versions and seven people working on Mr. COBURN. Mr. Chairman, I thank numbers, punctuation and cross ref- amendment 5. the gentleman. erences, and to make such other tech- Let us go to a hearing. Let us go to Mr. FRANK of Massachusetts. Mr. nical and conforming changes as may a markup. I do not think we should Chairman, if the gentleman will con- be necessary to reflect the actions of have the markup right here. It is not tinue to yield, we may wind up invok- the House in amending the bill, H.R. polite. I think we ought to do this in ing that great quote from Edward G. 1252. the regular order. But this amendment Robinson in the civil situation, ‘‘is this The SPEAKER pro tempore. Is there says, if you are engaging in profit-mak- the end of RICO?’’ objection to the request of the gen- ing activity, and you have a profit- Mr. HYDE. That is from Little Cae- tleman from Florida? making purpose, you get no benefit. sar, and I remember it well. The gen- There was no objection. You are covered by RICO. tleman and I are the only two. f RICO says you cannot get together Mr. COBURN. Mr. Chairman, I ask for racketeering purposes. I would not unanimous consent that the amend- APPOINTMENT OF CONFEREES ON suggest that that is what is going on ment be withdrawn. H.R. 3579, 1998 EMERGENCY SUP- over there, Mr. Chairman. What they The CHAIRMAN pro tempore. Is PLEMENTAL APPROPRIATIONS are trying to do is what we should do in there objection to the request of the ACT the regular legislative process. Let us gentleman from Oklahoma? Mr. LIVINGSTON. Mr. Speaker, I ask have a hearing and do this in a sensible There was no objection. unanimous consent to take from the way. The CHAIRMAN pro tempore. Are Speaker’s table the bill (H.R. 3579) Mr. COBURN. Mr. Chairman, I ask there further amendments to the bill? making emergency supplemental ap- unanimous consent to strike the last If not, the question is on the commit- propriations for the fiscal year ending word. tee amendment in the nature of a sub- September 30, 1998, and for other pur- The CHAIRMAN pro tempore (Mr. stitute, as modified. poses, with a Senate amendment there- ROGERS). Is there objection to the re- The amendment in the committee to, disagree to the Senate amendment, quest of the gentleman from Okla- nature of a substitute, as modified, was and agree to the conference asked by homa? agreed to. the Senate. There was no objection. The CHAIRMAN pro tempore. Under The SPEAKER pro tempore. Is there Mr. COBURN. Mr. Chairman, I recog- the rule, the Committee rises. objection to the request of the gen- nize the pertinent comments of the Accordingly, the Committee rose; tleman from Louisiana? gentleman from Massachusetts, and and the Speaker pro tempore (Mr. There was no objection. would say that many of his comment SNOWBARGER) having assumed the MOTION TO INSTRUCT OFFERED BY MR. OBEY. are accurate, and that given his com- Chair, Mr. ROGERS, Chairman pro tem- Mr. OBEY. Mr. Speaker, I offer a mo- ments being accurate, I ask unanimous pore of the Committee of the Whole tion to instruct. consent to withdraw the amendment. House on the State of the Union, re- The Clerk read as follows: Mr. FRANK of Massachusetts. Mr. ported that that Committee, having Mr. OBEY moves that the managers on the Chairman, will the gentleman yield? had under consideration the bill (H.R. part of the House at the conference on the Mr. COBURN. I yield to the gen- 1252) to modify the procedures of the disagreeing votes of the two Houses on the tleman from Massachusetts. Federal courts in certain matters, and bill H.R. 3579, making emergency supple- Mr. FRANK of Massachusetts. Mr. for other purposes, pursuant to House mental appropriations for the fiscal year ending September 30, 1998, and for other pur- Chairman, I would look forward, as I Resolution 408, he reported the bill poses, be instructed, within the scope of the think many on our side would, and I back to the House with an amendment conference, to agree to funding for the Inter- know the ranking member would, we adopted by the Committee of the national Monetary Fund consistent with the would love to reexamine the RICO stat- Whole. terms, conditions, and provisions of H.R. ute across the board and deal with The SPEAKER pro tempore. Under 3114, as reported by the Committee on Bank- abuses, and on that basis I thank the the rule, the previous question is or- ing and Financial Services. gentleman and we will be cooperative. dered. The SPEAKER pro tempore. The gen- Mr. HYDE. Mr. Chairman, will the Is a separate vote demanded on any tleman from Wisconsin (Mr. OBEY) is gentleman yield? amendment to the committee amend- recognized for 30 minutes, and the gen- Mr. COBURN. I yield to the gen- ment in the nature of a substitute tleman from Louisiana (Mr. LIVING- tleman from Illinois. adopted by the Committee of the STON) is recognized for 30 minutes. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2287 Mr. SANDERS. Mr. Chairman, I won- economy at cut-rate prices because of the economic interest of the United der if the gentleman from Louisiana is, currency disequilibrium; and those States and to defend the interest of in fact, in opposition to this IMF bail- sales and the accompanying trade defi- American workers; and I think the best out? cits are going to cost many American way to do that is to support this mo- Mr. LIVINGSTON. I am in opposition jobs and they are going to close many tion to recommit, and I would urge the to the motion. American factories. House to do so when the vote comes Mr. SANDERS. Mr. Speaker, I thank We are being told that, in spite of later this evening. the gentleman. that threat, we should not act upon it Mr. Speaker, I reserve the balance of b 1745 because, somehow, an element of the my time. majority party caucus still wants to GENERAL LEAVE Mr. OBEY. Mr. Speaker, I yield my- use this IMF crisis as leverage in order Mr. LIVINGSTON. Mr. Speaker, I ask self 8 minutes. to push their advantage on a totally unanimous consent that all Members Mr. Speaker, I am in a curious posi- unrelated issue involving family plan- may have 5 legislative days within tion here today. I am offering a motion ning policy known as the Mexico City which to revise and extend their re- to instruct to the conferees to defend policy. marks on H.R. 3579, and that I may in- what would have been considered a And so, the American business com- clude tabular and extraneous material. core Republican value when I first munity is being told that they should The SPEAKER pro tempore. Is there came to this body. wait for another day to have this prob- objection to the request of the gen- When I came to this body, the Repub- lem addressed. I do not think we can tleman from Louisiana? lican Party was a very strong inter- afford to wait for another day. At any There was no objection. nationalist party, and it recognized moment, the act of some speculator, Mr. LIVINGSTON. Mr. Speaker, I that the best way to defend our own the run on country’s currency could yield myself 4 minutes. economic interests was to make cer- cause a further unraveling of the situa- (Mr. LIVINGSTON asked and was tain that our economy was operating tion in Asia, which would present us given permission to revise and extend in a world which was as stable as pos- with even bigger economic problems. his remarks.) sible. We are being asked to appoint At any time, we could have a currency Mr. LIVINGSTON. Mr. Speaker, re- conferees tonight on a bill which is crisis in the Ukraine, in Brazil, in Rus- gardless of one’s position on the IMF, supposed to contain not only supple- sia, in India, in Turkey; and, without one should understand that this is sim- mental appropriations for Bosnia and IMF replenishment, we would not be ply a motion to instruct the conferees for Iraq and for flood victim relief, it is ready to defend the economic interest to adopt the position that has not been also supposed to contain, at least the of the United States. debated on the floor of this House. It administration asked us to include in My motion would simply instruct the seems to me that if we are going to in- this proposition, full funding for the House conferees to agree to the admin- struct the conferees to do anything, we IMF replenishment and funding, as istration’s request for funding of the are on solid ground if we are instruct- well, for the United Nations arrearages International Monetary Fund under ing them to deal with issues that have so that we can eliminate our debt sta- the terms and conditions approved by been debated and sent forward. tus in that organization. the House Banking Committee. That But the fact is the IMF is an issue I have a motion here tonight which Banking Committee bill was approved that will be debated at some later date would instruct the conferees to at least on March 5 with the overwhelming bi- on the floor of this House. It has not accept, as an add-on to the bill passed partisan vote of 40–89, with the support yet been debated, and forcing the con- by this House, to accept our obligation of virtually all of the Democrats on the ferees to support this provision dealing to fully fund the administration re- Committee and the votes of two-thirds with the IMF simply because the Sen- quest for the IMF. of the Republicans on the committee. ate has dealt with it and the House has I am not doing that because it will And that bill was endorsed by the ad- not is ill-advised. help American business, although it ministration. Moreover, reading the motion to in- certainly will. I am not doing that be- That bill sets tough new labor rights struct, it says that we should support cause I care about what is going to and environmental conditions on IMF the terms, conditions and provisions of happen in Asian countries around the lending, as well as new requirements H.R. 3114, the bill reported by the Com- world. I care, but that is not the reason for increased accountability and trans- mittee on Banking and Financial Serv- I am offering the motion. I am offering parency at the IMF. It sets up a watch- ices. That bill differs substantially this motion because we need to be dog group, including representatives from the IMF provisions contained in aware of the fact that what happens in from labor and NGO groups, to review our Non-Emergency Supplemental bill. our economies around the world can the implementation of labor rights and It may never get to the House. We do have a crushing effect on American other criteria. And it does a number of not know what is in that bill, and to workers and a hugely negative effect other things. force the conferees to support all of the on the American economy. I do not think that we can afford to terms and conditions of what I believe We have seen what has happened in wait, and I do not especially think it is is about a 60-page bill and incorporate Asia when that region has continued to a good idea to allow us to go to the it I think is extremely ill-advised. engage in fiscally ludicrous acts. We Senate and have only the Senate lan- The House Committee on Appropria- have seen Japan for years follow an guage on the table, language which was tions and the leadership of this House economic policy which has led to a much more favorable to the adminis- decided on a two-bill strategy. The bill huge over-building in many areas in tration, frankly, but language which I which the House passed that will be be- Asia instead of having led to a growth do not believe adequately defends the fore a conference provides for emer- in Japanese consumption. And we have interest of American workers. gency appropriations for Bosnian seen speculative activities, as well, in That is why I would simply say to peacekeeping disaster relief, and other Asia. And, as a result, a few months those of my colleagues who have told military assistance. ago we saw a huge collapse of Asian their workers or their businesses or In fact, if we do not address this mili- currencies. their farmers that they are going to be tary assistance by May 1, we under- I do not worry about that because of defending the economic interest of stand from the Secretary of Defense what it means to Asia. I worry about American workers, I think this is the that he might give notice of furloughs that because of what it means to us. time and this is the vote. This is not a for people all within the Defense De- Because what it means is that, as a re- partisan issue. It certainly should not partment. So there is an emergency sult of those devalued currencies, we be a partisan issue. It has become with respect to defense appropriations. have got every cargo ship known to wrapped up in partisan hostage poli- And, obviously, we know from all the man being loaded with artificially low- tics, unfortunately, but it should not other disasters that have occurred priced foreign goods who are on their be so. around this country we need to provide way to the American economy and We are here tonight to answer the additional assistance to people. We are they are soon going to be sold in this question whether or not we will defend trying to give them that relief and not H2288 CONGRESSIONAL RECORD — HOUSE April 23, 1998 get embroiled in a heavy discussion on pitfall debates that I think are not al- me, we are talking about an organiza- IMF or any other extraneous issues. together central to the IMF issue. tion whose employees receive reim- The second bill, which has not come So here let me just take a brief mo- bursement for their income taxes. before the House, is a non-emergency ment to talk about the IMF. The IMF, When their children want to go to bill that includes $17.9 billion for the historically, was established in theory private schools, that education is fi- International Monetary Fund. That before the end of World War II and, in nanced; and we will continue to finance bill has passed the Committee. I sent a fact, right after the war to deal with that if we vote another $18 billion to letter to the Committee on Rules ask- the causes of war, the causes of depres- the IMF. When their children want to ing for an open rule for consideration sion. go to a private university or college, of that bill, and I requested the leader- b 1800 the IMF will pay their full cost of edu- ship to schedule that legislation as cation, tuition, books. The rationale for the creation of the soon as possible. We are asking the U.S. taxpayers in IMF is very much alive today and is Some people say that that second bill this funding request to reimburse the symbolized in a circumstance in a part will never see the light of day. They employees of the IMF for income taxes, of the world that has fought three wars are wrong. The fact is that many other for private school costs, for tuition, in the last 60 years. items in the second bill absolutely It is in the interest of the United and not only that, but for salaries must pass. They have to pass. Things States of America to stabilize the eco- higher than those paid by the U.S. Gov- like the veterans compensation and nomic turmoil in Asia. It is in the in- ernment. pension benefits. Believe me, Mr. terest of the United States economy to We might say, well, is it worth it? Speaker, there is going to be a second stabilize the circumstance in Asia and What will the IMF do with our money? bill. ensure that it does not widen and deep- We have been told they are going to There is going to be a second bill, and en in terms of a gulf of economic reces- bail out Asia, but that is not true. we should not prejudge the outcome of sion spreading from one region of the They have already funded the bailouts that bill by instructing conferees to world to another. of Asia. weigh the consequences of that bill be- The word bailout is sometimes ap- They have $80 billion in reserve. They fore we even have a chance to debate plied to the IMF. Actually, it is any- have $40 billion in gold reserve. Indo- the contents on the floor of the House. thing but. It is a lending, not aid- nesia, who they loan money to, has $16 We are going to have a full and fair dis- granting institution. It is an institu- billion in reserves. What are they going cussion of those issues at a later date tion to which the United States prof- to do? They are going to expand their on the floor of the House. We should fers resources which amount to less role and continue to give loans to for- not prejudge them by putting them than 20 percent of the total resources eign countries at 4.5 percent interest prematurely into the conference. They of the institution but resources which when the going market rate is 10 to 14 are totally unrelated to emergency ap- we have to call on on a very, very short percent. propriations, and the emergency bill notice, an institution that has almost I will tell my colleagues there is needs to move forward so we can meet $40 billion in gold reserves. going to be an infinite supply of those the needs of the disaster-afflicted peo- In a way, one might argue the IMF is lined up to get money subsidized by the ple throughout the country and the the cheapest conceivable stabilizing in- U.S. taxpayer. military, which has to replenish the stitution in the world today. Rather Mr. OBEY. Mr. Speaker, I yield 2 monies that they have expended in Iraq than relying on the United States tax- minutes to the distinguished gen- and in Bosnia. payer alone and ways it could cause tleman from California (Mr. DOOLEY). So I urge Members to defeat this mo- enormous liabilities of the United (Mr. DOOLEY of California asked and tion to instruct. It is on the wrong bill. States, we are drawing on over 80 per- was given permission to revise and ex- It will have a full and adequate debate cent of the resources from others in tend his remarks.) but not on a motion to instruct. We ways using an institution that has a Mr. DOOLEY of California. Mr. need to get the disaster bill triple-A rating. Speaker, I rise in strong support of this conferenced and on its way to the Finally, with regard to timing, I motion. Clearly, the United States has President for his signature. would also simply add that the longer a vested interest in the funding of the Our troops in Bosnia and Iraq will we delay, the greater the likelihood International Monetary Fund. We have get the money they need to do their that this problem deepens and widens. an interest because we can protect job, nobody in the Defense Department Delay is on the side of instability. jobs, we can protect the economic in- will be furloughed, and our citizens and Firm, direct, straightforward, prompt terest of the companies which are ex- the victims of the disasters will get the American action is on the side of sta- porting so much product to Asia. money that they deserve. bility. When we look at my home State of Mr. Speaker, I reserve the balance of For the sake of stability and for the California, nearly 30 percent of our ex- my time. sake of the United States economy, for porting is going to Asia. It is clearly in Mr. OBEY. Mr. Speaker, I yield 3 the sake of United States’ leadership in our interest to restore confidence in minutes to the gentleman from Iowa international affairs today, I would that market, to provide greater finan- (Mr. LEACH), the distinguished chair- urge that, as awkward as this type of cial certainty for our businesses which man of the Committee on Banking and resolution is, that it be supported. are exporting critical products. Financial Services. Mr. Speaker, I thank the gentleman It is also in the interest of the United Mr. LEACH. Mr. Speaker, I thank the for yielding me this time. States to provide IMF funding because gentleman for yielding. Mr. LIVINGSTON. Mr. Speaker, I it provides for greater international se- First, let me acknowledge part of yield 2 minutes to the very distin- curity. When we look at the potential what my distinguished colleague and guished gentleman from Alabama (Mr. consequences of a weakened South good friend, the gentleman from Lou- BACHUS). Korea, with their inability to deal re- isiana (Mr. LIVINGSTON), said. This is Mr. BACHUS. Mr. Speaker, in ad- sponsibly with their financial crisis, we not a perfect process, and I do not dressing this issue, I think we ought to are on the verge of inviting potential think that. I want to say to my distin- first ask ourselves who is the IMF. conflict with North Korea, looking at guished friend that I appreciate very Well, the IMF functions like a private perhaps a weakened neighbor to the much the thoughtful attention his club. Its minutes are secret. They are south. committee has given to this issue, and never released to the public. Its votes Failure also to provide funding could I am very much in his debt. are not a matter of public record. The further undermine the fragile investor Having said that, I am hard-pressed people who work for the IMF do not confidence in the region and set off an- not to support a product that comes pay income taxes; or, actually, they other round of global economic insecu- from my committee, not only a prod- pay income taxes, but then the IMF re- rity. If we do not arrest the financial uct that comes from my committee but imburses them for those income taxes. crisis in Asia, we are inviting this to a product that has been caught up in We are talking about funding the expand to other parts of the world, be some very unusual political kinds of IMF and funding its operation. Hear it Russia, be it Latin America, which April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2289 would further undermine the economic issue confronting the Congress in the Fourthly, does the IMF need this interest of the United States. year 1998. If we do not pass it, I believe money today? No, they do not. Nobody Rejecting the IMF funding also we would be defaulting on our global believes they do. The IMF has $45 bil- threatens the leadership the United economic leadership. It is unthinkable lion now in liquid resources, a $25 bil- States is providing in the world, the for us not to pass it. We must partici- lion credit line and $37,000 in gold re- leadership that we are providing in pate within the IMF. serves. terms of providing economic stability We must also participate in the legis- Mr. OBEY. Mr. Speaker, I yield 2 as well as military stability. lative arena in a manner that will en- minutes to a well-known reactionary, Clearly, this motion to instruct the able us to obtain a majority of votes. the gentleman from Massachusetts conferees will ensure that this Con- That means we have to proceed colle- (Mr. FRANK). gress will be able to act in an expedited gially. We proceeded collegially within Mr. FRANK of Massachusetts. Mr. fashion to ensure that our interest will the House Committee on Banking and Speaker, I am impressed by the gentle- be protected. Financial Services. We proceeded in a man’s renewal of the Louisiana/Ver- Mr. LIVINGSTON. Mr. Speaker, I way that was able to bring about a sig- mont alliance. Not since the war of 1812 yield 2 minutes to the distinguished nificant majority of Republicans and has it been so vigorous, but I think it gentleman from New Jersey (Mr. Democrats so that we were able to re- is wrong this time. SAXTON). port the bill out by a vote of 40 to 9. The gentleman from Vermont talked Mr. SAXTON. Mr. Speaker, if I We recognize, of course, that there is about the Asian bailout as if it was all thought that the $18 billion which is significant criticism of the IMF and, about Chase Manhattan Bank. I happen being asked for would provide a benefit therefore, we adopted amendments in a to thank that Kim Tae-chung, the to the people of this country and to the collegial, bipartisan manner to in- President of South Korea, is one of the people of Asia, I would be the first one struct the administration in the ways great, small d, democratic heroes of out front voting for it. to reform the IMF. Those amendments our era. I will guarantee to my col- The fact of the matter is that the are essential to obtain passage and to leagues that, if asked, he would express Joint Economic Committee and others accomplish mutually desired goals. his appreciation for the role of the have been studying this issue since last Support the motion to instruct. IMF. summer, since this request came in, Mr. LIVINGSTON. Mr. Speaker, I This is a very courageous democrat, and that is simply not true. It is not yield 2 minutes to the distinguished a man who risked his life for democ- true for a number of reasons. gentleman from Vermont (Mr. SAND- racy. He was elected president. He is The gentleman from Alabama (Mr. ERS). working with the unions. He is working Mr. SANDERS. Mr. Speaker, I thank BACHUS) talked about the secret club to try and help his country. The IMF is the gentleman for yielding. that surrounds the IMF. We cannot very important to him. I rise proudly as a progressive, as an find out what they do, why they do it, We have a thug like Soeharto, and we internationalist, as somebody who is are working to try and change IMF the results of the studies on what they pro-choice, and someone who has a 100 policies there. That is why this par- have done, any of that. That is all se- percent lifetime labor voting record in ticular amendment is such a good one. cret. the House of Representatives and have People have said, well, we should Secondly, and more importantly, the worked for labor and working people have debated this. Fine by me, but I average loan rate is 4.7 percent. for his whole adult life. Let me ask you a question, Mr. I rise in strong opposition to the mo- have not been in control of the com- Speaker. If you were a businessman tion brought forth by my good friend, mittee that kept it off the floor. We and the IMF came along and said, if the gentleman from Wisconsin (Mr. had a long debate and hearing in the Committee on Banking and Financial you make risky investments, which the OBEY). foreign countries and institutions did, Let us be clear what we are talking Services. This should have been on the and you fail, which they did, I will give about here. We are talking about an $18 floor before. We cannot keep it off the you a loan of 4.5 percent, how would billion replenishment of the IMF, a 45 floor and then claim the benefit of it that make your decision making, un- percent increase in our contribution to having been kept off the floor. We can- derstanding that we have two criteria the IMF. not shoot our parent and plead we are in making investments, one is to make Please understand the Asian bailout an orphan and ask for mercy. The peo- a profit and the other is how much risk is over. The $19 billion that we have al- ple who controlled the House decided we have to involve when we do it? ready given to the Chase Manhattan to keep it off the floor. That is why we Obviously, a low interest rate bailout Bank and the BankAmerica and to are dealing with it now. loan on a policy of the organization Citibank for their losses, and they It has been talked about a great deal. that does it on a global basis is going came here for corporate welfare, and This is a version of it that reflects the to have a deleterious, negative effect we gave it to them, that is gone. That importance of it to places like South on the kinds of investment decisions is over. What we are talking about is Korea and to Thailand which are try- that are made. new money for a new mission and for ing hard to make improvements. It re- Besides that, Mr. Speaker, I think an expansion of the function of the flects the need for labor standards. We there is another issue that needs to be IMF. That is point number one. explicitly here, by the way, included discussed, and that is simply this: The Point number two, I believe it was strong protections for the agricultural IMF promotes higher taxes. The IMF last year that many people took to the sector of our economy. The bill was ex- promotes monetary instability. And floor of this House and they said, Mr. plicitly amended to recognize that. here we are being asked today, after we Speaker, you are wrong for combining This is not a perfect world. It is not have not even had a debate on this disaster relief with other matters. I a perfect institution or a perfect bill. It House floor, to vote $18 billion of said so. is as good an effort as we were able col- American taxpayers’ money that pro- How could we come back today and legially to put together, working with motes, through an organization that say the IMF is a disaster? It is not. agriculture and labor and others, to promotes higher taxes, that promotes People all over this country want to provide more funds. It is true, it is not monetary instability. That has a dele- deal with the ice storm in the North- absolutely necessary now, but I will terious effect on foreign economy that east, tornados, hurricanes. That is not tell my colleagues this: If, in fact, we is not a positive one. an issue that the IMF should be com- know that the House is never going to I vote no, and I hope everyone else bined with. vote for the IMF, then maybe we ought will here today. Thirdly, no matter what our point of to buy some Korean and Thai currency Mr. OBEY. Mr. Speaker, I yield 1 view may be on the IMF, this issue and sell it short. Because it is going to minute to the gentleman from New needs serious debate. It should not be have a negative effect if we walk away York (Mr. LAFALCE). brought here all of a sudden for a one- from this on decent, struggling govern- Mr. LAFALCE. Mr. Speaker, I really hour debate. It deserves many hours, ments from South Korea and Thailand think that passage of the IMF legisla- and it deserves some ample warning that deserve some support. It is also in tion is the most important economic time so we can have serious discussion. our own self-interest to support them. H2290 CONGRESSIONAL RECORD — HOUSE April 23, 1998 b 1815 this bill, and it is included in the mo- If my colleagues want some inter- Mr. LIVINGSTON. Mr. Speaker, I tion to instruct, certain reforms that national bureaucrat to make that deci- yield 2 minutes to the distinguished are passed. We acknowledge the trans- sion instead of the elected Members of gentleman from California (Mr. parency and conditionality questions Congress, then we should pass this mo- CUNNINGHAM) a member of the Commit- related to IMF. Those reforms are here. tion. I think that there are some peo- tee on Appropriations. We will be requiring certain things of ple probably who may disagree with Mr. CUNNINGHAM. Mr. Speaker, I the countries that receive this aid. We me. The point is, we have not had a understand those that may want to will be putting more requirements on chance to study this issue, we have not support the IMF, but if we look, econo- IMF in terms of the transparency, we had a chance to debate this issue. We mists themselves are split whether the acknowledge that. But, my friends, are asked to come here at the end of a IMF does any good or not. And then this is about jobs here at home and work week, after a two-week hiatus, those that say even that they doubt also security abroad. and take up a very complex issue. And that we need it to bail out southeast The House Banking Bill contains strong lan- I think that the Members of this Con- Asia. But yet $18 billion. guage on Conditionally and making the IMF gress deserve more, the people of this As my colleagues know, this body more Accountable to Congress. Nation need more, and whatever Mem- has wrestled with emergency flood, The bill includes: bers think about the MAI or the IMF, emergency El Nino, emergency supple- Accountability. I think the American people the one thing that they should know is mental for defense, and yet we are hav- should know what the IMF is doing with the that we should be making this decision ing to try to offset it so we do not money they have. Not surprisingly previous after we study it and after we debate break the budget caps through domes- Congresses thought that an audit of IMF lend- it. tic spending. But yet we are going to ing activity was an important issue. The Na- Mr. OBEY. Mr. Speaker, I yield 1 give away $18 billion. Haiti, Somalia, tional Advisory CounselÐof which the Sec- minute to the distinguished gentle- Bosnia, $16 billion in operations that retary of the Treasury is the chairmanÐis re- woman from California (Ms. PELOSI). we get no credit for from the U.N., but quired to report annually by April 1 to the Con- Ms. PELOSI. Mr. Speaker, I thank yet there are those that want to give gress regarding IMF loans. I was shocked to the gentleman for yielding this time to money to the U.N. in support, $16 bil- find out that the most recent annual report me. This evening we had a special oppor- lion, $18 billion, $5 billion more for the filed by the Treasury covers 1992Ðand this tunity in this House of Representa- extension in Bosnia. was transmitted to Congress in December of tives, and that is to accept a motion to My colleagues, where does it stop? 1997! instruct for a resolution that has The American taxpayers have to pay The Banking bill will require the Secretary of strong bipartisan support in its com- for this. It is not our money. It is $18 Treasury to provide a semi-annual report to mittee of jurisdiction. Many others billion, not even million dollars, and the Congress certain IMF loans. have said it passed 40 to 9 with the sup- we are going to give it away, Mr. The report would be a GAO ``audit'' of IMF port of the Chair, the gentleman from Speaker. That is wrong. loansÐthe amount, term, interest rate, dis- Iowa (Mr. LEACH) and the ranking My colleagues rap on the Republicans bursement schedule, etc. In addition, the re- member, the gentleman from New York all the time for having to offset money. port will include information regarding trade (Mr. LAFALCE). We want to break the budget caps, we barriers in borrowing countries which may af- want to spend more money. Well, it is It has a framework to address many fect U.S. exporters as well as borrower coun- of the concerns our colleagues have easy to spend it but it is difficult to go try export promotion policies which may result to the taxpayers and ask them to pay about the IMF, and frankly that I in dumping of foreign goods in the United share, about the need for increased for it, and then even more difficult to States. And importantly, the Secretary of the say where are we going to take it out transparency, for conditionality that Treasury would be required to testify annually includes labor rights and environ- and still not break the budget caps? before the Congress on the contents of such Alan Greenspan said if we do, interest mental protections, and the moral haz- report. ard issue of do countries’ financial in- rates will go back up, the economy is Let there be no mistake, I support full fund- going to go to hell, and it just does not stitutions take risks unduly because ing of the IMFÐbut Congress needs to be in- they think there is an IMF bailout. work. formed and there needs to be accountability at But yet here they are asking us again This resolution, this provides the the Treasury Department. Being 5 years be- to spend, to spend, to spend, bigger framework to increase that, and all of hind in providing required reports is nothing government, higher taxes, spend those concerns are trumped by the con- short of outrageous and an insult to the legis- money. It is the same old rhetoric, and tagion clause. Contagion, that is the lative branch. It is for this reason that I will I do not support it, and I do not think spread of what will happen to the cur- sponsor an amendment today I urge my col- the American people do, Mr. Speaker. rencies in these countries, will have a Mr. OBEY. Mr. Speaker, I yield 1 leagues on the Banking Committee to join me terrible impact on workers in the minute to the distinguished gentle- in supporting the Treasury Audit and Account- United States. woman from New Jersey (Mrs. ROU- ability Amendment. Mr. Speaker, I want to make one Mr. LIVINGSTON. Mr. Speaker, I KEMA). point very, very clearly. This is not a (Mrs. ROUKEMA asked and was yield 1 minute to the gentleman from bailout, it is a loan. We get a credit, an given permission to revise and extend Pennsylvania (Mr. KLINK). asset for it. We are not bailing out, we her remarks.) Mr. KLINK. Mr. Speaker, I thank the are not giving money away. We are Mrs. ROUKEMA. Mr. Speaker, I want gentleman for yielding me time. honoring our commitment. Even the to stress again, when this bill passed Mr. Speaker, you are right, the staunchest critics of IMF say we need the committee it passed by a vote of 40 House should not consider IMF funding to do this replenishment now and then to 9. Two-thirds of the Republican just an hour before we all get on board proceed with the reforms. members of the committee voted in planes to head toward home. We should Mr. LIVINGSTON. Mr. Speaker, I favor of this bill. Now, why? Not be- have a full debate on this issue. yield 1 minute to the very distin- cause we are giving money to foreign- Let me just give my colleagues one guished gentleman from California ers, not because we are bailing out example of why we should be discussing (Mr. ROHRABACHER). banks, but because we are concerned this. The IMF is working on an amend- Mr. ROHRABACHER. Mr. Speaker, about jobs here at home. ment to its Articles of Agreement that we should be debating this. I should I speak from New Jersey, representa- would give the IMF the power to re- have more than 1 minute, and I am not tive of export-oriented States, and I quire all member countries to liberal- complaining to the gentleman from can see many around here who under- ize their laws regarding the flow of cap- Louisiana (Mr. LIVINGSTON). It is a stand the agricultural community and ital accounts. They would be the ulti- travesty to have this debate so that their dependence on this kind of trade mate enforcer of capital deregulation. DANA ROHRABACHER has 1 minute to ex- situation. That is why it passed with All member countries, including the press himself on this issue. And the an overwhelming majority. United States, would be told by the same with the rest of my colleagues. I also want to say, and this has not IMF what they could and could not do When are we going to stand up for our been stressed enough, that we have in regarding the flow of capital. own rights in this body? April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2291 Here we have the violation of the being asked to add $18 billion to our We all agree, however, that we should rights of our people to control their commitment. Which works out, inci- do our best to help Americans who destiny, taken away from them by $18 dentally, to over $150 for every single have suffered from natural disasters. billion and given to some crook or working taxpayer in America. Can my We also should all agree that our some nincompoop overseas who has ba- colleagues imagine calling them up and Armed Forces need the necessary funds sically driven their own financial insti- asking for the money and telling them to sustain them overseas. tutions into bankruptcy, and we can- we only have time to debate this for an Mr. Chairman, I just urge my col- not debate it for more than an hour. hour because it is not in the bill? We leagues to keep the process as simple This is ridiculous, and it is as ridicu- are adding it on the floor at the last as possible. Let us vote against this lous as the idea of bailing out the IMF minute. motion to instruct, and let us make in the first place. It has been pointed out here that the sure that the American people are I just returned from Asia. There are IMF needs some reform. We have got to taken care of first. alternatives in Asia to this bailout. exercise some leverage, even if we were Mr. OBEY. Mr. Speaker, I yield 1 And yet if we force our money over going to give $18 billion to the IMF, if minute to the distinguished gentleman there in this IMF bailout, it will under- we want those reforms. But if we sim- from Iowa (Mr. BOSWELL). cut the private efforts in that area to ply sign on at the last minute without (Mr. BOSWELL asked and was given bail out their own problems. And what any questions, there will not be any re- permission to revise and extend his re- do they do with this money, this $18 forms. marks.) billion and the other money going over This proposal hurts American agri- Mr. BOSWELL. Mr. Speaker, I thank to Asia? It is used to finance factories culture because the IMF, as is well the gentleman for yielding me time. that put out goods and services that known, is going to continue its policy Mr. Speaker, a few weeks ago, not put our own people out of work. of supporting devaluations which hurt too long ago, several of us met with It is immoral for us to give this our market for exports. This hurts U.S. Mr. Greenspan, Mr. Rubin, and Mr. money to foreigners after we have cut exporters. Without question, the IMF Glickman, and we had quite a good programs at home. We should not be causes as many problems as it creates. meeting. They agreed, and Rubin and bailing out the IMF, we should be bal- This deserves real debate, has not any- Greenspan do not always agree on ev- ancing our budget. And we should have thing to do with our El Nin˜ o storms, erything, but they agreed that day IMF a longer debate. which is what this bill is supposed to is very, very important to us. I think Mr. LIVINGSTON. Mr. Speaker, I be about. Keep it out. the question came from at least a half yield unfortunately just 1 minute to a dozen different approaches, and some b 1830 the gentleman from New York (Mr. of you may have been there, too. SOLOMON) my good friend, the very dis- Mr. OBEY. Mr. Speaker, I yield my- Is there risk in this? Mr. Greenspan tinguished chairman of the Committee self 30 seconds. said that we have never lost a dime on on Rules. Mr. Speaker, it ought to be under- this; that there is always hard collat- Mr. SOLOMON. Mr. Speaker, I say to stood that we are not limited in debate eral. They also said that it is their the gentleman if this were here under a today because of our choosing. We are opinion, the three of them, that the hit rule we would have several hours to de- limited in debate because we were de- on this, if the Asian economy does go bate this and not several minutes. nied the opportunity on the rule when down, would be on agriculture. As my colleagues know, in the other this bill was considered to have a full- In our State, 40 percent of our pro- body they are debating, my colleagues, fledged debate on the IMF. We asked duction is exported. That is important. the NATO expansion bill over there for for that opportunity. Every person who Forty percent. Then I remembered as I Poland, Hungary and the Czech Repub- voted against us on the rule has the re- reviewed the figures on the trade bal- lic, and we have asked them to beef up sponsibility for the fact that we are ance that it is up $26–$27 billion, but their military so that they can inter- limited only to one hour tonight. Do that agriculture is on the plus side. We operate and communicate with our not blame us for the problem which cannot afford to take that risk. military to defend each others’ bound- you yourself created. Now, if these people tell us that this aries. We are asking them to pay their Mr. LIVINGSTON. Mr. Speaker, I am is a line of credit, that they may not fair share. happy to yield 2 minutes to the gen- use it, but it ought to be there to save Here the IMF is already warning tleman from Texas (Mr. DELAY), the our economy, we ought to give it seri- these 3 countries they will not under- great whip of the majority party. ous thought. write economic development loans if Mr. DELAY. Mr. Speaker, I thank the Mr. Speaker, I support this. the countries start jacking up the mili- chairman for all his hard work, and I Mr. LIVINGSTON. Mr. Speaker, I am tary budgets. That could cost us $19 appreciate being yielded this time. pleased to yield 1 minute to the distin- billion over the next 15 years. What is Mr. Speaker, I rise in opposition to guished gentleman from Ohio (Mr. going wrong? the motion to instruct. The question KUCINICH). We should go slow on this, we should today, frankly, is not whether you sup- Mr. KUCINICH. Mr. Speaker, I am ask the IMF, the socialist French econ- port the IMF. We will answer that urging my colleagues to vote no on the omist who is in charge of it, to come question in due time. Instead, we have motion to instruct. Congress gives in- here and tell us why he is going against to ask whether this motion will speed structions to the IMF. There has been American foreign policy. We are foot- up disaster assistance to the American over 2,000 opportunities for the IMF to ing most of the bill; why do they not people, or slow that assistance down. listen to the concerns of the American listen to us? Clearly, if we pass this motion to in- people, and each time the people have This is going nowhere and we are struct conferees, we will complicate been ignored. As a matter of fact, the going to see to it. the process of getting needed assist- Executive Director of the IMF has only Mr. LIVINGSTON. Mr. Speaker, I ance to Americans who have faced dis- voted 12 of those 2,000 times. yield 1 minute to the distinguished asters in the last year. They have been ‘‘absent without gentleman from California (Mr. COX) When it comes to the IMF, many of leave’’ at the IMF. Over and over they the chairman of the Policy Committee us continue to have strongly held and have ignored the will of the people and of the Republican Conference. competing opinions. Why would one the will of the Congress. AWOL on Mr. COX of California. Mr. Speaker, I want to mix that kind of understand- labor rights, AWOL on environmental thank the gentleman for yielding this ing and confusion? rights, AWOL on human rights. time to me. Some believe that we should give So we are now going to tell this Con- I would like to focus our attention on more money to the IMF, no matter gress that they are going to guarantee precisely where we are. We are being what the consequences. Others of us be- labor and environmental rights? That asked to increase the United States’ lieve that the IMF is all too often not is baloney. Vote against the IMF, vote commitment to the International Mon- the solution, but rather the problem. against the motion to instruct, and etary Fund by 45 percent over the long- Still others have opinions that fall vote to stand up to this international standing level of U.S. support. We are somewhere in the middle. financial cartel, which is destructive of H2292 CONGRESSIONAL RECORD — HOUSE April 23, 1998 jobs and human rights all over this who thinks they can spend your money I regret having to support this proce- world. overseas with these countries.’’ dure, but in spite of my great respect Mr. OBEY. Mr. Speaker, I yield 1 ‘‘Why haven’t these countries taken for my chairman of the Committee on minute to the distinguished gentleman care of themselves?’’ This is Alice talk- Appropriations, the gentleman from from Minnesota (Mr. VENTO). ing about her and her two daughters, Louisiana (Mr. LIVINGSTON) and for his (Mr. VENTO asked and was given and she is talking also about John, his fairness, there is no way we can get permission to revise and extend his re- paying the bills. She is saying if I can this issue of funding for the IMF on the marks.) take care of my family, if I can take floor as a clean debate, where we vote Mr. VENTO. Mr. Speaker, I rise in care of my bills, why can’t Indonesia, up or down on IMF funding, without support of the Obey motion to instruct. South Korea and these others take care unrelated issues that constitute legis- The fact is that the money is already of theirs? in the Senate bill. The question is, are lating on appropriations bills, which is ‘‘The bottom line, there is a little against our rules, but has been allowed we going to give them any guidance, group in Washington that thinks we in regard to this issue. any further guidance, on how to use it? need to tax you higher so we can pay So the IMF wants what every bu- the IMF.’’ Mr. Speaker, I strongly support IMF reaucracy wants, all the money and all Vote against this motion. funding. It is definitely jobs in my dis- the flexibility they can get. We are Mr. Speaker. I rise in strong opposition to trict. This House bailed out the S&L’s limiting them. The fact is there is an the Motion to Instruct Conferees to provide full because we knew we had to minimize urgency to the passage of this money. funding to the fiscally unsound International the damage, so we need to involve our- There are 62 nations out of 183 that Monetary Fund and to provide to the fiscally ir- selves in this loan program to contain have loans, 183 Members of the IMF responsible United Nations with alleged ar- the Asian problem. that have loans. It is obvious with the rearages owed by our nation. Mr. LIVINGSTON. Mr. Speaker, I recessions or lack of growth in the Eu- This Motion to instruct is being offered yield 1 minute to the gentleman from ropean and Asian marketplaces that under the guise of an Emergency Supple- Texas (Mr. PAUL). that does constitute the opportunity mental Appropriation. for our markets in terms of trade. Let me be clear. The International Monetary (Mr. PAUL asked and was given per- This is a fight really about those of Fund is not currently suffering an emergency. mission to revise and extend his re- us that are really wanting to have a The money that has been pledged by the IMF marks.) free market and free trade to occur. We to Indonesia, Thailand, and South Korea to Mr. PAUL. Mr. Speaker, I rise in have a battle going on right now in combat their fiscal crisis is already provided. strong objection to this motion. This terms of those markets. If the Amer- Let me reiterate that point. By denying this should be a very easy vote for all of us; ican model and the model of free mar- Motion to Instruct and by denying any IMF we should all vote no. They already kets does not work, and it is going to money as part of a Supplemental Appropria- have $35 billion of our money. They tion we will not harm the ongoing financial fail, we have to have mechanisms in want $18 billion more. That is $53 bil- bailout of these Asian nations. place that can prevent it from going lion. down to ground zero. That is what the The IMF and its proponents scream that IMF does. they cannot handle a crisis and that the IMF Think about it. Some of you would All of us admit the IMF is not per- immediately needs $18 billion from the Amer- like to spend that on the military, on fect, but what other tool do you have ican taxpayer. How ludicrous. national defense. That would not be to go to? If you are in the middle of the Since the financial crisis started in Asia in too bad an idea. Others might want to ocean facing a storm, I do not think the Summer of 1997, there has been no other spend it on domestic welfare programs. the idea to jump overboard and start financial crisis that required the assistance of This would be a better idea than bail- swimming is a good one. That is what the IMF. In fact, the economic situation has ing out rich bankers and foreign gov- the Members of this Congress are pro- settled down in East Asia and there is the be- ernments. Besides, there are some of us posing to do. ginnings of an economic recovery. who would like to give the $53 billion Mr. LIVINGSTON. Mr. Speaker, I The IMF has, right now, more than $75 bil- back to the American people and lower yield 1 minute to the distinguished lion to combat financial crises. The IMF has their taxes. But to give them another gentleman from Florida (Mr. STEARNS). an estimated $50 billion in reserve right now $18 billion does not make any sense. in addition to $25 billion in an emergency ac- (Mr. STEARNS asked and was given Then to come to us and say it will count. On top of all that, the IMF will receive permission to revise and extend his re- not cost the taxpayers any money is marks.) $28 billion in loan payments from other bor- absurd. Why do they come here and try Mr. STEARNS. Mr. Speaker, I thank rowing nations to the IMF by the end of the the distinguished Chairman of the Year 2000. to sneak through this appropriation Committee on Appropriations for With all that said, by the end of 2000, the with a parliamentary trick, if it is not yielding me this time. IMF will have over $100 billion in reserve for going to cost the taxpayers any Mr. Speaker, I rise in strong opposi- their uses. Plus, these Asian nations will be money? Certainly it is going to cost tion to the motion to instruct con- paying back the $120 billion that they have the taxpayers money. It adds to the na- ferees to provide funding to the fiscally borrowed from the IMF in the last few months. tional debt, and we have to pay inter- unsound IMF. Is a $200 billion IMF reserve fund not est on the national debt. This is a cost. Mr. Speaker, for a moment let us enough? This attempt to increase the IMF Now, the Director of the IMF had an consider a conversation down in my quota is not to deal with any emergencies, but interesting proposal. He said this will district with Alice and John Moore. If is a naked attempt to expand bureaucracy and not cost us anything because it is com- Bob Newhart could do this, he could do the scope of the IMF. ing out of the Central Bank. a much better job than I am going to The IMF wants to play a dominant role in Mr. OBEY. Mr. Speaker, I yield 2 do. the world's economic policies, not simply aid I knock on the door and I say, nations in distress. The IMF has even tried to minutes to the distinguished gen- ‘‘Hello, Alice and John. I am your Con- tell the United States what its economic poli- tleman from Texas (Mr. STENHOLM). gressman. Tonight I am going to vote cies ought to be. (Mr. STENHOLM asked and was to fund the IMF.’’ The IMF is so arrogant that they still refuse given permission to revise and extend They say, ‘‘What is the IMF?’’ to give Congress documents that we have re- his remarks.) I say, ‘‘This is an international fund, quested over and over again that will give us Mr. STENHOLM. Mr. Speaker, these not from the United States, that is more detail about how poor the IMF's policies elite groups that we heard talked about going to take your tax dollars and give are. a moment ago that are sneaking this it to Indonesia, South Korea, Thailand I urge my colleagues to soundly defeat this through include the American Farm and others to help bail them out.’’ Motion. They say, ‘‘Mr. Stearns, you are my Mr. OBEY. Mr. Speaker, I yield 30 Bureau Federation, Dairy Farmers of Congressman. Why are you doing seconds to the gentlewoman from Con- America, National Cattlemen’s Beef Association and, U.S. Wheat Associ- this?’’ necticut (Mrs. JOHNSON). ‘‘Well, let me tell you, there is an Mrs. JOHNSON of Connecticut. Mr. ates. elite group in Congress, in the Senate, Speaker, in my 30 seconds, let me say To all of these who have suggested particularly down at the White House, I rise in strong support of this motion. that we are spending taxpayer money, April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2293 you are not reading the facts. You Leave this bill alone. We were elected more catastrophe will come.’’ Many know better than to stand here in the to the Congress of the United States, fine scholars believe that the catas- well and tell our colleagues who are not to the Council of the United Na- trophe we have called the Asian flu not here that we are going to be appro- tions. If the International Monetary was, in fact, created by the IMF. priating this money, when we have not Fund is worthy, the International Mon- b 1845 appropriated one penny in the history etary Fund should stand on its own of the IMF. merit, not on the backs of American There is an old adage in economics, Why are we here for the IMF? Be- victims of great disasters which brings Mr. Speaker: When the government as- cause it is in America’s best interests. us to the floor about this bill. sumes the risk, nobody assumes the It has been ever since we have had the This is about emergency aid for risk. If we have an agency out there IMF, and it is today. American families, for victims of great with taxpayers’ dollars, that sends a To those who want the reforms, I disasters. Leave the bill alone. If you message out, Mr. and Mrs. Inter- agree with you on that. And let us look want to do something about the IMF, national Investor, irrespective of the at the Wall Street Journal of April 10. bring it up; let it stand on its own mer- denominations in which you will make ‘‘IMF moves are expected to force open its. risky, careless decisions, do not worry markets.’’ We are doing all of the Quite frankly, I think we are too about it. We will be there with a bail- things that critics who usually we international around here, and we out, decisions made in countries that agree on are saying we need to do, but should be taking care of the Midwest a practice the worst kinds of failed crony the only way we can get it done is to hell of a lot more than we take care of capitalism. No, we need to study this bring this bill and have this action these countries overseas. issue. We need to understand this. done. Mr. OBEY. Mr. Speaker, I yield 30 I understand that there are indus- If we had not had this in place, we seconds to the distinguished gentleman tries and sectors of the American econ- could not have had GSM–102 funding from Michigan (Mr. LEVIN). omy that feel they themselves are at for agriculture that has been very suc- (Mr. LEVIN asked and was given per- risk. But will they, in fact, not put cessful in building up markets. mission to revise and extend his re- their own industries, agriculture, even, Mr. STEARNS. Mr. Speaker, will the marks.) at worse risk if, in fact, the IMF is in- gentleman yield? Mr. LEVIN. Mr. Speaker, this bill deed the perpetrator and not the savior Mr. STENHOLM. I yield to the gen- does not spend $18 billion, it will not in international crises? We need to un- tleman from Florida. cost $150 to the taxpayers. What will derstand this. They need to come Mr. STEARNS. Mr. Speaker, does the cost the American taxpayer is chaos in clean. gentleman think money grows on Asia. The IMF has made mistakes, but They need to be willing to tell us who trees? Where does the IMF get the more often than not, it led to liberal- they are, how they do business, how de- money, if Congress does not give it to ization of trade. Look at Poland, Esto- cisions are made, by what criteria, on them? Why are we voting on this to- nia, Uganda and Egypt. what empirical data, and through what night, if the gentleman does not think Globalization is changing. For the historical precedents they base their we are going to appropriate? Could the first time, we have a bill that says an judgments. They have a failed track gentleman explain that? international institution has to pay at- record. They are not a good bet. Mr. STENHOLM. Mr. Speaker, re- tention to labor market conditions and If I were to take $18 of my own claiming my time, these are loan the environment. Vote for this instruc- money out and bet it on a racehorse, I funds. When loan funds are granted and tion. would not bet it on one that I had ob- paid back, there is no loss to the tax- Mr. LIVINGSTON. Mr. Speaker, I am served consistently running the wrong payers of America. The gentleman pleased to yield 21⁄2 minutes to the dis- way in the dark of night. No, I would knows this and I know this. tinguished gentleman from Texas (Mr. bet it on a racehorse that was running Mr. STEARNS. The money is guaran- ARMEY), the Majority Leader of the the right way and winning the race. teed by the taxpayers of this country, House. Members are asking me to bet $18 bil- and the money is given to them. Mr. ARMEY. Mr. Speaker, I thank lion of the taxpayers’ money. I am tell- Mr. STENHOLM. ‘‘Guaranteed’’ is the gentleman for yielding me time. ing the Members, they are asking me correct. But the bottom line is, is it a Mr. Speaker, what is this IMF that to bet on a blind racehorse going the good investment and for whom is it a wants $18 billion of our money? Where wrong way and dragging too many oth- good investment? It is a good invest- did they come from and what do they ers with it. I need to know more. It is ment for American agriculture. And to do? I am shocked and appalled at how our duty to know more. If we do not those who continue to drag your feet little we know about the IMF. We see it as our constitutional duty, let us and say we could not even bring this know a little bit about its history, but see it as a matter of the basic, fun- bill up and consider it, to those who we do not know a thing about how it damental dignity and integrity of the continue to do that, you are in danger does business. House of Representatives. of doing irreparable harm to the Amer- We have an international financial Members could not come to me today ican farmer and rancher, because we institution that purports to manage through any agency of the American depend upon world trade, and we are a international markets and commerce, government, working on behalf of the part of a 182-nation group that is at- has failed in its originally intended American people immediately and di- tempting to have organized trade. mission, and now intends to self-de- rectly, and say, give them $18 billion, For us to continue to drag our feet scribe a new mission so that it can be- no strings attached, no questions can do irreparable harm to the Amer- come an international deposit insur- asked. We would certainly laugh them ican farmer, and when you vote no on ance corporation. out of the body. Why would we do that this, understand that. It is run by a French Keynesian, who for an international agency that re- Mr. LIVINGSTON. Mr. Speaker, I am operates the agency at such levels of fuses to reform and refuses to even tell happy to yield 1 minute to the gen- secrecy that we have no idea how they us how they do business? tleman from Ohio (Mr. TRAFICANT). come by the decisions. It is alleged by Certainly, they are a grand institu- (Mr. TRAFICANT asked and was many fine scholars to have been the tion. Certainly, they are wrapped in given permission to revise and extend agency that caused the Asian flu first wonderful, international mystique. But his remarks.) by forcing the Thais to devalue their because they are mysterious, is that Mr. TRAFICANT. Mr. Speaker, this currency. It seems to have a consistent the reason to give them more money bill is to provide supplemental emer- track record of opposing tax decreases more easily, with less consideration gency aid. I thought it was to provide and requiring tax increases. than we would give even an agency of supplemental emergency aid to the Now, even for a Keynesian, you have our own government? No. Southeast United States of America, got it backwards. This is the tax- The answer is, vote no. We will dis- not Southeast Asia. I thought it was to payers’ hard-earned dollars. We are cuss this at greater length later. We provide emergency aid for American being asked by this agency, that oper- will hold the hearings. We will under- citizens, not for foreign citizens. ates in secrecy, ‘‘Give us the money, or stand it later better. It just very well H2294 CONGRESSIONAL RECORD — HOUSE April 23, 1998 may be that we conclude, after thor- a watchdog group, including represent- Fund. Former Secretary of the Treas- ough, full, complete understanding atives from business, from labor, from ury Bill Simon has said, abolish it, it is that we ought not to bet on this blind agriculture, and from NGO groups to obsolete. He happens to be a man who horse at any time. watch what they are doing and to re- has made a great deal of money in Mr. OBEY. Mr. Speaker, I yield 30 port back to the public. It will require international trade. But ignore him for seconds to the gentleman from Texas our Secretary of the Treasury to meet a moment. (Mr. BENTSEN). on a regular basis defined in the bill Former Secretary of State, former Mr. BENTSEN. Mr. Speaker, with all with different groups and issue a report Secretary of the Treasury, former Sec- due respect to my colleague from card on how we are doing in these retary of Commerce, former Secretary Texas, in the debate I have heard today areas. of Labor, this is all the same person, there are a great deal of Members here It is a good piece of legislation. I George Schultz at Stanford University, who in fact do not understand the IMF urge my colleagues to vote yes on the one of the most respected international and do not understand the situation, motion to recommit, so we can begin figures in American government his- but the fact is this. I am not going to the process of changing how we do tory, has said, abolish it, it is obsolete, get into the details, because I don’t business in this world. The world is a it no longer serves a function. When have enough time, but if we wanted to, different place. These international or- Bretton Woods died, it died. It is a we did not have to take 3 weeks off ganizations must reform to the reality large, expensive bureaucracy finding a over the Easter recess. We could have of a different place. This bill helps do new excuse to mess things up. passed the supplemental with the dis- it. But we are not suggesting that we aster relief. We could have done the Mr. LIVINGSTON. Mr. Speaker, I am abolish it. We are suggesting we ask work on this. We could have taken sev- pleased to yield the balance of my time some questions. For example, the eral hours and debated the IMF. But to the very distinguished Speaker of International Monetary Fund is con- the leadership chose not to do that. the House, the gentleman from Georgia sistently wrong. There is a very signifi- We are all paid the same, and we are (Mr. GINGRICH). cant report that says it is the IMF all here to work. We have important Mr. GINGRICH. Mr. Speaker, I thank which caused the bank crisis in Indo- issues we have to deal with. The IMF is very much my friend, the gentleman nesia. There is a significant study a very important issue. If the United from Louisiana, for yielding time to which says it is the IMF which caused States fails to act on this in what is a me. Thailand first to quit fixing its money, liquidity facility, the rest of the world Mr. Speaker, let me say that I rise then to float its money, and then to will see it, the markets will see it, and first to point out that the bill which we suffer from an economic disaster. We the markets will be very efficient in are actually going to conference on is, know from Latin America it is routine how they will treat it, and we will see in fact, an important, urgent bill. In for the International Monetary Fund what will happen to the East Asian my State, for example, where we have to go in and say, raise taxes; take care economies and the effect on the Amer- had significant tornado damage, and of the international banks, but raise ican economy. my friends from Alabama, who can re- Mr. OBEY. Mr. Speaker, I yield 3 taxes. port on their tornado damage, Ten- Let us talk about the crisis in bank- minutes to the gentleman from Michi- nessee, other places around the coun- ing. Two major U.S. banks reported gan (Mr. BONIOR), the distinguished Mi- try, where there are real problems, we yesterday that they had had record nority Whip. Mr. BONIOR. Mr. Speaker, I thank are trying to get the aid to the Federal profits. None of the big banks are suf- my colleague for yielding time to me. Emergency Management Administra- fering out of Indonesia. They have Mr. Speaker, I share some of the con- tion. That is urgent. made their money. They are not suffer- cerns that have been expressed on this The Secretary of Defense has indi- ing out of South Korea. But what does floor this evening. I would not be in cated if we do not get this bill finished the International Monetary Fund an- this well today to support a bill that and to the President before May 1, that swer? Raise taxes on the working poor. endorsed the status quo. This bill is he will have to begin to initiate laying I hear people come to this floor who about reform. This vote is about re- off personnel, laying off contracts, cut- claim they represent the workers, who form. ting off training. That is urgent. So say they are for an international bank I want to commend the gentleman this is an important supplemental bill institution that is totally secret, that from Iowa (Mr. LEACH), the gentleman that is urgent. is run by a bureaucrat whose major from New York (Mr. LAFALCE), and the The Committee on Appropriations re- policy is to raise taxes on workers in Committee on Banking and Financial ported out a second bill, a bill which is the Third World to pay off New York Services, who in an overwhelming vote, not quite on as fast a track, but which banks. That does not sound like popu- 40 to 9, endorsed the first major revi- will in fact be considered by the House. lism to me. sions and reform of the International But I cannot help but draw to the But let me go a step further. We were Monetary Fund. House’s attention who has been lectur- told at Thanksgiving, I got the phone They put for the first time in 50 ing us today on international trade: calls, big crisis in Asia, everything is years working men and women at the Members who voted against NAFTA, going to collapse by Christmas. We table. They put for the first time the Members who were prepared to vote were told at Christmas, big crisis in concerns of our fragile Earth at the against fast track, Members who have Asia, everything is going to collapse by table. They did this in a responsible made a career out of protectionism, mid January. We were told in January, way. I would have liked more, but I Members who are dedicated to not big crisis, might even lead to a war in think they did the right thing, and being part of the world market. Korea. We were told in February, big they moved things forward in a respon- They now get up to lecture us, those crisis, could be bad by March. sible way. of us who voted for NAFTA, those of us But do Members know what we were Mr. Speaker, this bill sets labor who supported fast track, those of us told, over and over? Japan is not the standards and environmental standards who actually believe in the world mar- problem, because all of Japan’s debt is and accountability standards and ket, and we are to be told, rush this denominated in yen, and the Japanese transparency for the IMF in a way that thing through; make sure that you get can cope with it, and they have $270 we have never seen before. It will, Mr. $24 billion or $18 billion down to the billion in reserve. Do Members know Speaker, for the first time, allow peo- International Monetary Fund, or what- what the statement was this week? We ple to assemble, to organize, to bargain ever number the Secretary of the have to have this money for Japan; collectively. It will take on sweatshops Treasury sends up. Do not look at it. which is, by the way, intellectually and child labor. It will do the things Do not ask questions about it. Do not nonsense, because the IMF does not that we all talk about around here, but explore it. Send the money. Because have enough money to deal with Japan. we have not been able to accomplish after all, it is only money. So what is really at stake here? We through these lending institutions. Now, I believe we have an obligation believe, on behalf of the taxpayers, So I say to my friends, this is a good to the people of America to look criti- that we have the right as the Congress bill. Not only will it do it, it will set up cally at the International Monetary to ask some very tough questions of a April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2295 multi-billion dollar bureaucratic insti- parency and accountability out of the oping country has a horrible problem it tution that is totally secret. International Monetary Fund, we will begins to invade the economies of all I will start with question number bring an appropriate bill to the floor the developing countries in the world. I one: If they think tax increases are so this year in the appropriate way. believe the President did the right good, how come no staff member of the But for my friends who are protec- thing in using the IMF and Treasury IMF pays any taxes anywhere in the tionists, who opposed NAFTA and who funds to do something to help Mexico. world? They do not pay taxes in the opposed Fast Track, to come to the As a result of that, the problem was U.S., and they do not pay taxes in their floor and lecture the rest of us on the stemmed across the world. Mexico is home country. So the French leader of world market and demand that we paying that loan off. In fact, most of it the IMF pays no taxes in socialist move in ignorance now, before we can is already paid off with interest. France while advocating tax increases. learn anything, I think is highly inap- The problem we face now is greater Maybe if the IMF staff paid taxes, they propriate. than the problem we faced with Mexico would not be as excited about tax in- I hope every Member will vote this because it is not just one country that creases. down on behalf of defending the Amer- is experiencing trouble, it is six or Let me give just one quick example ican taxpayer, so we can get an effec- seven or eight in Asia. of how out of touch with reality the tive IMF program that in fact truly Now, the Speaker says there is no IMF is. This is their annual report for helps American agriculture and truly rush and that he thought people were 1997 in which they recommend that we helps American exporters. kind of overstating the problem a few not have tax cuts because they are Mr. OBEY. Mr. Speaker, I yield my- months ago. Well, I do not think they worried that the budget will not be bal- self 10 seconds. were overstating the problem. But they anced. This is their annual report lead- Mr. Speaker, I would simply say to were able, because they had funds ing into this year. the distinguished Speaker, those of us available to commit, to go to these Now, we are the most transparent who voted against NAFTA and Fast countries and to keep them from going Nation in the world. There is more in- Track want to be involved in the world into bankruptcy. So because of the ex- formation available about us than any market, but in ways that are fair to istence of the IMF and the ability to do other country. We are going to have a workers and not just investors and this, we have avoided tremendous prob- surplus this year of somewhere be- CEOs. lems. tween $18 billion, the inaccurate low Mr. Speaker, I yield the balance of There is no good for any worker or and defensive Congressional Budget Of- my time to the distinguished gen- any business in the United States to fice number, because they are like the tleman from Missouri (Mr. GEPHARDT), have any of these countries fail. Even IMF, they are bureaucrats, and the free the minority leader. with that in place, they may fail. And market estimate of $50 to $80 billion. (Mr. GEPHARDT asked and was when we criticize the IMF, and I am If the IMF is wrong about the surplus given permission to revise and extend sure there is a lot to criticize, I think of the United States of America, when his remarks.) we have to keep in our mind a little bit it is headquartered in Washington, Mr. GEPHARDT. Mr. Speaker, I urge of humility about what is going on could it be possible that their bureau- Members to vote for this motion to in- here. Let us face it, nobody at the IMF, crats do not have a clue about how the struct. I obviously reject the Speaker’s nobody at Treasury, nobody at the modern, instantaneous real-time categorization of some of us as protec- World Bank, and I dare say nobody in worldwide money markets work, and tionists. I voted for Fast Track when the world really knows how to do what could it be possible that their advice is George Bush was President. I voted for we are trying to do. consistently wrong? the WTO. I stand ready to vote for Fast We are literally trying to build a new They said as late as July 28, 1997, Track for President Clinton if we can architecture in our world for world that, ‘‘Many directors also indicated have the proper provisions to recognize trade. The truth is crony capitalism is that a faster pace of fiscal consolida- the rights and the needs of workers and not consistent with capitalism. And I tion by bringing forward spending cuts the environment. I was ready to vote now believe we cannot really have cap- and delaying tax cuts than that envi- for a NAFTA that had sufficient teeth italism unless we ultimately have de- sioned in the balanced budget agree- in the side agreements. mocracy and human rights. But we ment would help to contain demand To refresh everybody’s memory, it also know we cannot get those things pressures and enhance the plan’s credi- was not long ago that the Speaker and to be achieved overnight, and so we bility, as well as increase the latitude I were called to the White House with have got to have a little bit of humility for countercyclical fiscal policy.’’ then Majority Leader Dole and Mr. about what we know will work and What does that mean? It means as DASCHLE, and the President and Bob what can bring these countries back to late as July last year, when we were Rubin and Allen Greenspan told us that economic health. bringing the budget agreement to the there was a crash happening in Mexico, Mr. Speaker, it is great to have a floor, they were against tax cuts, they this was after NAFTA was passed, and pledge that we may get to vote on this were for deeper spending cuts. They did that we needed to replenish funds for before the year is out. We could wake not have a clue about the politics of the IMF so that Mexico could be bailed up tomorrow morning or next month or the country their headquarters is in, out. the month after that and be in a world and their policy was exactly back- We all said that we thought it was of trouble. The IMF, the truth is, does wards. necessary to do that because there was not have the ability to deal with these no good for America in Mexico going problems now. We have a chance to- b 1900 bankrupt. But after we came back to night to vote to instruct the conferees It was a big tax increase, big govern- the House and consulted on both sides to try to pull some of this funding into ment, socialized policy. of the aisle, we found there was not a this bill. We may be sorry, we all may So here is my proposition. We have good deal of support for doing that. be sorry, if this bill does not contain several hearings coming up. The Joint And so the President, using a Justice the monies that the IMF needs. Economic Committee under Chairman Department opinion, decided to go This is an important moment. None SAXTON will be holding hearings. ahead with that loan. of us will like a world that is in free Former Secretary George Schultz has One of the reasons they felt it was fall, and it will be in free fall very agreed to come and testify. Others will important to do that was because while quickly if they cannot move and act to be asked to testify. I am certain our Mexico was going down, something was stem problems that we have never seen friends on the left who would like to happening that none of them had ever before in the history of the world. have more taxes and bigger bureauc- seen before. That was, developing coun- I ask Members and beseech Members racy will have a chance to come and tries’ economies all over the world, to act responsibly tonight and vote testify. Thailand, Indonesia, were going down. ‘‘yes’’ for this motion to instruct, so we When we have finished the hearings Mr. Speaker, we are in a new world. have a chance to bring to this bill the and we are prepared to have appro- And in that new world, technology has kind of funding that it needs for the priate requirements to get trans- put us at a point where when one devel- good of the world. H2296 CONGRESSIONAL RECORD — HOUSE April 23, 1998 The SPEAKER pro tempore (Mr. Bliley Granger Pickering son's graduation from college. Had I been Blunt Greenwood Pitts SNOWBARGER). All time has expired. Boehlert Gutknecht Pombo present I would have voted Nay. Without objection, the previous ques- Bonilla Hall (TX) Portman b 1930 tion is ordered on the motion to in- Bono Hansen Pryce (OH) struct. Brady Hastings (WA) Quinn The SPEAKER pro tempore (Mr. Brown (OH) Hayworth Radanovich LAHOOD). Without objection, the Chair There was no objection. Bryant Hefley Rahall appoints the following conferees: The SPEAKER pro tempore. The Bunning Herger Ramstad Messrs. LIVINGSTON, MCDADE, YOUNG of question is on the motion to instruct Burton Hill Redmond Florida, REGULA, LEWIS of California, offered by the gentleman from Wiscon- Buyer Hilleary Regula Callahan Hobson Riggs PORTER, ROGERS, SKEEN, WOLF, KOLBE, sin (Mr. OBEY). Calvert Hoekstra Riley PACKARD, CALLAHAN, WALSH, OBEY, The question was taken; and the Camp Horn Rogan Campbell Hostettler Rogers YATES, STOKES, MURTHA, SABO, FAZIO Speaker pro tempore announced that Canady Hulshof Rohrabacher of California, HOYER; Ms. KAPTUR and the noes appeared to have it. Cannon Hunter Ros-Lehtinen Ms. PELOSI. RECORDED VOTE Carson Hutchinson Royce There was no objection. Chabot Hyde Ryun Mr. OBEY. Mr. Speaker, I demand a Chambliss Inglis Salmon f recorded vote. Chenoweth Jenkins Sanders APPOINTMENT OF CONFEREES ON A recorded vote was ordered. Coburn Johnson, Sam Sanford H.R. 3130, CHILD SUPPORT PER- The vote was taken by electronic de- Collins Jones Saxton Combest Kasich Scarborough FORMANCE AND INCENTIVE ACT vice, and there were—ayes 186, noes 222, Condit Kelly Schaefer, Dan OF 1998 not voting 24, as follows: Conyers Kim Schaffer, Bob Cook King (NY) Sensenbrenner Mr. DAVIS of Florida. Mr. Speaker, I [Roll No. 109] Cooksey Kingston Sessions ask unanimous consent to take from AYES—186 Costello Klink Shadegg Cox Klug Shaw the Speaker’s table the bill (H.R. 3130) Abercrombie Hefner Neal Crane Knollenberg Shimkus to provide for an alternative penalty Ackerman Hilliard Ney Crapo Kucinich Shuster Allen Hinchey Nussle procedure for States that fail to meet Cubin Largent Smith (MI) Andrews Hinojosa Oberstar Federal child support data processing Cunningham Lewis (CA) Smith (NJ) Baesler Holden Obey Danner Lewis (KY) Smith (OR) requirements, to reform Federal incen- Baldacci Hooley Olver Deal Linder Smith (TX) tive payments for effective child sup- Barrett (NE) Houghton Owens DeFazio Lipinski Smith, Linda Barrett (WI) Hoyer Pallone port performance, to provide for a more DeLay Livingston Snowbarger Becerra Jackson (IL) Pascrell flexible penalty procedure for States Diaz-Balart LoBiondo Solomon Bentsen Jackson-Lee Pastor Dickey Lucas Souder that violate interjurisdictional adop- Bereuter (TX) Payne Doolittle Manzullo Spence tion requirements, to amend the Immi- Berman John Pelosi Doyle McCollum Stearns Blagojevich Johnson (CT) Pickett gration and Nationality Act to make Dreier McCrery Strickland Blumenauer Johnson (WI) Pomeroy certain aliens determined to be delin- Duncan McDade Stump Bonior Johnson, E. B. Porter Dunn McHugh Sununu quent in the payment of child support Borski Kanjorski Price (NC) Ehlers McInnis Talent inadmissible and ineligible for natu- Boswell Kennedy (MA) Rangel Ehrlich McIntosh Tauzin Boucher Kennedy (RI) Rivers ralization, and for other purposes, with Emerson McKeon Taylor (MS) Boyd Kennelly Rodriguez English McKinney Taylor (NC) Senate amendments thereto, disagree Brown (CA) Kildee Roemer Ensign Metcalf Thomas to the Senate amendments, and request Brown (FL) Kilpatrick Rothman Evans Mica Thompson Capps Kind (WI) Roukema a conference with the Senate thereon. Everett Miller (CA) Thornberry Cardin Kleczka Roybal-Allard The SPEAKER pro tempore. Is there Ewing Mollohan Thune Castle Kolbe Rush Filner Moran (KS) Tiahrt objection to the request of the gen- Christensen LaFalce Sabo Foley Myrick Traficant tleman from Florida? The Chair hears Clayton LaHood Sanchez Fossella Nethercutt Upton none and, without objection, appoints Clement Lampson Sandlin Fowler Neumann Walsh Clyburn Lantos Sawyer the following conferees: Franks (NJ) Northup Wamp Coyne Latham Schumer From the Committee on Ways and Frelinghuysen Norwood Watkins Cramer LaTourette Scott Gallegly Ortiz Watts (OK) Means, for consideration of the House Cummings Lazio Serrano Ganske Oxley Weldon (FL) bill and Senate amendments and modi- Davis (FL) Leach Shays Gekas Packard Weldon (PA) Davis (IL) Lee Sherman fications committed to conference: Gibbons Pappas Weller Davis (VA) Levin Sisisky Messrs. ARCHER, SHAW, CAMP, RAN- Gillmor Parker White DeGette Lewis (GA) Skaggs Goode Paul Whitfield GEL, and LEVIN. Delahunt Lofgren Skeen Goodlatte Pease Wicker As additional conferees from the DeLauro Lowey Skelton Goodling Peterson (MN) Wolf Deutsch Luther Slaughter Committee on Education and the Goss Peterson (PA) Young (AK) Dicks Maloney (CT) Smith, Adam Workforce, for consideration of section Graham Petri Young (FL) Dingell Maloney (NY) Snyder 401 of the Senate amendment and modi- Doggett Manton Spratt NOT VOTING—24 fications committed to conference: Dooley Markey Stabenow Edwards Martinez Stenholm Bateman Fox Miller (FL) Messrs. GOODLING, FAWELL, and Engel Mascara Stokes Boehner Gonzalez Morella PAYNE. Eshoo Matsui Stupak Burr Hastert Paxon There was no objection. Clay Hastings (FL) Poshard Etheridge McCarthy (MO) Tauscher f Farr McCarthy (NY) Thurman Coble Istook Reyes Dixon Jefferson Stark Fawell McDermott Tierney APPOINTMENT OF ADDITIONAL Fazio McGovern Torres Fattah Kaptur Tanner Ford McHale Towns Forbes Meek (FL) Yates CONFEREES ON H.R. 2400, BUILD- Frank (MA) McIntyre Turner ING EFFICIENT SURFACE TRANS- Frost McNulty Velazquez b 1929 PORTATION AND EQUITY ACT OF Furse Meehan Vento 1998 Gejdenson Meeks (NY) Visclosky Ms. MCKINNEY and Mr. BLUNT Gephardt Menendez Waters The SPEAKER pro tempore. Without Gilchrest Millender- Watt (NC) changed their vote from ‘‘aye’’ to ‘‘no.’’ So the motion to instruct was re- objection, the Chair appoints the fol- Gilman McDonald Waxman lowing additional conferees on H.R. Gordon Minge Wexler jected. 2400: Green Mink Weygand The result of the vote was announced Gutierrez Moakley Wise As additional conferees from the Hall (OH) Moran (VA) Woolsey as above recorded. Committee on Science, for consider- Hamilton Murtha Wynn A motion to reconsider was laid on Harman Nadler ation of section 312(d) and Title VI of the table. the House bill and sections 1119, 1206, NOES—222 PERSONAL EXPLANATION and Title II of the Senate bill and Aderholt Ballenger Bass Mr. ISTOOK. Mr. Speaker, I regret I could modifications committed to con- Archer Barcia Berry not be present to vote on the Motion to In- Armey Barr Bilbray ference: Bachus Bartlett Bilirakis struct Conferees on IMF funding. I am attend- Mr. SENSENBRENNER, Mrs. MORELLA, Baker Barton Bishop ing a special family milestoneÐmy oldest and Mr. BROWN of California. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2297 There was no objection. would hope before the Memorial Day there; and I sat down with him and ex- The SPEAKER pro tempore. The recess. plained what we had in mind and it Speaker will appoint additional con- Mr. BONIOR. We do not know that it would be open and fair and every single ferees at a subsequent time. is going to be before the Memorial Day Member of this House will be able to The Clerk will inform the Senate of recess? Is that still in doubt? work their will as long as they have a the change in conferees. Mr. DELAY. Anything in this body is credible plan, which we can discuss. f in doubt, as the gentleman knows. We And, as I told the gentleman from Mas- are working on it. We hope the com- sachusetts (Mr. MOAKLEY), we will LEGISLATIVE PROGRAM mittees to work on the bill and bring it make those substitutes in order. (Mr. B0NIOR asked and was given to the floor as soon as we can. Mr. BONIOR. Well, we are hoping permission to address the House for 1 Mr. BONIOR. I would encourage my that when the committee meets, the minute.) friend, the gentleman from New York Committee on Rules, that the options Mr. BONIOR. Mr. Speaker, I yield to (Mr. SOLOMON), the chairman of the available for a full debate and opportu- the gentleman from Texas (Mr. DELAY) Committee on Rules, to engage in this nities to debate the wide variety of to inquire from the distinguished Ma- if he would like. Are we expecting an proposals that are out there, including jority Whip the schedule for today, the open rule on campaign finance? constitutional provisions, will be avail- rest of the week, and next week. I yield to my friend from New York. able to Members. Mr. DELAY. Mr. Speaker, I appre- Mr. SOLOMON. Yes, we are. The ar- And that is all we have asked for ciate my friend the gentleman from rangement that was made on both sides with the discharge petition that we ini- Michigan (Mr. BONIOR), the distin- of the aisle on a bipartisan basis was to tiated, and we hope that we can move guished Minority Whip, yielding to me. have a freshmen bipartisan bill as the on and have a good debate on those I am pleased to announce, Mr. Speak- base text and then allow any of the issues. er, that we have concluded legislative germane substitutes that would be of- Mr. SOLOMON. I think my colleague business for the week. The House will fered to it. will be excited and happy with the rule next meet on Monday, April 27, for a Mr. BONIOR. Repeat the last part. that the gentleman from Massachu- pro forma session. There will be no leg- Mr. SOLOMON. Would allow any ger- setts (Mr. MOAKLEY) and I will bring to islative business and no votes that day. mane substitutes that are credible to the floor. On Tuesday, April 28, the House will be allowed to be debated for at least 1 Mr. BONIOR. Mr. Speaker, I thank meet at 12:30 p.m. for the morning hour hour. my friend from Texas, and I wish both and 2 p.m. for legislative business. Mr. BONIOR. And does my colleague my colleagues a very pleasant week- On Tuesday, we will consider a num- expect the Shays-Meehan piece to be a end. ber of bills under suspension of the part of that? Mr. DELAY. I wish my colleague a rules, a list of which will be distributed Mr. SOLOMON. The Shays-Meehan, if very pleasant weekend. I hear the to Members’ offices. Members should it stays in the form it is in now, it weather is nice in Michigan. note that we do not expect any re- would be germane and it would be al- Mr. BONIOR. Great mellow moments corded votes before 5:00 on Tuesday, lowed to be brought to the floor. in the House of Representatives. April 28. Mr. BONIOR. Let me ask this ques- On Wednesday, April 29, and Thurs- tion of the gentleman. f day, April 30, the House will meet at 10 Some of us on this side of the aisle ADJOURNMENT TO MONDAY, a.m. to consider the following legisla- and on your side of the aisle think an- APRIL 27, 1998 tion: other approach that might be worth de- A bill to establish a prohibition re- bating and discussing is the constitu- Mr. DELAY. Mr. Speaker, I ask unan- garding illegal drugs and the distribu- tional approach, trying to correct some imous consent that when the House ad- tion of hypodermic needles; H.R. 6, the of these problems through the con- journs today it adjourn to meet at 2 Higher Education Amendment of 1998; stitutional route, given the court rul- p.m. on Monday next. H.R. 1872, the Communications Sat- ings with respect to participation in The SPEAKER pro tempore. Is there ellite Competition and Privatization the system and limitations on spend- objection to the request of the gen- Act of 1997; H.R. 3546, the National Dia- ing. tleman from Texas? logue on Social Security Act of 1998; Would the gentleman be entertaining There was no objection. and S. 1502, the District of Columbia opportunities for us to offer those type f Student Opportunity Scholarship Act of remedies to our present predica- of 1997. ment? HOUR OF MEETING ON TUESDAY, Next week, we also hope to consider Mr. SOLOMON. Constitutional APRIL 28, 1998 the conference report to the Emer- amendments are joint resolutions, as Mr. DELAY. Mr. Speaker, I ask unan- gency Supplemental Appropriations the gentleman knows. And we can talk imous consent that when the House ad- Act. about it, but that is not a part of the journs on Monday, April 27, 1998, it ad- Mr. Speaker, we hope to conclude arrangement that was allowed. journ to meet at 12:30 p.m. on Tuesday, legislative business for the week by 6 Mr. DELAY. If the gentleman would April 28, 1998, for morning hour de- p.m. on Thursday, April 30. yield. Certainly the gentleman is not bates. I thank the gentleman for yielding. talking about limiting the jurisdiction The SPEAKER pro tempore. Is there Mr. BONIOR. Mr. Speaker, reclaim- of judges, is he? objection to the request of the gen- Mr. BONIOR. No, that was your exer- ing my time, would the gentleman en- tleman from Texas? cise today. tertain a few questions? There was no objection. Mr. DELAY. Mr. Speaker, I would be My friend from New York said that glad to. this was an arrangement that was f Mr. BONIOR. Campaign finance re- made by both sides. Can he apprise us form. When? When do we expect to who he talked to on our side, who his DISPENSING WITH CALENDAR have that before the body? leaders talked to with respect to agree- WEDNESDAY BUSINESS ON Mr. DELAY. Well, as the gentleman ing on what the base bill was? I mean, WEDNESDAY NEXT knows, we are all excited about bring- I do not know of anybody on our side of Mr. DELAY. Mr. Speaker, I ask unan- ing campaign finance reform to the the aisle that participated in any dis- imous consent that the business in floor. cussions with him on this. order under the Calendar Wednesday Mr. BONIOR. I can tell on your face Mr. SOLOMON. I will tell the gen- rule be dispensed with on Wednesday that you are just overjoyed. tleman, I do not know who else was next. Mr. DELAY. And we hope to bring the spoken to. I see my good friend Sean The SPEAKER pro tempore. Is there campaign finance reform when it has Connery, no, that is not Sean Connery, objection to the request of the gen- had open and fair discussion sometime that is the gentleman from Massachu- tleman from Texas? in May. Certainly, I would expect we setts (Mr. MOAKLEY) standing over There was no objection. H2298 CONGRESSIONAL RECORD — HOUSE April 23, 1998 UNFAIRNESS IN TAX CODE: basic institution. The marriage tax penalty It means Americans are already paying MARRIAGE TAX PENALTY exacts a disproportionate toll on working more than is needed for government to do the (Mr. WELLER asked and was given women and lower income couples with chil- job we expect of it. permission to address the House for 1 dren. In many case sit is a working women's What better way to give back than to begin minute and to revise and extend his re- issue. with mom and dad and the American familyÐ marks and include extraneous mate- Let me give you an example of how the the backbone of our society. rial.) marriage tax penalty unfairly affects middle We ask that President Clinton join with Con- Mr. WELLER. Mr. Speaker, a series class married working couples. gress and make elimination of the marriage of very simple questions state why pas- For example, a machinist, at a Caterpillar tax penalty . . . a bipartisan priority. sage of the Marriage Tax Elimination manufacturing plant in my home district of Jo- Of all the challenges married couples face Act is so important. Do Americans feel liet, makes $30,500 a year in salary. His wife in providing home and hearth to America's it is fair that our Tax Code punishes is a tenured elementary school teacher, also children, the U.S. tax code should not be one marriage with a higher tax? Do Ameri- bringing home $30,500 a year in salary. If they of them. cans feel that it is fair that 21 million would both file their taxes as singles, as indi- Let's eliminate the marriage tax penalty and married working couples with two in- viduals, they would pay 15%. do it now! WHICH IS BETTER? comes pay on the average $1,400 more MARRIAGE PENALTY EXAMPLE IN THE SOUTH SUBURBS in taxes just because they are married? Note: The President’s Proposal to expand the child care tax credit will pay for only 2 Do Americans feel that it is right that School Machinist Teacher Couple to 3 weeks of child care. The Weller- our Tax Code actually provides an in- McIntosh Marriage Tax Elimination Act, centive to get divorced? Adjusted gross income ...... $30,500 $30,500 $61,000 H.R. 2456, will allow married couples to pay Of course not. Americans recognize Less personal exemption and standard deduction ...... 6,550 6,550 11,800 for 3 months of child care. the marriage tax penalty is wrong; it is Taxable income ...... 23,950 23,950 49,200 Which is better, 3 weeks or 3 months? unfair; it is immoral. They also recog- Tax liability ...... 3592.5 3592.5 8563 Marriage penalty: $1378. nize that 21 million married working CHILD CARE OPTIONS UNDER THE MARRIAGE TAX couples are paying $1,400 more. In the But if they chose to live their lives in holy ELIMINATION ACT south side of Chicago, in the south sub- matrimony, and now file jointly, their combined Average urbs, $1,400 dollars is real money for income of $61,000 pushes them into a higher Average weekly Weeks real people, one year’s tuition at Joliet tax relief day care day care tax bracket of 28 percent, producing a tax cost Junior College or 3 months of day care penalty of $1400 in higher taxes. at a local day care center. Marriage Tax Elimination Act ...... $1,400 $127 11 On average, America's married working President’s child care tax credit ...... 358 127 2.8 The Marriage Tax Elimination Act couples pay $1,400 more a year in taxes than has 238 cosponsors, a majority of the individuals with the same incomes. That's seri- f House. Let us eliminate the marriage ous money. Every day we get closer to April AMERICAN PEOPLE HAVE BEEN tax penalty. Let us eliminate it now. 15th more married couples will be realizing THE BENEFICIARIES OF A BAL- Mr. Speaker, I rise today to highlight what is that they are suffering the marriage tax pen- ANCED BUDGET arguably the most unfair provision in the U.S. alty. Tax code: the marriage tax penalty. I want to Particularly if you think of it in terms of: a (Mr. ABERCROMBIE asked and was thank you for your long term interest in bring- down payment on a house or car; one year's given permission to address the House ing parity to the tax burden imposed on work- tuition at a local community college; or several for 1 minute and to revise and extend ing married couples compared to a couple liv- months' worth of quality child care at a local his remarks.) Mr. ABERCROMBIE. Mr. Speaker, I ing together outside of marriage. day care center. was privileged to be on the floor of the In January, President Clinton gave his State To that end, Congressman DAVID MCINTOSH of the Union Address outlining many of the and I have authored the Marriage Tax Elimi- House of Representatives when the things he wants to do with the budget surplus. nation Act. President’s budget passed in 1993, that A surplus provided by the bipartisan budget It would allow married couples a choice in budget at the time denounced so se- agreement which: cut waste; put America's fis- filing their income taxes, either jointly or as in- verely by many critics of the President cal house in order; and held Washington's feet dividualsÐwhichever way lets them keep and what he was trying to accomplish. to the fire to balance the budget. more of their own money. I think, some 5 years later, we found While President Clinton paraded a long list Our bill already has the bipartisan cospon- that all of the goals have been in fact of new spending totaling at least $46±$48 bil- sorship of 232 Members of the House and a accomplished with respect to balancing lion in new programsÐwe believe that a top similar bill in the Senate also enjoys wide- the budget; and, most particularly, we priority should be returning the budget surplus spread support. find ourselves in a situation with low to America's families as additional middle- It isn't enough for President Clinton to sug- interest rates and the ability of people class tax relief. gest tax breaks for child care. The President's to take advantage of the home interest This Congress has given more tax relief to child care proposal would help a working cou- deduction they might not otherwise the middle class and working poor than any ple afford, on average, three weeks of day have had. Congress of the last half century. care. Elimination of the marriage tax penalty As a result, Mr. Speaker, I hope there I think the issue of the marriage penalty can would give the same couple the choice of pay- is a recognition that this was the right best be framed by asking these questions: Do ing for three months of child care or address- course to take, that the American peo- Americans feel it's fair that our tax code im- ing other family priorities. After all, parents ple have been the beneficiaries, that poses a higher tax penalty on marriage? Do know better than Washington what their family home ownership has been advanced, Americans feel it's fair that the average mar- needs. and that these 5 years provide a record ried working couple pays almost $1,400 more We fondly remember the 1996 State of the of accomplishment of which we can all in taxes than a couple with almost identical in- Union address when the President declared be proud. come living together outside of marriage? Is it emphatically that, quote ``the era of big gov- Mr. Speaker, Today, many if not every right that our tax code provides an incentive to ernment is over.'' Member of Congress is going to receive a visit get divorced? We must stick to our guns, and stay the by realtors from our districts. In fact, today the only form one can file to course. I look forward to meeting today with the avoid the marriage tax penalty is paperwork There never was an American appetite for members of the Hawaii Association of Real- for divorce. And that is just wrong! big government. tors on their annual trip to Washington. Since 1969, our tax laws have punished But there certainly is for reforming the exist- I know one of their top priorities is preserv- married couples when both spouses work. For ing way government does business. ing the home mortgage interest deduction. I no other reason than the decision to be joined And what better way to show the American stand with them completely on this issue. in holy matrimony, more than 21 million cou- people that our government will continue along As the House moves closer to developing a ples a year are penalized. They pay more in the path to reform and prosperity than by tax bill in the months ahead, it is vitally impor- taxes than they would if they were single. Not eliminating the marriage tax penalty. tant that we preserve the mortgage interest only is the marriage penalty unfair, it's wrong Ladies and gentlemen, we are on the verge deduction. It is fundamental of fulfilling the that our tax code punishes society's most of running a surplus. It's basic math. American dream of home ownership. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2299 I am concerned that proposals for a flat tax earned dollar that the American family budget by taking the Social Security or a national sales tax would endanger the makes today goes to the government. surplus and not spend it on government mortgage interest deduction. No wonder our families are in strain. spending. If the gentleman will work The mortgage interest deduction in impor- No wonder it takes one parent to work with me, I guarantee we will come up tant to Hawaii, where the average cost of a for the Government while the other with a budget that will accomplish single family home is $312,000. parent works for the family. that. I think I have the credibility to It is estimated that eliminating the mortgage But Democrats, on the other hand, do that. interest deduction could cause the value of ex- love to raise taxes. One prominent f Democrat admitted that Democrats isting homes to drop between 20±30 percent. The SPEAKER pro tempore. Under a As we in Hawaii face our greatest economic just do not like to cut taxes, they like previous order of the House, the gentle- challenge since statehood, elimination of the to raise taxes. They think cutting woman from the District of Columbia mortgage interest deduction would be a disas- taxes is irresponsible. (Ms. NORTON) is recognized for 5 min- ter. b 1945 utes. Homeowners would suffer a disastrous loss (Ms. NORTON addressed the House. of equity. Thousands of realtors, construction They think raising taxes is respon- Her remarks will appear hereafter in workers, and employees of financial institu- sible. Can we remember the debates of the Extension of Remarks.) tions would lose their livelihoods. 1995 and 1996? Everybody said we can- Mr. Speaker, I urge may colleagues to join not cut taxes and balance the budget; f me in fighting any attempt to eliminate the that is irrelevant, and it is crazy. Well, The SPEAKER pro tempore. Under a home mortgage deduction. we did it last year. We cut taxes on the previous order of the House, the gentle- f American family. We had the first bal- woman from Maryland (Mrs. MORELLA) anced budget agreement in I do not is recognized for 5 minutes. SPECIAL ORDERS know how many years. (Mrs. MORELLA addressed the The SPEAKER pro tempore (Mr. But this is why they are usually re- House. Her remarks will appear here- LAHOOD). Under the Speaker’s an- sponsible for increasing those taxes. after in the Extension of Remarks.) Now, make no mistake about it, the nounced policy of January 7, 1997, and f under a previous order of the House, Democrat budget not only increased the following Members will be recog- taxes, it also increased spending and The SPEAKER pro tempore. Under a nized for 5 minutes each. deepened the deficit. Now the Repub- previous order of the House, the gentle- woman from Indiana (Ms. CARSON) is f lican budget, the budget we passed in 1995, cut taxes and balanced the budg- recognized for 5 minutes. REGARDING THE PRESIDENT’S et. (Ms. CARSON addressed the House. TAX PARTY So the lesson here is very simple. If Her remarks will appear hereafter in The SPEAKER pro tempore. Under a we want higher taxes and more Wash- the Extension of Remarks.) previous order of the House, the gen- ington spending and higher deficits, f tleman from Texas (Mr. DELAY) is rec- then the American people need to vote ognized for 5 minutes. for the Democrats. If we want lower PUT SOCIAL SECURITY FIRST Mr. DELAY. Mr. Speaker, we would taxes and a balanced budget and sen- The SPEAKER pro tempore. Under a like to have gone into recess a few min- sible government spending, then they previous order of the House, the gen- utes ago, but the staff of the House has should vote for the Republicans. tleman from Michigan (Mr. SMITH) is convinced me otherwise. But we want- So I hope my friends are enjoying recognized for 5 minutes. ed to go into recess to give time for our themselves down at the White House Mr. SMITH of Michigan. Mr. Speak- Democrat colleagues to go down to the tonight. But their party’s commitment er, I think it is reasonable to carry on White House so that they could cele- to higher taxes is no party. the discussion of what has happened in brate. Mr. TAYLOR of Mississippi. Mr. the last 5 years. I was elected, and my And why are they celebrating? They Speaker, will my friend the gentleman first year in Congress was 1993. In that are celebrating those Members of Con- from Texas yield? year we had a deficit under the unified gress who voted for the largest tax in- Mr. DELAY. I will be glad to yield. budget of $322 billion. In the next, that Mr. TAYLOR of Mississippi. Mr. crease in the history of this country. year for the budget for 1994, President Speaker, I am not going to argue with We want to make sure they all were Clinton sent us a budget with a deficit the gentleman on the tax increases, able to get down to the White House in of $265 billion, a deficit in terms of a but it is misleading to the American a timely fashion. Included in that unified budget. people to say that this Congress has group are several former Members of So it was not only on the $265 billion passed a balanced budget. They did not. Congress who lost because of that vote. that we were short, it was also what we Mr. DELAY. Well, the gentleman were short borrowing from the Social I am not kidding. This is not April reads a different budget. Fool’s Day. This is actually happening Mr. TAYLOR of Mississippi. The Security Trust Fund and the other down at the White House as we speak. budget plan that you passed—— trust funds of this country. Do not worry, though. There will not Mr. DELAY. Mr. Speaker, I have the I think, number one, we have got to be any Republicans invited to the time, and I am reclaiming the time and start being very honest with the Amer- White House tonight because not one I am going to answer the gentleman’s ican people of what has happened. Republican voted for the largest tax in- statement. When the Republicans took the major- crease in history and so none of us got Mr. TAYLOR of Mississippi. But, ity of this House in 1995, we changed an invitation. please, the American public needs to the budget and started rescissions and But down in my office right now we know we are not there yet. started cutting down spending, getting are having hot dogs and pizza to cele- The SPEAKER pro tempore (Mr. rid of one-third of the staff in this Con- brate the fact that we voted for tax LAHOOD). The gentleman from Texas gress, cutting out committees, cutting cuts last year. We are going to vote for has the time. out up to 200 different agencies and de- tax cuts again this year. We are going Mr. DELAY. Mr. Speaker, the gen- partments and divisions to try to reach to vote for tax cuts again next year. tleman does not know what unified a balanced budget. We will vote for tax cuts every year we budgeting is. The gentleman obviously The Republicans really were are in the majority. does not know. I agree with the gen- demagogued in that election that even- And we will continue to want to cut tleman that we have a huge surplus tually followed because we were doing taxes for America’s working families. that we are spending on government all sorts of budget cuts, cutting down Because we understand that over 50 spending. But if we take all the spend- on the spending of the Federal Govern- percent of a family’s income goes to ing and all the tax revenues, then we ment in order to get a balanced budget. the Government. If you add up State, are in surplus. We ended up winning. We ended up in local and Federal taxes and the cost of I want, as the gentleman wants, I am the spring of 1996 sending a reconcili- regulation, 50 cents out of every hard- sure, I want to make it a true balanced ation bill to the President saying the H2300 CONGRESSIONAL RECORD — HOUSE April 23, 1998 operational budget, to keep govern- Now the average age of mortality, Day activities we have organized for ment open, to keep it operating, is not the life-span today at birth is 74 years our colleagues on Capitol Hill next going to go into effect, Mr. President, old for a male, 76 years old for a fe- week. unless you send Congress a balanced male. But if we live to be 65 years old, Our Nation’s daughters need to know budget. then on the average we are going to who they are and what they can be, Finally, the President did send Con- live another 20 years. Let us get at it. which will exceed far beyond any soci- gress a balanced budget, and now we Let us really put Social Security first. etal limitations that were placed on have moved ahead. We have reframed f their foremothers and to some degree the debate in Washington, D.C. so both continue to this day. TAKE OUR DAUGHTERS TO WORK sides of the aisle are now saying, great, This knowledge and self-confidence DAY we need a balanced budget. Let us be help them develop more ambitious more frugal in our spending. The SPEAKER pro tempore. Under a dreams, strive to take on more chal- We have come a long ways, but we previous order of the House, the gentle- lenges, and become valuable leaders in have still got a long ways to go. We woman from California (Ms. America’s future. We look forward to have got a long ways to go because we MILLENDER-MCDONALD) is recognized next week, Take Our Daughters to are still borrowing the money that is for 5 minutes. Work Day. coming in surplus from the Social Se- Ms. MILLENDER-MCDONALD. Mr. f curity Trust Fund to use for other gov- Speaker, I rise today to commemorate The SPEAKER pro tempore. Under a ernment spending, and that has got to Take Our Daughters to Work Day. The previous order of the House, the gen- stop. Capitol Hill activities for Take Our tleman from California (Mr. ROHR- Here is my proposal of how we stop Daughters to Work Day have been re- ABACHER) is recognized for 5 minutes. it. I introduced the only Social Secu- scheduled for next Thursday because of (Mr. ROHRABACHER addressed the rity bill that has been introduced in the D.C. schools having academic test- House. His remarks will appear here- the last session of Congress three years ing today. after in the Extensions of Remarks.) ago and again this session that has Today many fathers and mothers been scored by the Social Security Ad- took their daughters to work. Take f ministration to keep Social Security Our Daughters to Work Day was cre- The SPEAKER pro tempore. Under a solvent. So if we really want to put So- ated in 1993 to help maintain that es- previous order of the House, the gen- cial Security first, let us stop talking sential feeling of self-worth and en- tleman from Iowa (Mr. LATHAM) is rec- about it and start doing it. hance their understanding of what is ognized for 5 minutes. Now that we are looking at a surplus possible and what they can accomplish (Mr. LATHAM addressed the House. in terms of the unified budget that is if they put forth the effort. His remarks will appear hereafter in coming in this year, and the estimates This is an important day for the mil- the Extensions of Remarks.) are as high now as a $40 to $50 billion lions of girls who are provided with the f surplus. Let us start taking that sur- rare and much-needed opportunity to NATIONAL CRIME VICTIMS RIGHTS plus money and allowing workers in meet successful professional women WEEK this country to have their own per- and envision the immense possibilities sonal retirement savings account that that stand before them. The SPEAKER pro tempore. Under a will partially offset their fixed benefits Numerous studies have shown how previous order of the House, the gen- and Social Security eventually when many girls exhibit a strong and dis- tleman from Texas (Mr. BRADY) is rec- they are ready to retire. tinct sense of self-confidence until they ognized for 5 minutes. But giving these workers some of reach the age of 11. Then there is a sud- Mr. BRADY. Mr. Speaker, this week this surplus money that is coming in, den drop in self-esteem, a lowered is a special time in our country. It is which is, after all, overtaxation, allow- designated as National Crime Victims ing them to see the creation of wealth, sense of self-worth, and intense feelings of insecurity about their own judg- Rights Week. It is an opportunity to allowing them to see the magic of try to begin to balance the scales of compounding interest where our money ments and emotions. Take Our Daugh- justice that are weighted so heavily in can double every 4 or 6, 8 years; and ters to Work Day is an effective way of favor of the accused and so lightly when we are ready for retirement at maintaining their self-esteem. weighted in favor of the victims of vio- age 65, we are going to see much more Last year, 48.3 million adults said lent crime. money in those funds. that their company and their spouse’s So with even a partial offset, in my company participated in this special I am proud to be an original cospon- bill that I call for using these surplus day. In addition, three in ten adults sor of a constitutional amendment pro- monies to beef up Social Security, to said that they or their spouse person- posed by the gentleman from Illinois start down the road of solvency, I am ally participated by taking a girl to (Mr. HYDE), Congressman and Chair- suggesting that for each $2 these people their workplace, which equals 15.4 mil- man of the House Committee on the earn in the investment market of lim- lion people. Judiciary, that attempts to restore and ited investments, of so-called safe in- Clearly, this is a day not only for provide really for the first time in this vestments, for every $2 they earn there this Nation’s daughters but for parents, country solid, irreversible rights for be a $1 offset in their Social Security employers, and people who understand victims of violent crime. benefits, so there is really a safety net. the value of investing in and training What this constitutional amendment But what we have got to do is make the younger generation to become bet- does is that it provides that victims sure that existing retirees continue to ter, stronger, and more effective mem- have the right to be given notice, to have the benefits that have been prom- bers of the labor force in the years know when there are public hearings ised to them, but at the same time we ahead. related to the crime in which they have make provisions that our kids and our As we approach the new millennium, been victimized, to be heard if they are grandkids and our kids’ grandkids and Take Our Daughters to Work Day and present, and if they are not, to submit great-grandkids can have an oppor- similar activities which promote a written statement at all public pro- tunity to have even more revenue re- reaching out to young girls and women ceedings where a sentencing occurs or turns in their retirement years. will become even more essential. By a plea bargain is agreed to or there is Look, we have got a demographic sit- the turn of the century, 8 out of every a prospect that the criminal will be re- uation where there are fewer workers 10 women between the ages of 25 and 54 leased from custody. paying in their FICA taxes to more and will be on the job because they want It provides the right under this con- more retirees. When we started out in and, in most cases, need to work. For stitutional amendment to be notified if 1935 we had an average age life-span of the first time in history, most new jobs that convict is released or escapes from 62 years old. That meant most people will require education or training be- custody, and because justice needs to that paid into Social Security all their yond high school. be sure and swift, to seek relief as vic- working life never received any bene- I hope that Members will participate tims from these unreasonable delays fits. in the Take Our Daughters to Work related to the crime; the right to have April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2301 restitution, because for many of vic- is basically abandoned and empty. It is ginia. Go down and see the farm and tims of violent crime, especially if they time that jurors see the victims of what he does with his farm, how well lose a spouse or someone who is a these crimes so that as they weigh the manicured it is, the animals that are source of income and revenue for their evidence, as they weigh the sentence, taken care of, how he takes care of the family, not only do they lose a loved they understand that these are real environment, the soil, the water. one but they lose the financial support, people whose lives they affect. And you come back to Colorado. Go the ability to send their children to I support this constitutional amend- back up to Meeker again, go visit Bart college, the ability to spend time and ment and urge my colleagues to do so and Mary Strang. They have been there have a house in which their children as well. a long time, these Strang families, and those who survive the victim can f long, long time. See how they take live. The SPEAKER pro tempore. Under a care of the land, see how protective This constitutional amendment en- previous order of the House, the gen- they are of the environmental issues. sures that the victim’s safety is always tleman from Washington (Mr. Go back up to Evergreen, Colorado, considered when a parole board or simi- METCALF) is recognized for 5 minutes. to Bill and Leslie Volbright. That is lar organization is looking at releasing (Mr. METCALF addressed the House. the utilization of conservation ease- a criminal in custody at whatever ments so that they can protect their level. Finally, because rights mean His remarks will appear hereafter in the Extensions of Remarks.) land into the future. nothing if we do not know of them, in Or if you want to, go back to Grand f this constitutional amendment we en- Junction, Colorado, Doug and Cathy sure that victims are notified of these RANCHERS IN COLORADO KNOW King. I go up there every year to bugle rights early in the process. HOW TO TAKE CARE OF THE LAND elk. Some of the finest elk in the coun- As obvious as these rights are, the try are up in that area, beautiful aspen fact of the matter is, today in America The SPEAKER pro tempore. Under a previous order of the House, the gen- trees. You should go up there sometime very few enjoy them. With the excep- in the fall, should go and ride in the tion of some enlightened States and tleman from Colorado (Mr. MCINNIS) is recognized for 5 minutes. pickup truck with Doug and see how some individual communities, for the much he cares about that land, how most part the victims have no rights in Mr. MCINNIS. Mr. Speaker, I woke up this morning and, doing the usual fragile they are with the land. these proceedings, are ignored in the Go to Carbondale, Colorado to Tom process, are left behind, bewildered at a morning, looked at the newspapers and read some of the comments about and Ruth Perry’s ranch; to their in- time in their life when they are laws, Tom and Rossie Turnbull’s. Look stunned by what is occurring to them. Earth Day yesterday, and I was sur- prised at some of the remarks that at what they do with their land and Our family has had some experience how protective they are. in this matter. When I was 12, my fa- were made that seem to want to imply to the American people or convince the You will find three things in common ther was murdered in a South Dakota with all of these families. Obviously courtroom. While I was young at the American people that the way to pro- tect our environment is to have a larg- the first thing in common is they care time, and we do not remember every- about that land. They love that land. thing as distinctly, I recall our family er and bigger government in Washing- ton, D.C.; that the people in Washing- They know how important the land going through the trial, through the was for generations before them. They conviction, through the sentencing. ton, D.C., truly know better than those of you out there who own property, know how important that land is for And like a lot of families, we were be- generations ahead of them. fore the parole board trying to keep who have worked property, who work The second thing they all have in dad’s killer behind bars. your land and live your land; that the common is no one in Washington, D.C., We have been through it. The fact of people in Washington, D.C., really no one in Washington, D.C., no Envi- the matter is that no one ever expects should be trusted with your water, ronmental Protection Agency, nobody it to happen to them. They are sure it they should be trusted with utilization from Earth First or the National Si- only occurs in someone else’s neighbor- of your land, they should be trusted erra Club had to march onto this prop- hood, someone else’s family, in some- with all of the decisions to be made erty and tell these people how to care one else’s community. But the fact of about the environment. for that land. Nobody from Washing- the matter is, in this America there So briefly tonight I wanted to talk to ton, D.C. or Earth First or these orga- are two classes of Americans: those you about a few people that live on the nizations had to tell them about the fu- who have been touched by violent land. ture generations. Nobody in Washing- crime and those who someday will be. David and Sue Ann Smith, the Smith ton, D.C. or Earth First or any of those This constitutional amendment is de- ranch located in Meeker, Colorado, programs know anything about the signed to protect those who have not that ranch is what they call a centen- past generations of this land. yet been victimized by a crime, to nial ranch, which means one family has make sure that at a time in their life been on that ranch more than a hun- The other thing that is in common, that they never thought that they dred years. In the Smith case, it is one they are all Republicans. would be involved in, when justice of the most beautifully managed Now when I read the papers this seems so distant and remote, that they ranches that I have been on, and I have morning, the Democratic Party seems get the one thing in life that they most spent a lot of time on it. It is a centen- to think that through big government, need at that time, which is justice. nial family, they care about it, they through a larger EPA, through organi- make their living off that land. zations like Earth First, that that is b 2000 Down in Carbondale, Colorado, the way we ought to control and pro- Last year, I think in the year before, former Congressman Mike Strang, tect our environment. Well, I am tell- many of us watched the O.J. Simpson Mike and Kit Strang have their ranch ing you they have got it all wrong. trial. We watched and read about the down there. It looks out over Mount What they need to do is just take a victims of the Oklahoma City bombing, Sopris. They take care of that land as few minutes, go talk to their local and we had to pass a Federal law to en- if it were their own child. members, go talk to the local ranchers, sure that the victims of Oklahoma City You go back up to Glenwood Springs, go talk to the men and women that bombing could be present in the court- Colorado, Al Strouband’s. Al has a make their livings off farms and room when that trial occurred. In most beautiful ranch up there, Storm King ranches. Take enough time to ride States all that a shrewd defense attor- Ranch. He takes care of it. You should around on horseback or in a pickup or ney has to do is identify the family or see what he does with the vegetation, walk around, whatever you want to do. the victim’s family as a possible wit- you should see what he does with the That land, see how they care for it, see ness in a courtroom case and excludes utilization of the water, how he takes how they talk about it, see how they them, leaving the courtroom where the care of the game. cuddle it like it is a small child, see accused has a family behind them and And not only does Al have a ranch in how they talk about future genera- full of supporters and where the victim Colorado, he also has a farm in Vir- tions, and then reassess whether it is H2302 CONGRESSIONAL RECORD — HOUSE April 23, 1998 necessary for Washington, D.C. to im- DUNCAN HUNTER. He is the chairman of equally awesome responsibility to pay pose their excess regulations, to im- the Subcommittee on Military Pro- our bills. We have an equally awesome pose some of the utopian ideas and in curement of the Committee on Na- responsibility to be honest with the many cases to drive these people off tional Security. One of DUNCAN’s great American people, make them aware of that land. misfortunes is trying to replace an the problem and then, as their elected You know it is very easy in the East aging fleet for the Navy, replace aging representatives, both Democrats and to tell them what to do in the West be- airplanes for the Air Force, on a very, Republicans, let us solve them. cause there is not much government very small budget. And quite frankly, f land in the East. In the West, my dis- if we were not squandering a billion trict for example, my district, geo- dollars a day on interest on the na- CAMPAIGN FINANCE REFORM graphically larger than the State of tional debt, we could be buying a de- The SPEAKER pro tempore. Under a Florida, 20-some-million acres of Fed- stroyer a day with enough change left previous order of the House, the gen- eral land. We know about that land. We over to buy about 20 Blackhawk heli- tleman from Arkansas (Mr. HUTCH- do not need Washington, D.C. to tell copters. INSON) is recognized for 5 minutes. us. That is why it is important that we Mr. HUTCHINSON. Mr. Speaker, I Sometime take a deep breath and go balance our budget, that is why it is want to take this opportunity to ad- visit a ranch in Colorado. important we be honest with the Amer- dress an important issue that really f ican people. And it is not a Democrat took a different spin this week. As we or Republican issue because, doggone AN AWESOME RESPONSIBILITY entered this week in legislative busi- it, they are both guilty in creating the ness, I did not expect campaign finance The SPEAKER pro tempore. Under a debt, and the only way we are going to reform to be an issue that was going to previous order of the House, the gen- get out of debt is working together. be on the front lines of legislative busi- tleman from Mississippi (Mr. TAYLOR) I am sorry to say that the Cato Insti- ness this week nor next week. is recognized for 5 minutes. tute can back up everything that I But it took a turn this week, and it Mr. TAYLOR of Mississippi. Mr. have said. Actually, overall spending in goes to show the legislative process Speaker, let me first apologize to the the first three years that the Repub- works, and I want to express my appre- wonderful people who work for this licans have run Congress has increased ciation, I think the appreciation of the House. I am sorry we are keeping you at a greater rate than the last three late, I am sorry I am contributing to American public, that the leadership years that the Democrats were in the indicated their willingness to have a that. Congress. They are both wrong. It is As far as the American people, I want full and fair and open debate on cam- wrong for both of us. paign finance reform. The procedure to apologize for the expense of this But defense spending has either that has been outlined could not be speech and the others. It costs about shrunk or been frozen under both, and more fair and open than having a base $8,000 an hour for special orders. that is equally wrong. There are kids bill that comes to the floor of the I tried when the Democrats were in today flying around in 30-year-old CH– House, which is the bipartisan Cam- the majority to do away with it, to 46s, 30-year-old CH–47s. Almost a thou- paign Integrity Act, the freshman bill have us use a room upstairs, let these sand UH–1 Hueys have been grounded that is a bipartisan bill that addresses good people, approximately 80 House because we finally came to the conclu- campaign finance reform, and then it is employees, go home. There is no reason sion that it just was not fair, and above subject to amendments. It is a full and for these 80 people to be here, there is all it just was not safe to send those no reason for the clock to keep run- kids up. But people are still flying old free open debate that no one can quar- ning. And I hope that some of my Re- F–14s, still flying old C–103s, and they rel about as to its fairness. publican friends who are equally cost- are still going to sea in old ships. That is what the American people ex- conscious would work with me on end- That is why it is important that, pect, and that is what they have re- ing this practice. number one, we face up to the reality ceived, and I think it is a tribute to the Mr. Speaker, there is a room upstairs that we are still not balancing the leadership for recognizing this, re- we can use. We do not have to keep 80 budget, that we are borrowing from the sponding to it in a very fair fashion. people around. My worries are not so trust funds, and it does not get any b 2015 great they need to be transcribed, and easier to get out of that hole for a lot Now, they have selected the fresh- I can always ask that they be included of reasons, but the biggest reason is as man bill, it is called. It is really the re- in the RECORD if I think it is worth- a Nation we are getting older. As a Na- sult of a freshman task force, as the while. tion we are getting fewer and fewer base bill that would come to the House I am sorry Mr. DELAY left. I do like people who are taxpayers and more and on campaign reform. If you look at this Mr. DELAY. But I do feel like he said more people who are receiving benefits. some things that need to be clarified, My dad a couple of days ago turned 77 bill, it is bipartisan in nature, but it is and I want the American people to years old, and I will use his generation also bipartisan in process, and that is know where I am coming from as I as an example. When my dad was a why it is so unique. make these remarks. teenager in the 1930’s, there were 19 Let me talk just for a second about I have been here almost nine years, working people for every retiree. One how that bill, I suspect, might have and in those nine years have come to hundred years later, in the year 2030, it been chosen. If you go back to the be- the conclusion that both the political has been estimated that there will only ginning of this Congress, the two re- parties have degraded themselves to be 1.2 working people for every retiree. spective freshmen classes, the Demo- the point where they are not much If we do not pay our bills now, we will crats and the Republicans, said let’s more than organizations that raise never pay our bills because the ratio of work together on an issue, and they money and peddle influence. So I hope workers to retirees continues to de- choose finance campaign reform. that no one will take this as a partisan cline. It gets only worse all the way A task force of six Republicans and speech, but merely somebody who cares out to at least halfway through the six Democrats met together over the about his country and wants to fix it. next century. course of 5 months, heard experts on I regret that Mr. DELAY would lead So what I am going to ask Mr. DELAY constitutional law. We heard from the the public to believe that we have a on one side, what I am going to ask my Democratic Party and heard from the balanced budget, because we do not, fellow Democrats on the other, let us Republican Party as to what they be- and I do consider our Nation’s debt as not claim victory in the budget be- lieved needed to be done. the greatest threat to our Nation. I re- cause we have not even started. We are We heard from the American people. gret to tell the American people that $5.5 trillion in debt, and we do not need We heard from academia. We heard we are now spending a billion dollars a the Democrats over here or the dema- from everyone imaginable; from the day on interest on that debt and it is gogues over there misleading the pub- unions to the business side. And from growing. lic. those hearings we learned a lot, but we A couple yards away from me is a We have an awesome responsibility also came up with a proposal. We said real neat human being by the name of to defend this nation. We have an we need to avoid the extremes. That is April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2303 what has killed this issue time and American public, and we have done a below 20 percent consistently, which time again in Congress. Avoid the ex- great service. In addition, we have a means it only takes people modifying tremes. good chance of passing meaningful re- their behavior just a little in terms of Let us concentrate on what we can form, send it to the Senate, and let us a spouse working a little bit less or in agree on, the consensus, the common see what they do. terms of a worker spending a little bit ground. And that resulted in this bill f more time with the family to all of a that was produced by this task force, sudden have us drop below the 20 per- PUTTING SECURITY BACK INTO but now has over 70 cosponsors, both cent figure. Republicans and Democrats, both Lib- SOCIAL SECURITY If we did, the surpluses would go out erals and Conservatives. It crosses the The SPEAKER pro tempore (Mr. the window. political spectrum. Not only is it fair, COOKSEY). Under a previous order of What this means to me as we begin but it is an improvement in our sys- the House, the gentleman from South to talk about the issue of Social Secu- tem. Carolina (Mr. SANFORD) is recognized rity is how do we have security with Now, it is not just a freshman bill. for 5 minutes. Social Security? Because what is inter- We have representatives all across the Mr. SANFORD. Mr. Speaker, I would esting to me about the Social Security spectrum, every class that has spon- like to follow up on what my colleague debate, is the President in this very sored this, that has joined in support of from Mississippi was talking about, Chamber said at the State of the Union this. We need more support for this bill and that is the surplus. that we ought to reserve every dollar as it moves to the floor. As we all may know, theologians of surplus for Social Security, and yet, What does the bill do? First of all, I have a thing, a word, a concept, if you given the way the trains have been think it is very important to say that will, called original sin, and the idea is running in this town recently, it seems this is not a Republican leadership bill; from original sin all other sins flow. to me if $50 or 60 billion comes to it is not a Democrat bill. It is a biparti- And when Washington these days be- Washington, there is a good likelihood san bill in process, in form and result, gins talking about the idea of surplus, that that money will be spent. And if it and I hope that we can continue that it seems to me that that is the original is spent, it is not saved for Social Secu- process as we move through the House. sin in Washington, because I just have rity. This bill, first of all, bans the cor- real questions about the idea of us real- So I think that one of the things we porate money from the multinational ly running a surplus. really ought to begin looking at is the corporations that comes in huge sums I have got a question from the stand- idea of the gentleman from Ohio (Mr. to our national political parties. It point of accounting. I mean, in the KASICH) of Social Security Plus. Quite bans the contributions in the same President’s budget that was sent up to simply, that would be taking the sur- form from the labor unions that go to the Congress, it listed in it a $9.5 bil- plus money, rebating it back to every- the national political parties. So it is lion surplus, and yet the national debt body that pays Social Security taxes, balanced in banning soft money to the would go up by $176 billion. That is the and then letting them put that money national parties. equivalent of saying I am going to pay in their own Social Security Plus ac- The second thing it does, besides re- off $95 on my credit card balance, but count. ducing the influence of special inter- my credit card balance is going to go The advantage for me of that idea is ests, it increases the role of individuals up by $1,700. that by having it in your own account, in our campaign process. It increases Mathematically that is impossible, and we are not talking about a lot of their contribution limits. It says they with the exception of anyplace but money, about $500, based on the size of should have a greater role in it. It re- Washington, D.C. Because in Washing- the surplus in your account each year, duces special interests, increases the ton, D.C., if you were to break out the and over the next 6 years, that would role of individuals, and then it in- budget, what you would see is $103.5 be $3,000. But by having that money in creases the role of the American public billion borrowed from Social Security, your account, Washington cannot by giving them more information, and as you add up the other trust fund reach in and borrow that money. more information on who is affecting borrowings, it comes to this $176 billion I think we really need to begin look- the campaigns, how much money is number. ing at that kind of security when we being spent, what groups are spending That number actually may be a little talk about the word ‘‘Social Security’’ that money. And that is the informa- less than that because the surplus is if we are serious about, A, having every tion that they need to make the cor- supposed to be greater, but the point is dollar of surplus go toward Social Se- rect decisions on campaigns, and who that is not the way you do accounting curity, and, B, on the whole concept of are trying to influence them. back home in South Carolina, or Ne- protecting Social Security. It is a basic bill that is good cam- vada, or Illinois, or anywhere else. f paign reform, that is true reform, and That is not conventional accounting. I am delighted to have an opportunity Too, I think the surplus is somewhat STATE OF MILITARY for it to come to the floor, subject to fictitious simply from the standpoint PREPAREDNESS IN AMERICA amendment, as we debate this issue. of economy. The $225 billion that plugs The SPEAKER pro tempore. Under a So I think that we have come a long the gap from where the Congress was previous order of the House, the gen- way. I look forward to the next 3 or 4 and where the White House was built tleman from California (Mr. HUNTER) is weeks as we debate ideas and we have on the economy continuing to roll recognized for 5 minutes. disagreements; both on the Republican ahead, and I have serious reservations Mr. HUNTER. Mr. Speaker, we are and Democrat side. But what would be on it being able to continue to roll getting closer and closer to the anni- more fair to the American public than ahead. versary of the invasion of South Korea, to debate ideas on the floor of this The third way, I guess, I have ques- and I reflected back the other day House and let the majority rule gov- tions on the sustainability of the sur- when I was at my aunt and uncle’s ern? I think that is what democracy is plus would be simply on the basis of house in Fort Worth, Texas, because on about. That is what this institution is what we send to Washington every one of their dressers they have a photo- about. year. We are at a post-World War II graph of a young marine; his name was I addressed some eighth graders over high in terms of the amount of money Son Stilwell, a Marine Lieutenant the break at Alma High School. They that people send in taxes to Washing- killed in Korea, one of the 50,000-some asked me some questions. One was, ton, D.C. casualties KIA that we suffered in that why did you want to go to Congress? This last year we hit 20.1 percent of conflict. The answer was to reduce cynicism and GDP sent by hard-working Americans I reflected on that this pending anni- distrust of our institutions of govern- to Washington. Now, that was only met versary. We are on the eve of when I ment. or exceeded basically at the height of listened to our Secretary of Defense What we can do by having this full World War II. In 1944, we hit 20.9 per- and President Clinton’s defense leaders and fair debate is to increase con- cent, and in 1945 we hit 20.4 percent of as they presented a declining defense fidence, to increase respect by the GDP. Other than that, it has been budget to the U.S. Congress. H2304 CONGRESSIONAL RECORD — HOUSE April 23, 1998 The situation, I think, is a lot like it simple questions, such as which of you On Wednesday, all day in the Ray- was in those days in 1950 before that predicted the Falklands war, none of burn courtyard off of New Jersey Ave- June invasion. To set the stage, Mr. them could raise their hands. When we nue, we will display a 40-foot-long scud Speaker, we have come down, we have asked which of you predicted the down- missile, a missile that, in fact, was pro- slashed defense and cut down on our fall of the Soviet Union, that was in all duced by the Iraqis with assistance forces dramatically since Desert the papers. None of them could raise from North Korea; that is the same Storm. We have cut from 18 Army divi- their hands. missile that, in fact, killed American sions that we had in 1991 to only 10 And when we asked them which of troops, the only major loss of life of today. That is, incidentally and coinci- you predicted the invasion of Kuwait, our troops in this decade. one of them actually said before or dentally, the same number of Army di- b 2030 visions we had when Korea was in- after the armored columns started vaded. moving? We said, no; before the ar- That missile is now being sold around We have gone from 24 to only 13 mored columns started moving. None the world. Rogue nations are purchas- fighter air wings, so we have cut our of them had predicted the invasion of ing it. It is still a threat to this coun- air power almost in half under the Kuwait. It is not that they are not try that we cannot defend against. Clinton Administration. And we have smart, it is not that they don’t have a Along with a display of that Scud cut our naval vessels from 546 to 333, lot of resources at their disposal. The missile, which will be available for in- about a 40 percent cut in naval vessels. facts are that unexpected things hap- spection by our colleagues in the House Now, the theme in 1950 and the rea- pen in this world. and the other body and by the Amer- son that so many defense leaders from We are still living in a very unstable ican public at that courtyard off of the then Lewis Johnson, then Secretary of world, and we have a declining military Rayburn Building on New Jersey Ave- Defense, right on down, the theme that to face that unstable world with. One nue and C Street, will be a demonstra- they propounded as they presented this reason we were able to bring home to tion of one of our responses. The Army declining defense budget to the U.S. the American people so many of the will, in fact, have a full, active deploy- Congress, and said that it was ade- soldiers and sailors and marines who ment of a THAAD battery. THAAD is quate, was that somehow we were the went over to Desert Storm, and the the Theater High Altitude Area De- dominating Nation of the world with reason we didn’t have to fill up those fense System that we are developing respect to high-tech, and nobody would 40,000 body bags we took with us in for our Army to deploy in theaters mess with us. Of course, we had at that fighting the fourth largest army in the around the world to defeat missiles time the nuclear weapon. Nobody else world, was because we were so strong like the Iraqi Scud missile. presumably had that until a few years we won the war decisively in a very The THAAD battery will allow Mem- later. short period of time with very limited bers to see firsthand the success we Yet we were shocked in June when American casualties. have had to date in building what will the North Koreans invaded South Mr. Speaker, we are taking a big become a very capable system. The un- Korea and almost pushed the South chance today, because under the Clin- fortunate part of this is that it is going Korean forces and the Americans that ton Administration’s leadership, we to take several years before this sys- tried to stem the tide into the sea. We have cut our military almost in half. If tem will be available. But I want to en- the balloon goes up today, we cannot tried to hold them up at the Osan Pass, courage Members to walk over to the win a Desert Storm war as decisively the 25th Infantry Division that we flew Rayburn courtyard and see for them- as we did just a few years ago. in, MacArthur flew in from Japan, was selves how far we have come in terms cut to ribbons. The commander, Gen- f of building a comprehensive system. eral Dean was, in fact, captured by SECURITY POSTURE IN AMERICA In fact, it has been this body, both North Korean forces. THREATENED Democrats and Republicans, over the past 3 years that have increased fund- We held the Pusan Peninsula by our The SPEAKER pro tempore. Under a ing for these programs, at a time when toenails and finally started to push it previous order of the House, the gen- the administration wanted to contin- up to the northern part of the penin- tleman from Pennsylvania (Mr. ually decimate and decrease funding sula. Then, interestingly, the theme WELDON) is recognized for 5 minutes. that the leaders had that nobody would Mr. WELDON of Pennsylvania. Mr. for these very important programs. mess with us because we had the high Speaker, I rise as we complete legisla- The second event will occur the sec- technology and the nuclear weapon was tive work this week, in anticipation of ond day, on Thursday of next week, further devastated when the Com- next week when we will begin the when 2,000 of America’s finest Amer- munist Chinese invaded South Korea. markup process for one of the largest ican fire and domestic defenders, our The point isn’t that we are any bills we do each year, and that is the emergency services personnel, will dumber than we were in 1950 and/or defense authorization bill. As my col- travel to Washington for our tenth an- maybe we were dumber than we are league just discussed, we are in a mas- nual dinner, where on Thursday night now, and maybe we have leaders today sive downsizing mode that I think is at the Washington Hilton we will pay that know something those people heading us right for a train wreck at tribute to these brave heroes. didn’t know. My point is that the the turn of the century in terms of our These individuals will come from events of the world are unpredictable security posture. every State in the Union, they will rep- and that we today are taking a high You are going to be hearing signifi- resent every major community, large level of risk by dramatically cutting cant amounts of comments and speech- cities like New York, small towns our defenses. es and activities over the next four across America, and they will come The American people need to know weeks as members of our committee, with one common purpose: that is, for that. They need to know that the mas- all 57 members, get involved in educat- us to be able to recognize their serv- sive savings, so-called savings that ing Members of this body, and the ices. President Clinton is showing the world American people about where we are in But something different will happen proudly and showing the American peo- terms of our state of readiness. I want that day, Mr. Speaker. On Thursday, at ple proudly, the millions of dollars that to call attention to my colleagues two noon, there will be a massive rally and he has pulled out of programs, have events that will take place next week. demonstration at this Capitol building, primarily been pulled out of national First of all, Mr. Speaker, the largest where the fire and EMS providers in security. loss of military life that we have had in every congressional district in this We have dramatically cut back our this decade was back 7 years ago when country will gather for a massive rally national security. And we do not know 28 young Americans were killed by a at noon, after having surrounded this what this world is going to bring us. I scud missile, a low complexity scud Capitol building with fire and emer- am reminded of the fact that when we missile shot from Iraq into a barracks gency services apparatus, to make a had our assembled intelligence appara- in Saudi Arabia. That missile dev- statement. tus and our intelligence leaders in astated the lives of 28 young Ameri- The statement is a simple one: As front of us, and we asked them a few cans. this Congress and this administration April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2305 has increased funding for response to At the end of the session, Jack Kemp from our ag folks, it is not to continue terrorism acts, to the potential use of was leading the session, but there were funding the programs to allow coun- weapons of mass destruction, and for other experts there on the IMF, and at tries to buy grain and some of our agri- the disasters that would result from the end of the session I started asking culture products, the $18 billion is to those, from increases in funding for the questions that I think most people in expand this program that we heard Defense budget, the Department of Jus- Wisconsin, if they had sat in on this from the leading experts is not work- tice budget, the Health and Human thing, would have logically started ing. Services budget, the FEMA budget, and asking. Mr. GUTKNECHT. Mr. Speaker, will the Department of Energy budget, none The first one I asked is, how much the gentleman yield? of that money is in fact siphoning have we given the IMF already of the Mr. NEUMANN. I yield to the gen- down to those people who are where taxpayers’ money? Thirty-six billion tleman from Minnesota. the rubber meets the road, who are the dollars, is the answer. Mr. GUTKNECHT. Mr. Speaker, I Nation’s first responders in each of What do they want now? What are thank the gentleman for yielding. I ap- these situations. they asking for? They are asking for preciate this special order tonight. The demonstration on Thursday, that $18 billion more of the taxpayers’ I was at that briefing, as well. I must will be loud and vocal, to which I invite money. tell the Members, it was eye-opening. all of our colleagues from both parties, The most incredible thing, and this is When we look at what they are asking will focus on the fact that this Con- what this is dedicated to tonight, the for, I was reminded that somebody gress and the administration need to incredible part of this is, as we heard once observed that the definition of in- understand that in working to prepare on the floor during this debate, do not sanity is doing more of what you have this Nation to deal with disasters, es- worry about it, the IMF does not cost always done and expecting a different pecially those involving weapons of any money. If the IMF does not cost result. mass destruction, we need to provide any money and we do not have to raise If we look at what has happened in the support to the 1.2 million men and any taxes to put this money over there, Asia, where they have gone in and women in the 32,000 departments, 85 then why are we talking about $18 bil- forced some of the Asian economies to percent of whom are volunteer, who lion that we are somehow going to give raise taxes, to devalue their currency, protect this country every day. them? Again, only in Washington could then they are surprised when, ulti- I am also asking our colleagues, Mr. we have this kind of discussion. mately, that has a devastating impact Speaker, to reach out and invite fire But I did not stop there. I started on the economy, and it just seems to and EMS personnel from across the asking some more Wisconsin common- me this is wrongheadedness elevated to country, and especially in this region, sense kinds of questions. The next one an absolute art form. to travel to Washington on Thursday I asked is, they had gone through this When we heard some of the examples to send a signal throughout this Cap- whole thing about how wherever the today of what has happened in Asia and itol, with a massive rally at noon right IMF was, America was viewed as an what happened in Indonesia, what has outside the steps of this Chamber, that enemy, not as a friend. So I said, now, happened in other parts, what hap- we will no longer tolerate the consider- wait a second, if the IMF is not work- pened in Hungary, for example, and ation of our fire and EMS personnel as ing today, why would we want to put then they are coming in and saying, by second-class citizens, that they deserve more money into the system? the way, what we need is another $18 the top priority in preparing this Na- I asked another what I consider com- billion from the American taxpayers, tion to deal with disasters, both man- monsense question: Does the IMF have and, incidentally, we want no debate made and the potential use of terrorist enough money in the system today to on this, we want you to do this as part devices. keep going and doing what it is doing? of a supplemental emergency bill so f And the amazing thing to me is they that there is no debate here in Con- THE INCREDIBLE THINGS answered that question, yes, they do. gress, no debate here on the floor of the HAPPENING IN THIS COMMUNITY So I asked what I considered another House, so people do not have any The SPEAKER pro tempore. Under commonsense question: How much chance to ask some serious questions, the Speaker’s announced policy of Jan- money do they have? They have $40 bil- it really illustrated what is wrong with uary 7, 1997, the gentleman from Wis- lion of liquid assets today, $40 billion things here in Washington. in the IMF of liquid assets today. But We have a lot of things here in Wash- consin (Mr. NEUMANN) is recognized for 60 minutes as the designee of the Ma- that is not the end. They have $35 bil- ington that are wrong, a lot of things jority Leader. lion in gold, beyond that. On top of that need to be questioned, and this Mr. NEUMANN. Mr. Speaker, I that, they have borrowing power of $25 certainly is one of them. We have our thought I would dedicate tonight’s spe- billion. friend here, the gentleman from Colo- cial order to the incredible things that So this agency that is asking us to go rado, and I would like to hear from him are happening here in this community. to the American taxpayers and get the as well. I could not get on a plane home be- $18 billion that is not going to cost our Mr. MCINNIS. Mr. Speaker, will the cause we got out of session too late to- government anything, even though we gentleman yield? night, so I am kind of like putting my- are going to put it in the IMF, the Mr. NEUMANN. I yield to the gen- self back in Wisconsin and looking at amazing thing is they already have all tleman from Colorado. Washington and just looking at how of this liquid cash on hand. Mr. MCINNIS. Mr. Speaker, I appre- some of the most incredible things in So I started asking what I thought ciate my colleague yielding to me. the world are going on right out here was a logical question. I said, they Mr. Speaker, we all grew up with the in this city today. have got $100 billion available already. same thing, and my father and mother I am going to start with one of the What are they going to do with the $18 told me many times when I saw a great issues that was talked about today and billion they are now asking us to col- bargain, my father would always say, actually we voted on today, and that is lect from the American taxpayers that as yours did, just remember, nothing is the IMF issue. is not going to cost the government free. Nothing is free. You always pay Out in Wisconsin, if you said IMF to any money? something. the average person out there, I am not It turns out that this program, on But under this IMF request for $18 sure they would even know what IMF which they spent 45 minutes describing billion, Secretary Rubin and members is or what it is for or any of the rest of why it was not working and what was of the administration say, it is not that. Frankly, I came out of the pri- wrong with it, the $18 billion is not to going to cost the taxpayer one dime. vate sector and had no political experi- fund the program as it exists today, We heard it today. We have made a new ence, so today I had an opportunity to the $18 billion is to look at this pro- discovery. The American people should sit in on an educational session on gram that they all say is not working be thrilled. They have discovered what the IMF is and how it actually and expand the program. money that is free. Why send the IMF goes about lending money and what it The $18 billion is not for the ag in- $18 billion, since it is free? We might as is all about. dustry and the concerns that I hear well send them several trillion dollars. H2306 CONGRESSIONAL RECORD — HOUSE April 23, 1998 Of course, it is not free. Where it When the IMF goes in and devalues ing. I would like to tell him that was comes from are the hard-working peo- the currency in a foreign country, what excellent, and we certainly are appre- ple of all of our constituencies who that means is it makes their goods ciative of the products that are pro- have never even imagined $18 billion. cheaper to ship to the United States duced in our districts back home. And where is it going? One of the and any American-made goods more Mr. GUTKNECHT. I always try to things that concerns me is that this expensive to ship to their country. bring it along to the meetings we have country was based on the checks and So how in the world did we have my on Thursday mornings. It has become balances of the private marketplace, of colleagues on the other side of the almost a tradition. People who have capitalism. When you mess up, you go aisle, supported en masse by the unions not enjoyed it recently, we do rec- broke. If you do not produce a product of this country, come out here and vote ommend that Spam. You just warm it that should satisfy the consumer, peo- to not just keep the IMF where it is, up in the microwave or fry it, and it is ple quit buying the product and you because it already has the money to do a wonderful product. have to revise the product. the things it is doing now, but vote to More importantly, it is a wonderful But do Members know what happens expand the IMF that is going into product for export. This is a product with this IMF money? They are going these countries and encouraging this that we can export anywhere in the to take this $18 billion, let it follow devaluation of their dollar system, so world. Asia loves to buy more Spam. money that they have already shipped that their goods become cheaper to But when you devalue currencies, when over there; and, by the way, they will ship into our country and our Amer- you raise taxes, as the IMF is rec- be back, especially if they think the $18 ican-made goods, produced by our ommending to many of these econo- billion is easy money and free money American workers, with American mies, it really is the wrong prescrip- out of the United States Congress. jobs, become more expensive in their tion. Besides, they are insulated. The IMF countries? b 2045 has never talked, the executives of the I started this thing kind of light- IMF, in my opinion, have never once hearted tonight, because this city is so It is a little like giving poison to talked to a taxpayer in my district, ridiculous, but when you get into these someone who is already weakened. This never once gone to somebody pumping things, it is infuriating that we would is like the old remedies that they had gas at the gas station, never once take the taxpayers’ money from our during the Dark Ages where if a pa- stopped by the ranch and talked to the country, give it to an organization that tient had a fever, they would do blood- ranch hand and said, hey, you are the is going to go to a foreign country, en- letting. And that is exactly what the guy paying me, let me tell you what courage that foreign country to de- IMF has been doing to so many econo- this is doing. value their dollar so they can ship mies. It is the wrong remedy and wrong Mr. GUTKNECHT. If the gentleman their goods to America cheaper, and prescription. will continue to yield, Mr. Speaker, not our American-made goods and our And what is the answer that we are only do they not talk to the taxpayers, American jobs, those goods get more asked to deliver? More taxpayers’ the people in Colorado, the people in expensive. money to do exactly the wrong thing. Wisconsin, the people in Minnesota, It is just incredible the way things Mr. MCINNIS. Mr. Speaker, I would they will not talk to us. They will not work in this city. just like to say that the summary of tell us what exactly they intend to do. Mr. GUTKNECHT. Mr. Speaker, if what the IMF is asking us to do is to They will not tell us what their poli- the gentleman will continue to yield, it subsidize the IMF so they can turn cies are. is even worse than that. They have around and subsidize mismanagement. Mr. MCINNIS. It is because it is free. gone to a lot of our farmers, and obvi- These economies, these large private They think they can just go to the ously we have lost market share in families that took private risks now Congress and the money is going to Asia. Whether you are shipping milk want the American taxpayer, who by flow in. Of course, as I was saying, that and cheese in Wisconsin, whether you far is the largest contributor to the money that goes over to these coun- are shipping pork and other commod- IMF fund, they want the American tax- tries, what we are doing there, there ities from Minnesota or whatever, beef payer to subsidize overseas their mis- are many private enterprises. and other products from Colorado, a lot management, their miscalculation and Now, in the past with the IMF, what of our farm groups have said, we have their risk. We do not even do it for a they have done in the history of the to do something to get these farm mar- farmer in our district that does not get IMF, they have bailed out governments kets back. We certainly agree with the prices he needs for his milk. We do of countries that got into trouble, that. not go in there and bail them out. We where the entire government was on But if we take Indonesia, for exam- do not reward mismanagement. But we the verge of collapse. This time, it is ple, and we take their currency, and we do with this. different. This time, the IMF is going devalue it by 10 or 15 or 20 or 50 per- I appreciate the opportunity to visit in to families, private families, who as- cent, 50 percent I think was the num- with both of my colleagues this sume the risk, and they are going to ber in Indonesia, how much can they evening and have a discussion about bail these families out of a misjudg- really buy from us? The fact of the this, because this is an issue which, as ment. They took a risk. matter is they cannot buy anything the gentleman from Wisconsin (Mr. What we are saying is that we are from us anymore, whether it is Spam, NEUMANN) said, it is an issue that is now making any kind of business ven- whether it is cheese, whether it is beef, complicated. It is hard to understand tures outside of the boundaries of our or whether it is any other product from what IMF stands for, but it is impor- country risk-free. All you have to do is the United States. We are really hurt- tant for us. go out, throw out a few hundred mil- ing ourselves. I appreciate my colleagues including lion dollars, if you lose it, come to Mr. NEUMANN. And that is the thing me in this conversation this evening to Washington, come to us, and get the that our agriculture industry needs to try to at least get the message out to money. understand. If this organization goes in our colleagues: Take a second look at Mr. NEUMANN. The amazing thing with this policy of devaluation and this deal. Money is not free. Somebody to me is when you understand what the they devalue the dollar in Indonesia by is paying for it. And in these cir- policy of the IMF is. They have gone 50 percent, that effectively makes our cumstances, all of our constituencies into these countries. They have en- farm products that much more expen- are paying for this $18 billion to be couraged these countries to devalue sive to ship in Indonesia, and it effec- shipped, wired out of here and wired their dollar. tively shuts the markets down. over to these mismanaged inter- Let us translate that so our folks un- Before I end this part of our con- national economies. derstand exactly what that means, be- versation here this evening, though, I Mr. GUTKNECHT. If the gentleman cause it is incredible. It is absolutely would like to come back to the gen- would yield, I think many of us in Con- incredible that the folks, my col- tleman from Minnesota and com- gress would be willing to do something leagues from the other side of the aisle, pliment him on bringing his Spam from to try and strengthen the economies in supported this effort today. his district to our meetings this morn- Asia. I think historically the American April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2307 people have been more than generous ance the budget here in Washington. What they did was dramatically re- with people around the world. We un- They realized it was a serious problem duce the ability of a business profes- derstand the importance of world facing America and they concluded the sional to write off that particular din- trade. We want to strengthen those only thing they could possibly do is ner or lunch with clients where they economies. raise taxes on the American people and were selling as part of business, and in But before we give $18 billion to this they did. real estate that is how we did our busi- fund, I think that we in Congress have And I heard my colleague, the gen- ness. It is just incredible to me that to- a right to some serious discussion and, tleman from Mississippi (Mr. TAYLOR) night the White House is celebrating more importantly, some real answers tonight, and so much of what he said I these tax increases. to some of these questions about what absolutely agreed with, but he said Mr. GUTKNECHT. Only in Washing- is their policy. What exactly are they that spending was going up at slower ton, only in Washington dominated by trying to impose upon these economies, rates before we got here and that is the liberals would we have a birthday and what in the end will it really mean just plain not right. party, in effect, a anniversary party of in terms of world trade? During the first two years of Demo- the fifth anniversary of the largest tax Will it mean stronger world trade? crat control when they had a Democrat increase in the history of the world. Stronger economies? Better markets House, a Democrat Senate and a Demo- Only in Washington. for American-grown products and pro- crat President, spending rose at 3.7 per- Mr. NEUMANN. Does the gentleman duced goods? Or will it in fact have the cent, almost twice the rate of Bush’s know what they are saying over there? adverse consequences that we have last year. The reason they needed tax They are saying that this tax increase seen in the past? increases in 1993 was to fund an in- somehow balanced the budget. I have I would yield to my colleague from creased rate of spending. There are no brought a couple of notes with me. Colorado. ifs, ands or buts about this. Mr. GUTKNECHT. One of my favorite Mr. MCINNIS. And another thing we I brought a couple of charts with me quotes is from John Adams, and John might ask is, when are they going to tonight. Maybe we should go through a Adams had something to do with writ- pay us back? I think that is a pretty few more of the tax increases of 1993 ing our Constitution. And John Adams logical question. Somebody borrows before we bounce to them. If anyone often said, ‘‘Facts are stubborn money from the bank, the bank says thought they did not have their taxes things.’’ And you have some charts not only when are they going to pay it increased in 1993, listening to the which help demonstrate the facts. back, but how are they going to pay it Washington rhetoric, I would under- Mr. NEUMANN. The gentleman is ab- back? stand that because they tried to play solutely right. Facts are stubborn The other thing is that in an econ- this off as a tax increase on the rich. things. Let us get some facts on the omy we have to let correction take When we start thinking about, who it table to understand that that tax in- place. There has to be that cycle of cor- is that they defined as rich, it becomes crease in 1993 was not the right answer rection. And what we are doing is real- a fascinating discussion as well. to get to a balanced budget. ly we are doing an injustice to this First, if someone was a senior citizen What I have is a chart and this top country. We are avoiding the correc- getting a Social Security check and line shows where the deficit was going tion, the necessary correction by bail- they earned $32,000 a year or more, in 1995, two years after this tax in- ing it out. That correction will not their Social Security tax rate went up. crease, if we passed the President’s take place and the next correction they They started paying taxes on a whole budget. I do not know how I could get hit with is going to be much, much bunch more Social Security. So the make it clearer. This shows where the harder. first group of people that this hit sol- deficit was going after the tax increase Again, we need to move on to some idly was moderate, low-income senior if we passed the President’s budget. other subjects, but I do appreciate my citizens that earned $32,000 a year or I mean, this is not like maybe this colleagues and I appreciate the time more. They paid more taxes. might have happened. Any person in that they have allowed me to join them If anyone thinks they are not rich be- America can pull this up on the Inter- this evening. cause they are not in that group, let net and find this budget and find it Mr. NEUMANN. Mr. Speaker, we ap- me get to the next group. If Americans scored and they would find deficits in preciate the gentleman from Colorado own an automobile and they fill their excess of $200 billion, even scored by being with us. car up with gas, they are considered the President’s people. Scored by CBO As we started tonight, we talked rich under this tax increase package of it was up over $350 billion. about the incredible things, and I think 1993. The gasoline taxes increased 4.3 Mr. GUTKNECHT. Those are not our my colleagues would all like to be cents a gallon in 1993. And as incredible numbers. Those are from the non- home in their home districts where it as this seems, when they raised the So- partisan Congressional Budget Office. seems that common sense has a tend- cial Security taxes they did not put the That even after the enormous tax in- ency to prevail more so than it does money in Social Security. They spent creases of 1993, had we passed the here. I would like to jump to another it on other programs. When they raised President’s budget, the red line rep- topic that I find absolutely incredible. the gasoline tax, they did not spend it resents how much the deficit was going Over at the White House, the reason building roads. They put the money up over the next five years. that there is a lot of people gone to- into their social welfare spending pro- Mr. NEUMANN. The reason for that night is that they are having a party. grams. is very clear. The reason they raised They are celebrating the five-year re- Mr. Speaker, it is incredible. Small taxes is so they could spend more union of the biggest tax increase in business owners, I used to be in the money in Washington. Remember, this American history. Think about this. real estate business and the home is a picture that starts in 1995, two Out in Wisconsin we would celebrate building business. I would meet with years after the tax increase. The defi- tax cuts. We would celebrate lowering clients sometimes and we would start cits were nowhere near under control. the tax burden on the American people. at 8:00 in the morning and we would go When we were elected and came in We would celebrate restoring Social right straight through to noon. Real- here together in 1995, when we were Security and balancing the budget. But tors understand that if they have been elected to the House of Representatives we most certainly would not be out with their clients for four hours, they we came with a different idea. We un- there celebrating a tax increase on the buy them lunch. That is part of busi- derstood that reaching into the pock- American people. ness. At lunch the sale is discussed. ets of hard-working Americans and It is just absolutely incredible to me When they buy the property, the real- bringing more money to Washington that they would celebrate a tax in- tor makes a commission and pays taxes was not the right answer. We under- crease. For anyone who has forgotten on the commission. That is how this stood that the way to get this done was 1993, I think we ought to remember ex- thing works. That lunch with those cli- by controlling wasteful Washington actly what happened in 1993. ents that the realtor has been with for spending. In 1993, these people looked at the four or five hours, that is part of their This yellow line on the chart shows fact that they had not been able to bal- business expense. where we were after 12 months of us H2308 CONGRESSIONAL RECORD — HOUSE April 23, 1998 being in office. It is significantly bet- erally since the 1994 elections, because disguise the total of the Vietnamese ter, but still not done. in 1994 the American people finally said war plus the total cost of the great so- The green line shows the plan that enough is enough. This team has had ciety. And by taking all of that money we had to reach a balanced budget. And their chance now for 30 years, they from Social Security that was supposed I am happy to report the blue line have controlled Washington, they have to go into a trust fund and transferring shows what actually happened. And in controlled Congress, they have run up that into the general fund, they made fact for the last 12 months running, by deficits. the deficit look much smaller. In the Washington’s definition, but for the And I might just point out that one end, it is real money either way. last 12 months running the United of the most scary statistics about our Mr. NEUMANN. I just want to bring States Government actually spent less deficits and ultimately the debt, and up another point here because that money than they had in their check- we talk a lot about deficit and some- party in the White House tonight cele- book. times people get confused. There is a brating these tax increases; the gaso- Our colleague, the gentleman from difference between the national debt line tax increase, the increase on sen- Mississippi (Mr. TAYLOR), earlier this and the deficit. Deficits are annual. iors, increase on small business owners, evening pointed out that that is not But we have run up a debt of over $5.5 it is so incredible that they would hold really a balanced budget. This is kind trillion on our kids and grandkids. a party to celebrate this. I wanted to of a sad thing here. Washington defines That is a scary statistic. But what is point out what happened after they a balanced budget is when the dollars scarier is how much we have to pay raised taxes in 1993, and what this in equals the dollars out. Part of those every year just to pay the interest on chart shows is exactly what happened dollars in are the Social Security that national debt. to interest rates as soon as they raised money. In the private sector where I I tell people in my district, because those taxes. come from, when I was running my Wisconsin and Minnesota are divided You see on the far side of this chart company I had a pension plan for em- by the Mississippi River, but every sin- is September of 1993; that is when they ployees. The money had to be put into gle dollar of personal income taxes col- passed the tax increase. What you see, the pension fund. lected west of the Mississippi River this climb right straight up, as soon as The Social Security money should be now goes to pay the interest on the na- they raised taxes, interest rates start- put away. But what the gentleman tional debt. If that is not a scary sta- ed climbing. And they climbed right from Mississippi misses in my opinion tistic, I do not know what is. straight through until November of is that by controlling this growth of The charts that we have there, and I 1994, when we elected a Republican Washington spending we have, in fact, want you to talk about it a bit, dem- Congress. And why did it change in No- reached a balanced budget, even by vember of 1994? It changed because the onstrates how much we have actually Washington’s definition, for the first people understood that we became slowed the rate of growth in spending time since 1969. committed to controlling Washington here in Washington since we came and The definition that they have been spending, and we were not going to go became part of that historic 104th Con- using, even with all of that Social Se- out and raise more taxes on the hard- gress. curity money in there, they have had working people of this country. not a single solitary 12-month period of Mr. NEUMANN. That is what is so in- So what happened when we got here time since 1969 where they did not credible about the party that they are is they slowly, gradually started to un- spend more money than they had in holding in the White House tonight to derstand that we were serious about their checkbook. So it is a monu- celebrate the tax increase. For good- getting Washington spending under mental accomplishment. The gentle- ness sakes, if we look at what has hap- control because here is what happened man’s point that we still have a long pened, the red shows how fast spending next. Those interest rates started tum- ways to go is absolutely true. was going up before we got here. The bling. The reason they started tum- So I want to start with this picture reason they raised taxes in 1993 was to bling is because when Washington to make it very, very clear that raising pay for this spending increase. spends less money, they borrow less taxes did not lead us to a balanced This is how fast spending is going up money out of the private sector. budget. Raising taxes, the President’s now with the new Congress since 1995. When there is less money coming out proposal in 1995 has a huge deficit star- Notice there is a 40 percent decrease in of the private sector to Washington, ing us in the face. It was only when we the growth of Washington spending. It that, of course, means there is more started controlling Washington spend- is this difference between here and here money available in the private sector. ing that we actually started getting to that has gotten spending under control With more money available in the pri- a balanced budget. and gotten us to a point where we have vate sector, and increased availability Mr. GUTKNECHT. If the gentleman actually spent less money in the last 12 of money, it does not take Einstein to would yield, I think it really illus- months than in our checkbook. figure out, with more money available, trates the difference between the two Every time I say that I acknowledge the interest rates went down. philosophies. One says, and the people the Social Security problem. It is the You can see they have been consist- who are celebrating down at the White old Washington definition. I sincerely ently below this point since we were House the largest tax increase in the hope that our class is successful in here, some ups and downs as you go history of the world, those people are moving this city forward to defining a forward, but they have always stayed saying the problem was that the Amer- balanced budget as something that we consistently below where they were at ican people were not paying enough would accept in Wisconsin or Min- the peak after they raised taxes. That taxes. What the American people be- nesota. is why it is just incredible. lieve, and we believe, is the problem Mr. GUTKNECHT. We ought to use Are they celebrating over at the was that there was too much Washing- the same kind of accounting that every White House that the American people ton spending. business uses and every family uses. that wanted to buy a house or car got I think we have proven and we can Unfortunately, we are still stuck with to pay more interest? What is it that demonstrate with some of your other the old accounting standards used by they are celebrating over there? Are charts that by eliminating 300 pro- Washington since 1964. they celebrating they got to pay more grams, by beginning to get control of taxes, or are they celebrating they got b 2100 those entitlements, including welfare, to pay more interest for their taxes including Medicare spending, by doing I might mention a lot of people, a lot and cars? that we have come closer now, in fact of Members who are watching this in I keep coming back to, I guess I by the old Washington accounting their offices, and others, they really should have been on a plane back to standards, for the first time since Neil need to understand that in 1964 in Wisconsin tonight where we get back Armstrong walked on the face of the many respects Washington changed the to some common sense out there. It is moon we will in fact have a balanced accounting standards. They went to incredible in this city that they are budget this year. what is called a unified budget, and holding a party to celebrate, for good- It seems to be an incredible coinci- many believe that the real reason that ness sakes, to celebrate higher taxes dence that all of this has happened lit- they did that is because they wanted to and higher interest rates. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2309 Mr. GUTKNECHT. I might just point under control so we can restore Social with kids, the single common factor in out about that chart, it is no secret Security, start paying down the Fed- higher crime, more likeliness to have that interest rates peaked on election eral debt, that $5.5 trillion debt that drug problems, teen pregnancy, teen day of 1994. They trended down dra- our colleague from Mississippi so elo- smoking, the single uniting factor in matically after the people on Wall quently talked about before, the people those issues. It was parental time with Street, and more importantly the peo- that believe that controlling Washing- the kids or parental connectedness. It ple on Main Street began to believe ton spending is the right way to restore is not just about charts and numbers; that the new Congress was serious Social Security, pay down the debt and it is about the families out there in about controlling spending. You see a get the tax rate under control, those America that get to keep an extra $150 couple of blips up there. folks should be voting on the Repub- a month in their pocket because of the I think those correspond almost ex- lican ticket. The people that believe fact that the spending got under con- actly with those periods when it looked higher taxes is the right answer to do trol and the rates came down. as if we were going to lose that fight in the same things, they ought to be vot- Add that to the tax cut rate, and let terms of balancing the budget and pay- ing Democrat. us hope some of these families will not ing down some of the debt in this coun- Mr. GUTKNECHT. There really is a have to take a second and third job. try. And when the American economy, philosophical divide. Let us hope that some of our families when Americans, as I say, from Wall Mr. NEUMANN. Reclaiming for just will have more time to spend with Street to Main Street started to think a minute, I do want to point out, inter- their kids, and by parents spending that perhaps we were not going to suc- est rates peaked out in November of more time with kids, education will get ceed, we saw interest rates begin to 1994 when we were first elected. As much better. We will see lower crime trend upward. Main Street America started to under- rates. We will see lower drug use, fewer But generally speaking, they know stand we were serious, they got all the teen pregnancies. better sometimes than the pundits and way down here. It was almost a full They looked at 12,000 students. This the pollsters and whatever that it has year later, if you remember, a full year is a given fact. If parents spend more been the Republican Congress since we later we were in that government shut- time with their kids, the probability came here in 1994 that has put a lid on down period. that the kids are going to have drug Federal spending and said the problem This peak occurs shortly after we problems, crime problems, teen preg- is not that Americans do not pay folded in the government shutdown be- nancy, smoking problems, the enough taxes. cause the American people thought we likeliness of the student or the young The problem is that Washington were going to go right back to the old teenager being involved with these spends it so rapidly. If I could just spending ways. As they figured out things decreases dramatically. close with this on this particular issue, that that was not true, you see the in- Mr. GUTKNECHT. Let us talk a lit- there was a farmer in my district who terest rates coming back down again. tle bit about what has happened in said it so well and so simply, better So the idea that we can control spend- America over the last 30 years with the than I can say it, and I quote him, and ing directly impacts these interest other team in control. I was fortunate; I am sorry, I do not have his name. But rates, and we should not just talk I was raised in the 1950’s. So were you. he once, I was out meeting with farm- about this in terms of the numbers and You are a little bit younger than I am. Mr. NEUMANN. Late 1950’s, early ers one day and he said, talking about these lines up here. Let me talk about 1960’s. Federal spending and the deficit and this in a little different way. Mr. GUTKNECHT. Nonetheless, let the debt, he said the problem is not If the interest rate falls by 2 points us talk about what it was like growing that we do not send enough money into on a family that has bought a home for up in the 1950s. In the early 1950s, the Washington. He said the problem is $100,000, that means that they keep in average American family sent to Wash- that you guys spend it faster than we their house $2,000 extra money or ington about 4 percent of their gross can send it in. And that, I think, is the roughly $160 a month that they get to income. And I was really fortunate be- best way to say it. decide how to spend for themselves. cause my mom and dad could raise me The problem was not that Americans This is not even taxes we are talking and two brothers, three boys in our were not paying enough taxes. They about. This is simply because the inter- family on one paycheck. can celebrate down in the White House est rates are lower because Washington Mom was always there when we came because I think it demonstrates to the has got its spending under control. home from school, when we were doing American people more clearly than If you take a family of five that went things around the house, mom was anything else that those folks believe out and bought a three-bedroom, two- there. Things have changed a lot in the that the problem has been that the bathroom ranch in our neck of the last 30 years. Back then they paid 4 American people were not paying woods, probably $110- $115,000 type percent of their gross income to the enough in taxes. We believe that the home, they have got $100,000 mortgage Federal Government. Today, the aver- American people were right in saying on it. This means that in that family age family sends 25 percent of their that the real problem was that Wash- those parents get to decide what to do gross income to the Federal Govern- ington spent it too fast. We have with an extra $150, $160 a month. Let ment. What a difference that makes. slowed that spending rate dramati- me translate that even further. Today, the average family spends cally. As a result, we have a balanced If this family is looking at this $150 a more on taxes than they do for food, budget. month and they do not have to spend it clothing and shelter combined. And Mr. NEUMANN. I sincerely hope that on the interest, and they also look at that is what is really driving a lot of the American people will pay attention the tax cuts that were passed because the things you are talking about be- to this particular situation and to the the spending is under control so they cause we have changed the nature of party that is going on over there at the have this extra money in their house, the family. We have decided somehow White House tonight, and I really mean these families may be able to make the in Washington that we could spend this sincerely. I think every American decision to not take a second and third money smarter than the American citizen who believes higher taxes is the job. And when they do not take the family, that by creating more and right way to solve the economic prob- second and third job that they would more government programs that some- lems facing our country, and there are have otherwise had to take to pay the how we could improve the moral and some out there, they should all vote for higher interest rates, to pay the higher the social fabric of this country. The the Democrat ticket in the fall of this taxes that they are over there celebrat- facts just do not bear that out. year. ing about, if they would have had to As a matter of fact, most Americans I think everybody who believes that take that second job, that means they now believe that the fabric, the moral we should control Washington spend- cannot spend the time with their kids. fabric of our country today is in worse ing, they should be voting for the Re- When they do not spend time with shape than it was back in the 1950s. publican ticket; that believe that taxes their kids, I have been talking about More government programs clearly are are already too high, taxes should this 12,000-student survey done here re- not the answer. Strengthening the cor- come down, we should get spending cently, when parents do not spend time nerstone that makes our society work, H2310 CONGRESSIONAL RECORD — HOUSE April 23, 1998 strengthening the American family ly says is that under the old policies of us to a real balanced budget. It is ex- really is the answer. the past with higher taxes and more citing to think about. Mr. NEUMANN. I might add on the spending, the market was growing at By the way, I hope people make prof- moral front, I think we need strong about 18 percent, had grown about 18 it. I sincerely hope that the people that leadership in our Nation. I think the percent. Since the American people have invested in this stock market leadership of our Nation needs to set said enough is enough, and let us elect make profit and make money. That is the example and needs to be an exam- a whole new team to run things, and what investing is all about in America. ple that people both around the world let us control spending instead of just It is not evil and rotten in America to as well as our own teenagers and our raising taxes. In fact, let us control make an investment and make a profit own kids can look to. I have one more spending and allow families to keep from it. chart that I would like to briefly talk more of what they earn and invest, the Now that tax rate on that profit, it about that just lends more to the in- market has grown by 136 percent. used to be $28 out of every $100 we credibleness of that party that is going So they are celebrating the failed earned or made on our investment on over at the White House tonight policies of 18 percent and we are talk- came to Washington. Now it is only $20 celebrating tax increase. ing about growth of 136 percent. And out of every $100. So it went down from This shows the level of the stock you are right, in the end it really is 28 percent down to 20 earned. market. This is between here, and the about quality of life and a lot more I found we need to mention the other far side of the chart is between the tax people can enjoy a higher quality of side of this. If they are earning less increase and when we were first elected life when you have a stronger market, than $40,000 a year, it is amazing how to office. This becomes pretty signifi- lower interest rates. You can have an many people are still in the stock mar- cant, again not because the, not just economy that is growing at 3 and 4 per- ket and bonds even in the low and mod- the Dow Jones has soared as much as it cent, which we believe it should grow erate income brackets. If they are has. It becomes significant because in at, than you can with an economy that earning less than $40,000 a year, the our society today when I am at town is only growing at 1.8 percent. capital gains tax rate dropped from 15 hall meetings and I ask how many peo- We have not even talked about the down to 10. So, again, it is not only ple own a stock or a bond or a mutual real impact in terms of welfare and this picture of the growing stock mar- fund, I mean virtually every hand in what we have done for poor people and ket, it is the impact on real lives of the room goes up. allowing people to get on the ladder real people by reducing the tax rate. So we are now talking about not just and climb that ladder of success and go The next topic that we talked about, numbers and the Dow Jones, we are from poverty and get that job and if it is all right if we move on. talking about Main Street America, we begin to grow and invest and grow with Mr. GUTKNECHT. I think we should. are talking about families in this economy. My colleague mentioned several times Jaynesville and Beloit and Racine. We about the old accounting standards and b 2115 are talking about regular American how we use Social Security to make families that own stocks and bonds. I think the most exciting thing that the deficit look smaller. I think we And what happens is since we were has happened since my colleague and I need to talk about it. Because the elected, we got spending under control, came to Washington is that we cut the truth of the matter is, and I think the the interest rates came down; no big welfare roles by 2.2 million American American people understand, we have surprise. People started buying more families. And a lot of people thought, made enormous progress, if we look at houses and cars. when we were talking about reforming where we were just 4 years ago in The economy got very strong because welfare, they said, this is an account- terms of the deficit going up. with low interests rates and available ing exercise, and it is just about saving As a matter of fact, we need to be re- capital there is more jobs available and money. Well, welfare reform is not so minded that when the Congressional naturally we expect the economy to be much about saving money as it was Budget Office scored the President’s strong. And that is exactly what is re- about saving people. It was about sav- budget back in 1995, shortly after we flected in this chart as the Dow Jones ing families. It was about saving chil- came here, they said by the year 2002 rose dramatically since we were elect- dren. It was about saving those kids we would be looking at deficits of $322 ed in 1994, late 1994. Again, I think from one more generation of depend- billion. And that is when we began to what is important, here we are talking ency and despair. roll up our sleeves. We have eliminated about the opportunity for people in our I think one of the greatest victories 300 programs. We have dramatically age group, people in their 50’s and peo- we have had since my colleague and I changed the way the entitlements ple in their 60’s to retire and have a came to Congress is this victory over worked. We reformed welfare and Medi- better life-style than what perhaps welfare. We have got a long ways to go, care and Medicaid. We made a lot of they would have otherwise had because but enormous progress has been made. changes. And, as a result, we cut the they have got their money invested in Mr. NEUMANN. Reclaiming my time, rate of growth in Federal spending by these stocks and bonds and mutual I would like to point out one other about 40 percent. So where we were 4 funds so when they sell them off, of thing that is very, very important years ago was headed towards disaster. course, they are going to get to keep when we look at this picture and rise Where we are today is that the econ- more money. Hopefully, that means a in the stock market and we see the omy is stronger, the deficit under the better life-style for them. number of people that now own stocks old accounting standards is gone. And I So this chart and this talk about and bonds and mutual funds in Amer- think my colleague and I have been budget numbers, that is all nice, but ica, I think we should also talk about working on some of the numbers. My what is really important is that when the fact that, because Washington is colleague does a better job, it seems to somebody reaches age 65, if they put under control, as they make this addi- me, than almost anybody in Washing- their money back in down here, the tional profit, as they make more profit, ton in terms of predicting where the stock market is up here now, when of course, they pay more taxes and economy is going and what it is going they take those bonds and cash them make the problem easier to solve, but to mean to our budget. and get the money, they can now live a now the tax is already at a lower rate My colleague is predicting, and better life-style, provide better health because, last year, for the first time in frankly I agree, that we are going to care for themselves and their family, 16 years, we actually lowered taxes. see a surplus by the end of this fiscal provide a better life-style in general What a direct contrast between what year of somewhere in the area of $50 than they otherwise would have been they are celebrating over there in the billion. That is good news. But what able to do. It is not just numbers and White House, the biggest tax increase gets even better as we look forward, we charts and graphs, it is about a better in American history, and what has hap- are going to see surpluses perhaps if we life-style and the opportunity for a bet- pened since then where we are now able continue to exercise the kind of fiscal ter life-style. to lower taxes while still achieving, al- discipline that we have for the last Mr. GUTKNECHT. Those numbers beit the Washington definition, the couple of years. If we continue that are a little small to read. What it real- first significant step towards getting kind of discipline, we can actually see April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2311 surpluses in the area of $250 to $300 bil- both inflation and real growth in the den on the American people. We can do lion. And what a great debate to have. economy, these large surpluses start to all three of those things if we just man- And now we can start talking about appear. age to stay under control with spend- how do we save Social Security? How In all fairness, if I were the American ing in this city. do we make some of those changes per- people and I were listening to this con- We talked about some incredible manent so we can begin to guarantee cept that we might actually have these things here and we talked about how our kids a better standard of living and large surpluses, I would use the line sometimes common sense in Washing- a better quality of life in the future? ‘‘show me the money’’ to believe it. ton and Wisconsin and Minnesota are I would be happy to yield back. Be- But I would point out, a year ago we very, very different. I would like to cause I say, nobody in Congress has were on this floor doing special orders, bring up one more topic, and then I done a better job than my colleague predicting surpluses in fiscal year 1998, would like to take the last few minutes has of creating a model and a computer and they were laughing at us. to kind of close with a vision where we model so that we really have a blue- We are now on the floor, and it is a are going on the future. print of where we can go in the future. given fact, that the United States Gov- The topic I would like to bring up is Mr. NEUMANN. I do think it is im- ernment will spend $50 billion less than the needle exchange. This is perhaps as portant. And when I listened to the it has in its checkbook this year. So incredible as any discussion I have ever gentleman from Mississippi (Mr. TAY- what they were laughing at a year ago seen in this city. What they are propos- LOR) earlier tonight, my colleague, who is reality today. ing that we do, and as a matter of fact, I have the greatest respect for, most Mr. GUTKNECHT. If the gentleman the law was actually passed that this everything he said, I really agree with would yield, I remember on the floor of happened, is that the United States except for the pessimistic side of it. We this House, in fact, he came and we did Government provide clean needles to do not have to be pessimistic in Amer- some town hall meetings, one in Wi- drug users. Just think of it. We are not ica. We do not have to say our best nona, Minnesota, and one in Mankato. talking about legal medication here. days are behind us. And I think a lot of people thought we We are talking about illegal drug users I will never forget at basketball were crazy then when we said there was being able to turn in their dirty nee- games. I coach a lot. As a matter of a very good chance that we would actu- dles and get brand new ones. fact, we just signed up for a couple ally balance the budget this year. This What is really incredible about this more tournaments that my son and was a year ago. And my colleague and is when they started to implement the some of his friends in school will be I were a very small fraternity then who program in various parts around the playing in, one in Kenosha, one up in believed not so much that we believed country, they traded in one dirty nee- Omro, Wisconsin, and perhaps one in at what was being done in Congress, I dle and got 39 new ones. Now, I do not Oconomowoc. And we get into these think the real thing was we believed in know what my colleague thinks about basketball games and sometimes we the American people. this. But in my mind it does not take are behind at halftime. And I like to The American people do not need a Einstein to figure out that if they compare this to what has happened in big incentive. They do not need large turned in one dirty needle and got 39 America over the last 20, 30, 40 years. incentives to do what they have done new ones, the United States Govern- We are behind right now. But when throughout the generations. And lit- ment just became an agent in promot- we get into halftime and we are down erally since the pilgrims landed at ing the use of drugs in the United by 12 points in a basketball game, I al- Plymouth Rock, the history of this States of America; and that is pa- ways tell our young players, in the country has been that people would thetic. first half of this game they beat us by work, they would invest, they would I am happy to say that at least tem- 12 points. Now we got the second half. save, they would produce and ulti- porarily they have stopped this needle Let us go out and make sure we beat mately produce more wealth for more exchange program. But the law is still them by 13 points so we actually win people. on the books, and that law needs to be the game. The marvelous thing about this free changed. It is incredible that we would We do not have to conclude because enterprise system we have in the in this city decide that the right way of the problems we have in America United States is that it has an enor- to solve drug problems is to somehow today that our best days are behind us. mous propensity to produce wealth not trade dirty needles in for clean needles. We can go out and play the second half just for the wealthy but for all Ameri- It is just incredible that we would of this game, the second half of our cans. make that sort of decision. lives, if you like, and we can make sure John Kennedy reminded us back in Mr. GUTKNECHT. I do not think the that by 20 or 30 years down the road, a the sixties that a rising tide lifts all people back in Wisconsin or Minnesota, generation from now, we can make boats, and that is what we are seeing in at least the common-sense people sit- sure we have done the right things to this economy. It is not perfect. There ting around the coffee shops and the restore this Nation. I do not think we are still people being left behind. And feed mills, I mean they would say this have to be pessimistic about the fu- we have to be aware of that and do is crazy, especially when we are sup- ture. what we can to pull our brothers along. posedly having a war on drugs. My colleague was talking about what But the American people are doing In fact, what makes it even more bi- is happening around us right now. We what they have always done before, zarre is we have some folks in Washing- do not have to do anything different and that is they have been investing ton who want to have this war on to- than the first 3 years we have been in and saving and producing. They have bacco. And, on the one hand, we are office. We just have to hold the con- been growing wealth and growing jobs going to do everything we can, and I straints on spending. If we hold the and growing the economy. And, as a re- certainly support the notion of doing constraints on spending that we have sult, we have more revenue than any- everything we can to try and keep kids had here, government spending is going body except perhaps my colleague from starting smoking, but, on the up at roughly the rate of inflation. So would have predicted just a year ago. other hand, we have some of the most let no one out there misconstrue this, Mr. NEUMANN. The good news is, if dangerous drugs which we know, for that somehow it is being twisted or we get to a point where this does keep example, if they are a heroin addict ul- dramatically cut back somehow. It is going, we keep spending under control timately it will kill them; and some- not. Government spending is still going and revenue just keeps growing like it how we have this bizarre notion that up at the rate of inflation, too fast in has been for the last 3 or 4 or 5 years we will make it safer by providing my opinion. and it just keeps doing what it has clean needles to heroin addicts. But for all the people around the been doing, these $250 billion surpluses This is sort of the tortured logic that country, it seems to be a rate they are not far off. That means we can both has run this city for too long, and I have learned to live with over the last put the money aside for Social Secu- think we have got to get back to some 3 years. If we can keep government rity and start paying down the Federal of those old-fashioned notions, things spending going up at the rate of infla- debt so our children might inherit a like personal responsibility and ulti- tion, because revenues go up because of debt-free Nation and lower the tax bur- mately calling things the way they are H2312 CONGRESSIONAL RECORD — HOUSE April 23, 1998 and saying we have got to do every- Let us go to the social side for just a nancy, in the seventh, eighth, or ninth thing to keep people from using heroin minute. On the social side, I think edu- month of a pregnancy that they would rather than making it easier for them cation is the number-one problem fac- partially deliver a baby, and then with to use heroin with cleaner needles. ing the United States of America. Our the baby going to live if they finish the Mr. NEUMANN. We have spent an kids have dropped to 21st in the world delivery, at the last second, they would hour here tonight talking about some in education. I think the right answer kill the baby in this abortion. A sev- of the incredible things going on in this to education is not Washington going enth, eighth or ninth month killing of city from IMF funding to the strange out and spending more money on edu- a baby that would otherwise live is way that we found support in this Con- cation. The right answer on education what a partial birth abortion is, and gress for IMF funding today. We found is empowering our parents to be ac- that is just plain wrong. that people that voted against it were tively involved in deciding where our Wherever you are at on the abortion people that we might have thought kids go to school, what they are issue, I know from the State of Wiscon- might vote for it, especially people taught, and how they are taught it. sin, in the House of Representatives, that represent union districts support- If we can just empower our parents the people that are pro-choice that are ing an agency that is encouraging de- to be actively involved in the kids’ Democrats, the people that are pro- valuation of the dollar. Which means education, all kinds of things will choice that are Republicans, the people foreign goods come in cheaper and our change. It is the right way to bring that are pro-life Democrats and pro-life American made goods cost more, which education back up. More Washington Republicans, all of them voted to end means we lose American jobs. control, more Washington dollars. Tak- partial-birth abortions in America. We talked about the party going on ing that responsibility away from the When I think about a social agenda, at the White House where they are parents is the wrong answer. The right I do not believe that our free society celebrating tax increases, where what answer is parental involvement in the now understanding what is happening we ought to be doing is celebrating the education system. in a partial-birth abortion can allow tax cuts from last year. And we talked Now I am going to refer back to that this to continue. It is one thing to not about the needle exchange. understand it; it is another thing to I would like to kind of conclude this study I talked about before of 12,000 know about it and not do something evening by not talking about some- teenagers. When parents are more ac- about. thing incredible, but rather talking tively involved in their kids’ school, there is a side benefit. When parents I would like to close tonight with a about where we might go in the future thought that I think about regularly. I with this great Nation that we live in; are more actively involved in what think about this country and where we and I would like to kind of present a vi- their kids are learning, there is a side are at and where we have come over sion here for where we might go with benefit. And the study of 12,000 teen- the last 40 years. I think about the America both from an economic front agers pointed it out directly. problems in the White House and the and from a social front. Let me start b 2130 message that that is sending to our on the economic side because we have There is an immediate impact. The kids, and I think about all of these so- talked about it already a little bit to- more parents that are involved with cial problems facing America and the night. their kids, the less likely it is that the On the economic side, I think the education problems, and I think about kids will be involved with crime, the first thing we need to do is make sure the financial problems. These words less likely it is the kids will be in- that Social Security is safe and secure just keep ringing in my ears. I keep volved with drugs, the less likely it is for every senior citizen in the United hearing these words that, in order for that the kids will have teen preg- States of America. I believe our seniors evil to succeed, good people need only nancies, and the less likely it is the have the right to get up in the morning sit idly by and watch. teens will be smoking. and not worry about whether their So- I wonder, when generations look So when we talk about those social cial Security check is going to be back on our generation, and they ask problems facing America, the single there. So the first thing economically, what kind of people were these? Were most important thing that we can do is let us make sure Social Security is safe these the people that sat quietly by, empower our parents to get more ac- for our senior citizens. were these the good people that sat tively involved with our kids. Second, we have got a $51⁄2 trillion quietly by while evil succeeded during debt staring us in the face. Let us start Both sides of this issue, both sides of their generation? making payments on that debt, much this chart are intertwined in that, if we Folks, we over the next 10, 15, 20 like we would pay off a home mort- can reduce the tax burden from $37 out years, will we be the people that said gage, and let us pay off the debt so our of every $100 the people earn down to enough is enough? We are not going to children can inherent a debt-free na- $25 out of every $100 the people earn, spend our children’s money anymore. we will be in a position where parents tion instead of having a legacy of a $51⁄2 We are not going to take that money trillion debt. are no longer forced to take a second out of the Social Security Trust Fund. The third thing, the tax rate is too and a third job. The taxes are too high, and we are high. The tax rate in America, if we When they do not take the second going to get it down. We are going to look at State, local, Federal, property and third job, they will have more time pay off this debt so our kids get a debt- taxes, if we look at all taxes people to spend with their kids. More time in- free nation. pay, $37 out of every $100 they earn in volved with their kids’ education will We have had it with our kids being America today goes to taxes of some automatically improve the education 21st in education in the world. They form. So on this economic side, let us of their kids. And as they spend more are going to be number one again. get a vision. Restore Social Security so time, the side benefits of less crime, When they are number one with our our seniors are safe, pay off the debt so less drugs, fewer teen pregnancies, and parents more actively involved in their our children can inherent a debt-free less teen smoking is an automatic out- lives, the crime rate goes down, the nation, and let us get that tax burden come based on the survey that we just drug use goes down, teen pregnancies down to not more than $25 out of every looked at. Again, the survey of 12,000 are fewer, less teen smoking. We end $100 the people earn, instead of the $37 teenagers, the survey is accurate. partial-birth abortions. that it currently is. The last thing I would mention on Are we going to be the people that A lot of people would say that is pie- the social side is something I did not history looks back on and say that was in-the-sky vision. I tell my colleagues, really understand when I first came to the people in our society, that was the 3 years ago if we said we were going to Congress 4 years ago. I did not under- people in America that said enough is balance the budget by 1998, they would stand what a partial-birth abortion enough. The good people would no say that was pie-in-the-sky. I believe in was. I am pro-life, so I understood the longer stand idly by and watch evil America and I believe what our people abortion issue reasonably well, but I succeed. They are the people that stood can do in this great country that we did not understand partial birth. up and took this country back and pro- live in. It is possible to achieve these When someone first explained to me vided our children with a safe, secure economic goals. that, in the third trimester of a preg- moral future. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2313 REMOVAL OF NAME OF MEMBER While all the facts about the F–16 The combination of the oil resources AS COSPONSOR OF H.R. 3156 deal are still somewhat in dispute, in Azerbaijan and Turkey’s position as Mr. COOKSEY. Mr. Speaker, I ask these recent reports are the latest indi- a NATO member have led to excessive unanimous consent that my name be cation of a growing military and politi- tolerance, in my opinion, on the part of removed as a cosponsor of H.R. 3156. cal alliance between Turkey and Azer- our State Department for these two re- The SPEAKER pro tempore (Mr. baijan, a very troubling development in gimes and their growing military part- GUTKNECHT). Is there objection to the terms of peace, stability, and democ- nership. request of the gentleman from Louisi- racy in this strategically important I just hope, Mr. Speaker, and this is ana? Caucasus region. the last thing I would like to say to- There was no objection. Both Turkey and Azerbaijan con- night on this subject, is I just hope f tinue to maintain blockades of their that the proposed Turkish-Azerbaijani neighbor, Armenia. These blockades, F–16 sale will be where we finally draw REPUBLIC OF TURKEY SEEKING which are both illegal and immoral, the line in our support for this un- U.S. APPROVAL have made it extremely difficult for democratic regime and the dangerous The SPEAKER pro tempore. Under much-needed emergency food, medi- situation that the F–16s might pose if the Speaker’s announced policy of Jan- cine, and energy supplies to reach the this sale were ever allowed. uary 7, 1997, the gentleman from New people in Armenia, including supplies Now, Mr. Speaker, if I could, I would Jersey (Mr. PALLONE) is recognized for sent by the American people. like to switch now and talk again brief- 60 minutes as the designee of the mi- In addition, Azerbaijan continues to ly about the situation in India. I would nority leader. refuse to compromise on negotiations like to make a very positive state- Mr. PALLONE. Mr. Speaker, I do not to achieve a settlement over the ment, if I could, about the recent visit plan to use very much of the hour this Nagorno Karabagh conflict. Nagorno to India by some of our U.S. officials evening, probably about 15 or 20 min- Karabagh is a region that has been pri- representing the President. I speak utes. marily populated by Armenians for today specifically about U.S. Ambas- My topic relates to foreign affairs centuries, which has proclaimed its sador to the United Nations, Mr. Bill and U.S. relations with two countries independence about 10 years ago, but Richardson, a former colleague of ours that I feel very close to. One is Arme- which continues to be claimed by Azer- in the House of Representatives; As- nia. I happen to cochair the Armenia baijan. As a matter of fact, Azerbaijan sistant Secretary of State for South Caucus in the House of Representa- also continues to maintain a blockade Asia, Mr. Karl Inderfurth; and Director tives. And also India, another country of Nagorno Karabagh, causing signifi- for South Asia in the National Secu- where I cochair our Members’ caucus cant human hardship there as well. rity Council, Mr. Bruce Reidel, who re- that we have with approximately 100 Mr. Speaker, when I was in the re- cently made a very successful trip to Members, in the case of the India Cau- gion earlier this year in the Caucasus, India. cus, and I think 65 or so in the Armenia in the frontline area of Karabagh, Indian and American officials associ- Caucus. which was the target of constant sniper ated with the trip have stated that the I would like to turn first to the situa- fire from Azerbaijani forces, I became meetings were conducted with excep- tion in Armenia. I should say really aware of a very disturbing fact, which tional warmth, which can only indicate threats, if you will, to the Republic of I would like to point out this evening. that U.S.-India relations have never Armenia, and also the Republic of The equipment that was being used been stronger. Nagorno Karabagh that are coming, by the Azerbaijani forces, from the I wanted to say, Mr. Speaker, that once again, from its neighbors. weapons right down to the uniforms, Ambassador Richardson and Secretary I would like to specifically address a were American and NATO supplies, Inderfurth have traveled to South Asia very troubling situation involving the provided to Turkey and then funneled in preparation for President Clinton’s possible transfer of sophisticated U.S. to Azerbaijan. trip to the subcontinent, which was arms to Azerbaijan, an unstable and Of course, Turkey, as we know, is a scheduled for this fall. As you know, undemocratic regime. There have re- NATO ally, despite the fact that, un- President Clinton’s trip to South Asia cently been press reports suggesting like the other NATO countries of North will be the first by an American Presi- that the Republic of Turkey, another America and Western Europe, Turkey dent that has taken place in over 20 neighbor of Armenia, is seeking U.S. is a country with numerous restric- years. approval to sell F–16 fighter planes, as- tions on democratic and civil liberties These meetings were not intended to sembled in Turkey, but based on a U.S. and a terrible human rights record. produce high-level agreements, but license, to the Republic of Azerbaijan. But while Turkey is a NATO mem- they gave senior administration offi- According to the press reports, the ber, Azerbaijan is not, and it should cials the opportunity to meet with sen- idea of arms sale emerged during talks not be receiving American military ior officials from the newly elected In- between government officials from the equipment, particularly not anything dian government. The government in two countries regarding a Turkey- as sophisticated and dangerous as F–16 India changed hands. It was an election Azerbaijan defense agreement. aircraft. Turkey should not be supply- in March, and a new government took Mr. Speaker, for the transfer of the ing such equipment to other nations. office in early April. Numerous issues F–16’s to take place, Turkey would Mr. Speaker, Azerbaijan is not ex- were discussed with our U.S. officials have to seek permission from the actly one of the democratic success and the new government, and I am United States and also of NATO. I have stories of the former Soviet Union. In pleased to see that the talks were very come to the House floor tonight to ask fact, the leader of Azerbaijan, Heydar positive. my colleagues to join me in urging our Aliyev, is a former Communist Party I wanted to talk about some of the administration to reject any such pro- boss who seized power in a coup and issues that were discussed, because I posal and discourage Turkey’s growing has led an authoritarian regime ever think they are important. The U.S. del- role as an arms supplier to such vola- since. He has not permitted opposition egation spent much of its time encour- tile regions as the Transcaucasus and political organizations or a free media. aging the reassumption of dialogue be- the Middle East. More shocking, while oil wealth be- tween India and Pakistan. This was In the next few days, I will be seek- gins to pour into the Azeri capital of something that the previous Prime ing signatures for letters to our Presi- Baku, President Aliyev has done noth- Minister Gujral had encouraged quite a dent and other key national security ing to relieve the suffering of his own bit. officials in opposition to the Turkish people in the countryside of Azer- Talks between these South Asian sale of F–16’s to Azerbaijan. Indeed, Mr. baijan. Yet, it is precisely the huge oil neighbors had abruptly ended in Sep- Speaker, it is inconceivable to me, and wealth and Azeri territory in the Cas- tember just prior to the new election I think to most of the American people pian Sea that has led Western Govern- cycle when both countries failed to re- that our military, diplomatic, and in- ments, including, I am sorry to say, solve their differences over Kashmir. telligence agencies would even con- our own government, to tolerate and Fortunately, soon after Ambassador template such a proposal. promote this antidemocratic regime. Richardson and Secretary Inderfurth H2314 CONGRESSIONAL RECORD — HOUSE April 23, 1998 had left South Asia, reports indicated and cleaner nuclear environment. So cus is to promote more trade and in- that talks between the two countries again, this is a very positive develop- vestment by U.S. businesses in India. It may resume after a summit meeting of ment. is very important to see that the move the Indian and Pakistani Prime Min- b 2145 towards a market economy, towards isters during the SAARC meeting in privatization, continues under the aus- July. So we are very hopeful that we During the meetings that took place pices of this new government. are going to see the reassumption of with Ambassador Richardson and Sec- There was a lot of attention paid dur- these talks, and I was very pleased to retary Inderfurth the United States ing this recent trip to the so-called see that our representatives encour- also acknowledged India’s bid for per- strategic dialogue that has been initi- aged the reassumption of the dialogue manent membership on the United Na- ated by U.S. officials, and I would like between India and Pakistan. tions Security Council. to see the strategic dialogue extended Mr. Speaker, both the United States Now basically what the U.S. position into the defense area. and India also, I would note, were very is, and they basically stated it again at During the trip Defense Minister willing to discuss sensitive and con- this meeting, is that the U.S. endorses George Fernandez and the U.S. delega- troversial issues. For example, Ambas- Security Council reform and the U.S. tion agreed that more cooperation was sador Richardson stated that the supports the inclusion of Germany and needed in technology and military-to- United States will continue to work Japan and one country each from Latin military exchange, and I think that with the Indians in curbing the devel- America, Asia and Africa. The United India, Mr. Speaker, can be a bulwark opment of the nuclear weapons pro- States, however, would allow the re- against the expansion of China’s mili- gram, but that the nuclear issue would gions to determine who their rep- tary in Asia. India should be more inte- not dominate the dialogue between the resentatives would be. grated in my opinion into the U.S. de- two countries. So United States is saying that there fense framework, and it should be able The U.S. Delegation informed Indian should be another Asian representa- to buy military equipment and supplies officials that the United States was tive, but it does not necessarily have to from the United States on an equal pleased that the Indians had shown re- be India. basis with other allies. The strategic straint after Pakistan had test-fired I have to say, though, that in private dialogue being fostered by the U.S. offi- the Ghauri missile. I would like to in- discussions with administration offi- cials’ recent trip I think will hopefully form Members of this body that the De- cials there is no question in my mind lead in this direction. fense Department is ready to consider that they support India’s bid, and I And finally, Mr. Speaker, my overall sanctions against Pakistan following hope that the United States public pol- goals and the goals of the India Caucus the firing of the missile. icy will ultimately be supportive of include bringing India and the United A spokesman from the Pentagon re- India being a permanent member of the States closer together, making India cently stated, and I quote, that the Security Council. more of a foreign policy priority for United States has imposed sanctions There was also discussion between the United States and, again, increas- against Pakistan in the past under the the U.S. and Indian officials during ing U.S. trade with and investment in Missile Technology Control Regime. this recent trip on the need to fight India. And I believe very strongly that We are continuing to review the par- terrorism. Ambassador Richardson had this recent trip by U.S. officials to ticular case and that review was in its called on India’s prime minister and India has clearly helped to achieve advanced stages. home minister and had shared their these goals and is going a long ways to- I would like the administration to concern over Pakistan-sponsored ter- wards improving our relationship on look very closely at this issue. I am rorism in Jammu and Kashmir and in almost every level with India. concerned that China or North Korea other parts of India. f might have provided Pakistan with the Obviously, again, the United States technical information for the Ghauri needs to do more to fight terrorism, to LEAVE OF ABSENCE missile. The continued illegal transfer basically put pressure on Pakistan to By unanimous consent, leave of ab- of missile and nuclear technology may not encourage and to harbor and train sence was granted to: lead to further instability in South terrorists on its soil, and hopefully the Mr. MILLER of Florida (at the request Asia. That is why I continue to oppose comments that were made by Ambas- of Mr. ARMEY) for today after 1:00 p.m. the administration’s certification that sador Richardson and Mr. Inderfurth on account of attending his daughter’s will allow the United States to transfer will mean that the U.S. takes a more wedding. nuclear technology to China. proactive view and tries to basically Mrs. MEEK of Florida (at the request Mr. Speaker, China is known to have pressure, if you will, Pakistan into not of Mr. GEPHARDT) for today after 2:00 transferred nuclear technology to encouraging terrorism in Kashmir and p.m. on account of personal reasons. Pakistan, so we should not be transfer- in other places in south Asia. Mr. YATES (at the request of Mr. GEP- ring any kind of technology to China Both countries also discussed, very HARDT) for today after 6:00 p.m. on ac- that ultimately could be transferred to importantly I would say, the need to count of physical reasons. Pakistan. increase trade and investment. Finance f I would also like to note that, on the Minister Sinha was just in the United SPECIAL ORDERS GRANTED heels of Ambassador Richardson and States last week, this is the new fi- By unanimous consent, permission to Secretary Inderfurth’s trip, reports nance minister in India, in the Indian address the House, following the legis- from India indicate that the United government, and he assured U.S. busi- lative program and any special orders States and India are set to reinitiate ness leaders that the new BJP govern- heretofore entered, was granted to: ment was not anti-foreign investment civilian nuclear cooperation after 20 (The following Members (at the re- years. This partnership will focus on and that economic reforms would be quest of Mr. CAPPS) to revise and ex- accelerated with the new government. bilateral research projects and aimed tend their remarks and include extra- He recently stated that there was no at the improvement of the operational neous material:) doubt about the continuity of the re- safety of India’s nuclear power plants. Ms. NORTON, for 5 minutes, today. The first meeting between the two form process, and the finance minister Ms. CARLSON, for 5 minutes, today. countries is scheduled to take place in said that the Indian government would Ms. MILLENDER-MCDONALD, for 5 min- the U.S. later this year. U.S. law will seek foreign investment, particularly utes, today. govern the exchange of civilian nuclear infrastructure like roads, railways, (The following Members (at the re- officials. The proposed safety coopera- power, rural and high technology sec- quest of Mr. MCINNIS) to revise and ex- tion between our countries would not tors, and he assured investors that the tend their remarks and include extra- involve the transfer of technology or new government would continue the neous material:) controlled information or commodities deregulation process to help build a Mr. LATHAM, for 5 minutes, today. from the U.S. to India. But increased strong private sector. Mr. BRADY, for 5 minutes, today. dialogue on nuclear issues between our Now once again this is very impor- Mr. HUTCHINSON, for 5 minutes, two countries can only lead to a safer tant. One of the goals of our India Cau- today. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2315

Mr. METCALF, for 5 minutes, today. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Activities Division, Office of the Comptroller Mr. MCINNIS, for 5 minutes, today. tee on Banking and Financial Services. of the Currency, transmitting the Office’s 8595. A letter from the General Counsel, Mr. DELAY, for 5 minutes, today. final rule—Expanded Examination Cycle for Federal Emergency Management Agency, Certain Small Insured Institutions [Docket f transmitting the Agency’s final rule—Sus- No. 98–03] (RIN: 1557–AB56) received April 1, EXTENSION OF REMARKS pension of Community Eligibility [Docket 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the No. FEMA–7684] received April 6, 1998, pursu- Committee on Banking and Financial Serv- By unanimous consent, permission to ant to 5 U.S.C. 801(a)(1)(A); to the Committee ices. revise and extend remarks was granted on Banking and Financial Services. 8608. A letter from the Chairperson, Na- to: 8596. A letter from the General Counsel, tional Council on Disability, transmitting (The following Members (at the re- Federal Emergency Management Agency, the Council’s Annual Report for Fiscal Year transmitting the Agency’s final rule—List of 1997, pursuant to 29 U.S.C. 781(a)(8); to the quest of Mrs. CAPPS) and to include ex- Communities Eligible for the Sale of Flood Committee on Education and the Workforce. traneous matter:) Insurance [Docket No. FEMA–7685] received 8609. A letter from the Acting Adminis- Mr. HILLIARD. April 6, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); trator for Health Resources and Services Ad- Mrs. KENNELLY of Connecticut. to the Committee on Banking and Financial ministration, Department of Health and Mr. HAMILTON. Services. Human Services, transmitting the Depart- 8597. A letter from the General Counsel, Mr. LAMPSON. ment’s final rule—Grants for the Construc- Federal Emergency Management Agency, tion of Teaching Facilities for Health Profes- Ms. DELAURO. transmitting the Agency’s final rule— sions Personnel (RIN: 0906–AA39) received Ms. ESHOO. Changes in Flood Elevation Determinations April 7, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); Mrs. MEEK of Florida. [44 CFR Part 65] received April 6, 1998, pursu- to the Committee on Commerce. Mr. MENENDEZ. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 8610. A letter from the Deputy Director, Mr. NEAL. on Banking and Financial Services. OSG, Department of Health and Human Mr. TOWNS. 8598. A letter from the General Counsel, Services, transmitting the Department’s Federal Emergency Management Agency, Mr. KENNEDY of Massachusetts. final rule—Medicare, Medicaid, and CLIA transmitting the Agency’s final rule— Programs; Clinical Laboratory Require- Mr. KUCINICH. Changes in Flood Elevation Determinations ments-Extension of Certain Effective Dates Mr. KLECZKA. [44 CFR Part 65] received April 6, 1998, pursu- for Clinical Laboratory Requirements Under Mr. BARCIA. ant to 5 U.S.C. 801(a)(1)(A); to the Committee CLIA [HSQ–237–FC] (RIN: 0938–AH84) re- Ms. VELAZQUEZ. on Banking and Financial Services. ceived April 7, 1998, pursuant to 5 U.S.C. Mr. SHERMAN. 8599. A letter from the General Counsel, 801(a)(1)(A); to the Committee on Commerce. Federal Emergency Management Agency, Mr. SKELTON. 8611. A letter from the Director, Office of transmitting the Agency’s final rule— Regulatory Management and Information, Mr. POSHARD. Changes in Flood Elevation Determinations Environmental Protection Agency, transmit- Mr. KIND. [Docket No. FEMA–7249] received April 6, ting the Agency’s final rule—Approval and (The following Members (at the re- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Promulgation of Implementation Plans; quest of Mr. MCINNIS) and to include Committee on Banking and Financial Serv- State of Missouri [MO 046–1046; FRL–6001–2] extraneous matter:) ices. received April 21, 1998, pursuant to 5 U.S.C. Ms. ROS-LEHTINEN. 8600. A letter from the General Counsel, 801(a)(1)(A); to the Committee on Commerce. Federal Emergency Management Agency, Mr. MCINTOSH. 8612. A letter from the Secretary of Health transmitting the Agency’s final rule— and Human Services, transmitting a draft of Mr. WALSH. Changes in Flood Elevation Determinations proposed legislation to amend title XIX of Mr. GREENWOOD. [Docket No. FEMA–7236] received April 6, the Social Security Act to clarify and revise Mr. GALLEGLY. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the requirements regarding penalties for certain Mr. SOLOMON. Committee on Banking and Financial Serv- taxes on and donations by health care pro- Mr. GRAHAM. ices. viders; to the Committee on Commerce. Mr. RADANOVICH. 8601. A letter from the General Counsel, 8613. A letter from the Assistant Secretary Federal Emergency Management Agency, for Legislative Affairs, Department of State, Mr. BUNNING in two instances. transmitting the Agency’s final rule—Final transmitting a report on the progress made Mr. SMITH of Michigan. Flood Elevation Determinations (44 CFR toward opening the United States Embassy Mr. COLLINS. Part 67) received April 6, 1998, pursuant to 5 in Jerusalem, pursuant to Public Law 104–45, Mr. DAVIS of Virginia. U.S.C. 801(a)(1)(A); to the Committee on section 6 (109 Stat. 400); to the Committee on Mr. COBLE. Banking and Financial Services. International Relations. f 8602. A letter from the General Counsel, 8614. A letter from the President, Inter- Federal Emergency Management Agency, American Foundation, transmitting the ADJOURNMENT transmitting the Agency’s final rule—Final Foundation’s Fiscal Year 1997 Audited Fi- Mr. PALLONE. Mr. Speaker, I move Flood Elevation Determinations (44 CFR nancial Statements, pursuant to 22 U.S.C. Part 67) received April 6, 1998, pursuant to 5 283j–1(c); to the Committee on Government that the House do now adjourn. U.S.C. 801(a)(1)(A); to the Committee on Reform and Oversight. The motion was agreed to; accord- Banking and Financial Services. 8615. A letter from the Director, Adminis- ingly (at 9 o’clock and 50 minutes 8603. A letter from the General Counsel, tration and Management, Department of De- p.m.), under its previous order, the Federal Emergency Management Agency, fense, transmitting the Department’s final House adjourned until Monday, April transmitting the Agency’s final rule—Final rule—Defense Logistics Agency Privacy Pro- 27, 1998, at 2 p.m. Flood Elevation Determinations (44 CFR gram [Defense Logistics Agency Reg. 5400.21] Part 67) received April 6, 1998, pursuant to 5 received April 15, 1998, pursuant to 5 U.S.C. f U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Govern- EXECUTIVE COMMUNICATIONS, Banking and Financial Services. ment Reform and Oversight. 8604. A letter from the General Counsel, 8616. A letter from the Assistant Attorney ETC. Federal Emergency Management Agency, General for Administration, Department of Under clause 2 of rule XXIV, execu- transmitting the Agency’s final rule— Justice, transmitting the Department’s final tive communications were taken from Changes in Flood Elevation Determinations rule—Justice Acquisition Regulations [48 the Speaker’s table and referred as fol- (44 CFR Part 65) received April 6, 1998, pursu- CFR Chapter 28] received April 7, 1998, pursu- lows: ant to 5 U.S.C. 801(a)(1)(A); to the Committee ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Banking and Financial Services. on Government Reform and Oversight. 8593. A letter from the Deputy Chief, Pro- 8605. A letter from the Chairman, Federal 8617. A letter from the Chairman, Nuclear grams and Legislation Division, Department Financial Institutions Examination Council, Regulatory Commission, transmitting a re- of the Air Force, transmitting notification transmitting the Council’s 1997 Annual Re- port on the Commission’s Fiscal Year 1997 that the Commander of Hill Air Force Base port to Congress, pursuant to 12 U.S.C. 3305; Accountability Report, pursuant to 31 U.S.C. (AFB), Utah, has conducted a cost compari- to the Committee on Banking and Financial 3512(c)(3) Public Law 103–56; to the Commit- son to reduce the cost of operating grounds Services. tee on Government Reform and Oversight. maintenance, pursuant to 10 U.S.C. 2304 nt.; 8606. A letter from the Chairman, National 8618. A letter from the Attorney General, to the Committee on National Security. Credit Union Administration, transmitting Department of Justice, transmitting a copy 8594. A letter from the Director, Office of the 1997 Annual Report of the National Cred- of the Annual Report of the Attorney Gen- Legislative Affairs, Federal Deposit Insur- it Union Administration, pursuant to 12 eral for Fiscal Year 1997, pursuant to 28 ance Corporation, transmitting the Corpora- U.S.C. 1752a(d); to the Committee on Bank- U.S.C. 522; to the Committee on the Judici- tion’s final rule—International Banking Reg- ing and Financial Services. ary. ulations; Consolidation and Simplification 8607. A letter from the Administrator of 8619. A letter from the President, The (RIN: 3064–AC05) received April 14, 1998, pur- National Banks, Legislative and Regulatory Foundation of the Federal Bar Association, H2316 CONGRESSIONAL RECORD — HOUSE April 23, 1998 transmitting a copy of the Association’s the Department’s final rule—Airworthiness 801(a)(1)(A); to the Committee on Transpor- audit report for the fiscal year ending Sep- Directives; Pilatus Aircraft Ltd. Model PC–7 tation and Infrastructure. tember 30, 1997, pursuant to 36 U.S.C. 1101(22) Airplanes [Docket No. 97–CE–149–AD; Amend- 8640. A letter from the General Counsel, and 1103; to the Committee on the Judiciary. ment 39–10456; AD 98–08–07] (RIN: 2120–AA64) Department of Transportation, transmitting 8620. A letter from the Administrator, Fed- received April 13, 1998, pursuant to 5 U.S.C. the Department’s final rule—Airworthiness eral Aviation Administration, transmitting 801(a)(1)(A); to the Committee on Transpor- Directives; Dornier Model 328–100 Series Air- the Pilot Minimum Flight Time Require- tation and Infrastructure. planes [Docket No. 96–NM–119–AD; Amend- ments Study, pursuant to 49 U.S.C. 44935 nt; 8631. A letter from the General Counsel, ment 39–10432; AD 98–07–12] (RIN: 2120–AA64) to the Committee on Transportation and In- Department of Transportation, transmitting received April 13, 1998, pursuant to 5 U.S.C. frastructure. the Department’s final rule—Airworthiness 801(a)(1)(A); to the Committee on Transpor- 8621. A letter from the General Counsel, Directives; Stemme GmbH & Co. KG Models tation and Infrastructure. Department of Transportation, transmitting S10 and S10–V Sailplanes [Docket No. 97–CE– 8641. A letter from the General Counsel, the Department’s final rule—Airworthiness 127–AD; Amendment 39–10452; AD 98–08–03] Department of Transportation, transmitting Directives; Dornier Model 328–100 Series Air- (RIN: 2120–AA64) received April 13, 1998, pur- the Department’s final rule—Airworthiness planes [Docket No. 97–NM–62–AD; Amend- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Directives; Schempp-Hirth K.G. Models Nim- ment 39–10434; AD 98–07–14] (RIN: 2120–AA64) tee on Transportation and Infrastructure. bus-2B, Mini-Nimbus B, Discus a, Discus b received April 13, 1998, pursuant to 5 U.S.C. 8632. A letter from the General Counsel, Sailplanes [Docket No. 96–CE–19–AD; Amend- 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting ment 39–10439; AD 97–08–02 R1] (RIN: 2120– tation and Infrastructure. the Department’s final rule—Airworthiness AA64) received April 13, 1998, pursuant to 5 8622. A letter from the General Counsel, Directives; Robinson Helicopter Company U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting Model R44 Helicopters [Docket No. 98–SW–08– Transportation and Infrastructure. the Department’s final rule—Drawbridge Op- AD; Amendment 39–10461; AD 98–04–12] (RIN: 8642. A letter from the General Counsel, eration Regulations: Hutchinson River, NY 2120–AA64) received April 13, 1998, pursuant Department of Transportation, transmitting [CGD01–97–125] (RIN: 2115–AE47) received to 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Airworthiness April 13, 1998, pursuant to 5 U.S.C. Transportation and Infrastructure. Directives; Airbus Model A300–600 Series Air- 801(a)(1)(A); to the Committee on Transpor- 8633. A letter from the General Counsel, planes [Docket No. 95–NM–92–AD; Amend- tation and Infrastructure. Department of Transportation, transmitting ment 39–10451; AD 98–08–02] (RIN: 2120–AA64) 8623. A letter from the General Counsel, the Department’s final rule—Airworthiness received April 13, 1998, pursuant to 5 U.S.C. Department of Transportation, transmitting Directives; Eurocopter France Model SA 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Drawbridge Op- 330F, G, and J, and AS 332C, L, L1, and L2 tation and Infrastructure. eration Regulations: Richmond Creek, NY Helicopters [Docket No. 97–SW–27–AD; 8643. A letter from the General Counsel, [CGD01–98–013] (RIN: 2115–AE47) received Amendment 39–10462; AD 98–08–13] (RIN: 2120– Department of Transportation, transmitting April 13, 1998, pursuant to 5 U.S.C. AA64) received April 13, 1998, pursuant to 5 the Department’s final rule—Airworthiness 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on Directives; Saab Model SAAB 340B Series tation and Infrastructure. Transportation and Infrastructure. Airplanes [Docket No. 98–NM–49–AD; Amend- 8624. A letter from the General Counsel, 8634. A letter from the General Counsel, ment 39–10449] (RIN: 2120–AA64) received Department of Transportation, transmitting Department of Transportation, transmitting April 13, 1998, pursuant to 5 U.S.C. the Department’s final rule—Drawbridge Op- the Department’s final rule—Airworthiness 801(a)(1)(A); to the Committee on Transpor- eration Regulations: North River, MA Directives; Eurocopter France Model SA tation and Infrastructure. [CGD01–97–126] (RIN: 2115–AE47) received 365N, N1 and AS 365N2 Helicopters [Docket 8644. A letter from the General Counsel, April 13, 1998, pursuant to 5 U.S.C. No. 97–SW–21–AD; Amendment 39–10463; AD Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- 98–08–14] (RIN: 2120–AA64) received April 13, the Department’s final rule—Establishment tation and Infrastructure. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Class E Airspace; Cooperstown, ND Cor- 8625. A letter from the General Counsel, Committee on Transportation and Infra- rection [Airspace Docket No. 97–AGL–50] re- Department of Transportation, transmitting structure. ceived April 13, 1998, pursuant to 5 U.S.C. the Department’s final rule—Drawbridge Op- 8635. A letter from the General Counsel, 801(a)(1)(A); to the Committee on Transpor- eration Regulations: Sheepscot River, ME Department of Transportation, transmitting tation and Infrastructure. [CGD01–97–128] (RIN: 2115–AE47) received the Department’s final rule—Airworthiness 8645. A letter from the General Counsel, April 13, 1998, pursuant to 5 U.S.C. Directives; Aerospatiale Model ATR42–500 Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- Series Airplanes [Docket No. 98–NM–107–AD; the Department’s final rule—Amendment of tation and Infrastructure. Amendment 39–10457; AD98–08–08] (RIN: 2120– Class E Airspace; New Bern, NC [Airspace 8626. A letter from the General Counsel, AA64) received April 13, 1998, pursuant to 5 Docket No. 97–ASO–26] received April 13, Department of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule—Drawbridge Op- Transportation and Infrastructure. Committee on Transportation and Infra- eration Regulations: Presumpscot River, ME 8636. A letter from the General Counsel, structure. [CGD01–97–124] (RIN: 2115–AE47) received Department of Transportation, transmitting 8646. A letter from the General Counsel, April 13, 1998, pursuant to 5 U.S.C. the Department’s final rule—Airworthiness Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- Directives; Fokker Model F28 Mark 0070 and the Department’s final rule—Special Use tation and Infrastructure. Mark 0100 Series Airplanes [Docket No. 97– Airspace [Docket No. 29179; Amendment No. 8627. A letter from the General Counsel, NM–249–AD; Amendment 39–10450; AD 98–08– 73–8] received April 13, 1998, pursuant to 5 Department of Transportation, transmitting 01] (RIN: 2120–AA64) received April 13, 1998, U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Drawbridge Op- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. eration Regulations: Fore River, ME [CGD01– mittee on Transportation and Infrastruc- 8647. A letter from the General Counsel, 97–127] (RIN: 2115–AE47) received April 13, ture. Department of Transportation, transmitting 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8637. A letter from the General Counsel, the Department’s final rule—Revocation of Committee on Transportation and Infra- Department of Transportation, transmitting Class E Airspace; Spofford, TX [Airspace structure. the Department’s final rule—Establishment Docket No. 98–ASW–21] received April 13, 8628. A letter from the General Counsel, of Class D Airspace: Fayetteville (Spring- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Transportation, transmitting dale), AR [Airspace Docket No. 97–ASW–19] Committee on Transportation and Infra- the Department’s final rule—Airworthiness received April 13, 1998, pursuant to 5 U.S.C. structure. Directives; AERMACCI S.p.A. Models S.208 801(a)(1)(A); to the Committee on Transpor- 8648. A letter from the Acting Assistant and S.208A Airplanes [Docket No. 97–CE–140– tation and Infrastructure. Secretary for Employment and Training, De- AD; Amendment 39–10453; AD 98–08–04] (RIN: 8638. A letter from the General Counsel, partment of Labor, transmitting the Depart- 2120–AA64) received April 13, 1998, pursuant Department of Transportation, transmitting ment’s final rule—Unemployment Insurance to 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Airworthiness Program Letter [No. 18–98] received April 8, Transportation and Infrastructure. Directives; Pilatus Aircraft Ltd. Models PC– 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8629. A letter from the General Counsel, 12 and PC–12/45 Airplanes [Docket No. 97–CE– Committee on Ways and Means. Department of Transportation, transmitting 119–AD; Amendment 39–10438; AD 98–07–18] 8649. A letter from the Acting Assistant the Department’s final rule—Airworthiness (RIN: 2120–AA64) received April 13, 1998, pur- Secretary for Employment and Training, De- Directives; AERMACCI S.p.A. S.205 Series suant to 5 U.S.C. 801(a)(1)(A); to the Commit- partment of Labor, transmitting the Depart- and Models S.208 and S.208A Airplanes tee on Transportation and Infrastructure. ment’s final rule—Indian and Native Amer- [Docket No. 97–CE–144–AD; Amendment 39– 8639. A letter from the General Counsel, ican Welfare-To-Work Grants Program (RIN: 10455; AD 98–08–06] (RIN: 2120–AA64) received Department of Transportation, transmitting 1205–AB16) received April 1, 1998, pursuant to April 13, 1998, pursuant to 5 U.S.C. the Department’s final rule—Airworthiness 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Directives; Boeing Model 767 Series Air- Ways and Means. tation and Infrastructure. planes [Docket No. 98–NM–95–AD; Amend- 8650. A letter from the Chief, Regulations 8630. A letter from the General Counsel, ment 39–10448; AD 98–07–26] (RIN: 2120–AA64) Unit, Internal Revenue Service, transmitting Department of Transportation, transmitting received April 13, 1998, pursuant to 5 U.S.C. the Service’s final rule—Determination of April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2317

Issue Price in the Case of Certain Debt In- Environmental Protection Agency, transmit- HERGER, Mr. CANADY of Florida, and struments Issued for Property [Rev. Rul. 98– ting the Agency’s final rule—National Emis- Mr. HILLEARY): 23] received April 21, 1998, pursuant to 5 sion Standards for Hazardous Air Pollutants H.R. 3720. A bill to repeal the Bilingual U.S.C. 801(a)(1)(A); to the Committee on for Source Category: Pulp and Paper Produc- Education Act and for certain other pur- Ways and Means. tion; Effluent Limitations Guidelines, poses; to the Committee on Education and 8651. A letter from the Assistant Secretary Pretreatment Standards, and New Source the Workforce. for Import Administration, International Performance Standards: Pulp, Paper, and Pa- By Mr. BASS: Trade Administration, transmitting the Ad- perboard Category (RIN: 2040–AB97) received H.R. 3721. A bill to amend the Federal Elec- ministration’s final rule—Antidumping Du- April 14, 1998, pursuant to 5 U.S.C. tion Campaign Act of 1971 to reform the fi- ties; Countervailing Duties [Docket No. 801(a)(1)(A); jointly to the Committees on the nancing of campaigns for election for Fed- 950306068–6361–04] (RIN: 0625–AA45) received Joint Committee on Printing and Commerce. eral office, and for other purposes; to the April 7, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); 8662. A letter from the Secretary of the Committee on House Oversight, and in addi- to the Committee on Ways and Means. Treasury, Securities and Exchange Commis- tion to the Committees on the Judiciary, 8652. A letter from the Administrator, Na- sion, and Board of Governors of the Federal and Government Reform and Oversight, for a tional Aeronautics and Space Administra- Reserve System, transmitting Secretary of period to be subsequently determined by the tion, transmitting the Administration’s final the Treasury, the Securities and Exchange Speaker, in each case for consideration of rule—Duty-Free Entry of Space Articles Commission, and the Board of Governors of such provisions as fall within the jurisdic- (RIN: 2700–AC12) received April 1, 1998, pursu- the Federal Reserve System: Joint Study of tion of the committee concerned. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Regulatory System for Government Securi- By Mr. CHRISTENSEN (for himself, on Ways and Means. ties, pursuant to 15 U.S.C. 78o–5 nt.; jointly Mr. BARTLETT of Maryland, Mr. BE- 8653. A letter from the President, U.S. In- to the Committees on Commerce, Ways and REUTER, Mr. BURR of North Carolina, stitute of Peace, transmitting the Institute’s Means, and Banking and Financial Services. Mrs. CUBIN, Mr. DOOLITTLE, Ms. DUNN Fiscal Year 1997 Audit Report, pursuant to 22 f of Washington, Mrs. EMERSON, Mr. U.S.C. 4607(h); jointly to the Committees on ENSIGN, Mr. GANSKE, Mr. HOEKSTRA, Education and the Workforce and Inter- REPORTS OF COMMITTEES ON Mr. ISTOOK, Mr. MANZULLO, Mrs. national Relations. MYRICK, Ms. PRYCE of Ohio, Mr. 8654. A letter from the Deputy Director, PUBLIC BILLS AND RESOLUTIONS RAMSTAD, Mr. SESSIONS, Mr. SENSEN- OSG, Department of Health and Human Under clause 2 of rule XIII, reports of BRENNER, Mr. SHADEGG, Mr. SISISKY, Services, transmitting the Department’s committees were delivered to the Clerk Mr. TALENT, Mr. THOMAS, Mr. TRAFI- final rule—Medicare Program; Medicare Ap- for printing and reference to the proper CANT, and Mr. WOLF): peals of Individual Claims [BPD–453–FC] calendar, as follows: H.R. 3722. A bill to amend the Internal Rev- (RIN: 0938–AG18) received April 7, 1998, pursu- enue Code of 1986 to clarify the standards ant to 5 U.S.C. 801(a)(1)(A); jointly to the Mr. ARCHER: Committee on Ways and used for determining whether individuals are Committees on Commerce and Ways and Means. H.R. 3546. A bill to provide for a na- not employees; to the Committee on Ways Means. tional dialogue on Social Security and to es- and Means. 8655. A letter from the Executive Director, tablish the bipartisan panel to design long- District of Columbia Financial Responsibil- By Mr. COBLE: range Social Security reform: with an H.R. 3723. A bill to authorize funds for the ity and Management Assistance Authority, amendment (Rept. 105–493). Referred to the payment of salaries and expenses of the Pat- transmitting a report entitled ‘‘The Opening Committee of the Whole House on the State ent and Trademark Office, and for other pur- of District of Columbia Public Schools for of the Union. poses; to the Committee on the Judiciary. the 1998–1999 Academic Year,’’ pursuant to f By Mr. CUMMINGS (for himself, Ms. Public Law 105–100, section 143; jointly to the KILPATRICK, Ms. DELAURO, Ms. Committees on Government Reform and PUBLIC BILLS AND RESOLUTIONS Oversight and Appropriations. PELOSI, Mr. PALLONE, Mr. MEEHAN, 8656. A letter from the Acting Director of Under clause 5 of Rule X and clause 4 Mr. FROST, Mr. HOYER, Mr. COYNE, Communications and Legislative Affairs, of Rule XXII, public bills and resolu- Ms. BROWN of Florida, Mr. JACKSON, Equal Employment Opportunity Commis- tions were introduced and severally re- Mr. SCOTT, Mr. OLVER, Mr. LEWIS of sion, transmitting the Commission’s Annual ferred, as follows: Georgia, Mr. NADLER, Mr. HILLIARD, Report for Fiscal Year 1995, pursuant to 42 Ms. SLAUGHTER, Mr. LANTOS, Mr. By Mr. MCINNIS: KENNEDY of Massachusetts, Mr. U.S.C. 2000e–4(e); jointly to the Committees H.R. 3715. A bill to authorize the Secretary on the Judiciary and Education and the RUSH, Mr. FRANK of Massachusetts, of the Interior to convey the facilities of the Mrs. MALONEY of New York, Mr. Workforce. Pine River Project, to allow jurisdictional 8657. A letter from the Secretary of Trans- STARK, Mr. MOAKLEY, Ms. LOFGREN, transfer of lands between the Department of portation, transmitting a draft of proposed Mr. OWENS, Mr. KUCINICH, Mr. BOR- Agriculture, Forest Service, and the Depart- legislation to authorize activities under the SKI, Mr. GONZALEZ, Mr. BARRETT of ment of the Interior, Bureau of Reclamation, Federal Railroad safety laws for fiscal years Wisconsin, Mr. THOMPSON, Mr. MEEKS and the Bureau of Indian Affairs, and for 1999 through 2002, and for other purposes; of New York, Mr. BONIOR, Mr. CLAY, other purposes; to the Committee on Re- jointly to the Committees on Transportation Mr. DAVIS of Illinois, and Mr. PAYNE): and Infrastructure and the Judiciary. sources. H.R. 3724. A bill to provide for the continu- 8658. A letter from the Deputy Director, By Mrs. LOWEY (for herself and Mrs. ation of the demonstration program, known OSG, Department of Health and Human MORELLA): as the Healthy Start Initiative, that is car- Services, transmitting the Department’s H.R. 3716. A bill to amend the Public ried out by the Secretary of Health and final rule—Medicare and Medicaid Programs; Health Service Act to extend the program of Human Services as a program of grants to New Payment Methodology for Routine Ex- research on breast cancer; to the Committee reduce the rate of infant mortality; to the tended Care Services Provided in a Swing- on Commerce. Committee on Commerce. Bed Hospital [BPD–805–F] (RIN: 0938–AG68) By Mr. SOLOMON (for himself, Mr. By Mr. GREENWOOD: received April 7, 1998, pursuant to 5 U.S.C. WICKER, Mr. HASTERT, Mr. BARR of H.R. 3725. A bill to make the Occupational 801(a)(1)(A); jointly to the Committees on Georgia, and Mr. DELAY): Safety and Health Act of 1970 applicable to Ways and Means and Commerce. H.R. 3717. A bill to prohibit the expendi- the United States Postal Service in the same 8659. A letter from the Office of Inspector ture of Federal funds for the distribution of manner as any other employer; to the Com- General, Department of Health and Human needles or syringes for the hypodermic injec- mittee on Education and the Workforce, and Services, transmitting the Department’s tion of illegal drugs; to the Committee on in addition to the Committee on Government final rule—Medicare and State Health Care Commerce. Reform and Oversight, for a period to be sub- Programs: Fraud and Abuse; Issuance of Ad- By Mr. DELAY: sequently determined by the Speaker, in visory Opinions by the OIG (RIN: 0991–AA85) H.R. 3718. A bill to limit the jurisdiction of each case for consideration of such provi- received March 26, 1998, pursuant to 5 U.S.C. the Federal courts with respect to prison re- sions as fall within the jurisdiction of the 801(a)(1)(A); jointly to the Committees on lease orders; to the Committee on the Judici- committee concerned. Ways and Means and Commerce. ary. By Mr. GUTIERREZ: 8660. A letter from the Regulations Officer, By Mr. BARTLETT of Maryland: H.R. 3726. A bill to amend the Electronic Department of Health and Human Services, H.R. 3719. A bill to authorize the construc- Fund Transfer Act to require additional dis- transmitting the Department’s final rule— tion of a monument to honor those who have closures relating to exchange rates in trans- Health Care Programs: Fraud and Abuse; Re- served the Nation’s civil defense and emer- fers involving international transactions; to vised PRO Sanctions for Failing To Meet gency management programs; to the Com- the Committee on Banking and Financial Statutory Obligations (RIN: 0991–AA86) re- mittee on Resources. Services. ceived March 26, 1998, pursuant to 5 U.S.C. By Mr. DELAY (for himself, Mr. KING By Mr. LAZIO of New York (for him- 801(a)(1)(A); jointly to the Committees on of New York, Mr. SOLOMON, Mr. LIV- self, Mr. QUINN, Mr. HORN, and Mr. Ways and Means and Commerce. INGSTON, Mr. ARCHER, Mr. STUMP, Mr. BOEHLERT): 8661. A letter from the Director, Office of DOOLITTLE, Mr. CUNNINGHAM, Mr. H.R. 3727. A bill to provide loan forgiveness Regulatory Management and Information, ROHRABACHER, Mr. PAUL, Mr. for individuals who earn a degree in early H2318 CONGRESSIONAL RECORD — HOUSE April 23, 1998

childhood education, and enter and remain to House Resolution 388 memorializing Con- H.R. 1398: Mr. OBERSTAR. employed in the early child care profession, gress to authorize a ten-year extension of H.R. 1415: Mr. CUMMINGS. to provide loan cancellation for certain child the Delaware and Lehigh Navigation Canal H.R. 1492: Mr. CUNNINGHAM. care providers, and for other purposes; to the National Heritage Corridor Act and to au- H.R. 1521: Mr. BOYD and Mr. MCCRERY. Committee on Education and the Workforce. thorize continued Federal support for cor- H.R. 1570: Mr. SHERMAN. By Mr. OBEY: ridor projects; to the Committee on Re- H.R. 1689: Mr. RYUN. H.R. 3728. A bill to amend the Robert T. sources. H.R. 1766: Mr. DREIER, Ms. KILPATRICK, and Stafford Disaster Relief and Emergency As- 286. Also, a memorial of the Senate of the Mr. HILLIARD. sistance Act and other laws to return pri- State of Kansas, relative to Senate Resolu- H.R. 1773: Mr. BOYD. mary responsibility for disaster relief to the tion No. 1835 memorializing the United H.R. 2009: Mr. CALVERT, Mr. HILLIARD, Mr. States, to establish a private corporation to States Congress to enact legislation on tax- NEY, Mr. DEFAZIO and Ms. SANCHEZ. insure States against risks and costs of dis- ation of electronic commerce that will treat H.R. 2019: Mr. CLEMENT. asters otherwise borne by the States, and to in-state and out-of-state retailers in an equi- H.R. 2020: Mr. MARTINEZ, Mr. CALVERT, Mr. provide for reimbursable Federal assistance table fashion and help preserve the integrity FOX of Pennsylvania, Mr. SANDLIN, Mr. LAN- to States for activities in response to disas- of the tax systems of state and local govern- TOS, Mr. DOYLE, and Mr. MASCARA. ters, and for other purposes; to the Commit- ments; to the Committee on the Judiciary. H.R. 2023: Mr. FROST, Mr. FILNER, Mr. LAN- tee on Transportation and Infrastructure, 287. Also, a memorial of the House of Rep- TOS, Mr. BROWN of California, Mrs. MEEK of and in addition to the Committees on Agri- resentatives of the State of Pennsylvania, Florida, and Mr. KILDEE. culture, Small Business, and Banking and relative to House Resolution 296 memorializ- H.R. 2163: Ms. PRYCE of Ohio. H.R. 2351: Mr. SCHUMER and Mr. FATTAH. Financial Services, for a period to be subse- ing the Congress of the United States to H.R. 2409: Mr. HINCHEY. quently determined by the Speaker, in each enact legislation directing the Environ- H.R. 2538: Mr. BARTON of Texas, Mr. BRADY, case for consideration of such provisions as mental Protection Agency to return no less Ms. DUNN of Washington, Mr. FOSSELLA, Mr. fall within the jurisdiction of the committee than 80% of all fines and penalties collected HOSTETTLER, Mr. JONES, Mr. PAXON, Mr. concerned. from any municipality, its authorities or RYUN, Mr. SNOWBARGER, Ms. FURSE, Mr. By Ms. PRYCE of Ohio: agencies to same for the rehabilitation of the MARTINEZ, Mr. MORAN of Kansas, and Mr. H.R. 3729. A bill to ensure that prisoners existing facilities to required environmental LINDER. are not permitted unsupervised access to any standards; to the Committee on Transpor- H.R. 2549: Mr. PETERSON of Minnesota. interactive computer service; to the Com- tation and Infrastructure. H.R. 2568: Mr. BERRY. mittee on the Judiciary. 288. Also, a memorial of the Senate of the H.R. 2639: Ms. HARMAN and Mr. CONYERS. By Mr. SHAW (for himself and Mr. JEF- State of Tennessee, relative to Senate Reso- H.R. 2671: Mr. NADLER. FERSON): lution No. 106 memorializing the United H.R. 2678: Mr. FRANK of Massachusetts. H.R. 3730. A bill to amend the Internal Rev- States Congress to maintain the incentive H.R. 2704: Mr. DIXON. enue Code of 1986 to provide for the elimi- grant approach to accomplishing the shared H.R. 2713: Mr. GUTIERREZ. nation of certain foreign base company ship- public safety objectives and to refrain from H.R. 2714: Mr. GIBBONS. ping income from foreign base company in- imposing federal mandates to accomplish H.R. 2733: Mr. MURTHA, Mr. GUTIERREZ, Mr. come; to the Committee on Ways and Means. such objectives; to the Committee on Trans- DEAL of Georgia, Mr. YATES, Mr. CALLAHAN, By Mr. SKEEN (for himself, Mr. portation and Infrastructure. Mr. SHAYS, Mr. RUSH, Mr. ANDREWS, Mr. REDMOND, Mr. SENSENBRENNER, and 289. Also, a memorial of the Legislature of MCCOLLUM, Mr. MCDERMOTT, Ms. LOFGREN, Mr. PICKERING): the State of Idaho, relative to Senate Joint Mr. EVERETT, and Mr. MCNULTY. H.R. 3731. A bill to designate the audito- Memorial No. 106 memorializing the U.S. H.R. 2752: Mr. KIM and Mr. DREIER. rium located within the Sandia Technology Army Corps of Engineers and the Bonneville H.R. 2829: Mr. ENSIGN. Transfer Center in Albuquerque, New Mex- Power Administration to reassess the most H.R. 2876: Ms. STABENOW. ico, as the ‘‘Steve Schiff Auditorium’’; to the recent program recommendations and retain H.R. 2888: Mr. INGLIS of South Carolina and Committee on National Security. a policy of spreading the risks to assure per- Mr. BEREUTER. By Mr. TIAHRT: petuation of the salmon fish run in the H.R. 2898: Mr. SANDERS. H.R. 3732. A bill to amend title II of the So- Salmon and Columbia river systems; jointly H.R. 2912: Mr. DAVIS of Illinois. cial Security Act to waive the waiting period to the Committees on Transportation and In- H.R. 2921: Mr. CHAMBLISS, Mr. SANDERS, otherwise required for disability bene- frastructure and Resources. and Ms. KAPTUR. ficiaries in the case of individuals suffering f H.R. 2929: Mr. LIVINGSTON. from terminal illnesses with not more than H.R. 2949: Mr. LATHAM. six months to live, and to amend titles II and ADDITIONAL SPONSORS H.R. 2963: Ms. KILPATRICK, Mrs. MINK of XVI of such Act to provide for appropriate Under clause 4 of rule XXII, sponsors Hawaii, Mr. STRICKLAND, and Mr. LANTOS. treatment of prisoners; to the Committee on H.R. 2983: Mr. DOYLE and Mr. MENENDEZ. Ways and Means. were added to public bills and resolu- H.R. 2994: Ms. NORTON. f tions as follows: H.R. 3050: Mr. GONZALEZ. H.R. 59: Mr. GOODLING. H.R. 3081: Mr. ACKERMAN, Mr. MCGOVERN, MEMORIALS H.R. 66: Mrs. KELLY. Mr. GEJDENSON, and Ms. ESHOO. Under clause 4 of rule XXII, memori- H.R. 68: Ms. HOOLEY of Oregon. H.R. 3107: Mr. TIERNEY, Mrs. MALONEY of als were presented and referred as fol- H.R. 218: Mr. HALL of Ohio and Ms. DUNN of New York, and Mr. BILIRAKIS. Washington. H.R. 3121: Mr. BENTSEN. lows: H.R. 225: Mr. FOLEY. H.R. 3126: Mr. DAVIS of Florida. 282. The SPEAKER presented a memorial H.R. 322: Mr. BOEHLERT. H.R. 3156: Mr. STRICKLAND. of the Legislature of the State of Colorado, H.R. 530: Mr. NEUMANN, Mr. ROYCE, Mr. H.R. 3167: Mrs. LOWEY, Mr. SCHUMER, Mr. relative to House Joint Resolution 98–1013 SALMON, and Mr. GOODLATTE. BOEHLERT, Mr. MCHUGH, Mr. TOWNS, Mrs. memorializing the relocation of the ex- H.R. 619: Mr. HASTERT, Mr. TRAFICANT, and MALONEY of New York, Mr. HINCHEY, Mr. change and commissary at Fitzsimons Army Mr. LAMPSON. QUINN, Mr. MCNULTY, Mr. MANTON, Ms. Garrison to new facilities to be constructed H.R. 716: Mr. MCCRERY. SLAUGHTER, Mr. FOSSELLA, Mr. ENGEL, Mr. at Buckley Air National Guard Base; to the H.R. 738: Mr. SMITH of Texas. MEEKS of New York, Mr. NADLER, Mr. Committee on National Security. H.R. 814: Mr. BARRETT of Wisconsin. WALSH, Ms. VELA´ ZQUEZ, Mr. OWENS, Mr. 283. Also, a memorial of the Legislature of H.R. 815: Mr. TRAFICANT and Mr. MEEKS of SERRANO, Mr. GILMAN, Mr. SOLOMON, Mr. LA- the State of Kansas, relative to House Con- New York. FALCE, Mr. HOUGHTON, Mrs. KELLY, Mr. RAN- current Resolution No. 5035 memorializing H.R. 860: Ms. EDDIE BERNICE JOHNSON of GEL, and Mr. PAXON. the Congress not to take action to mandate Texas and Ms. STABENOW. H.R. 3181: Mr. WYNN. competition in retail sales of electricity and H.R. 864: Ms. HOOLEY of Oregon, Mr. BOR- H.R. 3217: Mr. LEWIS of Georgia. to leave that responsibility to the individual SKI, Mr. SISISKY, Mr. SCOTT, and Mr. KLECZ- H.R. 3236: Mr. FRANKS of New Jersey, Ms. states; to the Committee on Commerce. KA. NORTON, Ms. RIVERS, Mrs. MORELLA, Mr. 284. Also, a memorial of the House of Rep- H.R. 965: Ms. PRYCE of Ohio and Mr. RIGGS. CANADY of Florida, Mr. BEREUTER, Mr. AR- resentatives of the State of Pennsylvania, H.R. 979: Mr. SCHUMER, Mr. SESSIONS, Mr. CHER, and Mr. MORAN of Virginia. relative to House Resolution 294 memorializ- GIBBONS, and Mr. STUPAK. H.R. 3243: Mr. CANADY of Florida. ing the Congress of the United States and H.R. 991: Mr. TOWNS. H.R. 3249: Mr. DAVIS of Illinois. the Federal Communications Commission to H.R. 1023: Mr. KLINK. H.R. 3259: Mrs. CLAYTON. all state regulatory agencies the flexibility H.R. 1126: Mr. TURNER and Mr. POMBO. H.R. 3281: Mr. COOK, Ms. HARMAN, and Mr. they need to conserve available telephone H.R. 1231: Mr. PETERSON of Pennsylvania. MARKEY. numbers and so extend the useful lives of ex- H.R. 1311: Mr. BONIOR. H.R. 3295: Mr. COYNE, Ms. LEE, Mr. isting area codes; to the Committee on Com- H.R. 1320: Mr. BARRETT of Wisconsin and MCDERMOTT, Mr. MCHALE, Mr. KASICH, and merce. Mr. KILDEE. Mr. ENGEL. 285. Also, a memorial of the Legislature of H.R. 1356: Mr. RAHALL, Ms. GRANGER, and H.R. 3331: Mr. BOEHNER, Mr. CALVERT, and the Commonwealth of Pennsylvania, relative Ms. SANCHEZ. Mr. PAPPAS. April 23, 1998 CONGRESSIONAL RECORD — HOUSE H2319

H.R. 3342: Mr. BARRETT of Wisconsin and MCHALE, Mr. LOBIONDO, Mr. MALONEY of make a grant to, the Council on Legal Edu- Mr. OLVER. Connecticut, Mr. TOWNS, Ms. HARMAN, Ms. cation Opportunity, for a period of no less H.R. 3379: Ms. ROS-LEHTINEN, Mr. KILPATRICK, Mr. MCKEON, Mr. CLAY, and Mr. than 5 years— MCDERMOTT, Mr. RUSH, and Mr. FROST. GALLEGLY. ‘‘(1) to identify individuals from low-in- H.R. 3396: Mr. SHAW, Mr. GOODLATTE, and H. Con. Res. 217: Mr. CALVERT. come, minority, and disadvantaged back- Mr. TAYLOR of North Carolina. H. Con. Res. 225: Mrs. KELLY, Mr. WAXMAN, grounds; H.R. 3441: Mr. BOEHLERT, Mr. TOWNS, Mr. Ms. WOOLSEY, Mr. HILLIARD, Mr. GUTIERREZ, ‘‘(2) to prepare such individuals for study WELDON of Pennsylvania, Mr. EHLERS, Mrs. and Mr. FALEOMAVAEGA. at accredited law schools; ROUKEMA, Mr. PORTER, Mr. MCHUGH, and Ms. H. Con. Res. 228: Mr. BLUMENAUER and Mr. ‘‘(3) to assist students to select the appro- FURSE. BARRETT of Wisconsin. priate law school, make application for entry H.R. 3469: Mr. CUMMINGS, Mr. WEYGAND, H. Con. Res. 229: Mr. BALDACCI, Mr. into law school, and receive financial assist- Mr. KLINK, and Mr. LEWIS of Georgia BLUMENAUER, Mr. CRANE, Mrs. CUBIN, Mr. ance for such study; H.R. 3506: Mr. BERRY, Ms. ESHOO, Mr. DELAHUNT, Ms. ESHOO, Mr. FARR of Califor- ‘‘(4) to provide support services to first- KOLBE, Mr. ROGAN, Mr. MILLER of California, nia, Mr. FORD, Mr. GOSS, Mr. KIND of Wiscon- year law students to improve retention and Mr. MATSUI, Mr. JOHNSON of Wisconsin, Mr. sin, Mrs. MCCARTHY of New York, Mr. success in law school studies; and PETERSON of Minnesota, Ms. STABENOW, Mr. MCDERMOTT, Mr. MURTHA, Mr. SALMON, Mr. ‘‘(5) to motivate and prepare such students REDMOND, Mr. FORBES, Mr. HALL of Texas, DAN SCHAEFER of Colorado, Mr. SPRATT, Mr. in law school studies and practice in low-in- Mr. SHAW, and Mrs. ROUKEMA. SUNUNU, Mr. WALSH, Mr. WELDON of Pennsyl- come communities. H.R. 3510: Mr. CLYBURN. vania, and Mr. WEXLER. ‘‘(c) SERVICES PROVIDED.—In carrying out H.R. 3511: Mrs. JOHNSON of Connecticut, H. Con. Res. 239: Mr. GEJDENSON and Ms. the purposes described in subsection (b), the Mr. ENGLISH of Pennsylvania, Mr. STRICK- WOOLSEY. contract or grant shall provide for the deliv- LAND, Mr. CARDIN, Mr. MANZULLO, Mr. BURR H. Con. Res. 249: Mr. FALEOMAVAEGA and of North Carolina, Mr. RANGEL, and Mr. Mr. POSHARD. ery of services through prelaw information BECERRA. H. Res. 37: Mr. SAXTON, Mr. SABO, Mr. resource centers, summer institutes, and H.R. 3513: Mr. RANGEL, Mrs. THURMAN, and MICA, and Mr. STOKES. midyear seminars conducted under this sec- Mr. BALDACCI. H. Res. 399: Mr. MORAN of Kansas. tion. Such services may include— H.R. 3523: Mr. GOODE, Mr. HOSTETTLER, Mr. f ‘‘(1) information and counseling regard- LAZIO of New York, Mr. REDMOND, Mr. ing— WHITE, Mr. HOLDEN, Mr. TIERNEY, Mr. PICK- DELETIONS OF SPONSORS FROM ‘‘(A) accredited law school academic pro- ERING, Mr. OXLEY, Mr. LEWIS of Kentucky, PUBLIC BILLS AND RESOLUTIONS grams, especially tuition, fees, and admis- Mr. LATOURETTE, Mr. HULSHOF, Mr. KIND of sion requirements; Wisconsin, Mr. POMBO, Mr. DAVIS of Illinois, Under clause 4 of rule XXII, sponsors ‘‘(B) course work offered and required for Mr. HILL, Mr. CRANE, and Mr. HINCHEY. were deleted from public bills and reso- graduation; H.R. 3538: Mr. STARK, Mr. LEWIS of Georgia, lutions as follows: ‘‘(C) faculty specialties and areas of legal and Mr. ROMERO-BARCELO. H.R. 3156: Mr. COOKSEY. emphasis; H.R. 3552: Mr. HUTCHINSON and Mr. KING- ‘‘(D) undergraduate preparatory courses f STON. and curriculum selection; H.R. 3553: Mr. SERRANO, Ms. EDDIE BERNICE DISCHARGE PETITIONS— ‘‘(2) tutoring and academic counseling, in- JOHNSON of Texas, Mr. BLAGOJEVICH, and Ms. ADDITIONS OR DELETIONS cluding assistance in preparing for bar ex- ROS-LEHTINEN. aminations; H.R. 3561: Mr. GUTIERREZ and Mr. OLVER. The following Members added their ‘‘(3) prelaw mentoring programs, involving H.R. 3567: Mr. LOBIONDO, Mr. SHAW, and names to the following discharge peti- law school faculty, members of State and Mr. WEYGAND. tions: local bar associations, and retired and sit- H.R. 3568: Mr. SKEEN and Ms. DELAURO. Petition 3 by Mr. BAESLER on House Res- ting judges, justices, and magistrates; H.R. 3595: Mr. MORAN of Virginia and Mr. olution 259: Amo Houghton, Thomas M. ‘‘(4) assistance in identifying preparatory LAFALCE. Davis, Zach Wamp, Bennie G. Thompson, courses and material for the law school apti- H.R. 3610: Mr. KENNEDY of Rhode Island, Barbara Lee, Frank R. Wolf, Brian P. tude or admissions tests; Mr. PETERSON of Pennsylvania, and Mr. Bilbray, Lee H. Hamilton, and Tim Roemer. ‘‘(5) summer institutes for Thurgood Mar- COBURN. shall Fellows which expose them to a rigor- H.R. 3613: Mr. COMBEST, Mr. STEARNS, Ms. The following Members’ names were with- ous curriculum that emphasizes abstract NORTON, Mr. CALVERT, Ms. PRYCE of Ohio, drawn from the following discharge petition: thinking, legal analysis, research, writing, Mr. BISHOP, Mr. HALL of Texas, Mr. Petition 3 by Mr. BAESLER on House Res- and examination techniques; and ADERHOLT, Mr. HUTCHINSON, Mr. KENNEDY of olution 259: Christopher Shays, Frank R. ‘‘(6) midyear seminars and other edu- Rhode Island, Mr. MCINTOSH, Mr. WOLF, Ms. Wolf, Amo Houghton, James A. Leach, Zach cational activities designed to reinforce SANCHEZ, Mr. MCKEON, Mr. WATKINS, Mr. Wamp, Marge Roukema, Tom Campbell, reading, writing, and studying skills of EHRLICH, Mr. FROST, Mr. HAYWORTH, Mr. Nancy L. Johnson, Thomas M. Davis, Brian Thurgood Marshall Fellows during the first KUCINICH, and Mr. BOYD. P. Bilbray, and Michael N. Castle. year of law school study. H.R. 3624: Mr. FALEOMAVAEGA, Mr. PAYNE, f Mr. FROST, Ms. KAPTUR, Mr. WAXMAN, Mr. ‘‘(d) SUBGRANTS AND SUBCONTRACTS.—For SANDLIN, and Mr. POSHARD. AMENDMENTS the purposes of planning, developing, or de- H.R. 3629: Mr. MCKEON. livering one or more of the services described H.R. 3651: Mr. ACKERMAN and Mr. HINCHEY. Under clause 6 of rule XXIII, pro- in subsection (c), the Council on Legal Edu- H.R. 3652: Mr. FRANK of Massachusetts, posed amendments were submitted as cation Opportunity shall make subgrants to, Mrs. MALONEY of New York, Mr. BONIOR, Mr. follows: and subcontracts with, institutions of higher DAVIS of Florida, Mr. GORDON, and Mr. H.R. 6 education, law schools, public and private TORRES. OFFERED BY: MR. CUMMINGS agencies and organizations, and combina- H.R. 3659: Mr. CALLAHAN, Mr. GOODE, Mr. tions of such institutions, schools, agencies, AMENDMENT NO. 1: Page 104, after line 15, SESSIONS, Mr. ISTOOK, Mr. SMITH of Texas, and organizations. and Mr. WYNN. insert the following new subsection: H.R. 3668: Mr. WATTS of Oklahoma and Mr. (h) THURGOOD MARSHALL LEGAL EDUCATION ‘‘(e) STIPENDS.—The Secretary shall annu- SPENCE. OPPORTUNITY PROGRAM.—Chapter 1 of sub- ally establish the maximum stipend to be H.R. 3672: Mr. LEWIS of Georgia, Mr. MOAK- part 2 of part A of title IV is amended by in- paid (including allowances for participant LEY, Mr. MCGOVERN, Mr. DELAHUNT, and Mr. serting after section 402H (20 U.S.C. 1070a-18) travel and for their dependents) to Thurgood GUTIERREZ. the following new section: Marshall Fellows for the period of prelaw H.J. Res. 89: Ms. KILPATRICK, Ms. ‘‘SEC. 402I. LEGAL EDUCATIONAL OPPORTUNITY preparation in summer institutes and mid- STABENOW, and Mr. FROST. PROGRAM. year seminar prior to and during the period H.J. Res. 99: Mr. FILNER, Mr. FRANKS of ‘‘(a) PROGRAM AUTHORITY.—The Secretary of law school study. A Fellow may be eligible New Jersey, Mr. PASCRELL, and Mr. OLVER. shall carry out a program to be known as the for such a stipend only if the Fellow main- H. Con. Res. 36: Mr. ARMEY and Mr. HALL of ‘Thurgood Marshall Legal Educational Op- tains satisfactory academic progress toward Texas. portunity Program’ designed to provide low- the Juris Doctor or Bachelor of Laws degree, H. Con. Res. 52: Mrs. LINDA SMITH of Wash- income, minority, and disadvantaged college as determined by the respective institutions. ington, Mr. WAMP, and Mr. DUNCAN. students with the information, preparation, H. Con. Res. 181: Ms. GRANGER, Mr. BOYD, and financial assistance to gain access to ‘‘(f) MAXIMUM GRANT LEVEL.—For any year Mr. GUTKNECHT, Mr. COSTELLO, Mr. BILBRAY, and complete law school study. for which an appropriation is made to carry Mr. WELDON of Pennsylvania, Mr. COBLE, Mr. ‘‘(b) CONTRACT AUTHORIZED.—Subject to out this chapter, the Secretary shall allocate TALENT, Mr. SNYDER, Mr. SUNUNU, Mr. BOEH- the availability of amounts appropriated not more than $5,000,000 for the purpose of LERT, Mr. STARK, Mrs. CAPPS, Mr. SHUSTER, pursuant to section 402A(f), the Secretary is providing the services described in sub- Mr. DAVIS of Illinois, Mr. MATSUI, Mr. authorized to enter into a contract with, or section (c).’’. H2320 CONGRESSIONAL RECORD — HOUSE April 23, 1998 H.R. 6 timely manner consistent with the require- Secretary of Education to forgive the entire OFFERED BY: MR. MCGOVERN ments of section 482 and the submission of balance due, or any portion thereof, on any AMENDMENT NO. 2: Page 95, after line 7, in- the financial aid form required by section loan made to the Suomi College of Hancock, sert the following new subsection (and redes- 483. For such purposes, the Secretary may Michigan, under part C or part F of title III ignate the succeeding subsections accord- provide that, for the first of a student’s two of the Higher Education Act of 1965 (as in ef- ingly): academic years of eligibility under this sec- fect on the day before the date of enactment (e) PELL GRANT INCENTIVES.—Section 401(b) tion, class rank may be determined prior to of the Higher Education Amendments of is further amended by adding at the end the graduation, at such time and in such manner 1992), or under the College Housing and Aca- following new paragraph: as the Secretary may specify in the regula- demic Facilities Loan program, or any other ‘‘(9) (A) Notwithstanding the preceding tions prescribed under this subsection.’’. federally subsidized, insured, or authorized provisions of this subsection, the amount of H.R. 6 loan program designed to assist institutions the basic grant under this section awarded to OFFERED BY: MR. PAUL of higher education to construct academic or a student during the first two academic dormitory facilities. years of undergraduate education who grad- AMENDMENT NO. 3: Page 50, line 13, at the uated in the top 10 percent of his or her high end of paragraph (1) add the following new H.R. 6 school graduating class shall be an amount sentence: ‘‘The Secretary shall not use the equal to twice the amount for which the stu- social security account numbers issued OFFERED BY: MR. STUPAK dent is eligible under this section as deter- under title II of the Social Security Act as the electronic personal identifier, and shall AMENDMENT NO. 5: Page 334, strike lines 20 mined without regard to the provisions of and 21 and insert the following: this paragraph. not use any identifier used in any other Fed- ‘‘(B) The Secretary shall establish by regu- eral program as the electronic personal iden- SEC. 806. REPEALS AND EXTENSIONS OF PRE- lation procedures for the determination of tifier.’’. VIOUS HIGHER EDUCATION AMEND- eligibility of students under subparagraph H.R. 6 MENTS PROVISIONS. (A). Such procedures shall include measures OFFERED BY: MR. STUPAK Page 335, line 7, strike ‘‘D, and E’’ and in- to prevent any secondary school from cer- AMENDMENT NO. 4: Page 327, after line 10, sert ‘‘and D’’; and after line 7, insert the fol- tifying more than 10 percent of it’s students lowing: for eligibility under this paragraph. insert the following new section (and con- ‘‘(C) In prescribing procedures under sub- form the table of contents accordingly): (3) OLYMPIC SCHOLARSHIPS.—Section 1543(d) paragraph (B), the Secretary shall ensure SEC. 705. FORGIVENESS AUTHORIZED. of the Higher Education Amendments of 1992 that the determination of eligibility and the There are authorized to be appropriated is amended by striking ‘‘1993’’ and inserting amount of the award is determined in a such sums as may be necessary to permit the ‘‘1999’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, THURSDAY, APRIL 23, 1998 No. 46 Senate The Senate met at 9:30 a.m. and was so that final passage can occur by early nizes public and private elementary and sec- called to order by the President pro afternoon today. Therefore, Senators ondary schools that have established stand- tempore [Mr. THURMOND]. should expect rollcall votes throughout ards of excellence. Kempthorne modified amendment No. 2302 today’s session with respect to the (to amendment No. 2301), to provide for stu- PRAYER Coverdell bill or any other legislative dent improvement incentive awards. The Chaplain, Dr. Lloyd John or executive items cleared for action. Levin amendment No. 2303 (to amendment Ogilvie, offered the following prayer: I thank my colleagues for their at- No. 2299, as amended), to replace the expan- Almighty God, we praise You for tention. sion of education individual retirement ac- Your guidance. As we begin the work of Mr. President, parliamentary in- counts to elementary and secondary school quiry. Is it not true that by previous expenses with an increase in the lifetime the Senate today, we pray with the learning education credit for expenses of Psalmist, ‘‘Show me Your ways, O agreement we will now begin three teachers in improving technology training. stacked votes? Lord; teach me Your paths. Lead me in AMENDMENT NO. 2297 The PRESIDING OFFICER (Mr. Your truth and teach me, for You are The PRESIDING OFFICER. Under FAIRCLOTH). The Senator is correct. the God of my salvation; on You I wait the previous order, there will now be 2 all the day.’’—Psalm 25:4–5. f minutes of debate prior to a vote on or We acknowledge our total depend- RESERVATION OF LEADER TIME in relation to the Coats amendment ence on You. Revelation of Your truth The PRESIDING OFFICER. Under No. 2297. comes in relationship with You; Your Mr. COATS addressed the Chair. the previous order, the leadership time inspiration is given when we are illu- The PRESIDING OFFICER. The is reserved. minated with Your Spirit. Therefore, Chair recognizes the distinguished Sen- we prepare for this day by opening our f ator from Indiana. minds to the inflow of Your Spirit. You EDUCATION SAVINGS ACT FOR Mr. COATS. Mr. President, this know what is ahead today. Crucial PUBLIC AND PRIVATE SCHOOLS amendment Members will be voting on issues for the future of our Nation con- shortly simply adds an incentive to the The PRESIDING OFFICER. Under front us. current deduction that is allowed for the previous order, the Senate will now We praise You Lord that when this individuals making contributions to resume consideration of H.R. 2646, day comes to an end we will have the tax-exempt organizations that provide which the clerk will report. deep inner peace of knowing that You scholarships for low-income children. The legislative clerk read as follows: have heard and answered this prayer Currently it is 100 percent deductible. for guidance. In the name of our Lord A bill (H.R. 2646) to amend the Internal We are adding an additional 10 percent Revenue Code of 1986 to allow tax-free ex- incentive so that these organizations, and Savior. Amen. penditures from education individual retire- f ment accounts for elementary and secondary of which currently more than 30 exist around the country, can receive addi- RECOGNITION OF THE ACTING school expenses, to increase the maximum annual amount of contributions to such ac- tional funds through this incentive so MAJORITY LEADER counts, and for other purposes. that they can offer additional scholar- The PRESIDENT pro tempore. The The Senate resumed consideration of ships to children trapped in an edu- able acting majority leader, the distin- the bill. cational system which allows them no guished Senator from Georgia, is recog- Pending: escape. There are currently programs nized. Coats amendment No. 2297, to provide an operating in virtually every major city f additional incentive to donate to elementary in the country. They are giving chil- dren a chance. SCHEDULE and secondary schools or other organizations which provide scholarships to disadvantaged Those who say, ‘‘If you can’t give ev- Mr. COVERDELL. Mr. President, this children. erybody a chance, you can’t give any- morning the Senate will immediately Levin/Bingaman amendment No. 2299, to body a chance’’, are like those standing proceed to a stacked series of rollcall replace the expansion of education individ- on the Titanic saying, ‘‘If we don’t votes. Following the stacked votes, it ual retirement accounts to elementary and have enough lifeboats for all on this appears that there are up to four re- secondary school expenses with an increase in the lifetime learning education credit for sinking ship, nobody gets to use the ex- maining first-degree amendments in expenses of teachers in improving tech- isting lifeboats.’’ order to the Coverdell education bill. It nology training. These kids are condemned to failure is hoped that these amendments will be Landrieu amendment No. 2301, to provide with no way out of the plight they are offered and debated in a timely fashion funding to carry out a program that recog- in. Let us allow these organizations

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

S3469 S3470 CONGRESSIONAL RECORD — SENATE April 23, 1998 that are reaching out through private [Rollcall Vote No. 95 Leg.] Such expenses shall be reduced as provided contributions a chance to give these YEAS—46 in section 25A(g)(2). ‘‘(B) QUALIFIED STATE TUITION PROGRAMS.— kids a chance. Abraham Frist McCain Such term shall include amounts paid or in- This is paid for. It is revenue neutral. Allard Gorton McConnell Ashcroft Gramm Roberts curred to purchase tuition credits or certifi- Earlier the offset was an elimination of Bennett Grams Santorum cates, or to make contributions to an ac- the gambling loss deduction. That has Bond Gregg Sessions count, under a qualified State tuition pro- been replaced. There was controversy. Brownback Hatch Shelby gram (as defined in section 529(b)) for the We wanted the focus to be on this Burns Helms Smith (NH) benefit of the beneficiary of the account.’’ Campbell Hutchinson Smith (OR) (2) QUALIFIED ELEMENTARY AND SECONDARY amendment. That has been replaced by Coats Hutchison Snowe EDUCATION EXPENSES.—Section 530(b) (relat- Cochran Inhofe Stevens two provisions of the Internal Revenue ing to definitions and special rules) is Code, changes that are approved by the Coverdell Kempthorne Thomas Craig Kyl Thompson amended by adding at the end the following Finance Committee. There should be D’Amato Lieberman Thurmond new paragraph: no controversy on that. DeWine Lott Warner ‘‘(4) QUALIFIED ELEMENTARY AND SECONDARY I urge my colleagues to give children, Domenici Lugar EDUCATION EXPENSES.— Faircloth Mack ‘‘(A) IN GENERAL.—The term ‘qualified ele- low-income children in minority situa- NAYS—54 mentary and secondary education expenses’ tions mostly in urban schools—let us means— give them a chance. Akaka Feingold Leahy Baucus Feinstein Levin ‘‘(i) expenses for tuition, fees, academic tu- The PRESIDING OFFICER. Who Biden Ford Mikulski toring, special needs services, books, sup- yields time? Bingaman Glenn Moseley-Braun plies, computer equipment (including related Boxer Graham Moynihan software and services), and other equipment Mr. KENNEDY addressed the Chair. Breaux Grassley Murkowski which are incurred in connection with the The PRESIDING OFFICER. The Sen- Bryan Hagel Murray enrollment or attendance of the designated Bumpers Harkin Nickles ator from Massachusetts. beneficiary of the trust as an elementary or Byrd Hollings Reed secondary school student at a public, pri- Mr. KENNEDY. Mr. President, this Chafee Inouye Reid Cleland Jeffords Robb vate, or religious school, or week we were supposed to be debating Collins Johnson Rockefeller ‘‘(ii) expenses for room and board, uni- our Nation’s policy on education. Conrad Kennedy Roth forms, transportation, and supplementary Where our Nation’s children are going Daschle Kerrey Sarbanes items and services (including extended day to school is to the public school sys- Dodd Kerry Specter programs) which are required or provided by Dorgan Kohl Torricelli tems. We do not have anything against a public, private, or religious school in con- Durbin Landrieu Wellstone nection with such enrollment or attendance. the private school system, but we Enzi Lautenberg Wyden ‘‘(B) SPECIAL RULE FOR HOMESCHOOLING.— ought to be testing every single rec- The amendment (No. 2297) was re- Such term shall include expenses described ommendation against does it really jected. in subparagraph (A)(i) in connection with help our public schools or are we tak- Mr. KENNEDY. Mr. President, I education provided by homeschooling if the ing needed funds away from our public move to reconsider the vote by which requirements of any applicable State or local schools? the amendment was rejected. law are met with respect to such education. ‘‘(C) SCHOOL.—The term ‘school’ means any This does absolutely nothing for our Mr. COVERDELL. I move to lay that school which provides elementary education public schools. It gives no help and as- motion on the table. or secondary education (kindergarten sistance to hard-working parents The motion to lay on the table was through grade 12), as determined under State whose children are going to public agreed to. law.’’ schools. What it does do is it says we Mr. COVERDELL addressed the (3) SPECIAL RULES FOR APPLYING EXCLUSION are going to give a preference in terms Chair. TO ELEMENTARY AND SECONDARY EXPENSES.— of charitable giving to these specific The PRESIDING OFFICER. The Sen- Section 530(d)(2) (relating to distributions ator from Georgia is recognized. for qualified higher education expenses) is organizations over charitable giving to amended by adding at the end the following cancer, over charitable giving to heart Mr. COVERDELL. Mr. President, I new subparagraph: disease, over charitable giving to Alz- ask unanimous consent that the next ‘‘(D) SPECIAL RULES FOR ELEMENTARY AND heimer’s, over charitable giving to a vote in this series be limited to 10 min- SECONDARY EXPENSES.— wide range of other very worthwhile utes in length. ‘‘(i) IN GENERAL.—The aggregate amount of factors. The PRESIDING OFFICER. Without qualified elementary and secondary edu- cation expenses taken into account for pur- What is possibly the justification for objection, it is so ordered. AMENDMENT NO. 2302, AS MODIFIED poses of this paragraph with respect to any that? We ought to consider tax policy education individual retirement account for in that respect, but this is not good The PRESIDING OFFICER. Under all taxable years shall not exceed the sum of education policy. It does not advance the previous order there will now be 2 the aggregate contributions to such account our common interest of moving the minutes of debate prior to the vote on for taxable years beginning after December public schools toward greater academic or in relation to the Kempthorne 31, 1998, and before January 1, 2003, and earn- achievement and accomplishment. amendment 2302, as modified. ings on such contributions. That ought to be the test. This fails on The text of the amendment (No. ‘‘(ii) SPECIAL OPERATING RULES.—For pur- 2302), as modified, is as follows: poses of clause (i)— the education standard, and it fails on ‘‘(I) the trustee of an education individual AMENDMENT NO. 2302 tax policy. retirement account shall keep separate ac- Mr. President, I hope that the (Purpose: To amend section 6201 of the Ele- counts with respect to contributions and mentary and Secondary Education Act of amendment will not be accepted. earnings described in clause (i), and 1965 to provide for student improvement ‘‘(II) if there are distributions in excess of Mr. COVERDELL. Mr. President, I incentive awards, and for other purposes) qualified elementary and secondary edu- ask for the yeas and nays. Strike all after the first word, and insert cation expenses for any taxable year, such The PRESIDING OFFICER. Is there a the following: excess distributions shall be allocated first sufficient second? 101. MODIFICATIONS TO EDUCATION INDIVIDUAL to contributions and earnings not described RETIREMENT ACCOUNTS. in clause (i).’’ There is a sufficient second. (a) TAX-FREE EXPENDITURES FOR ELEMEN- (4) CONFORMING AMENDMENTS.—Subsections The yeas and nays were ordered. TARY AND SECONDARY SCHOOL EXPENSES.— (b)(1) and (d)(2) of section 530 are each The PRESIDING OFFICER. The (1) IN GENERAL.—Section 530(b)(2) (defining amended by striking ‘‘higher’’ each place it qualified higher education expenses) is appears in the text and heading thereof. question is on agreeing to the amend- amended to read as follows: (b) MAXIMUM ANNUAL CONTRIBUTIONS.— ment No. 2297. The yeas and nays have ‘‘(2) QUALIFIED EDUCATION EXPENSES.— (1) IN GENERAL.—Section 530(b)(1)(A)(iii) been ordered. The clerk will call the ‘‘(A) IN GENERAL.—The term ‘qualified edu- (defining education individual retirement ac- roll. cation expenses’ means— count) is amended by striking ‘‘$500’’ and in- The assistant legislative clerk called ‘‘(i) qualified higher education expenses (as serting ‘‘the contribution limit for such tax- the roll. defined in section 529(e)(3)), and able year’’. ‘‘(ii) qualified elementary and secondary (2) CONTRIBUTION LIMIT.—Section 530(b) (re- The result was announced—yeas 46, education expenses (as defined in paragraph lating to definitions and special rules), as nays 54, as follows: (4)). amended by subsection (a)(2), is amended by April 23, 1998 CONGRESSIONAL RECORD — SENATE S3471 adding at the end the following new para- (3) Section 530(d)(4)(B) (relating to excep- Ms. LANDRIEU. Mr. President, let graph: tions) is amended by striking ‘‘or’’ at the end me ask my colleagues to join me in ‘‘(5) CONTRIBUTION LIMIT.—The term ‘con- of clause (ii), by striking the period at the voting against the second-degree tribution limit’ means $500 ($2,000 in the case end of clause (iii) and inserting ‘‘, or’’, and amendment to my underlying amend- of any taxable year beginning after Decem- by adding at the end the following new ber 31, 1998, and ending before January 1, clause: ment on blue ribbon schools. This is a 2003).’’ ‘‘(iv) an amount which is includible in do-nothing amendment. The States ac- (3) CONFORMING AMENDMENTS.— gross income solely because the taxpayer tually can already do this with the (A) Section 530(d)(4)(C) is amended by elected under paragraph (2)(C) to waive the money they receive. There is no reason striking ‘‘$500’’ and inserting ‘‘the contribu- application of paragraph (2) for the taxable for this amendment. The only thing tion limit for such taxable year’’. year.’’ that this amendment does, if by any (g) EFFECTIVE DATES.— (B) Section 4973(e)(1)(A) is amended by chance it passes, is it limits our—— (1) IN GENERAL.—Except as provided in striking ‘‘$500’’ and inserting ‘‘the contribu- Mr. WELLSTONE. Mr. President, tion limit (as defined in section 530(b)(5)) for paragraph (2), the amendments made by this such taxable year’’. section shall apply to taxable years begin- could we have order? (c) WAIVER OF AGE LIMITATIONS FOR CHIL- ning after December 31, 1998. The PRESIDING OFFICER. The Sen- DREN WITH SPECIAL NEEDS.—Section 530(b)(1) (2) TECHNICAL CORRECTIONS.—The amend- ate will be in order. (defining education individual retirement ac- ments made by subsection (f) shall take ef- Ms. LANDRIEU. Mr. President, this count) is amended by adding at the end the fect as if included in the amendments made amendment is a do-nothing amend- following flush sentence: by section 213 of the Taxpayer Relief Act of 1997. ment. In some ways it could be harmful ‘‘The age limitations in the preceding sen- SEC. 102. STUDENT IMPROVEMENT INCENTIVE to the current blue ribbon program tence shall not apply to any designated bene- AWARDS. that is so excellent now in our country, ficiary with special needs (as determined Section 6201 of the Elementary and Sec- because if this amendment would pass, under regulations prescribed by the Sec- ondary Education Act of 1965 (20 U.S.C. 7331) you would not be able to reward pri- retary).’’ is amended— (d) CORPORATIONS PERMITTED TO CONTRIB- vate and parochial schools who are (1) in subsection (a)— doing an excellent job. A wonderful UTE TO ACCOUNTS.—Section 530(c)(1) (relating (A) in paragraph (1)(C), by striking ‘‘and’’ to reduction in permitted contributions after the semicolon; thing about our blue ribbon school pro- based on adjusted gross income) is amended (B) in paragraph (2), by striking the period gram is that it recognizes excellence by striking ‘‘The maximum amount which a and inserting ‘‘; and’’; and across the board and helps us. It will contributor’’ and inserting ‘‘In the case of a (C) by adding at the end the following: give them more than a blue ribbon and contributor who is an individual, the maxi- ‘‘(3) student improvement incentive awards a plaque; it will give them some finan- mum amount the contributor’’. described in subsection (c).’’; and cial incentive to continue to do good (e) NO DOUBLE BENEFIT.—Section 530(d)(2) (2) by adding at the end the following: work. (relating to distributions for qualified edu- ‘‘(c) STUDENT IMPROVEMENT INCENTIVE I ask my colleagues to vote ‘‘no’’ on cation expenses), as amended by subsection AWARDS.— (a)(3), is amended by adding at the end the ‘‘(1) AWARDS.—A State educational agency the Kempthorne amendment and then following new subparagraph: may use funds made available for State use to support our blue ribbon amendment, ‘‘(E) DISALLOWANCE OF EXCLUDED AMOUNTS under this title to make awards to public which is the underlying amendment. AS CREDIT OR DEDUCTION.—No deduction or schools in the State that are determined to Thank you very much, Mr. President. credit shall be allowed to the taxpayer under be outstanding schools pursuant to a state- Mr. KEMPTHORNE. Mr. President, I any other section of this chapter for any wide assessment described in paragraph (2). greatly respect the Senator from Lou- qualified education expenses to the extent ‘‘(2) STATEWIDE ASSESSMENT.—The state- isiana, but I totally disagree with the taken into account in determining the wide assessment referred to in paragraph amount of the exclusion under this para- (1)— characterization of the Senator from graph.’’ ‘‘(A) shall— Louisiana. This allows the States to fi- (f) TECHNICAL CORRECTIONS.— ‘‘(i) determine the educational progress of nally utilize these funds so they can (1)(A) Section 530(b)(1)(E) (defining edu- students attending public schools within the make financial rewards to our schools cation individual retirement account) is State; and as they should do. amended to read as follows: ‘‘(ii) allow for an objective analysis of the Thank you. ‘‘(E) Any balance to the credit of the des- assessment on a school-by-school basis; and The PRESIDING OFFICER. The time ignated beneficiary on the date on which the ‘‘(B) may involve exit exams.’’. beneficiary attains age 30 shall be distrib- has expired. Mr. KEMPTHORNE addressed the The yeas and nays have not yet been uted within 30 days after such date to the Chair. beneficiary or, if the beneficiary dies before ordered. The PRESIDING OFFICER. The attaining age 30, shall be distributed within Mr. COVERDELL. Mr. President, I 30 days after the date of death to the estate Chair recognizes the Senator from ask for the yeas and nays on the Idaho. of such beneficiary.’’ amendment. (B) Section 530(d) (relating to tax treat- Mr. KEMPTHORNE. Mr. President, thank you very much. The PRESIDING OFFICER. Is there a ment of distributions) is amended by adding sufficient second? at the end the following new paragraph: Mr. President, this is a very straight- ‘‘(8) DEEMED DISTRIBUTION ON REQUIRED DIS- forward amendment. This is a vol- There is a sufficient second. TRIBUTION DATE.—In any case in which a dis- untary, incentive-based approach to The yeas and nays were ordered. tribution is required under subsection help improve the academic excellence The PRESIDING OFFICER. The (b)(1)(E), any balance to the credit of a des- in our public schools. It allows each question is on agreeing to the amend- ignated beneficiary as of the close of the 30- State, if they wish, to utilize Federal ment of the Senator from Idaho. On day period referred to in such subsection for funds that they receive so they can re- this question, the yeas and nays have making such distribution shall be deemed ward excellence and encourage their been ordered, and the clerk will call distributed at the close of such period.’’ the roll. (2)(A) Section 530(d)(1) is amended by strik- schools. There is no new requirement ing ‘‘section 72(b)’’ and inserting ‘‘section of new Federal money. It uses existing The legislative clerk called the roll. 72’’. Federal money. There is no new Fed- The result was announced—yeas 58, (B) Section 72(e) (relating to amounts not eral bureaucracy put in place. It would nays 42, as follows: received as annuities) is amended by insert- be taken care of, again, voluntarily by [Rollcall Vote No. 96 Leg.] ing after paragraph (8) the following new the States. It is simply a concept that YEAS—58 paragraph: all of us believe in; that is, incentive Abraham Collins Grassley ‘‘(9) EXTENSION OF PARAGRAPH (2)(B) TO and reward. We now give a new tool to Allard Coverdell Gregg QUALIFIED STATE TUITION PROGRAMS AND EDU- our public schools to utilize these Ashcroft Craig Hagel CATIONAL INDIVIDUAL RETIREMENT AC- funds for that purpose, if the States so Bennett D’Amato Hatch COUNTS.—Notwithstanding any other provi- Bond DeWine Helms sion of this subsection, paragraph (2)(B) shall choose. Brownback Domenici Hutchinson apply to amounts received under a qualified Thank you, Mr. President. Burns Enzi Hutchison State tuition program (as defined in section The PRESIDING OFFICER (Mr. Campbell Faircloth Inhofe 529(b)) or under an education individual re- FRIST). Who yields time? Chafee Frist Jeffords Ms. LANDRIEU addressed the Chair. Cleland Gorton Kempthorne tirement account (as defined in section Coats Gramm Kyl 530(b)). The rule of paragraph (8)(B) shall The PRESIDING OFFICER. The Sen- Cochran Grams Lieberman apply for purposes of this paragraph.’’ ator from Louisiana. S3472 CONGRESSIONAL RECORD — SENATE April 23, 1998 Lott Roberts Specter in subparagraph (A)(i) in connection with cation expenses), as amended by subsection Lugar Roth Stevens education provided by homeschooling if the (a)(3), is amended by adding at the end the Mack Santorum Thomas requirements of any applicable State or local following new subparagraph: McCain Sessions Thompson McConnell Shelby Thurmond law are met with respect to such education. ‘‘(E) DISALLOWANCE OF EXCLUDED AMOUNTS Murkowski Smith (NH) Warner ‘‘(C) SCHOOL.—The term ‘school’ means any AS CREDIT OR DEDUCTION.—No deduction or Nickles Smith (OR) school which provides elementary education credit shall be allowed to the taxpayer under Reid Snowe or secondary education (kindergarten any other section of this chapter for any NAYS—42 through grade 12), as determined under State qualified education expenses to the extent law.’’ taken into account in determining the Akaka Feingold Lautenberg (3) SPECIAL RULES FOR APPLYING EXCLUSION amount of the exclusion under this para- Baucus Feinstein Leahy Biden Ford Levin TO ELEMENTARY AND SECONDARY EXPENSES.— graph.’’ Bingaman Glenn Mikulski Section 530(d)(2) (relating to distributions (f) TECHNICAL CORRECTIONS.— Boxer Graham Moseley-Braun for qualified higher education expenses) is (1)(A) Section 530(b)(1)(E) (defining edu- Breaux Harkin Moynihan amended by adding at the end the following cation individual retirement account) is Bryan Hollings Murray new subparagraph: amended to read as follows: Bumpers Inouye Reed ‘‘(D) SPECIAL RULES FOR ELEMENTARY AND ‘‘(E) Any balance to the credit of the des- Byrd Johnson Robb SECONDARY EXPENSES.— ignated beneficiary on the date on which the Conrad Kennedy Rockefeller Daschle Kerrey Sarbanes ‘‘(i) IN GENERAL.—The aggregate amount of beneficiary attains age 30 shall be distrib- Dodd Kerry Torricelli qualified elementary and secondary edu- uted within 30 days after such date to the Dorgan Kohl Wellstone cation expenses taken into account for pur- beneficiary or, if the beneficiary dies before Durbin Landrieu Wyden poses of this paragraph with respect to any attaining age 30, shall be distributed within The amendment (No. 2302), as modi- education individual retirement account for 30 days after the date of death to the estate fied, was agreed to. all taxable years shall not exceed the sum of of such beneficiary.’’ Mr. KEMPTHORNE. Mr. President, I the aggregate contributions to such account (B) Section 530(d) (relating to tax treat- for taxable years beginning after December ment of distributions) is amended by adding move to reconsider the vote and I move 31, 1998, and before January 1, 2003, and earn- at the end the following new paragraph: to lay that motion on the table. ings on such contributions. ‘‘(8) DEEMED DISTRIBUTION ON REQUIRED DIS- The motion to lay on the table was ‘‘(ii) SPECIAL OPERATING RULES.—For pur- TRIBUTION DATE.—In any case in which a dis- agreed to. poses of clause (i)— tribution is required under subsection The PRESIDING OFFICER. Under ‘‘(I) the trustee of an education individual (b)(1)(E), any balance to the credit of a des- the previous order, the amendment is retirement account shall keep separate ac- ignated beneficiary as of the close of the 30- modified to be a first-degree amend- counts with respect to contributions and day period referred to in such subsection for ment. earnings described in clause (i), and making such distribution shall be deemed The amendment (No. 2302), as modi- ‘‘(II) if there are distributions in excess of distributed at the close of such period.’’ fied further, reads as follows: qualified elementary and secondary edu- (2)(A) Section 530(d)(1) is amended by strik- Strike section 101 and insert the following: cation expenses for any taxable year, such ing ‘‘section 72(b)’’ and inserting ‘‘section 101. MODIFICATIONS TO EDUCATION INDIVIDUAL excess distributions shall be allocated first 72’’. RETIREMENT ACCOUNTS. to contributions and earnings not described (B) Section 72(e) (relating to amounts not (a) TAX-FREE EXPENDITURES FOR ELEMEN- in clause (i).’’ received as annuities) is amended by insert- TARY AND SECONDARY SCHOOL EXPENSES.— (4) CONFORMING AMENDMENTS.—Subsections ing after paragraph (8) the following new (1) IN GENERAL.—Section 530(b)(2) (defining (b)(1) and (d)(2) of section 530 are each paragraph: qualified higher education expenses) is amended by striking ‘‘higher’’ each place it ‘‘(9) EXTENSION OF PARAGRAPH (2)(B) TO amended to read as follows: appears in the text and heading thereof. QUALIFIED STATE TUITION PROGRAMS AND EDU- ‘‘(2) QUALIFIED EDUCATION EXPENSES.— (b) MAXIMUM ANNUAL CONTRIBUTIONS.— CATIONAL INDIVIDUAL RETIREMENT AC- ‘‘(A) IN GENERAL.—The term ‘qualified edu- (1) IN GENERAL.—Section 530(b)(1)(A)(iii) COUNTS.—Notwithstanding any other provi- cation expenses’ means— (defining education individual retirement ac- sion of this subsection, paragraph (2)(B) shall ‘‘(i) qualified higher education expenses (as count) is amended by striking ‘‘$500’’ and in- apply to amounts received under a qualified defined in section 529(e)(3)), and serting ‘‘the contribution limit for such tax- State tuition program (as defined in section ‘‘(ii) qualified elementary and secondary able year’’. 529(b)) or under an education individual re- education expenses (as defined in paragraph (2) CONTRIBUTION LIMIT.—Section 530(b) (re- tirement account (as defined in section (4)). lating to definitions and special rules), as 530(b)). The rule of paragraph (8)(B) shall Such expenses shall be reduced as provided amended by subsection (a)(2), is amended by apply for purposes of this paragraph.’’ in section 25A(g)(2). adding at the end the following new para- (3) Section 530(d)(4)(B) (relating to excep- ‘‘(B) QUALIFIED STATE TUITION PROGRAMS.— graph: tions) is amended by striking ‘‘or’’ at the end Such term shall include amounts paid or in- ‘‘(5) CONTRIBUTION LIMIT.—The term ‘con- of clause (ii), by striking the period at the curred to purchase tuition credits or certifi- tribution limit’ means $500 ($2,000 in the case end of clause (iii) and inserting ‘‘, or’’, and cates, or to make contributions to an ac- of any taxable year beginning after Decem- by adding at the end the following new count, under a qualified State tuition pro- ber 31, 1998, and ending before January 1, clause: gram (as defined in section 529(b)) for the 2003).’’ ‘‘(iv) an amount which is includible in benefit of the beneficiary of the account.’’ (3) CONFORMING AMENDMENTS.— gross income solely because the taxpayer (2) QUALIFIED ELEMENTARY AND SECONDARY (A) Section 530(d)(4)(C) is amended by elected under paragraph (2)(C) to waive the EDUCATION EXPENSES.—Section 530(b) (relat- striking ‘‘$500’’ and inserting ‘‘the contribu- application of paragraph (2) for the taxable ing to definitions and special rules) is tion limit for such taxable year’’. year.’’ amended by adding at the end the following (B) Section 4973(e)(1)(A) is amended by (g) EFFECTIVE DATES.— new paragraph: striking ‘‘$500’’ and inserting ‘‘the contribu- (1) IN GENERAL.—Except as provided in ‘‘(4) QUALIFIED ELEMENTARY AND SECONDARY tion limit (as defined in section 530(b)(5)) for paragraph (2), the amendments made by this EDUCATION EXPENSES.— such taxable year’’. section shall apply to taxable years begin- ‘‘(A) IN GENERAL.—The term ‘qualified ele- (c) WAIVER OF AGE LIMITATIONS FOR CHIL- ning after December 31, 1998. mentary and secondary education expenses’ DREN WITH SPECIAL NEEDS.—Section 530(b)(1) (2) TECHNICAL CORRECTIONS.—The amend- means— (defining education individual retirement ac- ments made by subsection (f) shall take ef- ‘‘(i) expenses for tuition, fees, academic tu- count) is amended by adding at the end the fect as if included in the amendments made toring, special needs services, books, sup- following flush sentence: by section 213 of the Taxpayer Relief Act of plies, computer equipment (including related ‘‘The age limitations in the preceding sen- 1997. software and services), and other equipment tence shall not apply to any designated bene- SEC. 102. STUDENT IMPROVEMENT INCENTIVE which are incurred in connection with the ficiary with special needs (as determined AWARDS. enrollment or attendance of the designated under regulations prescribed by the Sec- Section 6201 of the Elementary and Sec- beneficiary of the trust as an elementary or retary).’’ ondary Education Act of 1965 (20 U.S.C. 7331) secondary school student at a public, pri- (d) CORPORATIONS PERMITTED TO CONTRIB- is amended— vate, or religious school, or UTE TO ACCOUNTS.—Section 530(c)(1) (relating (1) in subsection (a)— ‘‘(ii) expenses for room and board, uni- to reduction in permitted contributions (A) in paragraph (1)(C), by striking ‘‘and’’ forms, transportation, and supplementary based on adjusted gross income) is amended after the semicolon; items and services (including extended day by striking ‘‘The maximum amount which a (B) in paragraph (2), by striking the period programs) which are required or provided by contributor’’ and inserting ‘‘In the case of a and inserting ‘‘; and’’; and a public, private, or religious school in con- contributor who is an individual, the maxi- (C) by adding at the end the following: nection with such enrollment or attendance. mum amount the contributor’’. ‘‘(3) student improvement incentive awards ‘‘(B) SPECIAL RULE FOR HOMESCHOOLING.— (e) NO DOUBLE BENEFIT.—Section 530(d)(2) described in subsection (c).’’; and Such term shall include expenses described (relating to distributions for qualified edu- (2) by adding at the end the following: April 23, 1998 CONGRESSIONAL RECORD — SENATE S3473 ‘‘(c) STUDENT IMPROVEMENT INCENTIVE 200-some-odd schools for 14 million this special day. It is ‘‘Take Our AWARDS.— families. Daughters to Work Day.’’ And mothers ‘‘(1) AWARDS.—A State educational agency I urge the defeat of the amendment. and fathers and aunts and uncles and may use funds made available for State use The PRESIDING OFFICER. The yeas friends are taking their special charges under this title to make awards to public schools in the State that are determined to and nays have not yet been ordered. to work with them to see perhaps a be outstanding schools pursuant to a state- Mr. COVERDELL. Mr. President, I side of life that some young girls do wide assessment described in paragraph (2). ask for the yeas and nays. not get to see. ‘‘(2) STATEWIDE ASSESSMENT.—The state- The PRESIDING OFFICER. Is there a It is the sixth year that our Nation wide assessment referred to in paragraph sufficient second? has celebrated in this way. I wanted to (1)— There is a sufficient second. just say for the record that we have ‘‘(A) shall— The yeas and nays were ordered. made a lot of progress in our Nation in ‘‘(i) determine the educational progress of The PRESIDING OFFICER. The the past 30 years. In 1968, only 20 per- students attending public schools within the question is on agreeing to the amend- cent of 18- to 24-year-old women were State; and enrolled in college. Today, thank good- ‘‘(ii) allow for an objective analysis of the ment. The yeas and nays have been or- assessment on a school-by-school basis; and dered. ness that number is climbing, and we ‘‘(B) may involve exit exams.’’. The clerk will call the roll. are at 36 percent. The median earnings for women in AMENDMENT NO. 2301 The assistant legislative clerk called The PRESIDING OFFICER. Under the roll. 1968 was only $18,500. Today, women the previous order, there will now be 2 The result was announced—yeas 34, earn an average of $23,000. We are mak- minutes of debate prior to a vote on or nays 66, as follows: ing progress, but not enough. I saw a statistic the other day that in relation to the Landrieu amendment [Rollcall Vote No. 97 Leg.] still 80 percent of all women who work No. 2301. Who yields time? YEAS—34 out of the home earn less than $25,000, Ms. LANDRIEU. Mr. President, could Akaka Harkin Mikulski earning 74 cents on every dollar earned I have some order, please? Bingaman Hollings Moseley-Braun Mr. KENNEDY. Mr. President, may Boxer Inouye Moynihan by their male counterparts. In 1968, women owned fewer than 5 we have order? The Senator is entitled Bumpers Johnson Murray Conrad Kennedy Reed percent of the Nation’s businesses. to be heard. Daschle Kerrey Robb That number has doubled, and I am The PRESIDING OFFICER. The Sen- Dodd Kerry Rockefeller proud to say that there are more peo- ate will be in order. The Senator from Dorgan Kohl Sarbanes Durbin Landrieu Wellstone ple employed by women-owned busi- Louisiana. Feingold Lautenberg Wyden Ms. LANDRIEU. Mr. President, as nesses than all the Fortune 500 compa- Ford Leahy nies in the country. So we are making this body knows, many on both sides of Glenn Levin this aisle support blue ribbon schools progress. NAYS—66 Today is a day to honor the progress because we believe that we should Abraham Domenici Lugar that is being made. But it is also a day begin rewarding excellence, funding re- Allard Enzi Mack to encourage our young girls, particu- sults, and we should stop funding fail- Ashcroft Faircloth McCain larly in the ages of 9 to 15, to reach for ures. Blue ribbon schools are chosen by Baucus Feinstein McConnell Bennett Frist Murkowski their dreams, to expand their horizons, their States every year. Some of them Biden Gorton Nickles to consider all the great options that are public—many of them. Some of Bond Graham Reid are available for them as they think Breaux Gramm Roberts them are private. Some of them are pa- about beginning to make choices about rochial. When they achieve against the Brownback Grams Roth Bryan Grassley Santorum their careers. They can balance home odds and when their students succeed, Burns Gregg Sessions life and work life and they can chose we call them to Washington and they Byrd Hagel Shelby careers that were unheard of just a few come, 250 of them every year. We give Campbell Hatch Smith (NH) Chafee Helms Smith (OR) years ago. them a beautiful, shiny plaque and a Cleland Hutchinson Snowe I hope some of these young girls who big blue ribbon and we send them home Coats Hutchison Specter are here today with us will think about with nothing else but the plaque and Cochran Inhofe Stevens Collins Jeffords Thomas the Senate, I say to our colleague from the blue ribbon. They are happy to get Coverdell Kempthorne Thompson Michigan, to think about encouraging it, but what they really want and need Craig Kyl Thurmond more young women to run here for the are some resources to continue doing D’Amato Lieberman Torricelli DeWine Lott Warner Senate. their good work. So I thank my colleagues for giving So I think this is a better way to The amendment (No. 2301) was re- me this time to recognize this day. I spend the $1.5 billion. Instead of help- jected. want to welcome my niece with me ing just a few people in America, we The PRESIDING OFFICER. Under today, Gracie Landrieu, who came up— can help all of our schools and begin re- the previous order, the Senate will now my daughter is only 10 months old, so warding results. That is what this resume consideration of Levin amend- she is a little too young to appreciate amendment does, the blue ribbon ment No. 2303 on which there shall be today. But she is going to be with me school amendment. I ask my col- 30 minutes of debate equally divided. for a few minutes later today. But my leagues to support it. Mr. LEVIN addressed the Chair. niece, who is 10, can most certainly ap- The PRESIDING OFFICER. The time The PRESIDING OFFICER. The Sen- preciate the great challenges before of the Senator has expired. Who yields ator from Michigan. her. And I wish her all the best, as we time? The Senator from Georgia. Mr. LEVIN. Mr. President, I yield 1 do all of our daughters across America. Mr. COVERDELL. Mr. President, minute to my good friend from Louisi- Thank you. there is certainly nothing wrong with ana on an unrelated matter. f an amendment that tries to improve The PRESIDING OFFICER. The Sen- blue ribbon schools. But the amend- ator from Louisiana. EDUCATION SAVINGS ACT FOR ment by the Senator from Louisiana Ms. LANDRIEU. Thank you, Mr. PUBLIC AND PRIVATE SCHOOLS guts the underlying premise of the bill. President. I thank my colleague from The Senate continued with the con- What is substituted here is pretty sim- Michigan. sideration of the bill. ple. You have 250 schools that would f AMENDMENT NO. 2303 receive a grant of $100,000, or you have Mr. LEVIN. Mr. President, first I ask TAKE OUR DAUGHTERS TO WORK 20 million children and 14 million fami- unanimous consent that Senators DAY lies that will benefit all across the Na- BINGAMAN and MURRAY be added as co- tion. In balance, there is just no com- Ms. LANDRIEU. Today, Mr. Presi- sponsors to my amendment. parison at all. So I would simply say dent, and colleagues, is a very special The PRESIDING OFFICER. Without again her amendment guts the underly- day in America. We are celebrating objection, it is so ordered. ing premise we have been debating for here in the Senate, and millions of peo- Mr. LEVIN. Mr. President, this 6 months and exchanges assistance to ple around our Nation are celebrating amendment provides a tax credit to S3474 CONGRESSIONAL RECORD — SENATE April 23, 1998 teachers who return to school to learn What it means is that with all of the this bill. We don’t touch the tax exclu- education technology. The credit would dollars that are going into hardware sion for withdrawals from State tuition be 50 percent of the cost of that train- and software and these other tech- programs or the limited school con- ing. The current situation across our nologies that we are spending pennies struction provisions in this bill. country is that educators are trying to on, what is critically important is the What we do, however, is not permit find ways to use technologies to enrich skills to use the technologies which are withdrawal from the IRA for the K the learning experience and to prepare provided. The most difficult skill of all through 12 expenses. We don’t do that students for a world in which informa- is the one that has been least acquired. because this most controversial provi- tion technologies are increasingly That is the ability to integrate the ma- sion of this bill, it seems to me, is se- woven into the fabric of our life and terial which is now available through verely tilted against public schools. I our work. these technologies into the curriculum. want to show a chart that gives a pic- School districts all over this land are Very few teachers are accessing the in- ture of how serious this tilt is against making investments in hardware and formation, the thousands of libraries public education in this IRA as it ex- in software and in connecting comput- now available to them through their ists in the underlying bill. ers and in accessing Internet and in computers, the hundreds of field trips According to the Joint Tax Commit- distance learning. I traveled around my which they now can take in their class- tee—and we have here a letter from the State, and I have spent a lot of time rooms if they know how to use these Joint Tax Committee which lays out doing this, focusing on education tech- technologies. Until our teachers have these numbers—according to the Joint nologies in the last 6 months. And I those skills and are given those oppor- Tax Committee, the majority of the find, of course, as you would expect, tunities, we are not using these tech- tax benefit will go to the 2.9 million there is a great variety in terms of how nologies to their fullest or anywhere taxpayers with dependents in private advanced school districts are when it close to their fullest. school. The minority of the tax benefit comes to installing good computers, What this amendment does is, it says will go to the 35 million taxpayers who putting in the necessary software, how to those teachers who are willing to go have dependents in public school. So, 35 many computers they have for their back for training, we will give you a million taxpayers, those with depend- student body, how much so-called local tax credit of 50 percent of the cost of ents in public schools, get less than area networks, how many of those they that training. Now, we already have a half the bill. The 2.9 million taxpayers have in the school connecting the com- lifetime learning credit of 20 percent with children in private schools get 52 puters to each other, how much access that is a credit against the cost of percent of the benefit. Translated into to the Internet in their school, to what higher education. That has been a dollars, in another way, the average extent are they connected to nearby great advance. It is effective this year. taxpayer with a child in private school colleges or distant colleges and univer- This amendment builds on that life- gets a $37 tax deduction in the year sities, and those kinds of efforts. A time learning credit. It says for those 2002; the public school taxpayer gets a huge effort is being made with dif- teachers who go back to gain the skills $7 dollar deduction in the year 2002. ferent degrees of success. I want to read the provisions from But what these school districts tell in the use of education technology, the letter because that is reflected in me universally is that where they are they will get a 50 percent credit. It is a falling short is in the development of significantly increased incentive to ob- this chart. The Joint Tax Committee their teaching staff in the use of the tain those skills which are so critically says, ‘‘We estimate that of those eligi- technologies they are able to acquire. necessary if we are going to make use ble to contribute, approximately 2.9 That is the common story I get from of these technologies and if our chil- million returns would have children in every school district—that we need to dren are going to have the kind of private schools. We estimate that the train our teachers in the use of these training and access to material which proposed expansion of education IRAs technologies. Typically, we find that can only be given by their teachers, if to withdrawals to cover primary and only about 5 cents of the technology they have these skills. secondary education would extend ap- dollar is going into professional devel- The person who is the technology di- proximately 52 percent of the tax bene- opment and 95 cents of the education rector for the Michigan Education De- fit to taxpayers with children in pri- technology dollar is going into the partment is a man named Jamey vate schools. We estimate that the av- hardware and software and connecters Fitzpatrick. He was quoted as saying: erage per return tax benefit for tax- and the access. For every dollar we spend on computer payers with children attending private This Government is spending a for- hardware and software in kindergarten schools would be approximately $37 in tune, for instance, in the so-called uni- through 12th grades, I think we would be tax year 2002. Conversely, we estimate lucky if we saw five cents on the dollar spent that of the 38.3 million returns eligible, versal service fund to provide every on training and support. school that applies with a discount on If we continue with those kinds of ratios approximately 35.4 million returns their communication bills to access we will never realize the gain in student would have dependents in public the Internet, for instance, and on some achievement that we think technology has schools and that approximately 10.8 of their internal linkages. But where the potential to elicit. We obviously need to million of these returns would utilize we are falling way below where we put money into training. education IRAs. We estimate that the must be is when it comes to the train- Mr. President, I ask unanimous con- proposed expansion of the education ing of our teachers, of our professional sent that Senator MOSELEY-BRAUN be IRAs would extend approximately 48 staff in the use of these technologies. added as a cosponsor to the amend- percent of the tax benefit to taxpayers This first chart shows, as of the time ment. with children in public schools with an that the statistics were taken in 1994— The PRESIDING OFFICER. Without average per return tax benefit of ap- and we do not think too much has objection, it is so ordered. proximately $7 in the year 2002.’’ changed since then; but this is the last Mr. LEVIN. What we do is leave most I gather I have used my time, so I available year—how the States are of the beneficial aspects of the underly- will not reserve the balance of it. I doing when it comes to the training of ing education IRA bill in place—first of yield the floor, and I thank the Chair. teachers. all, that is what we don’t do; what we The PRESIDING OFFICER. The Sen- How much education technology do do, however, is we do not permit ator from Delaware. training do our teachers have? The withdrawals from that IRA for K Mr. ROTH. Mr. President, I yield my- U.S. average, this red line on this through 12. That is the most controver- self 7 minutes. chart, is 15 percent of our teachers; 15 sial part of this bill, for reasons I will I rise in opposition to this amend- percent of our teachers have at least 9 get to in a moment. ment. As I stated yesterday, it strikes hours of training in education tech- The rest of the provisions of this bill at the heart of the Coverdell bill. It nology. That is it. In my State, only 10 we do not touch. We don’t touch the takes away the ability of parents to percent of the teachers—1 out of 10— expanded IRA relative to the cost of use educational IRAs to pay for ex- had at least 9 hours of training in their higher education. We don’t touch the penses related to the schooling of their lifetime in the use of education tech- extension of the tax exclusion for em- children between kindergarten and 12th nology. That is a woeful story. ployer-provided education assistance in grade. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3475 Allowing parents greater resources to it each year equal to 20 percent of their The PRESIDING OFFICER (Mr. meet the educational needs of their qualified expenses. The lifetime learn- SMITH of Oregon). Seven minutes on young children is what the Coverdell ing credit is available to anyone who the Senator’s side, and 5 seconds on the bill is all about. Senator LEVIN pro- meets the income requirement. Full- Democrat side. poses to take those resources away. In- time students can take the credit, as Mr. COVERDELL. I will be very stead, he wants to expand the lifetime can any professional who wants to con- brief. I yield a minute of my time to be learning credit for those who partici- tinue his or her education. And this in- added to the 5 seconds of the Senator pate in technology training. No one cludes teachers, engineers, or research from Michigan so that the Senator can argue against the proposition that scientists. from Connecticut can have a word. helping teachers become more capable What Senator LEVIN proposes is to The PRESIDING OFFICER. The Sen- in technology is a good thing. We want single out teachers and increase their ator from Connecticut. our students to understand the tech- lifetime learning credit to 50 percent Mr. DODD. I thank my colleague. nology of the 21st century. We cer- for technology training. Not only Mr. President, I had not intended to tainly need to ensure that our teachers would this come at the expense of stu- speak on this amendment. I have an are proficient as well. But this amend- dents and their families, but it would amendment coming up that I will be ment is not the way to reach that goal. be inequitable among the professions. addressing. But I think it is such an First, expanding the lifetime learning Why should a teacher receive an in- important amendment that our col- credit for teachers at the expense of ex- creased credit for his or her additional league from Michigan has raised here. I panding the IRAs for our children runs education when an engineer is limited think all of us have become much more contrary to the needs and objectives of to the current 20 percent? More impor- highly sensitized to the critical impor- American families. Mothers and fa- tant, it emphasizes one type of teacher tance of the generation of students in thers need increased wherewithal to continuing education over another. our country who are computer literate. support their children’s educational And what is the basis of claim, for in- It is no longer a question of whether or goals. Mothers and fathers need strong- stance, that we should give a 50 percent not that technology and the awareness er, more useful IRAs. They need the credit for teachers to become more pro- of it is going to be important. It is crit- ability to use more of their own hard- ficient in using and teaching tech- ical. I have made the assertion that earned money to take care of family nology, but only give 20 percent to what keyboards and computers bring priorities. those who take courses to become bet- to this generation is tantamount to The Senate recognized this fact last ter reading or math instructors? Those what a ballpoint pen brought to my year when we gave parents with chil- skills are also vital to function in a so- generation. Any child today not com- dren in grades K through 12 the ability ciety. pleting elementary and secondary to use educational IRAs. Our objective It is important to note that the school without being computer literate was to strengthen moms’ and dads’ Coverdell bill already includes a provi- is going to be totally unprepared for ability to get the best education pos- sion that allows an employee, such as a the 21st century economy. sible for their children. Our objective teacher, to receive, tax-free, employer- Our colleague from Michigan has made sense then, and it certainly provided education assistance. In other made it possible for the teachers of our makes sense today. words, the bill already encourages a Nation, who truly would like to be- The Coverdell bill empowers families school to pay for its teachers to receive come better prepared to instruct young to make decisions that are in their best training such as contemplated by the people in the importance of this tech- interests. It allows them to use their Senator from Michigan. I believe we nology, to have the wherewithal to do own resources for their own benefit. should leave this type of policy deci- so. This ought not to be a partisan de- Remember, the money in question here sion to the local schools. If a school at- bate in any way. It is a very thoughtful belongs to the taxpayers. They earned taches a high priority to the use of amendment, one that we all can be it, it’s theirs, they will save it, and technology in the classroom—and we deeply proud of. they should be able to choose how it hope they do—the school can send its We are only some 500 days away from will be spent. Let them use it where it teacher to a training class. The best a new millennium, and Senator LEVIN serves them best—on their children. part of all is that the teacher would has offered us a chance to make a dif- Mr. President, despite what some in not have to pay anything at all—no ex- ference for young people so that they this Chamber continue to argue, the penses, no taxes. Under the Levin pro- might be able to acquire these skills. I education IRA is not a boondoggle for posal, a teacher would still end up pay- commend him for the amendment and the rich. The education IRA phases out ing half the cost of this additional edu- hope our colleagues will support it. for high-income taxpayers. Because of cation. Mr. COVERDELL addressed the these phaseouts, the vast majority of In summary, the Levin amendment Chair. the benefits will go to middle-income takes the means to use expanded IRAs The PRESIDING OFFICER. The Sen- taxpayers. According to the National to educate children and it creates a ator from Georgia is recognized. Catholic Education Association, al- more distorted and, I must say, much Mr. COVERDELL. Mr. President, cer- most 70 percent of the families with more complex learning credit. This is tainly the amendment of the Senator children in Catholic schools have in- not what we want to do, Mr. President. from Michigan is a thoughtful one. But come below $35,000, and almost 90 per- If you ask the families of America how as has been noted by the Finance chair- cent of those families have incomes they would choose to use the financial man, it completely makes moot a core below $50,000. These families, along resources in question, I believe the vast principle of the underlying bill, and for with virtually all of the 38 million majority would make it clear that they that reason I oppose it. American families with children in want the opportunity to use their I don’t dispute the numbers that are public or private elementary and sec- money to give them greater flexibility demonstrated in his chart, but I would ondary schools, are the families that and power to meet the educational ob- like to elaborate on them. the Coverdell bill is designed to help. jectives of their family. The education savings account essen- At the same time, we should all take Mr. President, I oppose the Levin tially takes the education savings ac- note that two-thirds of the individual amendment. The educational IRA is count that was celebrated and signed income taxes in the United States are the foundation of the Coverdell bill. by the President last year, $500 per shouldered by taxpayers earning over This modification guts the bill at the year to be saved, and it could only be $75,000 per year. So one can see that the expense of the children. For this rea- used for higher education. The proposal Coverdell bill is focused on those fami- son, I oppose this amendment and urge before us takes that idea in its iden- lies most in need of help. my colleagues to do the same. tical form and expands the $500 to As my colleagues know, the lifetime I yield the floor and reserve any time $2,000 and says you can use it in kinder- learning credit is a provision that was that I may have left. garten through college. So it broadens included in the Taxpayer Relief Act of Mr. COVERDELL. Mr. President, the capacity of it. 1997. It allows anyone pursuing post- how much time remains on this amend- These numbers refer to kindergarten secondary education to take a tax cred- ment on both sides? through high school only and do not S3476 CONGRESSIONAL RECORD — SENATE April 23, 1998 look at the cap in these accounts—that The Senator from Connecticut (Mr. DODD), I mention this because I am offering is very difficult to project—saved for for himself, and Mr. LEAHY, Mr. HARKIN, Mr. an amendment that, with all due re- college. That is No. 1. KENNEDY, Mr. WELLSTONE, and Mrs. BOXER, spect to my colleague from Georgia, No. 2, what that really means is that proposes an amendment numbered 2305. would take the $1.6 billion from tax the tax relief, which is very modest for Mr. DODD. Mr. President, I ask unan- proposal that would provide $37 or $7 in those that are in public school, is imous consent that reading of the tax relief for private and public school about $250 million over 5 years, and for amendment be dispensed with. families, respectively, and use that those in private school it is about $250 The PRESIDING OFFICER. Without money to lower the cost at the local million. There are more families using objection, it is so ordered. and State level for special education The amendment is as follows: it in public schools, as is noted on the services. If the Federal Government is chart. About 70 percent of what we es- Strike section 101, and insert the follow- to meet its full commitment of 40 per- ing: timate to be 14 million families will cent to special education, it would need SEC. 101. FUNDING FOR PART B OF IDEA. use the savings account, and 70 percent Any net revenue increases resulting from to provide $16 billion to state and local of them will have children in public the enactment of title II that remain avail- school districts, more than four times schools and 30 percent in private. able, taking into account the provisions of the current funding. The reason it starts to equal itself in this title, shall be used to carry out part B Let me quickly add that I commend the distribution is that people who of the Individuals with Disabilities Edu- the Budget Committee and others in have children in private schools recog- cation Act (20 U.S.C. 1411 et seq.). recent weeks and months who have ac- nize that they are paying for the public Mr. DODD. Mr. President, I ask unan- tually increased spending on special schools with their property tax base imous consent that our colleagues, education. The total commitment to and they have to pay for the private Senators LEAHY, HARKIN, KENNEDY, States is slightly lower than $4 billion school education on top of that. So WELLSTONE, and BOXER, be included as but is still substantially less than the they have to save more. They have a cosponsors of this amendment. $16 billion needed to meet the 40-per- higher bar to reach. I agree. They will The PRESIDING OFFICER. Without cent commitment. therefore, likely save more, which objection, it is so ordered. I believe, given the scarce funding means there will be more interest that Mr. DODD. Mr. President, I have in available to us, is that we would be far is earned, which means they would front of me a chart which demonstrates wiser, with all due respect to the au- have a higher proportion of this very what I think most Members of this thors of this underlying proposal, to small account. body are familiar with; that is, the ris- take that $1.6 billion and give it back In closing, I simply say that by offer- ing cost of special education in our to the States and local governments to ing a tax incentive over 5 years of $500 country and the rising population of reduce the rising cost of special edu- million-odd, which is modest in this big students who are requiring special edu- cation in this country. picture, it causes Americans to do a cation services. We are told that the underlying bill very big thing. They go out and save $5 Presently, for the special education is about choice. I argue there should be billion, all of which will be used for 20 needs of America, 55 percent of the cost no choice when the needs of children million children no matter where they is being borne by our States, and 35 with disabilities are involved. Private are in school—public, private, or percent is being borne by local govern- schools can simply accept or reject stu- home—to help get them ready for the ments and local property taxes, and dents that they want or don’t want. If new century. roughly 10 percent by the Federal Gov- your child is a special needs child, you Mr. President, I will conclude my re- ernment. It is the Individuals with Dis- don’t have a choice whether you would marks and yield back the remainder of abilities Education Act (IDEA), en- like to go to a private school. The only my time. dorsed and supported by those of us school system that has to take you is a Mr. LEVIN. Mr. President, I don’t here in Congress, which rightly encour- public school system. Parents with think I have any time remaining. If I ages and provides for the inclusion of children with special needs don’t have do, I will yield it. I thank my good all children who require special edu- those choices. Property taxpayers, friend for yielding that additional cation services in the educational proc- sales taxpayers, and State income tax- minute to Senator DODD, by the way. It ess of this Nation. payers don’t have any choice; they was a generous gesture. It is worthy of note that at the time have to pay their tax bills. Mr. COVERDELL. I was very glad to the U.S. Congress passed the IDEA leg- The only people I know of at this do so. islation, it was recommended that the very moment who have a choice about If I might, Mr. President, for admin- Federal Government would provide 40 education are the 100 of us in this body. istrative clarification, I believe the se- percent of the costs of special edu- We have a choice to take $1.6 billion quence of events will be something like cation services. Several decades later, and provide a $37 tax break for private this. We are going to now take up the the Federal Government is presently school students and their families, a $7 amendment being offered by the Sen- only contributing 10 percent of the tax break for the public school stu- ator from Connecticut, Senator DODD, costs of special education. Mr. Presi- dents and their families, or we can help and there will be a vote. I think the dent, special education costs are rising. state and local school districts by pro- Senator would prefer that a vote occur We are told nationally that these num- viding them with $320 per special needs after his debate. The Levin, Boxer, and bers are moving up. In 1991, special child so that they can provide valuable Bingaman amendments will be stacked education costs were 17 percent of the special education services. That is for early this afternoon just before the overall education budget; they are now what my amendment does. It is saying, final vote. There are two more Sen- 19 percent of the overall education let’s make a choice with rare funding ators who will debate following the budget. dollars and apply them to help special vote of Senator DODD. I believe that is I might also point out that the needs children. the description of the situation we amount being spent on regular edu- Let me share how big a cost this is have right now during the day. cation has dropped to 56 percent, down and point out the situation in a num- Mr. DODD addressed the Chair. from 58 percent. Also, the population of ber of States. In Colorado, the State The PRESIDING OFFICER. The Sen- special needs children is on the in- must pay a 60-percent share for special ator from Connecticut. crease. The overall population of chil- education services. In Connecticut, the AMENDMENT NO. 2305 dren in elementary and secondary State provides 59 percent of special (Purpose: To strike section 101, and to pro- schools has gone up about 7.3 percent education funding. In Maine, 33 per- vide funding for part B of the Individuals in the last few years, whereas the num- cent; Michigan, 60 percent; Missouri, 60 with Disabilities Education Act) ber of children requiring special edu- percent; Rhode Island, 59 percent; Vir- Mr. DODD. Mr. President, I send an cation services has jumped over 12 per- ginia, 68 percent. These are huge costs amendment to the desk. cent in the same period of time. We at the State and local level. I have one The PRESIDING OFFICER. The have rising costs, rising population, community in my State, Torrington, clerk will report. and the Federal commitment to special CT, where 2 years ago the bill was The bill clerk read as follows: education has remained static. $635,000 for special education services. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3477 Two years later, it has risen to $1.3 What we are offering here is some re- Does it go toward a $37 tax break for million. Mr. President, the costs asso- lief to State and local school systems. someone who has their child enrolled ciated with special education can often It is not total relief. We have $1.6 bil- in a private school, or does it come be staggering. lion over 10 years, what are we going to back to that community in my State What I am saying is, if we think this do with the taxpayers’ money of this and other States all across this coun- is a national goal, to do something country? Do we give it back to the try to provide some needed tax relief— about special education, then we ought communities in Connecticut and else- at $320 per child—to begin the process to be willing to help our local towns where that are struggling to meet the of lowering the cost of special edu- and our States to reduce their share of cost of special education? Or do I write cation services and making a difference special education costs. The $1.6 billion a $37 check to someone who is sending in our towns and for these families. that my amendment would provide is their child to a school that is costing That is really the choice. That’s the not going to pay the entire bill. It is, $10,000 or $13,000 or $14,000 a year? I real choice we have before us today. however, a move in the right direction. don’t know how you justify it. I don’t Mr. President, let me ask how much But when you have very scarce fund- know how I can explain to my con- time I have remaining. ing, wouldn’t it be wiser for us to make stituents not providing some relief to The PRESIDING OFFICER. The Sen- the choice here today to reduce prop- their school systems for an area of ator has 1 minute and—— erty and State taxes, by saying here is great concern and importance—special Mr. DODD. I withhold the remainder $1.6 billion, which we know is not going education. of my time. to solve the whole problem, but I want That is the choice I get to make here The PRESIDING OFFICER. The Sen- to give that money back to the States, in the next few minutes. Do we take ator from Georgia has 15 minutes in op- back to the local governments, to bring these dollars and return them to our position if he chooses to use it. down the cost of special education States, return them to our towns, try- Mr. COVERDELL. Mr. President, services. ing to make a real difference for spe- there are so many numbers tossed We made that promise, Mr. Presi- cial education, or do we take them to around. Anybody listening to this de- dent. We said decades ago we would provide minor tax relief. bate must be somewhat befuddled. You provide 40 percent of the cost of special Now, again, let me mention briefly try to step back from it and look at the the role of public and private edu- education, and we have never provided bigger picture. more than 10 percent. There is a chance cation. At this very hour, all across our First of all, the concern of the Sen- for us today to provide, not $37, not $7 country, even on the west coast where ator from Connecticut about the fund- after taxes, but a $320 per child tax the Presiding Officer is from, children ing of special education is a real one, have started school. There are 53 mil- break in terms of reducing the cost of but he has already alluded to one of the lion children in elementary and sec- providing special education services. major problems, and that is this man- ondary schools at this very hour all It seems to me this would be a far date, which is one of the largest man- across our country; 48 million of them wiser way for us to spend our money. I dates in American history, ordered by are in public schools and 5 million are say after-tax dollars because I think the Congress on local communities in there is some confusion. Again, I say in private schools. So we are talking 1975, and in 1975 the promise was 40 per- this with all due respect to the authors about $1.6 billion, $37 of which goes to cent of the funding would be Federal, of the underlying bill. But the $2,000 students in those private schools, $7 of 40 State and 20 local. Now, the other IRA contained in Senator COVERDELL’s which goes for those in public schools. side, until 1994, was in control of the legislation is an after-tax proposal. It I am a product in many ways of pri- provides as much as if you put $2,000 in vate education. My parents made that Congress and never sent the check. Since we have been in the majority, a savings account and the interest that choice. I respect them for having made last year we put in another $700 mil- it earns, that is the money you get the it. However, my parents never thought lion. The Senate budget resolution tax break on, not the $2,000 principle. they should get a tax break for doing So when I say it provides a $37 and $7 so. They understood that this Nation placed special education as the top pri- tax break, those are real numbers. had a special obligation to public edu- ority. Republicans are seeking an addi- Recently, I looked at what the cost cation and particularly the families tional $2.5 billion over the next 5 years of private schools is in the greater with special needs children. I had to be for educating children with disabil- Washington, DC, area. They run any- accepted to the private schools I at- ities. In fiscal year 1997, the President where from $10,000 to $17,000 annually. tended. They didn’t have to take me. requested $3.6 billion for this IDEA. Why are we providing a $37 tax break Private schools can reject anyone they Our Congress provided $4 billion for it. for families who are already sending want. Public schools cannot. Public In fiscal year 1998, the President re- their children to schools that expensive schools must accept these children. quested $4.2 billion for this. We came when the $1.6 billion specified in this And you have that family that has up with $4.8. The President’s proposal legislation could help lower property done everything right and, unfortu- for 1999 proposes $4.8 billion a year for taxes and assist with special edu- nately, has a situation with a child IDEA. Our resolution calls for $5.3 bil- cation? who requires special education serv- lion, a $0.5 billion increase. Recently, when speaking with may- ices, and they, of course, want that So, while the other side controlled ors in Connecticut, they often men- child to succeed. They don’t have the the Congress, this promise was left tioned the high cost of special edu- choice of going to a private school. Pri- unfulfilled. Since we have controlled cation services. By not contributing 40 vate school is not going to take that the Congress, we have begun paying percent of special education costs, we cost on. They have to attend a public down that obligation. In the Repub- are pitting families against each other school. Let us try to provide the valu- lican BOOKS proposal, we proposed in these communities. I think every able resources specified by this legisla- fully funding it. The Budget Commit- one of us probably knows someone, tion to our local communities to help tee is moving rapidly in that direction. maybe in our own families, that has a that family receive special education We are not there yet. And we did it, special needs child. We know the con- services for their child, to say to the and have been doing it, without gut- cern, the fear, that a family goes other property taxpayers in that town ting other ideas. through in discovering that a child re- that we are going to provide the 40 per- So the additional money my friend quires special education services. It is cent of special education costs we from Connecticut talks about that a critically important issue. But I am promised we would and never have. ought to be fulfilling this promise—it also aware of what happens in a com- One hundred of us here in the next 20 is being done. We are doing exactly munity where you only have a handful minutes or 15 minutes will be given the what he has asked that we do, and— of special needs students and all of a choice of deciding which is a higher comma ‘‘and’’—we are trying to help 14 sudden their services cost a bit more priority. It is not a question of we million American families individually and people get upset because it is their would like to do everything. We can’t take charge and help to connect them tax dollars that are paying for that do everything. But, we have $1.6 billion to the education of their children. We education. The school systems in our and we are going to decide in the next do not think it is mutually exclusive, states need our assistance. 15 minutes where it is going to go. you have to do this or you have to do S3478 CONGRESSIONAL RECORD — SENATE April 23, 1998 that. We are doing both. So, since we from Connecticut, is that every time a Mr. DODD. I yield a minute to my have been in the majority, and the Sen- family makes a conscious decision to good friend from Rhode Island, and I ator acknowledged it, we have been open a savings account—every time ask unanimous consent that he be moving to try to fund IDEA. they do it—there is a mental connec- added as a cosponsor. This $1.6 billion that’s referred to, tion to that child’s education. And The PRESIDING OFFICER. Without that is tax relief over 10 years, and the every month, for 20-some-odd years, objection, it is so ordered. $37, of course, is a statistical average, they will get a notice from some finan- Mr. REED. Thank you very much. as is the $7. But it does not take into cial institution that tells them the Mr. President, I rise in very strong sup- account the principal. The tax relief condition of that child’s account. It port of the amendment of the Senator was only accrued because of the prin- will remind them every month of the from Connecticut. I think it illustrates cipal. For $37, you have to have $1,000 requirements and needs and will make two important points. in the account; for $7, you have to have them think about what those children First, the huge gap between what the $250. But what it means is we will have need. Federal Government promised in terms taken this $1.6 billion in relief to the I can certify that to be absolutely of special education support to the same middle-class families that the true because my dad and I did the same States and what was delivered. Even President designated last year, the thing for my sister’s two sets of twins. though, as the Senator from Georgia same criteria, same concept, and the We knew we were going to have some pointed out, we are trying to do better, Joint Tax Committee tells us that be- problems with the financial burden. So we can do much better. And using cause of that modest tax incentive, we started putting a little away. It was these resources rather than engaging these 14 million families over 10 not a huge amount of money when they in the private savings plan as the Sen- years—that is the 10-year number you had to go to school—but it was a lot. ator from Georgia proposes, but using are using—will save, in principal and And if this had been in place, it would these resources to assist special edu- accumulated interest, over $10 billion; have been twice what we had in that cation, I think, will be the best way to 10 billion new dollars coming behind account. I think we got it up to $6,000 use these dollars. education. or $7,000. It would have been doubled. It The second point I think the amend- These $10 billion are not public dol- could have been tripled if we kept it 30 ment of the Senator from Connecticut lars. They are private. They are will- years and used it for college. There is a illustrates is the critical role that pub- fully volunteered by these families. So special ed feature of this, too. Because lic education plays in our country, be- it means that public education will get, if the child has a special educational cause these students—typically these over the next 10 years, in support of it, need, it will stay with the child until disabled students—are all public edu- $5 billion. And private will get $5 bil- he or she is 30 years old. cation students. Private facilities don’t lion. And, yes, the private represents So, my point is this. We agree that take these individuals typically be- special ed needs attention and the Con- fewer families, but it still means, at cause they can’t afford them and they gress has been a party in seeing to this, the bottom line at the end of the day, think they are disruptive. That is the and it has created enormous problems that there is $5 billion flowing behind essence of private education. They can and we are responding to it. I am just public schools all across the country pick and choose. citing the numbers here. But we are and there is $5 billion flowing behind A public school cannot. We have com- doing it, along with other reforms. We private and home schools across the mitted ourselves in this Congress to are doing it with an education savings country. ensure that every child in this country, Those are very smart dollars, too, be- account. We are doing it with a school regardless of ability or disability, has a construction proposal. We are doing it, cause they are in individual family free, excellent public education. But helping employers fund continuing checking accounts where people know what that means in practice is that our education for their employees. We are exactly what the frailty or problem is public schools have to respond to large doing it and we are helping support 21 of a given child. If it is a math defi- numbers of special education students, States that have prepaid tuition pro- ciency, it is going to go to hire a math something to which private education grams for families to help get ready for tutor. If it is an inner city student who does not respond. That is, I think, at the cost of higher education. Mr. Presi- does not have a home computer, it is the heart of this debate. dent, 17 more States are coming into going to purchase a home computer. If If we are going to have a public the picture. it is transportation that is needed for We are accomplishing the funding of school system that we expect to give an afterschool program that we all IDEA—which we agree is important. education to all of our citizens, then want to encourage —it is smart dollars. But we are not stopping the other we cannot siphon off resources to pri- Public dollars have a hard time doing changes and other ideas to help fami- vate education in the way that is pro- that, going right to the problem. If it is lies. My colleague mentioned some- posed by these savings accounts. We dyslexia or special education, it will where, I believe, around 50 million are have to match our orders and com- flow right to it. And no school board is in our elementary and secondary mands to the schools of America and to going to have to raise the property tax schools. Mr. President, 20 million of educate all of our citizens with re- to get ahold of this $10 billion, no State them will be beneficiaries of these ac- sources. is going to have to raise income tax, counts, half of the entire population. This amendment does that. It pre- and we are not having to raise taxes. Some will be more; some will be less. serves a program that we have all This is volunteered money, and I think Some will save the full amount; some stood up and said is vitally important the value of the money is geometri- will only save part of it. Some will ac- to this country, both educationally and cally increased, it is probably worth cumulate $1,000; some will accumulate socially—and that is special education three times other dollars because it is the entire amount. But they will all be —and it does so by reinforcing public being driven right into the child’s need. helped and they will all be reminded education. That is the way we should The point we do not talk a lot about about the needs of those children proceed. here—and they are not in these figures, Like I said, we are funding IDEA. We I commend the Senator from Con- either—is that the one distinction this are giving parents new tools. We are necticut for his efforts in regard to this savings account has is that it can ac- giving employers new tools. We are amendment today. cept contributions from sponsors—an supporting the States with prepaid tui- Mr. DODD. I thank my good friend employer, a church, a grandparent, a tion programs. And we are building from Rhode Island. Mr. President, I un- sister or brother, a neighbor, a benevo- new schools. That is the underlying derstand there will be a point of order lent association. And as people under- motion here. raised against this amendment. I re- stand this and they begin to connect to Mr. President, how much time re- gret that, because I am not asking to these ideas, there is going to be a lot mains on both sides? spend any more money than the under- more money in those accounts than we The PRESIDING OFFICER. The Sen- lying amendment does, but I realize have even envisioned. ator has 4 minutes 12 seconds. The this is a point of order that will be sus- Another point I would make about Democratic side has 1 minute 18 sec- tained. I will make an appropriate mo- the savings account to my colleague onds. tion to vote on that. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3479 I am sorry that is going to be the [Rollcall Vote No. 98 Leg.] TITLE ll—AFTER SCHOOL EDUCATION case, because I really do believe that YEAS—46 AND SAFETY ll this is the one opportunity, a chance, Akaka Feinstein Levin SECTION 01. SHORT TITLE. after we all talked about trying to do Baucus Ford Lieberman This title may be cited as the ‘‘After something, about reducing the cost to Bingaman Glenn Mikulski School Education and Safety Act of 1998’’. ll communities, to make the choice to do Boxer Graham Moseley-Braun SEC. 02. PURPOSE. Breaux Harkin Moynihan The purpose of this title is to improve aca- so. But I need 60 votes, I am afraid, to Bryan Hollings Murray demic and social outcomes for students by Bumpers Inouye Reed prevail on all of that. When the appro- providing productive activities during after priate motion is made, I will respond to Chafee Jeffords Reid Collins Johnson Robb school hours. it. I hope that will not be the case. I Conrad Kennedy Rockefeller SEC. ll03. FINDINGS. hope we can have an up-or-down vote D’Amato Kerrey Sarbanes Congress makes the following findings: as we have had on every other amend- Daschle Kerry Torricelli (1) Today’s youth face far greater social ment. Dodd Kohl Wellstone risks than did their parents and grand- Dorgan Landrieu Wyden parents. I believe my time has expired, and if Durbin Lautenberg Feingold Leahy (2) Students spend more of their waking it has, I believe my colleague wants to hours alone, without supervision, compan- make an appropriate motion. NAYS—53 ionship, or activity than the students spend Mr. COVERDELL. Mr. President, has Abraham Frist McConnell in school. the proponents’ time expired? Allard Gorton Murkowski (3) Law enforcement statistics show that The PRESIDING OFFICER. It has ex- Ashcroft Gramm Nickles youth who are ages 12 through 17 are most at Bennett Grams Roberts pired. risk of committing violent acts and being Biden Grassley Roth victims of violent acts between 3 p.m. and 6 Bond Gregg Santorum Mr. COVERDELL. Mr. President, I do p.m. not believe we need to be in a dilemma Brownback Hagel Sessions Burns Hatch Shelby SEC. ll04. GOALS. where it is either/or—do this and not Byrd Helms Smith (NH) The goals of this title are as follows: the education savings account, or do Cleland Hutchinson Smith (OR) (1) To increase the academic success of stu- the other. Coats Hutchison Snowe dents. Cochran Inhofe Specter The Senator from Connecticut is cor- (2) To improve the intellectual, social, Coverdell Kempthorne Stevens physical, and cultural skills of students. rect that I will raise a point of order. Craig Kyl Thomas The Congressional Budget Office has DeWine Lott Thompson (3) To promote safe and healthy environ- Domenici Lugar Thurmond ments for students. told us this amendment creates a new Enzi Mack Warner (4) To prepare students for workforce par- entitlement for special education, a Faircloth McCain ticipation. program which has always been discre- NOT VOTING—1 (5) To provide alternatives to drug, alco- tionary since its creation in 1985. This hol, tobacco, and gang, activity. Campbell spending would be charged to the Fi- SEC. ll05. DEFINITIONS. nance Committee, which has already The PRESIDING OFFICER. On this In this title: exceeded its allocation. vote, the yeas are 46, the nays are 53. (1) SCHOOL.—The term ‘‘school’’ means a Therefore, we conclude that amend- Three-fifths of the Senators duly cho- public kindergarten, or a public elementary sen and sworn not having voted in the school or secondary school, as defined in sec- ment No. 2305, offered by my colleague tion 14101 of the Elementary and Secondary from Connecticut, Senator DODD, vio- affirmative, the motion is rejected. Education Act of 1965 (20 U.S.C. 8801). lates section 302(f) of the Congressional The point of order is sustained and the (2) SECRETARY.—The term ‘‘Secretary’’ Budget Act because it provides for an amendment falls. means the Secretary of Education. increase to direct spending beyond the Mr. COVERDELL addressed the SEC. ll06. PROGRAM AUTHORIZED. allocation of the committee of jurisdic- Chair. The Secretary is authorized to carry out a tion. I, therefore, raise a point of order The PRESIDING OFFICER. The Sen- program under which the Secretary awards under section 302(f) of the Budget Act ator from Georgia is recognized. grants to schools to enable the schools to carry out the activities described in section against this amendment. I assume my Mr. COVERDELL. Mr. President, it ll07(a). colleague will move to waive. is my understanding that in the regu- SEC. ll07. AUTHORIZED ACTIVITIES; REQUIRE- MOTION TO WAIVE THE BUDGET ACT lar order we will now go to the amend- MENTS. Mr. DODD. Mr. President, I move to ment to be offered by the Senator from (a) AUTHORIZED ACTIVITIES.— waive the Budget Act so that the California. (1) REQUIRED.—Each school receiving a The PRESIDING OFFICER. The Sen- grant under this title shall carry out at least amendment may be considered. I ask 2 of the following activities: for the yeas and nays. ator from California is recognized for 15 minutes. (A) Mentoring programs. Mr. COVERDELL. I yield back my (B) Academic assistance. time in order to facilitate the two mo- AMENDMENT NO. 2306 (C) Recreational activities. tions. (Purpose: To improve academic and social (D) Technology training. The PRESIDING OFFICER. Is there a outcomes for students by providing produc- (2) PERMISSIVE.—Each school receiving a tive activities during after school hours) grant under this title may carry out any of sufficient second? the following activities: There appears to be a sufficient sec- Mrs. BOXER. Mr. President, I send an amendment to the desk and ask for its (A) Drug, alcohol, and gang, prevention ac- ond. tivities. immediate consideration. The yeas and nays were ordered. (B) Health and nutrition counseling. The PRESIDING OFFICER. The The PRESIDING OFFICER (Mr. (C) Job skills preparation activities. clerk will report. (b) TIME.—A school shall provide the ac- DEWINE). The question is on agreeing The legislative clerk read as follows: tivities described in subsection (a) only after to the motion to waive the Budget Act regular school hours during the school year. The Senator from California [Mrs. BOXER], with respect to amendment No. 2305, (c) SPECIAL RULE.—Each school receiving a for herself, Mrs. MURRAY, Mr. BINGAMAN, Mr. offered by the Senator from Connecti- grant under this title shall carry out activi- JOHNSON, Mr. LIEBERMAN, Mr. SARBANES, Mr. ties described in subsection (a) in a manner cut. The yeas and nays have been or- KERRY, Mr. DODD, Mr. DURBIN, Mr. LEVIN, that reflects the specific needs of the popu- dered. The clerk will call the roll. Mr. AKAKA, Mr. KOHL, Mr. WELLSTONE, Mr. lation, students, and community to be The assistant legislative clerk called BRYAN, Mr. KENNEDY, Mr. INOUYE, Mr. served. DASCHLE, and Ms. MOSELEY-BRAUN, proposes the roll. (d) LOCATION.—A school shall carry out the Mr. NICKLES. I announce that the an amendment numbered 2306. activities described in subsection (a) in a Senator from Colorado (Mr. CAMPBELL) Mrs. BOXER. Mr. President, I ask school building or other public facility des- is necessarily absent. unanimous consent that reading of the ignated by the school. The PRESIDING OFFICER. Are there amendment be dispensed with. (e) ADMINISTRATION.—In carrying out the any other Senators in the Chamber de- The PRESIDING OFFICER. Without activities described in subsection (a), a school is encouraged— siring to vote? objection, it is so ordered. (1) to request volunteers from the business The yeas and nays resulted—yeas 46, The amendment is as follows: and academic communities to serve as men- nays 53, as follows: At the end, add the following: tors or to assist in other ways; S3480 CONGRESSIONAL RECORD — SENATE April 23, 1998 (2) to request donations of computer equip- We need to do something to keep them they have not reached across the aisle ment; and busy and to keep them out of trouble. to try to come up with any compromise (3) to work with State and local park and That is why I believe I got such unani- on it at all. recreation agencies so that activities which mous support for this legislation dur- Our kids are facing schools that are are described in subsection (a) and carried out prior to the date of enactment of this ing the budget debate. We have set crumbling. We do nothing. We reject it Act are not duplicated by activities assisted aside $50 million in the budget for this out of hand. We don’t work for com- under this title. program. Now we have a chance to au- promise. We say no. We had an amend- SEC. ll08. APPLICATIONS. thorize it. ment simply expressing support for re- Each school desiring a grant under this I am very hopeful that my colleagues ducing class sizes that was only de- title shall submit an application to the Sec- on both sides of the aisle will now fol- bated for 3 minutes. That amendment retary at such time, in such manner, and ac- low though on the commitment they passed. But then someone changed the companied by such information as the Sec- made in the budget resolution. vote, and we rejected that. If you ask retary may require. Each such application Mr. President, in this picture you can parents all over this country, they will shall— see some of the faces of what we are tell you that they want smaller class (1) identify how the goals set forth in sec- talking about. These are children in a tion ll04 shall be met by the activities as- sizes. sisted under this title; California after-school program in Sac- So what provisions do we accept? We (2) provide evidence of collaborative efforts ramento. You can see from the looks also voted on an amendment that es- by students, parents, teachers, site adminis- on their faces how excited they are sentially will prohibit the implementa- trators, and community members in the about the work they are doing after tion of a program to test our students planning and administration of the activi- school. so parents will know if their kids are ties; We have some others pictures to doing well or doing poorly and schools (3) contain a description of how the activi- show you. This picture shows some of can be held accountable. To this, we ties will be administered; the valuable mentoring that occurs in say yes. To me this is unbelievable. We (4) demonstrate how the activities will uti- lize or cooperate with publicly or privately this after school program. These chil- have an education bill here is that is funded programs in order to avoid duplica- dren are working in small groups with turning into an anti-education bill, an tion of activities in the community to be a teacher or volunteer. These children antiparent bill, an antistudent bill. We served; are learning a tremendous amount. In also have other amendments that did (5) contain a description of the funding fact, the academic performance of away with a whole series of programs sources and in-kind contributions that will these students has dramatically in- and made them optional for schools. support the activities; and creased as a result of the attention When Neil Armstrong landed on the (6) contain a plan for obtaining non-Fed- that they are getting after school. Moon he said it was ‘‘one small step for eral funding for the activities. Here are some pictures of the chil- man, one giant leap for mankind.’’ This SEC. ll09. AUTHORIZATION OF APPROPRIA- TIONS. dren learning music. There was a new bill was one, tiny step forward for edu- There is authorized to be appropriated to study that just came out yesterday cation, and it has become a huge step carry out this title $50,000,000 for each of the that says that children who engage in backward for education. fiscal years 1998 through 2002. musical activities achieve higher levels Listen to the list of the nationally SEC. ll10. SENSE OF THE SENATE. of academic success. I see that our ma- recognized programs that are done It is the sense of the Senate that funding jority leader is on the floor. He had a away with summarily in this bill. to carry out this title should be provided by group of singing Senators and I think Critical programs for disadvantaged a reduction in certain function 920 allow- he realizes the value of music. Music kids including Title I; School to Work; ances, as such reduction was provided in the promotes camaraderie and bring us to- Goals 2000; STAR schools; education Senate-passed budget resolution for fiscal gether. technology; Eisenhower professional year 1999. Here we see the children learning development, which is teacher train- Mrs. BOXER. Mr. President, I ask how to play the drums in an after- ing; safe and drug-free schools; magnet that the Chair inform me when I have school setting. school assistance; telecommunications used 8 minutes. Finally, I have a picture of children demonstration project for math skills, Mr. President, I am very pleased to working with one of the law enforce- a fund for the improvement of edu- offer my After School Education and ment officers who come into these pro- cation. The Javits gifted and talented Safety Act as an amendment to the grams. education funding to support programs Coverdell bill. I want to mention those Whether it is L.A.’s Best or Sac- for special children is done away with. who are original sponsors of this legis- ramento Start, whether it is the Ten- The Eisenhower regional math and lation. They are: Senators MURRAY, derloin Program in San Francisco, or science consortium is done away with. BINGAMAN, JOHNSON, LIEBERMAN, SAR- our after school program in Oakland, If you read President Eisenhower’s BANES, KERRY from Massachusetts, all of these after school initiatives des- comments on what we ought to do in DODD, DURBIN, LEVIN, AKAKA, KOHL, perately need some attention from our education in the 1950’s, he said, ‘‘It WELLSTONE, BRYAN, KENNEDY, INOUYE, National Government. There is not one takes more than guns to make us DASCHLE, and MOSELEY-BRAUN. I men- program in the Department of Edu- strong.’’ We need strong kids and we tion them because I am very proud of cation that is exclusively for after need them to learn. Yet now we are their support for this very important school, not one. doing away with the Eisenhower pro- measure. Through my amendment we have an gram. This is not a new issue. I presented opportunity to improve the Coverdell We are eliminating the International this plan to the entire Senate during bill, a bill that started off as a very Education Exchange, which supports the budget markup, and I am very simple bill. Unfortunately, I think that educational exchange programs. That pleased to tell you that my amendment this bill is turning into an anti-edu- is what the Gorton amendment did was adopted unanimously. I think most cation bill. I have to say that with a away with, or made it optional. The Senators understand the fact that heavy heart because I really thought Gorton amendment took the National after-school programs are very impor- that we would have some bipartisan- Government completely out of edu- tant for two reasons. First of all, our ship. cation. Education is the most impor- children need the mentoring help, our But what has happened to this bill? I tant thing in the world, and this bill is children need the attention, and our think what we have before us is a bill a giant step backward. children need the community support that has been amended in such a way We can improve this bill a little bit if after school because it really increases that it does great damage to our chil- we support the Boxer amendment to their academic achievement. dren. Let me explain what I mean. support education and reduce juvenile Secondly, the FBI has told us that We had a number of amendments crime. from the hours of 3 p.m. to 6 p.m., juve- that were rejected out of hand —amend- I told you before that juvenile offend- nile crime goes way up because our ments to try to rebuild our schools. I ers commit crimes between the hours children are joining gangs, and they understand why Senators who like the of 3 p.m. to 6 p.m. That is why the po- are getting into trouble after school. underlying bill voted against that, but lice in my home state are supporting April 23, 1998 CONGRESSIONAL RECORD — SENATE S3481 the Boxer amendment. This includes is a very strong sense from parents, ing centers, many already financed, bipartisan support from the chiefs of from child care providers, teachers and and will benefit from additional provi- police of many, many cities in my school administrators, and from every- sions of this year’s budget for after- State. California law enforcement un- one who follows this issue that after- school programs. derstands that when it comes to our school programs are among the most Let me give just a few examples. The children, we shouldn’t seek party lines. important items on which we should 21st Century Community Learning That is why I hope people will vote for focus our attention. Centers Act provides $40 million for this. In fact, the Republican Governor of rural and inner-city public schools to Let’s hear what the police chief from my State has played a leading role in establish after-school programs. The Los Angeles says about the need to in- our State in trying to better utilize our Safe and Drug-Free Schools Act allows vest in our children: school resources, recognizing that money to be spent on after-school pro- Police leaders know that America’s com- working moms are a larger and larger grams with a drug and violence preven- mitment to putting criminals in jail must be percentage of the work force. Welfare tion component. The child care devel- matched by its commitment to keeping kids is pushing more and more people, most- opment block grant and the commu- from becoming criminals in the first place. ly working moms, into the workplace nity development block grant also pro- Here is another quote from our law because we have provided bipartisan vide money for child care, including enforcement officials. support for that goal. We have increas- after-school care. The Juvenile Justice ‘‘Crime Fighters Support After- ing numbers of latchkey kids in all of Act will also target millions of dollars School Programs’’: our communities, large and small. on prevention programs, including We . . . call on all public officials to pro- After-school programs for these chil- mentoring programs and after-school tect public safety by adopting commonsense dren are either nonexistent or far too programs. It has already passed the policies to: Provide for all of America’s expensive. We have studies from our House. These are just to give a few ex- school-age children and teens after-school law enforcement officials indicating amples. programs, and access to weekend and sum- overwhelmingly that between the So I, once again, must object to the mer . . . hours of 3 to 6 in the afternoon is the philosophy underlying the Senator’s This statement is very, very clear. greatest amount of juvenile crime, al- amendment to create another Federal The organization that made this state- cohol and drug experimentation, and program. While I agree that one-on-one ment—Fight Crime, Invest in Kids— sexual experimentation. All this takes mentoring and tutoring is valuable, it has 170 of the Nation’s leading police place because we have an entire gen- will help improve educational achieve- chiefs, sheriffs, and prosecutors. Across eration of young people in unsuper- ment of students, such tutoring is al- the country law enforcement officials vised settings, and these problems are ready allowable under at least 19 other support after school programs. becoming more widespread. Federal programs. Mr. President, I am hopeful that we I applaud Senator BOXER and her ef- So I have listed a number of pro- will see a little bipartisanship. You all fort to come up with an amendment grams in which we have after-school voted for it in the budget. You know that not only addresses this key issue care provided. There are 19 programs what we did. We cut Government travel but does it in a way that does not cre- that have tutoring and mentoring com- to pay for this initiative to fund 500 ate new Federal bureaucracy, does not ponents: AmeriCorps, Learn and Serve, after school programs. The local school federalize anything but instead utilizes VISTA, JUMP, the Juvenile Justice districts will design them. They will local resources, leaves the options and Mentoring Program, CAMP, the Mi- pull in community groups like Big the administration and the decisions at grant Education Mentoring Program, Brothers and Big Sisters. They will the local level. Because of all of these TRIO, are all examples of existing bring in the business community. strong reasons, I think this is a very mentoring and tutoring programs that Mr. President, we can keep our kids positive and constructive contribution are out there already. learning and keep them out of trouble. to the underlying legislation, and I cer- The Senator’s amendment, in my es- There is no magic solution to solve all tainly again applaud the Senator’s timation, would simply duplicate these the problems that our Nation is facing leadership, and yield back the time to existing programs. In addition, we find in terms of crime. But if we had to her. there are a great many volunteer orga- choose one way to fight crime it should The PRESIDING OFFICER. The Sen- nizations that are providing and sup- be to keep our kids engaged when they ator’s time has expired. plying after-school care currently. We are in school. Mrs. BOXER. I thank the Senator. are going to prohibit them, exclude I reserve the remainder of my time. I really look forward to this vote. I The PRESIDING OFFICER. The Sen- them from the possibility of even ap- hope it will be bipartisan. ator has 2 minutes remaining. plying for, competing for these grants. I yield 2 minutes to my friend, Sen- The Senator from Georgia. And so I think that is a serious, serious ator JOHNSON. Mr. COVERDELL. Mr. President, we weakness in the amendment as well. The PRESIDING OFFICER. The Sen- have just been joined by the Senator Organizations like the YMCA would be ator from California has 4 minutes 10 from Arkansas, who I believe rises in ineligible to compete for the grants seconds remaining. opposition to this amendment. I yield even though they currently are doing a Mrs. BOXER. I retain the remainder. up to 5 minutes to the Senator from tremendous job in providing after- Mr. JOHNSON. Mr. President, I Arkansas. school care in many cities and many thank the Senator from California and The PRESIDING OFFICER. The Sen- school districts. So to say it has to be applaud her great leadership on what I ator from Arkansas. school-based, run through the school, I think is one of the critical issues in our Mr. HUTCHINSON. I thank the Sen- think would unfairly exclude those Nation today. ator from Georgia. that are currently doing such a great I think it needs to be emphasized I rise to speak in opposition to the job. that the after-school program amend- Boxer amendment. My concern is that The application described in Senator ment being offered by Senator BOXER is while there is, without doubt, an ac- BOXER’s amendment is a laundry list of not an alternative to the underlying knowledged need for after-school care paperwork. Read the amendment: iden- Coverdell bill. Unlike other amend- and an acknowledged need for mentor- tify goals, provide evidence of a col- ments that we have considered today, ing and tutorial-type programs, this laborative effort, describe how the pro- this is an add-on that is independent of would be taking the wrong step in the gram would be administered, dem- the funding that is committed to the wrong direction and would create an- onstrate how the activities will utilize Coverdell legislation. other Federal program, which, in my or cooperate with programs, describe I have been holding meetings all estimation, would be highly duplica- sources of other funds, provide a fund- around my State of South Dakota, tive of existing programs, a multiplic- raising plan. All of these will require which is an overwhelmingly rural ity of Federal programs that already more bureaucrats, more administra- State. The Senator from California have been created for this purpose. tion, more reports, additional costs, represents a State with large urban School districts already have the au- and it would in all of that duplicate areas. One of the things that we share thority to establish after-school learn- what we already have out there. S3482 CONGRESSIONAL RECORD — SENATE April 23, 1998 I think it is the wrong thing for us to I do want to address several of the re- amendment to the Education IRA bill establish another Federal program marks that were made by the Senator because it will ensure schools across when we have good programs there from California with regard to the leg- our nation have the additional re- that need additional resources. We do islation in general. sources they need to establish and ex- not need to dilute that, diminish that How much time do I have remaining? pand after-school programs for school- by starting another Federal program The PRESIDING OFFICER. The Sen- aged children. With more and more for after-school care for tutoring and ator has 8 minutes 30 seconds. parents of school-aged children work- mentoring. Mr. COVERDELL. And the Senator ing outside the home, we, as a nation, So I ask my colleagues to consider from California? must make a commitment to our chil- this, do not just vote for an amend- The PRESIDING OFFICER. The Sen- dren to ensure they have safe and su- ment because it has a good purpose, be- ator from California has 2 minutes. pervised places to be during the after- Mr. COVERDELL. Mr. President, the cause it has a good goal in mind. Con- school hours. This amendment would Senator indicated that the underlying sider seriously that this program will provide much-needed funding to legislation could actually be harmful. I be competing with a whole host of Fed- schools to set up such programs in am puzzled by that statement, some- eral programs already designed to meet their buildings or other public facili- what stunned. And that we have not this need in our schools and among our ties, a cost-efficient way to provide reached out. children and teens with activities after young people. I think that need is The first point I make is that the un- the school bell rings. being met, and it would be a mistake derlying legislation, in great part, has for us to create more bureaucracy and With youth at most risk of getting been designed by a colleague of the into trouble between 3 and 8 p.m., this a new Federal program. I hope my col- Senator from California, Mr. leagues will oppose the Boxer amend- additional funding will help keep teens TORRICELLI, of New Jersey, who sits out of trouble during these critical ment. right next to her. The underlying pro- hours. I know how effective and impor- I thank the Senator from Georgia for posal has a significant component for tant after-school programs are, parents yielding this time. new school construction. The legisla- around the country know it and our The PRESIDING OFFICER. The Sen- tion was designed and offered in the Fi- law enforcement officers know it. In ator from Georgia. nance Committee by the Senator from Mr. COVERDELL. Mr. President, I fact, a recent survey of nearly 800 po- Florida, Mr. GRAHAM, on the other side lice chiefs from across the nation found wonder if the Senator will yield for a of the aisle. The underlying proposal that 90 percent of the chiefs viewed question. As I understand what the has a very key provision to enforce or prevention as a key factor in reducing Senator is saying, we have sort of got- reinforce States that have prepaid tui- our nation’s juvenile crime rates. In ten ourselves into this difficulty over tion to help children meet college the years by creating another program costs, and that was designed by Sen- my opinion, the best crime reduction strategy is one which prevents crime and another program. How many pro- ator BREAUX, of Louisiana, on the grams did the Senator say we already other side of the aisle. The underlying from happening. The $250 million au- have? provision has a key component to help thorized in this amendment is a good Mr. HUTCHINSON. There are 19 ex- employers help employees who need investment, not only because it will isting programs for mentoring and tu- continuing education, and that was ei- provide children with a safe haven, but also because it will likely lead to re- toring on the books as well as a whole ther designed by Senator MOYNIHAN host of programs dealing with after- from New York or Senator BREAUX duced crime rates in neighborhoods school care. from Louisiana. which choose to implement or expand The PRESIDING OFFICER. The So the underlying proposal, if you their after-school programs. Chair would advise the Senator from really want to add up just the financial I am particularly pleased with the Georgia has 10 minutes. impact, is 80 percent designed by the flexibility provided in Senator BOXER’s Mr. COVERDELL. I appreciate that, other side of the aisle and about 20 per- amendment. While no school is re- Mr. President. cent from our side. I guess in the gen- quired to participate, those which do In reading the amendment, it appears eral division of the issues, it is about may use the funds for children of any to me this establishes a direct link be- 50/50. But the underlying proposal will age—from kindergarten through high tween the Department of Education— make available to 14 million families school. Those schools which choose to Federal—and a school. I do not see and half the school population of the participate would also have the flexi- from reading this that the grant proc- United States, or thereabouts, the ben- bility to decide what sort of programs ess would run through the State’s efits of education savings accounts to offer. For example, schools receiving board of education or the district board that their parents or sponsors can grants could engage in mentoring ac- of education. This would be school to open; will reinforce the prepaid tuition tivities, tutoring or academic assist- the Secretary. programs of 21 States in the Union, 17 ance programs, recreational activities Mr. HUTCHINSON. That is my under- of which are coming on board; will sup- or technology training. So long as a standing as well, which is another step port continuing education for 1 million school offers at least two of these ac- I believe in federalizing our local employees, 1 million students in these tivities, it would meet the grant’s eli- schools and removing the control ulti- prepaid tuition programs, and 250,000 gibility requirements. Schools could mately from the local schools. graduate students. also offer drug or alcohol prevention Mr. COVERDELL. I did think that I know we can have our differences programs, gang prevention programs, was a philosophical problem, but I about how to confront the issue of edu- health and nutrition counseling and think the more important issue that cation. It is good that we are having job skills training. These broad cat- the Senator raises is this layering and the debate. We all want to improve it. egories of activities will allow the local layering and layering. We are strug- We all want to get ready for the new schools to decide how their children gling with that in every component of century. But I don’t think it is accu- spend their after-school hours while en- the Government. I don’t know how rate to suggest that the underlying suring that the children and teens are many programs we have for students. proposition would be harmful, A, or, B, engaged in productive activities. It just seems that we keep coming up that it is a partisan instrument, be- Vermont is fortunate to have a wide with one after another after another. cause it just is not. variety of after-school programs avail- Mr. HUTCHINSON. With another new Mr. President, how much time re- able for children, both on and off program, there is another layer of bu- mains on my side? school campuses. I have been working reaucracy, another level of bureauc- The PRESIDING OFFICER. The Sen- to ensure this diversity of programs racy created. It really dilutes the re- ator from Georgia has 5 minutes 15 sec- continues. But, I hear again and again sources we have actually getting to onds. from parents in Vermont that we need those kids who are in need of after- Mr. COVERDELL. I reserve the re- more after-school programs for our school caring and one-on-one tutoring. mainder of my time. state’s children. Senator BOXER’s Mr. COVERDELL. I appreciate the Mr. LEAHY. Mr. President, I rise amendment would ensure one piece of remarks of the Senator from Arkansas. today in support of Senator BOXER’s the puzzle is better funded—after- April 23, 1998 CONGRESSIONAL RECORD — SENATE S3483 school programs on school and public agreed to it unanimously in the budg- Frankly, I am one of those who property. I plan to continue pushing et. We already debated this Boxer thinks the Federal system has become for other resources for after-school, amendment, this exact same thing, in so ensnarled that it severely constrains evening and weekend programs, includ- the budget resolution. The Senator and restricts local communities. We ing in S.10, the Violent and Repeat Ju- from Arkansas didn’t object to it then. had a story here just the other day of venile Offender Act of 1997. As the In addition the Senator from Arkan- a person—they couldn’t build new Ranking Member of the Judiciary sas cites a lot of programs that could classrooms. They needed new teachers, Committee, I have been fighting hard fund after school initiatives, but those but they had to have the classrooms to to ensure that S.10 has dedicated fund- programs are not exclusively for after reduce class size. Because of Federal ing for a variety of crime prevention school; they also could fund senior citi- constraints, they couldn’t get it done. I programs. Senator BOXER’s amendment zens, parenting skills, or employment think the idea of loosening the flexibil- is a perfect complement to these ongo- counseling. There is no direct program ity is good. ing efforts. that responds to the fact that after With regard to testing, it is very con- The PRESIDING OFFICER. Who school the crime rate soars and doesn’t troversial. There are many of us who yields time? The Senator from Califor- stop until mom and dad get home. believe national tests will set national nia. Do you know how we pay for this pro- curricula and that national tests will Mrs. BOXER. Mr. President, I ask for gram? By cutting the travel budget for be designed to enforce our current— a minute of my time to say simply that bureaucrats. This seems a reasonable could even be designed to ratify the Senator COVERDELL criticizes my pro- price to pay to protect and educate our current crisis we have. posal because it is a new program when children after school. My only question about national he in fact is putting forward a new pro- The PRESIDING OFFICER. The testing is this. Every week I read about gram. The issue is not about creating a Chair will advise the Senator she has 1 the condition of our fourth graders, our new program. He doesn’t like this pro- minute. eighth graders, how we compete with gram, he likes his. Mrs. BOXER. Do I have 1 minute re- the international community. I do not Senator COVERDELL’s proposal gives maining? find a shortage in this country of un- the average private school household a The PRESIDING OFFICER. The Sen- derstanding the crisis we have in $37 a year benefit; if you are in public ator has used her minute. She has a grades kindergarten through high school, you fare worse, $7 a year. And minute of the Senator from Georgia. school. We know a third of the students he likes the program. That is fine. But Mrs. BOXER. Thank you, Mr. Presi- get there and can’t read right. We he doesn’t talk about these deleterious dent. I will withhold until my col- know only four out of ten of the stu- amendments that have made this a league completes his remarks. dents in inner-city schools can’t pass a very dangerous bill by canceling 20 pro- Mr. COVERDELL. I assume I have basic exam. We know if we take all the grams that help our children read and somewhere in the range of 4 minutes? schools and put them together, only 6 learn. Programs created by President The PRESIDING OFFICER. The Sen- out of 10 can pass a basic exam. We Eisenhower, Senator Javits, tried and ator has 4 minutes left. don’t need any more testing. We need true programs, are canceled, put in a Mr. COVERDELL. Mr. President, the some innovation. We need some change block grant to let the locals do what first point I want to reiterate is, we do and reform like we are talking about. they want. have to acknowledge, apart from the We know what is happening. We are The fact is, the local districts like amendments, that the points I made a losing, as we come to the new century. these programs yet this bill seeks to moment ago are all in the underlying I reserve the remainder of my time. eliminate them. Other programs sup- bill: Education savings accounts for 14 The PRESIDING OFFICER. The Sen- ported by local districts are rejected million families, 20 million children. ator has 20 seconds remaining. out of hand. The Senate rejects putting And I might point out, those savings Mr. COVERDELL. I yield back my 20 more teachers in the classroom; rejects accounts will bring—when you use the seconds and dedicate my final minute any national testing. This is a bill that figures $37 and $7, you are only talking to the Senator from California. has now been amended in such a fash- about the interest that is saved be- The PRESIDING OFFICER. The Sen- ion it does harm to our children. cause we didn’t tax it in a given year. ator from California. The PRESIDING OFFICER. The Sen- When you talk about the savings ac- Mrs. BOXER. My colleague is very ator’s 1 minute has expired. counts, you have to look at the prin- generous. I thank him. In rapid fire, I Mrs. BOXER. I reserved that 1 cipal, and what happens is, when we will try to respond. minute, if the Senator will take his create them, Americans do very big The underlying bill really does no time now. things and they go out and save, over a harm. As amended, this bill does a Mr. COVERDELL. Please proceed. 10-year period, $10 billion. That $10 bil- huge amount of harm, because it takes Mrs. BOXER. All right, we will do lion—$5 billion will support students in the National government out of the that. I just ask the Senator, since he public schools and $5 billion will sup- whole issue of education for our chil- has 5 minutes and I have a minute, if I port students in private schools, with- dren. It takes us backward, away from feel compelled, will he give me an addi- out us having to raise another dime. visionaries like President Eisenhower, tional 60 seconds to respond to his con- No taxes have to be raised, no property who said the strength of the Nation cluding remarks? tax, no income tax. This is families lies in its children. The National Gov- Mr. COVERDELL. I will be glad to stepping forward with a huge infusion ernment, if it truly cares about its yield a minute of my time to the dis- of money. We are building new schools; children, should fill the gaps that are tinguished Senator from California. we are helping employees with continu- identified by local government. And Mrs. BOXER. The Senator is a good ing education; we are helping millions that is what is done away with in the debater, so I want to have that oppor- of students with the costs of higher Gorton amendment. tunity. education. Essentially, the Gorton amendment But I also want to respond to the To the amendment that the Senator is saying to the people that education Senator from Arkansas. I am sorry he has addressed, let me just say first, the is not important on the national level. is no longer in the Senate chamber. He amendment permitting block grants is We know if we scratch the surface, has criticized this after-school program totally voluntary; no one is required to many of our colleagues don’t want a because it is a new program. In actual- do anything. It is a 3-year experiment Department of Education. That is what ity this is not a new program. The that says if California wants to keep this is about. This takes away 75 per- after school programs that would be the system the way it is, fine. If they cent of the Department of Education’s funded by this amendment are going would like to experiment with the ability to at least in some way engage on. The local districts are doing a great block grant, they might do that. If in the educational programs helping job, but they need help, and more want they want to experiment with the children in kindergarten through grade to do this. grant going directly to the school dis- twelve. And to say that our children The Senator from Arkansas criticizes trict, they might. But nothing is or- don’t need any testing—you just ask this program yet his side of the aisle dered. the parents if they want testing. How S3484 CONGRESSIONAL RECORD — SENATE April 23, 1998 can we talk about accountability with- relating to these amendments appear (d) REPORT.—Upon completion of the study out voluntarily testing? at the appropriate place in the RECORD. under this section, the Comptroller General So, in closing, I thank my friend for The PRESIDING OFFICER. Without shall prepare, and submit to Congress, a re- his generosity. I hope we will support objection, it is so ordered. port that contains the results of the study conducted under this section, and such find- this modest bill, to bring down the The clerk will report the amend- ings and recommendations as the Comptrol- crime rate and lift up our children. It ments. ler General determines to be appropriate. is paid for in the budget, and I look for- The bill clerk read as follows: Mr. MCCAIN. Mr. President, I rise ward to a bipartisan vote. The Senator from Georgia [Mr. COVERDELL] today to offer an amendment which I yield the floor. proposes amendments numbered 2298 and would mandate a study of Mr. COVERDELL addressed the 2307. multilingualism in the United States. Chair. The amendments are as follows: This amendment would direct the The PRESIDING OFFICER. The Sen- AMENDMENT NO. 2298 Comptroller General of the United ator from Georgia. (Purpose: To provide for a study of States to identify, examine and ana- Mr. COVERDELL. Mr. President, I multilingualism in the United States) lyze the number of individuals who are move to table the amendment of the At the appropriate place, insert the follow- proficient in English, but are also pro- Senator from California. ing: ficient in one or more additional lan- I think we are going to set the SEC. ll. MULTILINGUALISM STUDY. guages. amendment aside for a stacked vote. I (a) FINDINGS.—Congress finds that even I believe that we can all agree that it withdraw my motion and will make the though all residents of the United States is imperative for everyone in the motion at the appropriate time. We should be proficient in English, without re- United States to be fluent in English in will be moving to debate on the Binga- gard to their country of birth, it is also of order to succeed in today’s society. man amendment. vital importance to the competitiveness of This is why we need to continue en- the United States that those residents be en- Mrs. BOXER. Will the Senator yield? couraging all members of our society Mr. COVERDELL. Yes. couraged to learn other languages. (b) RESIDENT OF THE UNITED STATES DE- to be fluent in the English language. Mrs. BOXER. I just want to guaran- However, I believe it is equally impor- tee that we will have a vote on a ta- FINED.—In this section, the term ‘‘resident of the United States’’ means an individual who tant for us to encourage all members of bling motion or an up-or-down vote. resides in the United States, other than an our society to understand English— Mr. COVERDELL. We will. alien who is not lawfully present in the Plus one or more additional languages. Mrs. BOXER. I have the Senator’s United States. Currently, I am working with members word, and I am pleased with that. (c) STUDY.— of the Hispanic task force in this effort Thank you. (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the to stress the importance of speaking UNANIMOUS CONSENT AGREEMENTS English—Plus other languages. This Mr. COVERDELL. Mr. President, I Comptroller General of the United States (referred to in this section as the ‘‘Comptrol- study of multilingualism is a practical ask unanimous consent that following ler General’’) shall conduct a study of step in our efforts to encourage the debate on the Bingaman amend- multilingualism in the United States in ac- English—Plus the knowledge of many ment, it be in order for Senator COVER- cordance with this section. other languages. DELL to offer a first-degree amendment (2) REQUIREMENTS.— As I have stated, English is clearly regarding reading excellence. I further (A) IN GENERAL.—The study conducted the common language in the United ask unanimous consent that no amend- under this section shall ascertain— States and is an important aspect of (i) the percentage of residents in the ments be in order to either amendment our society and individual success. and, finally, that the vote occur on, or United States who are proficient in English and at least 1 other language; However, it is equally important that in relation to, the Coverdell amend- (ii) the predominant language other than we encourage and support efforts by in- ment prior to the vote on, or in rela- English in which residents referred to in dividuals to become proficient in addi- tion to, the Bingaman amendment. clause (i) are proficient; tional languages and broaden their op- The PRESIDING OFFICER. Is there (iii) the percentage of the residents de- portunities for success. objection? Without objection, it is so scribed in clause (i) who were born in a for- I wholeheartedly applaud people who ordered. eign country; have the capability to communicate in Mr. COVERDELL. Mr. President, I (iv) the percentage of the residents de- scribed in clause (i) who were born in the multiple languages. Not only do they ask unanimous consent that following posses valuable language skills, but the vote on, or in relation to, the Levin United States; (v) the percentage of the residents de- their knowledge of various languages second-degree amendment, if the Levin scribed in clause (iv) who are second-genera- affords them a multitude of opportuni- second-degree amendment is defeated, tion residents of the United States; and ties economically, socially, profes- the Senate proceed to the immediate (vi) the percentage of the residents de- sionally and personally. consideration of the Levin first-degree scribed in clause (iv) who are third-genera- The ability to speak one or more lan- amendment, as amended by the tion residents of the United States. guages, in addition to English, is a tre- Ashcroft amendment, and the Levin (B) AGE-SPECIFIC CATEGORIES.—The study mendous resource to the United States under this section shall, with respect to the first-degree amendment be agreed to because it enhances our competitive- and the motion to reconsider be laid residents described in subparagraph (A)(i), determine the number of those residents in ness in global markets by enabling im- upon the table. each of the following categories: proved communication and cross-cul- The PRESIDING OFFICER. Is there (i) Residents who have not attained the age tural understanding while trading and objection? Without objection, it is so of 12. conducting international business. In ordered. (ii) Residents have attained the age of 12, addition, multilingualism enhances our AMENDMENTS NOS. 2298 AND 2307, EN BLOC but have not attained the age of 18. nation’s diplomatic efforts and leader- Mr. COVERDELL. Mr. President, I (iii) Residents who have attained the age of ship role on the international front by ask unanimous consent that it be in 18, but have not attained the age of 50. (iv) Residents who have attained the age of fostering greater communication and order at this time to offer two amend- 50. understanding between nations and ments en bloc, an amendment on behalf (C) FEDERAL PROGRAMS.—In conducting the their people. of Senator MCCAIN on multilingualism study under this section, the Comptroller Foreign language skills also serve as and an amendment on behalf of Sen- General shall establish a list of each Federal a powerful tool for promoting greater ator DORGAN regarding safer schools. program that encourages multilingualism cross-cultural understanding between The PRESIDING OFFICER. Without with respect to any category of residents de- the multitude of racial and ethnic objection, it is so ordered. scribed in subparagraph (B). groups in our country. Mr. COVERDELL. Mr. President, I (D) COMPARISONS.—In conducting the study The data collected from the study re- ask unanimous consent that following under this section, the Comptroller General quired by this legislation would enable shall compare the multilingual population the reporting of the amendments, the described in subparagraph (A) with the mul- us to identify the linguistic strengths amendments be agreed to and the mo- tilingual populations of foreign countries— and weaknesses in our society. Based tions to reconsider be laid upon the (i) in the Western hemisphere; and upon this study we would be able to de- table, en bloc, and that any statements (ii) in Asia. velop innovate initiatives which would April 23, 1998 CONGRESSIONAL RECORD — SENATE S3485 promote the importance of foreign lan- The first obvious point is that there Mr. BINGAMAN. Yes, Mr. President, guage skills, while providing a basis for is a serious, pervasive dropout problem I yield 5 minutes to the Senator from expanding our nation’s linguistic abili- in our Nation’s schools. I see this in my Nevada. ties. State every day. I am sure each Sen- The PRESIDING OFFICER. The Sen- The information we gather from this ator who has visited schools in his or ator is recognized for 5 minutes. study will be invaluable in many as- her State sees the same problem. Over Mr. REID. Will the Chair inform me pects of our society. It is important half a million students drop out of when I have 30 seconds left? that we encourage and support every- school each year before they complete I ask unanimous consent that Sen- body, no matter what their age, in high school, and they are joining a ator BRYAN be added as a cosponsor. learning one or more languages in addi- group of almost 4 million young adults The PRESIDING OFFICER. Without tion to English, since the opportunities who have neither graduated nor are objection, it is so ordered. which exist for individuals who can getting a GED in lieu of graduation. Mr. REID. Mr. President, I underline master additional languages are end- The second point is that dropout and underscore every word said by my less. rates are disproportionately high colleague from New Mexico. This is a AMENDMENT NO. 2307 among low-income and minority stu- serious problem. The little amount of (Purpose: To promote school safety) dents. That is just a fact, which we will money that we want to spend on this will save inordinate amounts of money At the end, add the following: get into more in the discussion in the minutes ahead. in welfare costs, costs to our criminal SEC. . SAFER SCHOOLS. The third point is that the cost of justice system and in our education (a) SHORT TITLE.—This section may be cited as the ‘‘Safer Schools Act of 1998’’. this dropout crisis far exceeds the cost system. This amendment, in my opin- (b) AMENDMENT.—Section 14601 of the Gun- of preventing it. There may be some ion, is the most important aspect of Free Schools Act of 1994 (20 U.S.C. 8921) is who suggest that my amendment, by the legislation with which we have amended by adding at the end the following proposing to spend as much as $150 mil- dealt. If we are going to do something new subsection: lion a year, is going to bust the budget. about education, we have to slow down (g) ‘‘For the purposes of this section, a I suggest that we are spending more on and, if possible, stop the dropout rate weapon that has been determined to have the problem of unemployment, on wel- in our schools. been brought to a school by a student shall High school dropouts: Mr. President, be admissible as evidence in any internal fare, on juvenile crime, on the incar- school disciplinary proceeding (related to an ceration of the 4 million undereducated unemployment rates of high school expulsion under this section.’’. young people than we are proposing in dropouts are more than twice those of The PRESIDING OFFICER. The this amendment as a solution to the high school graduates. The probability amendments are agreed to. problem. of falling into poverty is three times The amendments (Nos. 2298 and 2307) The fourth point is that there is no higher for high school dropouts than were agreed to. Federal funding targeted to help mid- for students who have finished high Mr. COVERDELL. Mr. President, I dle and high schools deal with this school. The median personal income of high believe at this time the order of the problem today. school graduates during prime earning day is to go to the Bingaman amend- The amendment would allow over years, 25 years to 54 years, is nearly ment. 2,000 of the schools with the highest twice that of high school dropouts. The PRESIDING OFFICER. The Sen- dropout rates in each State to compete That figure is startling. ator from New Mexico. for $50,000 restructuring grants. That is The future of high school dropouts: Mr. BINGAMAN. I thank the Senator what we are talking about, very small What is the future? They may have a from Georgia. amounts of money that would help job making a lot of money in lawn Parliamentary inquiry. Is the amend- these schools to begin the restructur- maintenance or working in a service ment that I am proposing at the desk, ing process to deal with the dropout station. The median personal income of or should I send it to the desk? problem. The fifth point is that the amend- college graduates is more than three The PRESIDING OFFICER. If the ment does not add a new Federal edu- times that of high school dropouts. Senator can send the amendment to cation program. Instead, it replaces an Among prisoners in the United the desk. unfunded dropout demonstration pro- States, 82 percent of the prisoners in AMENDMENT NO. 2308 gram from the 1994 Improving Ameri- the United States never finished high (Purpose: To provide for dropout prevention) ca’s Schools Act. school. That should send a message to Mr. BINGAMAN. Mr. President, I Sixth, this amendment would provide this body loud and clear. send the amendment to the desk and funding to every State. It would allow The children of dropouts have a much ask for its immediate consideration. local schools to determine what drop- greater chance of dropping out of The PRESIDING OFFICER. The out prevention method works best for school. clerk will report. them. We are not dictating the course The demographics of the State of Ne- The bill clerk read as follows: or the steps each school should take, vada and many Western States are The Senator from New Mexico [Mr. BINGA- but we are trying to assist them in be- changing rapidly. In the State of Ne- MAN], for himself, Mr. REID, Mrs. FEINSTEIN, ginning to take the steps to deal with vada, the Hispanic population is rising Mr. CHAFEE, and Mr. BRYAN, proposes an the problem. very rapidly, adding a great deal to the amendment numbered 2308. Finally, reducing dropout rates needs culture of the State of Nevada, which Mr. BINGAMAN. Mr. President, I ask to be a bipartisan national education is named after Hispanics—Nevada, unanimous consent that the reading of goal. It was identified as such in 1989. snow-cap; Las Vegas, the meadows. the amendment be dispensed with. When President Bush met with all 50 The dropout rate among Hispanic The PRESIDING OFFICER. Without Governors in Charlottesville, it was the students is 30 percent compared to an objection, it is so ordered. second education goal we identified: At overall rate of 11 percent, about three (The text of the amendment is print- least 90 percent of our students would times higher than any other group of ed in today’s RECORD under ‘‘Amend- complete high school, would graduate. people. The Hispanic unemployment ments Submitted.’’) We have never had a serious effort to rate is 11.3 percent compared to 7.3 per- Mr. BINGAMAN. Mr. President, this reach that goal. It is time we did. This cent for non-Hispanics. amendment is being offered on behalf amendment begins to move us in that In 1991, Mr. President, 49 percent of of myself, Senator REID, Senator FEIN- direction. all persons living in Hispanic house- STEIN and Senator CHAFEE. What I Before I go on to any further discus- holds received some type of assistance. would like to do is very briefly describe sion, I yield to my colleague, Senator This is much, much higher than any what the amendment is and then yield REID, who has been a leader on this other group of people in the United to my colleague from Nevada for his issue. States. This cries out for doing some- comments. Then I will come back and Mr. REID. Mr. President, it is my un- thing about dropouts, when the drop- make further statements in behalf of derstanding, I say to my friend from out rate is 30 percent, three times high- the amendment. New Mexico, that I have 5 minutes. er than any other group. S3486 CONGRESSIONAL RECORD — SENATE April 23, 1998 According to the U.S. Census Bureau, the highest of these lines and shows Mr. COVERDELL. Mr. President, I Hispanic Americans will make up near- the seriousness of the problem. Drop- yield as much of our time as is nec- ly 20 percent of the U.S. population by out rates have not declined in recent essary to the distinguished Senator the year 2030. This bill is not directed years. This is not a problem that is fix- from Tennessee who rises in opposition toward Hispanics, but Hispanics will ing itself; this is a problem that needs to the Bingaman amendment. benefit significantly from this legisla- additional attention. Dropout rates are The PRESIDING OFFICER. The Sen- tion. particularly adverse among the His- ator from Tennessee is recognized. Mr. President, we need to make these panic population. Mr. FRIST. Mr. President, please no- changes. I congratulate and applaud Let me show another chart here, Mr. tify me at 13 minutes. the leadership of the Senator from New President. You can see this is called Mr. President, I rise in opposition to Mexico. ‘‘The Status Dropout Rate.’’ That indi- the amendment by the Senator from Dropouts in high school are a prob- cates, rather than an annual rate, this New Mexico. Senator BINGAMAN has of- lem we must address. We must do it is how many of our students have left fered an amendment which would cre- soon. The aim of our legislation is to school essentially before they grad- ate a new program intended to lower encourage the type of innovative uate. You can see that this red line— dropout rates in our Nation’s schools. thinking that is working other places, representing the Hispanic students in It does replace a program that was in adopt and use those programs that our school system—it is consistently existence up until 1995. That program work well. Each school would receive a over 30 percent. We essentially are los- is no longer funded, nor was funding re- little bit of money, because we found it ing a third of the Hispanic students in quested by the President of the United only takes a little bit to make a great our school system before they complete States back in 1995, 1996, 1997, nor was deal of difference. I ask all my col- high school under the present cir- it requested by the Department of Edu- leagues to join in supporting this most cumstance. cation, as I understand. It is a new pro- important amendment. There was recently a report done gram, though, and I will come back to Mr. BINGAMAN. Mr. President, how called the ‘‘Hispanic Dropout Project that. much time remains on our side? Report, No More Excuses.’’ That report Senator BINGAMAN’s amendment The PRESIDING OFFICER (Mr. makes the case very convincingly that would amend title V of the Elementary HUTCHINSON). The Senator from New new strategies are needed, new efforts and Secondary Education Act of 1965 to Mexico has 7 minutes 39 seconds re- are needed, to deal with this problem. authorize this new entity, and up to maining. Let me show one other chart here, $125 million in that first year, with the Mr. BINGAMAN. Mr. President, I just because I know every Senator here objective which I obviously share; that yield myself 5 minutes of that time and is concerned about his or her State in is, reducing dropout rates. reserve the rest so that I can use the particular. This is a listing of the drop- Secondly, the amendment, as I men- remainder to summarize after the op- out counts and annual rates for States tioned, authorizes $125 million for ponents have spoken. by State, starting with the State with grants in that first year and authorizes But let me just go into this a little the highest dropout rate. Unfortu- an additional $25 million for a national more in depth. I appreciate the strong nately—and this, I am sure, is one of clearinghouse on dropout data. support of the Senator from Nevada. the reasons that the Senator from Ne- In addition, it would create an office What this amendment tries to do is to vada is so concerned about this issue— in the Department of Education, it begin to focus our attention as a na- Nevada, according to this, had the would create a new office of dropout tion on what I see as a very, very seri- highest dropout rate in 1993–94. Next prevention, and would also allow for ous problem in our educational system. was Georgia, the manager’s State, that the creation of a dropout czar at the And that is the problem that many, had an 8.7 percent dropout rate. And Department of Education to focus at- many of our students are not ever com- third was New Mexico, my own State, tention on this issue. pleting their high school education, in with an 8 percent dropout rate. That I say all of that because it is a new means, every year, 8 percent of the stu- some cases are not completing their program not currently funded. It is a dents in the school system drop out. middle school education. These stu- Federal program. And that is impor- So over the period of 4 years of high tant, because so much of the discussion dents are leaving the schools in large school and even some part of middle that we have undertaken over the last numbers, and we as a society are hav- school, we lose more than 30 percent in 3 to 4 days and that I, as chairman of ing to make accommodation to the many of our schools. fact that we have large numbers of These are crucial issues in my State. the Senate Budget Committee Task young uneducated people coming into I run into this problem as I go around Force on Education, have reviewed the work force. my State talking to parents, talking to over the last 6 months is that if there So what we are trying to do is to school administrators, talking to is one thing we have too many Federal begin the process of focusing attention teachers, talking to the students them- programs with too much overlap, and on it, begin the process of reversing selves. it is too confusing and too burdensome. this trend. Let me show a few charts It is time for the country to act. It is I think we have made great progress in here, Mr. President, just to make the not enough to just say, ‘‘This can get the last 2 days on this bill and in sim- points. handled by the larger issues. We don’t plifying and streamlining with some of This first chart is called ‘‘Event need to make special efforts with re- the amendments as well. Dropout Rates for Grades 10 through gard to this. It will take care of itself. The second point I want to come 12, Ages 15 through 24, By Race and As the general educational system im- back to is that we do have a problem Ethnicity.’’ And this is the period 1972 proves, maybe this problem will go today in dropout rates, but we have through October of 1995. away too.’’ That is not an adequate an- made huge progress, huge progress, You can see on this chart that for the swer. We need to do better than that. over the last 30 years. I have had the white non-Hispanic students, although The simple truth is that too many of opportunity to go back and look at the they have had the lowest annual drop- our schools are not meeting the aca- statistics and the data in our task out rate of any group, that dropout demic, the vocational, or the other force. We need to do a lot more. I en- rate has been increasing, not decreas- needs of students. Students are leaving courage all of us, and maybe we can ing, in recent years. So this is a prob- those schools. They are bored with the take it back to the Labor Committee lem that affects everybody. watered down, repetitive courses, and where we can really analyze this data The non-Hispanic black students— in many cases they are alienated by and see what the trends mean. that is this green line—it has been the very size of the schools. But basically there are two points I coming down somewhat. The general The PRESIDING OFFICER. The Sen- want to make. I think we need fewer trend is down. But it also is quite high ator has used 5 minutes. programs, not just another program, to and is not near where it should be. Mr. BINGAMAN. Mr. President, as I address problems; and, No. 2, real Of course, the red line—which is the indicated, I will reserve the remainder progress has been made in lowering the line that represents the Hispanic stu- of my time until after the opponents dropout rate among all subgroups in dents in our school system—it is by far have spoken. this country, some more than others. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3487 The 1997 Digest of Education Statis- decide how, for themselves, based on oversee approximately $7 billion in tics, produced by the National Center their priorities, based on their needs, State funds. The point being it takes for Education Statistics on this very they can address that specific problem almost six times as many people to ad- issue, has a chart. Contrary to what and spend those education dollars that minister a Federal dollar as a State Senator BINGAMAN has said, let me go we provide. Clearly, our current system dollar. back and look at the entire 36-year pe- of complicated overlapping programs is For some reason, and it has been re- riod, because I think it puts it in a not the answer, and therefore I hesi- flected on the floor over the last 2 much better perspective for us. tate and therefore oppose having an- days, we had a problematic reluctance From 1960 to 1996, the dropout rate other new Federal program in this re- to ask the question, ‘‘What works, has fallen dramatically, from 27.2 per- gard. what doesn’t work,’’ and let us promote cent down to 11 percent. The dropout I have spoken a number of times what works. I have been dismayed rate over this period of time has fallen about findings of the task force itself. through the whole process of the last by much more than a half—almost by It really comes down to having a frag- several months looking at education, two-thirds. The current dropout rate is mented Federal education effort; it looking at the sort of chart that you 11.1 percent. In fact, if we look at the ends up being uncoordinated. The Gen- just saw where we have 127 programs data from the last several years, we eral Accounting Office in our hearings already designed to look at that at-risk have not improved in science in the presented testimony to the task force youth. Is 128 going to make a dif- last 30 years and we have not improved and noted how the Federal Government ference? I think not. in math and we have not improved in does target certain populations with a In summary, if you step away from reading. The one area we have im- variety of Federal education programs. it, we have a too-complicated Federal proved in education in this country is Again, the block grant approach effort today. We don’t need to have one lowering that dropout rate. I don’t through the Gorton-Frist amendment more program in this already incoher- want to minimize the problem because still allows the existence of programs ent structure. No. 2, we have data to I agree it is a problem, but we cut it but you give individual school districts show that we have made, since 1960, not just by a quarter, not just by a or States the opportunity to use that dramatic progress, improvements in half, but almost two-thirds, down to money as they see fit or to keep those the dropout rates. Still, we have a 11.1 percent. categorical programs. problem. Still we need to address it. I In the same 1997 Digest, we learn The General Accounting Office, in argue that the best place to address from 1972 to 1996, look at women of His- this chart I will show briefly on the that instead of right now on the floor panic origin, the rate has dropped from floor, illustrates the problem that we where very few people have this data is 34.9 to 28.3—still too high. The intent of have today by just having another pro- in a committee, where you can debate the amendment is to address the 28.3 gram. This chart shows target groups it, look at the data, analyze it, and say percent, but it is the wrong approach, served by multiple programs and agen- why is one group doing better and one another Federal program. If we look at cies. In the middle is the target group is not. black men, the rate has dropped from which is aimed by the Federal Govern- Third, the Senate did agree yesterday 30.6 percent in 1967 down to 13 percent ment called ‘‘at-risk and delinquent to the Gorton-Frist block grant ap- in 1996. That is dramatic. Not by just youth.’’ This is the area that the drop- proach which gives the opportunity for half, but two-thirds. Currently, it is out rate potential student exists. Look a State or a locality to obtain the same 13.6 percent. Women of all races, the what we have today. Department of amount of funds and use those funds to rate has dropped from 26.7 percent in Agriculture has programs, Department address the specific problem—whether 1960 to 10.9 percent in 1996. I wish we of Education has programs, Depart- it is the dropout rate or whether it is could see that much progress made in ment of Health and Human Services technology or whether it is more improvement in terms of science, has programs, Department of the Inte- books, they get to choose. For these three reasons, I urge my math, and reading where we haven’t rior has programs, and now we want to colleagues to oppose and defeat Sen- seen any progress whatever. For men of add yet another program. ator BINGAMAN’s amendment. I look In fact, for this ‘‘at-risk youth’’ tar- all races, the rate has dropped from 27.8 forward to working with him in the get group, we have 59 programs at the percent in 1960 down to 11.4 percent in Labor Committee to address the issue Department of Health and Human 1996. So we have made huge progress that he has brought to the floor. over the last 30 years. Services, 7 administered by the Depart- Mrs. FEINSTEIN. Mr. President, I Senator BINGAMAN and I are both ment of Defense, 8 by the Department am pleased to support Senators BINGA- members of the Senate Labor and of Education, 4 by the Department of MAN and REID today and I thank them Human Resources Committee, and Housing and Urban Development, 9 by for including my suggestions to be much of the data I refer to was re- the Department of Labor, 22 by the De- more explicit in how school districts viewed in the Senate Budget Commit- partment of Justice, 3 by the Depart- use funds authorized for dropout pre- tee task force. I do hope we have the ment of the Interior, 7 by the Depart- vention. opportunity, regardless of the outcome ment of Agriculture, and 8 by various At my suggestion, Senators BINGA- of this amendment, to go back and ask other agencies. We have 127 Federal MAN and REID added several specific why the Hispanic dropout rate has got- programs right now that are directed strategies to the activities authorized ten better but not as good as we would to at-risk and delinquent youth. We by their original amendment. Under like and why for black men it has got- take it from 127 to 128. I think we can’t the original Bingaman-Reid amend- ten remarkably better. I do not fully kid ourselves that by adding another ment, funds would be authorized as understand that and would like to find new program to address this fundamen- grants to states and states would in out in committee through hearings to tal problem, that that will be the an- turn award grants to public middle and see if we can address and if we can swer. secondary schools for activities like come up with an overall strategy. The task force also held a hearing on professional development and planning I suggest we look at creative ways to January 28 called ‘‘Federal Education and research. assist all of our students. We ap- Funding: The State and Local Perspec- Under the Feinstein amendment, proached that to some extent yester- tive.’’ It was made clear at the hearing schools could also use grants for reme- day through the block grant, the Gor- that additional Federal programs, dial education; reducing pupil-teacher ton-Frist amendent yesterday, which which have numerous regulations and ratios; efforts to help students meet really allows States and localities to are costly to administer, is just simply achievement standards, such as tutor- identify problems like this which may not the best approach. In terms of the ing or enrichment programs; and coun- not be in every locality, which are not Federal burden, the commissioner of seling for at-risk students. in every locality, every school district, education for the State of Florida told I believe that the additions I sug- but allow States and localities to iden- the task force, using an example, that gested provide some concrete guidance tify for themselves what that problem it takes 297 State employees to oversee to the states and represent specific, would be, and give them, through this and administer $1 billion in Federal targeted strategies aimed at the under- block grant approach, the flexibility to funds; in contrast, only 374 employees lying causes of the dropout problem. S3488 CONGRESSIONAL RECORD — SENATE April 23, 1998 Students at risk of dropping out need points that were made by the Senator AMENDMENT NO. 2309 extra help and attention, such as from Tennessee. He says we made huge (Purpose: To provide for reading excellence) smaller classes, counseling, and after- progress. That is not what the people Mr. COVERDELL. Mr. President, I school academic programs and summer in my State believe. That is not what send an amendment to the desk and school. They require more than the the school administrators and students ask for its immediate consideration. normal school program, but schools are and parents in my State believe. The PRESIDING OFFICER. The strapped as it is and this new ‘‘injec- The Department of Education report clerk will report. tion’’ of funding can help schools pro- that just came out this year indicates The assistant legislative clerk read vide these extra services. their conclusion is that there has been as follows: For example, limited English speak- no overall progress in lowering dropout The Senator from Georgia [Mr. COVERDELL] ing proficiency is a major risk factor rates during the last 10 years. That is proposes an amendment numbered 2309. for dropping out school, especially for the decade during which we were sup- Mr. COVERDELL. Mr. President, I Latino children, according to the Gen- posed to be moving up to 90 percent of ask unanimous consent that reading of eral Accounting Office in their July all of our students completing high the amendment be dispensed with. 1994 report. For Latino students born school before they left school. The PRESIDING OFFICER. Without in the U.S., the dropout rate is 18 per- In 1989, when the Governors and objection, it is so ordered. cent. For newly immigrated Latino President Bush met in Charlottesville, (The text of the amendment is print- students, the dropout rate is 44 per- the goal was set at 90 percent. It was 86 ed in today’s RECORD under ‘‘Amend- cent. For African-American students percent then. It is today 86 percent, ac- ments Submitted.’’) the dropout rate is 12 percent and for cording to the National Education Mr. COVERDELL. Mr. President, as Anglo students it is 9 percent, accord- Goals Panel. In the last 10 years there we have noted throughout this debate, ing to the National Center for Edu- has been no progress, in spite of the we have a lot of Americans who are ex- cation Statistics. Nearly one in five fact that we have had this national ceedingly deficient in reading. When Latinos between ages 16 and 24 leaves goal. more than 40 million Americans cannot school without a diploma [Hispanic Another part of the goal, in addition read a phone book, a menu, or the di- Dropout Project, U.S. Department of to getting 90 percent of our students to rections on a medicine bottle, and only Education, February 1998]. Whatever complete high school, was to eliminate 4 out of 10 third graders can read at the numbers, in my view, one percent the disparity in the different groups in grade level or above, new solutions are is too high for any group. Everyone our society so that you didn’t have needed—I might add, not programs, but needs a solid education. such a large dropout problem among solutions. Other risk factors for dropping out one group—in this case, the Hispanic This amendment, based on Senate are poverty, pregnancy, motherhood, students—and such a disparity between bill 1596, the Coverdell-Gorton Reading disruptive behavior, academic failure, the problem with that group and other Excellence Act, will help children learn and lack of skills, said the General Ac- groups. Clearly, those disparities have to read. The reading excellence amend- counting Office and the National Cen- not been eliminated. The problem is ment would focus on training teachers ter for Education Statistics. very much with us. It needs attention, to teach reading. Fewer than 10 percent Dropping out of school can begin a and it is every bit as serious now as it of our teachers have received formal downward spiral to delinquency, unem- was in 1989 when we established the na- instruction on how to teach reading. ployment, disillusionment, drug and al- tional goal of getting to 90 percent. My amendment would also send 95 cohol abuse and crime. Dropping out The Senator from Tennessee says we percent of the funds associated with it forecloses opportunities for a life- have too many programs already. I directly to the classroom, which I time—having children who are poor point out that my friend and colleague know the Chair would applaud, as he and uneducated; lack of job skills; civic from Georgia is getting ready to offer has been the author of the money-to- breakdown. another proposal here. We seem to have Public schools need help and the the-classroom legislation. It requires a double standard. When the proposed added resources of this amendment in that funds be spent on research-based new programs are brought up on that an effort to bring concentrated atten- reading instruction, methods with side of the aisle, they are acceptable; tion to at-risk students and to prevent proven track records. It provides extra when they are brought up on our side the downward plunge that can begin tutorial assistance for at-risk children, of the aisle, there are too many pro- when children drop out of school. We as well as literacy assistance for par- grams. The reality is that there are no should not give up on these children ents, so they can be their children’s programs—there is no Federal money but give them extra help to stay in first and most important teacher. focused on dealing with this problem of It is already funded. That is unique school. This amendment can provide dropout prevention. That is one reason here. Two hundred and ten million dol- some help and I urge the Senate to we have never dealt with it. It is not on lars were set aside in the fiscal year adopt it. Mr. COVERDELL. How much time is the national agenda, it is not on the 1998 Labor-HHS appropriations bill spe- remaining on both sides? agenda of the Department of Edu- cifically for literacy work. However, The PRESIDING OFFICER. The pro- cation, and, frankly, it is not on the this is contingent on the passage of an ponents have 3 minutes 27 seconds re- agenda of most of our States and authorization bill by July 1, 1998. The maining and the opponents have 2 min- school districts, and it needs to be. House has already acted and passed a utes 40 seconds remaining. Mr. President, if we are going to Reading Excellence Act by voice vote Mr. BINGAMAN. I would like to have make progress on this, at some stage on November 8, 1997. the opportunity to summarize my ar- we are going to have to quit coming up President Clinton endorsed the Read- guments at the end. If the opponents with excuses. The title of a report that ing Excellence Act in his radio address would go ahead and complete their op- came out this year was ‘‘No More Ex- February 28, 1998, and has called on the position, I prefer that. cuses.’’ To my mind, that sums it up Senate to act. This amendment is a re- Mr. COVERDELL. I think this would well. Let’s get on with dealing with sponse to that call. I will read the ac- be the appropriate time for you to do this problem. tual statement on behalf of the Presi- that and we will yield back and pro- The PRESIDING OFFICER. The time dent of the United States: ceed. of the Senator has expired. But we need Congress’ help to meet this Mr. BINGAMAN. You are planning to Mr. COVERDELL. Mr. President, I goal. yield back your time? yield back the opponent’s time. I be- The goal is that we are on track to Mr. COVERDELL. Is there anything lieve that would move us to the next give extra reading help to 3 million further from the Senator from Ten- order of business. This amendment children at risk of falling behind. nessee? would be set aside for the stacked votes He says: Mr. FRIST. I reserve 30 seconds, but later this afternoon. But we need Congress’ help to meet this otherwise I have nothing further. The PRESIDING OFFICER. The Sen- goal. This past November, the House of Rep- Mr. BINGAMAN. Mr. President, let ator from Georgia is correct. The resentatives voted with bipartisan support to me first just respond to a couple of amendment is set aside. promote literacy efforts in the home, the April 23, 1998 CONGRESSIONAL RECORD — SENATE S3489 school, the community. Legislation with ment has been passed by the House. we eventually are going to come out on these goals is now awaiting action in the This amendment has been called on for that issue remains to be seen. But the Senate—— enactment by the President of the strong emphasis on the teachers that Not anymore— United States and, through this they be well trained to teach is some- which means $210 million in targeted assist- amendment, the leadership of the Sen- thing that we all would have common ance is now on hold in Washington, not at ate. I hope that our colleagues on both agreement on. The idea of the role of work in our communities. sides of the aisle in a continuing bipar- the tutors under the President’s pro- We are getting ready to end that. tisan spirit at the appropriate time gram is an important role. I think So today I call on the Senate to pass this will vote in favor of this amendment. under the Coverdell proposal we find legislation without delay. We need it. Our Mr. President, I reserve the remain- that feature of it, hopefully, would be children need it. der of my time. strengthened. That was the address of the President Mr. KENNEDY addressed the Chair. I think there is probably some dif- of the United States to the Nation on The PRESIDING OFFICER. The Sen- ference in this body about the adminis- February 28, 1998. This is the answer to ator from Massachusetts. tration of the program. Under the the call. The research is overwhelming. Mr. KENNEDY. Mr. President, for Coverdell proposal, you set up a whole Most recently, the National Research those who may be in opposition, we new bureaucracy effectively with your Council, at the request of the Depart- have some time, as I understand it. partnership program rather than work- ment of Education, released a report The PRESIDING OFFICER. The Sen- ing with the State programs. It is quite calling for a direct, systemic approach ator has 15 minutes. prescriptive in the naming of a number to teaching so that children can learn Mr. KENNEDY. Mr. President, I am of members that will serve on various to connect the letters of words to the not sure that I qualify for being in op- boards. You have a number of States sounds they represent. Our amendment position because I will urge our col- now that are doing some very, very im- does this by requiring that proven sci- leagues to support this amendment. I portant work. This would be a cir- entific methods be used, ensuring that want to commend the Senator for giv- cumstance where I hope that the pro- 95 percent of the funds reach the class- ing some focus and attention on the gram would work through the State room, and providing teachers with the floor of the Senate to the issues of lit- agencies that are in the Coverdell pro- skills to help our children. eracy and literacy training. posal. We should seize this opportunity, as On next Tuesday in our Human Re- I also believe that you have particu- the President requested, to put our sources Committee, Senator JEFFORDS lar features in here where you have the children first, which, I might add, is will be having a hearing on our literacy devoting of a good deal of money for the genesis of this whole underlying legislation. It is his hope and certainly assistance grants for tutors. I think proposal: Children first, system second. all of ours in the committee that we most of those involved in literacy We have been fighting this system a will pass out a strong, bipartisan pro- training feel that having a school- long time, and we have bad numbers. It posal that will incorporate a number of based system is a better use and a more is time that we put the kids first. This the ideas that are included in the effective use of the funds. amendment is in complete sync with Coverdell amendment and a number of Mr. President, I hope that at the the nature of the underlying bill and the ideas that have been included in time we address this issue Members does just that. We know you can’t have President Clinton’s literacy proposal of will vote in favor of the Coverdell a free population, Mr. President, if it is a little over a year ago. As we all amendment. Then we will have an op- uneducated. It denies them the rights know, now that the President has portunity to vote after in terms of the and privileges of American citizenship. asked the colleges of this country in Bingaman and Reid proposal. I hope If you can’t read a phone book or a the work-study program for those that we will vote in favor of that as medicine bottle, you can’t get a job. If young people to devote time for lit- well. you can’t get a job, you can’t take care eracy training, I take pride that our I think the President’s proposal and of yourself, you lose your dignity, you Massachusetts colleges are No. 2, with ones which will be advanced in our are robbed of everything that America California being No. 1, in the number of Human Resources Committee will give is all about. colleges where the young people who greater emphasis to volunteers and to Mr. President, on April 17, 1998, I re- are benefiting from the work-study tutors than would necessarily be the ceived a letter that was signed by Jim program are actually involved in tuto- case in the Coverdell proposal. Barksdale, president and CEO of rial work. We have tried to get every We have under the leadership of our Netscape Communications; Carol one of the colleges in our State—there colleague and friend, Senator JEF- Bartz, chairman of Autodesk; John are 126—to be involved in that tutorial FORDS, the Everyone Wins Program, Chambers, president of Cisco Systems; work. which is a reading program which a Eric Benhamou, president of 3COM; I think, the fact that this afternoon number of our colleagues on both sides Floyd Kramme, a partner at Kleiner, we are focusing on the issue of literacy, of the aisle have been involved in at Perkins, Caufield and Byers; and John hopefully we will pave the way for a bi- the Brent School on the Hill. We have Young, retired president and CEO of partisan effort and for an outcome that good attendance from a number of our Hewlett-Packard. will result in our ability to utilize the Members here where they go over and It says a lot of good things about $250 million which have been des- read each week to students. I think the what we are trying to do here today, ignated for literacy training as a part kind of flexibility provided in the but the last paragraph is particularly of the budget of last year and was President’s program as well as the kind poignant: worked out in a bipartisan way. We of support for a number of school-based In our respective businesses, we are creat- may have had differences on the num- systems has some additional credibil- ing thousands of jobs that our Nation’s edu- ber of the education issues that we ity. I hope that we will support it. cation system is not preparing youths to fill. have been debating in the past days, I commend the Senator for giving The 21st century economy will depend on one focus and attention. I want to pledge to resource more than any other—qualified peo- but I certainly hope that we can in ple—and dominance of the world economy in these next very, very few weeks have the Senator from Georgia, as well as to the next century will shift to the nation that legislation out here that will have a re- our other colleagues, that we will cer- best educates its population. We are grateful sponsible literacy initiative. tainly work every way that we possibly that the Senate Republican leadership un- Mr. President, we know that the can, those of us on the Education and derstands the seriousness of this challenge. Academy of Sciences has recommended Human Resources Committee, to work Mr. President, I can’t think of a more a modality for the development of lit- under the leadership of Senator JEF- fitting concluding amendment to the eracy programs. If we take the Cover- FORDS who has really been a strong, debate than the Reading Excellence dell proposal, we will find it quite pre- strong leader on the issues of literacy Act. People have to be functional in scriptive in relationship to the range of long before many others in this body, our society. This amendment puts kids initiatives that have been rec- and hopefully we will have a chance to first. This amendment helps American ommended by the Academy of Sciences all be together and join in something teachers to do this job. This amend- that provide greater flexibility. How that can pass and be successful and S3490 CONGRESSIONAL RECORD — SENATE April 23, 1998 really move us towards a country that ideas that all of our Members have and ter students despite the billions of Fed- has a real commitment towards lit- then move it forward. eral dollars appropriated every year for eracy. I look forward to working with the various programs intended to aid and It is interesting that, if you go back Senator from Georgia on that. I know I improve education. To put it simply, into the history of our country, in the speak for all of the Members on our the sums of money invested in our Na- early days of this Nation at the time of side on the Labor and Human Re- tion’s education system continue to the birth of the Republic we had a sources Committee. No matter how the grow each year and, yet, the quality of much higher rate of literacy than we underlying legislation comes out, I will our Nation’s students does not keep have today. That is rather surprising look forward to working with the Sen- pace. to many, many people. The reason was ator from Georgia and others to make Several Senators have championed because of the reading of the Bible, be- sure that we are going to get an effec- efforts to improve the dilapidated state cause we had church-related efforts for tive bill. I am prepared to yield back of our Nation’s school buildings, and I literacy in every community across the the remaining time that I have. commend them for their leadership. country in order that children were Mr. COVERDELL. I yield back the According to the General Accounting going to be able to read the Bible. We time we have. Office (GAO), over fourteen million had much higher degrees of literacy at The PRESIDING OFFICER. All time students attend schools in need of other times in our history than we has been yielded. major renovations, and I am concerned have at the present time. That is one of Mr. COVERDELL. We have now de- by this figure. Then, why, my col- the areas where we have slipped. I bated all outstanding amendments. I leagues may ask, have I chosen to vote think we need to call for focus, atten- know that may be hard to believe by against an initiative to use Federal funds for construction of our Nation’s tion, energy, and I think some re- anybody listening. I ask unanimous school buildings? It is not because I do sources to really galvanize the sense of consent that this next voting sequence not recognize the benefits or the need voluntarism, which I believe is out occur beginning at 2:15, with no addi- for better school facilities—I certainly there, in an effective way to really tional amendments in order to the do. The GAO has estimated that the sequenced amendments and with 2 min- make a dramatic impact on reducing total bill for addressing this problem utes of debate between each vote for illiteracy in the country. nationally tops $100 billion. However, I I hope our colleagues will support explanation. I further ask that at the have reservations about the adminis- conclusion of the amendment debate that amendment. I commend him for tration’s approach to school repair and Senator BYRD be recognized for up to 30 bringing it. I pledge that we will try to construction, which may be more ap- minutes. work to find ways to get a meaningful propriate for better-heeled school dis- The PRESIDING OFFICER. Is there program. tricts than are to be found in West Vir- objection? The Chair hears none, and it Mr. President, I reserve the remain- ginia and other rural States. Many is so ordered. der of my time. poor districts do not have the ability Mr. COVERDELL. Mr. President, Mr. COVERDELL. Mr. President, the to repay any loan, even an interest-free How much time remains on both sides? voting series will be as follows: the loan. The PRESIDING OFFICER. The Sen- Levin amendment regarding vocational We are right to be concerned about ator from Georgia controls 6 minutes education, the Boxer amendment re- dilapidated school buildings in this Na- 59 seconds. garding after-school programs, the tion. However, Mr. President, I believe Mr. COVERDELL. And they have? Coverdell amendment regarding read- that before the Federal Government The PRESIDING OFFICER. The op- ing and excellence we have just con- embarks upon the new mission of pro- ponents have 7 minutes 8 seconds re- cluded, and the Bingaman amendment viding massive amounts—and they will maining. regarding dropout prevention. It is my be massive amounts—of scarce Federal Mr. COVERDELL. Mr. President, I hope that following the voting series dollars for school construction, we am prepared to yield back here in just the Senate could quickly move to third should just step back and take a fresh a minute so that we might proceed to reading and a final vote on the Cover- look at why our students are not per- a unanimous consent request to clarify dell A+ education bill. I thank all of forming well scholastically. Is it due to for the Senate where we might head my colleagues for their continued co- aging school buildings? No. Reasons from here. operation and support. much more fundamental than aging I thank the Senator from Massachu- Mr. President, I suggest the absence school buildings underlie the poor aca- setts for his remarks. As he has noted, of a quorum. demic performance by American stu- there are some differences remaining, The PRESIDING OFFICER. The dents. It is these problems which must but I pledge to work with the Senator clerk will call the roll. be addressed. as we move forward on this amend- The assistant legislative clerk pro- Senators stand on this Floor and we ment. There is still the conference. ceeded to call the roll. argue about the benefits of tax credits Maybe there are other differences that Mr. BYRD. Mr. President, I ask unan- for education, we argue about funds for we might deal with even at that time. imous consent that the order for the aging schools, we argue about funds for But I do appreciate the Senator’s words quorum call be rescinded. private schools versus funds for public in support of the amendment, and I am The PRESIDING OFFICER. Without schools. Yet, I tell you that I believe glad we are in a situation here where objection, it is so ordered. we are all just talking past each other we can, by and large, respond to the Mr. BYRD. Mr. President, I intend to and past the problem. The problem is President. I think we would both agree vote for this bill. Some amendments rather clear. It has two major compo- at least on this point that there is have been adopted, however, with nents. The problem with education in nothing more important or no more which I do not agree, and I would pre- America has, as its root, (1) the quality important skill than American citizens fer that they had not been adopted. But of our teachers, and (2) the quality of having the capacity to read. Again, I that was the Senate’s will. Even so, I what they are teaching. appreciate very much the genuine re- think this is a new approach and it is We have many good teachers and marks of the Senator from Massachu- entitled to be tested. So I am going to many of us owe more than we can ever setts. support this legislation for that reason. pay to our good teachers. I had dedi- Mr. President, I am prepared to yield Mr. President, the Bible tells us that cated teachers when I was a child. back the time on our side so that I Solomon prayed for wisdom and knowl- They didn’t get paid much back in might proceed to a unanimous consent edge. He did not pray for riches. He did those days. We came through the Great request if that is agreeable. not pray for honor. He did not pray for Depression. But they were dedicated. Mr. KENNEDY. Mr. President, I will the life of his enemies. He asked the They loved the children that they just take one moment. I hope we can Creator for knowledge and wisdom, and taught and they inspired us to excel. move forward. We may have a number perhaps we in the Senate should do the And a good teacher can do that, can in- of differences—probably will—in the same. spire his or her students to excel, to conference, but this is an area where Mr. President, I am very concerned try harder, to work harder, and strive we really ought to try to get the best by our Nation’s failure to produce bet- to be at the head of the class. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3491 According to the Third International need to reward—the children who are Social studies is all right. I don’t Math and Science Study, released on in the libraries and in the laboratories have any quarrel with social studies, February 24 of this year, ‘‘U.S. 12th and who are working hard to improve but let’s also have history. Let’s don’t graders outperformed only two (Cyprus themselves, to get an education. substitute social studies for history. and South Africa) of the 21 participat- So I am 100 percent for education but There is no substitute for history. ing countries in math and science.’’ I want to have some confidence, more History, of all things, is not thought This is deplorable, absolutely deplor- than I presently have, that my vote to to be important enough in many of our able. spend the hard-earned dollars of tax- states to be taught as a separate sub- Why is it that from 1993 to 1998, edu- payers will produce a return to merit ject, and that is most unfortunate. cation spending has increased by 25 that investment. I have been voting for Mr. President, merely continuing percent, and at the same time, results Federal aid to education for decades— along this same path of proliferating from the Third International Mathe- not just years, for decades—since 1965, education programs and investing more matics and Science Study (TIMSS) to be exact. That was the year in which and more Federal dollars into our Na- rank U.S. high school seniors among the Elementary and Secondary Edu- tion’s education system will not solve the worst participants in the areas of cation Act was passed as well as the the problem of improving the quality math and science? Why is that? Why is Higher Education Act. I have been sup- of our Nation’s students. it that in all three content areas of ad- porting those acts. I congratulate our colleagues who vanced mathematics, U.S. advanced But, we still seem to be losing the work diligently on their committees to mathematics students’ performance battle against mediocrity. I do not bring bills to the floor and manage the was among the lowest of the twenty- want to vote against spending for edu- bills, who are highly dedicated to serv- one participating nations? It is not be- cation. But, Mr. President, when do we ing the students of the Nation and to cause of lack of money. admit that we are doing poorly, and improving the schools of the Nation James A. Garfield, one of the Presi- try something new? It is glaringly ap- and to getting better teachers. I con- dents, said with regard to the value of parent from the results of the Third gratulate my colleagues for their ef- a true teacher: ‘‘Give me a log hut, International Mathematics and forts. They, too, must become discour- with only a simple bench, Mark Hop- Science Study (TIMSS) and other simi- aged. kins on one end and I on the other, and lar studies that increased education On a fundamental level, however, you may have all the buildings, appara- funding does not necessarily trans- there is something askew with the way tus and libraries without him.’’ He late—does not necessarily translate— we are approaching education in this wasn’t talking about massive build- into higher student achievement levels. Nation. ings, impressive halls and corridors. So An even more recent study, conducted I started out in a little two-room why is it? Why is it that in all three by the Fordham Foundation, a private schoolhouse along about 1923, when we content areas, as I say, of advanced organization committed to quality- did not have hand calculators. Lord, math, U.S. advanced—the best—math based reform of elementary and sec- have mercy—calculators? We did not students’ performance was among the ondary education, indicates the low have them. We did not have computers lowest of the 21 participating nations? quality of state standards in math and or other high technology. We did not These are supposed to be our Nation’s science. In mathematics, the Nation have much money for supplies, just the stellar students, our Nation’s best stu- flunks, with only three States out of 50 bare essentials. We got by with spring dents. This is not to say that all our receiving a grade of an ‘‘A’’, and just water. We had only one bucket in the students fall short. We have some ex- nine others a grade of ‘‘B’’. In science, school room. A two-room school; two cellent students. We have some good the United States is just mediocre, if buckets in the school. I was glad when schools. we can call it that, with nine States the teacher chose me from time to I am 100 percent for education. In all failing and seven earning ‘‘D’s’’. time to go with another lad across the my life I have endeavored to press to The Thomas B. Fordham Foundation hill to the spring to bring back the improve myself. I wanted to start at found that our schools are also doing a bucket of water. We all drank out of the beginning, start with myself, im- pretty dismal job of teaching history the same bucket and out of the same prove myself. And I think I have—my and geography. I quote from the fore- dipper. colleagues know that. I also wanted to word of the report on history: ‘‘. . . the We didn’t have any indoor plumbing. help others. So, in 1969, almost 30 years vast majority of young Americans are We had an outhouse—a couple of ago, I started a program in West Vir- attending school in states that do not them—and we didn’t have electricity. ginia to reward the high school valedic- consider the study of history to be es- When the storms came, we had to light torians. And I started a program that pecially important.’’ a candle or a kerosene lamp. So I do is referred to as the Robert C. Byrd Now think of that. know something about so-called ‘‘dif- Scholastic Recognition Fund. When I ‘‘. . .the vast majority of young ficult’’ conditions. I am one of those began it, I began it with money out of Americans are attending schools in children who started out with the bot- my own pocket. In the beginning, a $25 states that do not consider the study of tom two or three rungs of the ladder savings bond was presented to each history to be especially important.’’ gone; they were missing. high school valedictorian in the State Napoleon said: ‘‘Let my son often In those days, mathematics was of West Virginia. That was in 1969. read and reflect on history; this is the about rules, memorized procedures, After a while, I established a trust fund only true philosophy.’’ That was Napo- memorized multiplication tables and for purchasing the savings bonds, leon. other methodical tables. Science was which, in recent years, have been $50 ‘‘No doubt some children are learning stern stuff. History was about dates bonds. I wanted to reward students— lots of solid history from excellent and heroes. That is where many of us not the athletes, they get their re- teachers in fine schools. Their good for- who went to school in the mountains wards—but the students who work hard tune, however, appears to be serendipi- and hollows of West Virginia learned to excel in reading and in mathematics tous. State standards rarely constitute about our heroes, the people we wanted and algebra and geometry and music a ceiling on what can be taught and to be like. and so on, encourage those students to learned. But it’s not unreasonable to There is where we learned about Na- excel and to recognize them for excel- view them as the floor below which no thanael Greene, one of Washington’s lence. As I say, we recognize the great child or school should fall . . . when it top generals, perhaps his top one. athletes. We don’t recognize the best comes to history, most states have Francis Marion, the Swamp Fox; Dan- spellers. Often I hear my colleagues placed that floor where the sub-base- iel Morgan; Nathan Hale, who died on talk about their State’s No. 1 standing ment ought to be . . . in only a few in- September 22, 1776, because he had been in football teams and so on. The ques- stances is history itself the focus of the asked by George Washington to go be- tion that occurs to me is how well can state academic standards that pertain hind the British lines and to draw pic- they spell? How well can they add and to it. In most jurisdictions, history re- tures of the breastworks and other subtract and multiply and divide? How mains mired in a curricular swamp military excavations, and so on. Hale well can they read? That is what we called ‘social studies,’ . . . ’’ was discovered the night before he was S3492 CONGRESSIONAL RECORD — SENATE April 23, 1998 about to return. He had these drawings volvement, dumbed-down textbooks lican party is not our most precious re- in his pockets. The next morning, he will continue to creep into the local source in this country. Our children was executed. school systems, and it will be our chil- are our most precious resource—our He was asked if he had anything he dren and our grandchildren who suffer. kids. And so I am willing to try some would like to say. He had already I hope that we do not try to tell the new approaches to achieve the kind of asked for a Bible and a chaplain and American people that fighting over scholastic excellence that our children had been denied both of those. He school vouchers or the size of an edu- need and deserve. asked if he had any statement. He said, cation IRA, or even the repair of our My only hope is that someday—some- ‘‘I only regret that I have but one life school buildings will solve the problem day—in some effective manner, we will to lose for my country.’’ of the often shallow, substandard, low find the courage and the practical So there in our history books is quality education we are offering our means to address what amounts to edu- where we children first learned about kids these days. I strongly suspect that cational child abuse in this Nation in a American heroes, our heroes. our students’ poor performance as bipartisan fashion. History was about dates and heroes. scholars has a lot more to do with the It should not make any difference And with these basics, the United general dissolution of the family struc- whether the right approach is Demo- States became a mighty industrial ture, loss of respect for authority, cratic or Republican. We ought to for- power, a leader in medicine, and a win- rampant alcohol and drug use by stu- get that stuff. That is mere junk par- ner of world wars. But, somewhere dents even in the lower grades, and a tisanship. What matters is the edu- along the line, we seem to have gotten pervasive change in attitudes about the cation of our children. off the track. Today, our students have value of discipline, than it does with There is no room for mere political algebra textbooks that include discus- dilapidated school buildings. jousting on a matter of such momen- sions of chili recipes and hot pepper va- We can rebuild all the school build- tous importance to our people and to rieties. I made a speech on this floor a ings that we want, and, yes, I agree our Nation. And that is exactly what year or so ago about this and brought that we undoubtedly need to modernize the country is witnessing in Washing- the particular so-called algebra book and to rebuild some of these struc- ton with regard to the education de- with me. And these textbooks do not tures, but let no one believe that bate—political jousting. even begin to define an algebraic ex- school construction will solve what is Mr. President, with U.S. high school pression until page 107—107 in this par- wrong with education in this country seniors ranking 19th out of the 21 coun- ticular book, so it is no wonder that today. The problems assail us from tries in mathematics, and 16th out of 21 our students do not fare better on many directions. How can our teachers countries in science, we must devote international tests such as the TIMSS! teach if they have to create their own greater attention to stimulating excel- On Friday, March 20, I noted an arti- textbooks as well as attempt to main- lence in education. Getting back to the cle on the front page of the Washington tain discipline, and please every inter- basics is the obvious starting point, Post, which reported a new trend est group? When one considers the and we better start now. among teachers to teach without the meager salaries of teachers generally, Mr. President, I yield the floor. The PRESIDING OFFICER (Mr. SES- benefit of textbooks. The article dis- and having to struggle against the SIONS). Under the previous order, there cussed how teachers are increasingly backdrop of a society that glorifies relying on the Internet or on materials are 2 minutes of debate evenly divided. athletics and the attainment of any Mr. COVERDELL addressed the that they prepare themselves, and type of celebrity far more than it cares Chair. spurning the traditional student text- about scholarship, it is easy to see why The PRESIDING OFFICER. The Sen- book. Now, what is the reason for this good teachers are increasingly hard to ator from Georgia. phenomenon? I quote from the Post come by. How can mundane scholar- Mr. COVERDELL. Parliamentary in- piece, ‘‘Scientific knowledge is expand- ship, which requires commitment and quiry. First, I think it has to be said ing so rapidly that many textbooks are hard work on the part of the student, that was a startling speech by the Sen- outdated only a few years after they compete with sensational television ator from West Virginia that cuts to are published. Recent political dis- and movies that offer brutal murder, the core. I do not think much else putes’’—get this; this is the Washing- steamy sex, and filthy language as needs to be said. ton Post talking—‘‘Recent political standard daily fare for our young peo- Mr. President, it is my understanding disputes over textbook content have ple? What in the world has happened to that we are now moving, by previous made publishers wary of offending any a society that is intent on rewriting order, to the votes. The first vote will interest group, and the result is that every single discipline from algebra to occur on the Levin amendment. the books have become bland and shal- geometry to history to be sure that The PRESIDING OFFICER. The Sen- low, some teachers complain. . . . Some those essential basic subjects are, first ator is correct. teachers even cite a decline in chil- and foremost, absolutely politically Mr. COVERDELL. Two minutes dren’s reading skills as a rationale for correct? It has taken us over lock, equally divided? abandoning the tomes.’’ stock and barrel. We are pulverizing es- The PRESIDING OFFICER. Two Mr. President, imagine that. Our kids sential knowledge and facts to pulp, minutes equally divided. can’t read well enough to effectively easily digested by even the laziest and Mr. LEVIN. Let me thank the Sen- digest a textbook. And furthermore, most undisciplined brains—baby pab- ator from West Virginia for his com- textbooks have become such worthless lum for the mind. ments. amalgams of touchy-feely, politically So, while we rage on here today AMENDMENT NO. 2303 TO AMENDMENT NO. 2299 correct twaddle, that many teachers about which political party will cap- Mr. LEVIN. The demands that are are casting them aside in favor of doing ture the education issue, let us remem- being made on teachers, as a matter of the extra work to prepare material ber that we are only skimming the sur- fact, are what is behind my amend- themselves. face with any and all of these well-in- ment, which is to provide a credit to Mr. President, if we ever hope to im- tentioned solutions. teachers who now have all these new prove the quality of students in this There is something much, much more technologies that are brought into the country, it is essential that we recul- fundamentally wrong with education in schools to help those teachers go back tivate an interest in education for its America today than a shortage of fund- to learn how to utilize those tech- own sake—education for education’s ing. The public school system had bet- nologies, should they choose to do so. sake—not only in our Nation’s chil- ter shape up, or else public support for These demands are huge. We are put- dren, but also in their parents. Our Na- it is going to completely erode. And I, ting a fortune into computers, software tion’s ailing education system is, in for one, am willing to try some new ap- and connectors to Internet and every- part, influenced by the parents of those proaches—new approaches—anything thing else, but we are only putting pen- children, and of young adults attending that may help our most precious re- nies into the professional development high school and college. Parents need source. of our teachers. to take an active role in their chil- The Democratic party is not our This amendment would provide a 50 dren’s education. Without parental in- most precious resource. The Repub- percent tax credit for the cost when April 23, 1998 CONGRESSIONAL RECORD — SENATE S3493 those teachers go back for that train- McCain Sessions Thomas The PRESIDING OFFICER. The Sen- McConnell Shelby Thompson ing. It pays for it by not allowing the Murkowski Smith (NH) Thurmond ator from Arkansas. use of this new IRA in the K through 12 Nickles Smith (OR) Torricelli Mr. HUTCHINSON. Mr. President, area because it is so skewed against Roberts Snowe Warner this is an old formula to identify a public schools. That is the main point Roth Specter problem and then you create a new Santorum Stevens here. It keeps the IRA increase for col- Federal program that might solve it. lege education, and it keeps other parts NAYS—39 There is a problem. There is a prob- of this bill. But what it says is that Akaka Glenn Leahy lem with after-school care. The solu- withdrawals will not be permitted in Baucus Graham Levin tion is not to create yet another Fed- Bingaman Harkin Mikulski eral program. We already have four ex- the K through 12 grades because of the Boxer Hollings Moseley-Braun manner in which most of the money Bryan Inouye Moynihan isting programs that allow for after- goes to private-school families, al- Bumpers Jeffords Murray school care. One of the problems with though they represent only 10 percent Conrad Johnson Reed this amendment, or this program, Daschle Kennedy Reid would be that it would be school-based, of the families with children in schools. Dodd Kerrey Robb Mr. ROTH. Mr. President, I oppose Dorgan Kerry Rockefeller school-run, and, therefore, prohibit the Levin amendment as it takes away Durbin Kohl Sarbanes scores of organizations like the YMCA Feingold Landrieu Wellstone that are currently providing for after- the ability of parents to use edu- Ford Lautenberg Wyden cational IRAs to pay for K through 12 school care. They would be excluded The motion to lay on the table the school expenses. It runs contrary to entirely. There are 19 existing Federal amendment (No. 2303) was agreed to. the whole purpose of the Coverdell bill, programs that provide tutoring and which is to allow parents greater re- AMENDMENT NO. 2299, AS AMENDED mentoring for students on a one-on-one sources to meet the educational needs The PRESIDING OFFICER. Under basis. So it is simply unnecessary to of their young children. the previous order, the amendment start a new Federal program at a price Instead, Senator LEVIN wants to take numbered 2299, as previously amended, tag of $250 million. I ask my colleagues these resources and expand the lifetime is agreed to and the motion to recon- to oppose this amendment. learning credit from 20 percent to 50 sider that action is laid on the table. Mr. COVERDELL addressed the percent for those teachers who partici- The amendment (No. 2299), as amend- Chair. The PRESIDING OFFICER. The Sen- pate in technology training. A 20 per- ed, was agreed to. ator from Georgia. cent lifetime learning credit is already AMENDMENT NO. 2306 The PRESIDING OFFICER. There Mr. COVERDELL. Mr. President, I available to teachers for continuing ask for the yeas and nays on the education, just as it is for members of will now be 2 minutes of debate, evenly divided, on amendment No. 2306. amendment of the Senator from Cali- other professionals. Let me remind my fornia. colleagues that the Coverdell bill al- Mrs. BOXER addressed the Chair. Mr. COVERDELL. Mr. President, I The PRESIDING OFFICER. Is there a ready contains a provision that allows sufficient second? There appears to be teachers to receive tax-free technology ask unanimous consent that the re- maining votes in this series be limited a sufficient second. training provided by their employer, The yeas and nays were ordered. the school. to 10 minutes in length. The PRESIDING OFFICER. The We all agree that it is vitally impor- The PRESIDING OFFICER. Without question is on agreeing to the amend- tant for teachers to be proficient in the objection, it is so ordered. ment. The yeas and nays have been or- use of technology in the classroom, but The Senator from California is recog- dered. The clerk will call the roll. this is not the way to do it. This nized. The bill clerk called the roll. amendment takes the resources of an Mr. FORD. Mr. President, parliamen- The result was announced—yeas 49, expanded IRA from our families, our tary inquiry: How many votes are we nays 51, as follows: children, and creates a more distorted having? [Rollcall Vote No. 100 Leg.] and complex learning credit. The PRESIDING OFFICER. Three YEAS—49 additional votes. For these reasons, I oppose this Akaka Feingold Lieberman amendment and urge my colleagues to The Senator from California is recog- Baucus Feinstein Mikulski vote against it. nized. Biden Ford Moseley-Braun Bingaman Glenn Moynihan Mr. COVERDELL. Mr. President, I Mrs. BOXER. Thank you, Mr. Presi- dent. Bond Graham Murray move to table the amendment offered Boxer Harkin Reed by the Senator from Michigan, and I Three weeks ago, my after-school bill Breaux Hollings Reid was included in the budget agreed to by Bryan Inouye Robb ask for the yeas and nays. Bumpers Johnson Rockefeller The PRESIDING OFFICER. Is there a the Senate. It passed unanimously. Now what we are doing is authorizing Byrd Kennedy Sarbanes sufficient second? Cleland Kerrey Snowe There is a sufficient second. the after-school program. It is paid for Conrad Kerry Specter by cutting Government travel. D’Amato Kohl Torricelli The yeas and nays were ordered. My friends, there is absolutely no na- Daschle Landrieu Wellstone The PRESIDING OFFICER. The Dodd Lautenberg Wyden tional after-school grant program question is on agreeing to the motion Dorgan Leahy today. The after school program I am Durbin Levin to lay on the table the amendment of proposing today will have total local the Senator from Michigan. NAYS—51 control. Community organizations and The clerk will call the roll. Abraham Frist Mack businesses will be brought into school The legislative clerk called the roll. Allard Gorton McCain buildings that now get padlocked at 3 Ashcroft Gramm McConnell The result was announced—yeas 61, p.m. when the juvenile crime rate goes Bennett Grams Murkowski nays 39, as follows: Brownback Grassley Nickles up. That is why 170 of the Nation’s [Rollcall Vote No. 99 Leg.] Burns Gregg Roberts leading police officers, sheriffs, and Campbell Hagel Roth YEAS—61 prosecutors endorsed after-school pro- Chafee Hatch Santorum Abraham Cochran Grassley Coats Helms Sessions grams, so we can lift up our children Cochran Hutchinson Shelby Allard Collins Gregg and raise their academic performance, Ashcroft Coverdell Hagel Collins Hutchison Smith (NH) Bennett Craig Hatch and keep them out of trouble. We cut Coverdell Inhofe Smith (OR) Biden D’Amato Helms Government travel to pay for this pro- Craig Jeffords Stevens DeWine Kempthorne Thomas Bond DeWine Hutchinson gram and use school buildings that are Breaux Domenici Hutchison Domenici Kyl Thompson Brownback Enzi Inhofe lying fallow. Enzi Lott Thurmond Burns Faircloth Kempthorne I hope we will have a strong biparti- Faircloth Lugar Warner Byrd Feinstein Kyl san vote for this amendment. The amendment (No. 2306) was re- Campbell Frist Lieberman Thank you. Chafee Gorton Lott jected. Cleland Gramm Lugar Mr. HUTCHINSON addressed the Mr. COVERDELL. Mr. President, I Coats Grams Mack Chair. move to reconsider the vote. S3494 CONGRESSIONAL RECORD — SENATE April 23, 1998 Mr. CRAIG. I move to lay that mo- The amendment (No. 2309) was agreed posals such as the block grant, which tion on the table. to. the Senate agreed to only yesterday, The motion to lay on the table was Mr. COVERDELL. Mr. President, I which will allow States and localities agreed to. move to reconsider the vote by which the flexibility to decide for themselves AMENDMENT NO. 2309 the amendment was agreed to. how to best spend education dollars. The PRESIDING OFFICER (Mr. Mr. FORD. I move to lay that motion Senator FRIST argued that this SMITH of Oregon). The question is now on the table. amendment adds yet to the complexity on amendment No. 2309, offered by Mr. The motion to lay on the table was of an already encumbered Federal De- COVERDELL. The Senator from Georgia agreed to. partment of Education. I call on my is recognized. AMENDMENT NO. 2308 colleagues to oppose the amendment of Mr. COVERDELL. Mr. President, Mr. COVERDELL. Mr. President, am the Senator from New Mexico. may we have order in the Chamber? I correct that the pending business is Mr. President, I ask for the yeas and The PRESIDING OFFICER. The Sen- the vote on the Bingaman amendment? nays. ate will be in order. The Senator from The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a Georgia. ator is correct. sufficient second? Mr. COVERDELL. Mr. President, this Mr. BINGAMAN. Mr. President, this There appears to be a sufficient sec- is the reading excellence amendment. amendment tries to begin to focus na- ond. It is designed to attack the reading de- tional attention and some resources on The yeas and nays were ordered. ficiency. We have 40 million Americans the problem of students who drop out The PRESIDING OFFICER. The who could not read a phone book or a of school before they complete high question is on agreeing to amendment medicine label. The President of the school. No. 2308. The yeas and nays have been United States called for this initiative In 1989, when President Bush and the ordered. The clerk will call the roll. to be adopted by the Senate. Senator 50 Governors met and set some na- The assistant legislative clerk called KENNEDY from Massachusetts spoke on tional education goals for the country, the roll. behalf of the amendment. In deference one of those goals was that we would The result was announced—yeas 74, to time, it is my understanding both have at least 90 percent of our students nays 26, as follows: sides will be agreeable to a voice vote, complete high school before they left [Rollcall Vote No. 101 Leg.] which I will call for after we have school. At that time, 86 percent of our heard from the Senator from Massa- students were completing high school YEAS—74 chusetts. before they left. Today, it continues to Abraham Dorgan Lieberman Akaka Durbin McCain Mr. KENNEDY. Mr. President, may be 86 percent. We have done absolutely Baucus Faircloth McConnell we have order? nothing to reach this very important Bennett Feinstein Mikulski The PRESIDING OFFICER. The Sen- national goal. Biden Ford Moseley-Braun ate will be in order. The Senator from Mr. FORD. Mr. President, may we Bingaman Glenn Moynihan Bond Graham Murkowski Massachusetts is recognized. have order? It is getting a little out of Boxer Gramm Murray Mr. KENNEDY. Mr. President, I want hand here. The Senator from New Mex- Breaux Harkin Reed to just commend Senator COVERDELL ico deserves to be heard, the same as Bryan Hatch Reid for focusing on the issue of literacy. As Bumpers Hollings Robb those on the other side. Burns Hutchison Rockefeller we know, President Clinton advanced a The PRESIDING OFFICER. The Sen- Byrd Inouye Roth literacy program in 1996. Our colleague, ate will come to order. The Senator Campbell Jeffords Santorum Senator JEFFORDS, has been having the from New Mexico. Chafee Johnson Sarbanes Cleland Kempthorne Smith (NH) hearings on this literacy issue in his Mr. BINGAMAN. Mr. President, Collins Kennedy Smith (OR) committee and has been a leader on lit- thank you, and I thank my colleague Conrad Kerrey Snowe eracy issues—child literacy, family lit- from Kentucky. Coverdell Kerry Specter eracy, and adult literacy programs. I This amendment is offered on behalf Craig Kohl Stevens D’Amato Kyl Torricelli am very hopeful we will have a good of myself, Senator REID, Senator FEIN- Daschle Landrieu Warner bill that will be strong and bipartisan STEIN, and Senator CHAFEE. It is bipar- DeWine Lautenberg Wellstone in the very near future. So I hope ev- tisan. It is an important bipartisan Dodd Leahy Wyden eryone will support this program. issue. We have always before, at least Domenici Levin I want to just mention quickly the since the national goal was established NAYS—26 concern that I have is that it is too in 1989, found excuses to not do any- Allard Grams Mack prescriptive in terms of how it develops thing to follow up and achieve the goal. Ashcroft Grassley Nickles Brownback Gregg Roberts the programs. The Academy of This time we need to go ahead and Coats Hagel Sessions Sciences has outlined a series of ways commit some Federal resources to help Cochran Helms Shelby of doing it. I think we ought to con- local school districts solve this prob- Enzi Hutchinson Thomas sider that. It establishes a new State lem. This amendment is a step in that Feingold Inhofe Thompson Frist Lott Thurmond bureaucracy. I think we ought to build direction. I hope very much that people Gorton Lugar on the States. The tutorial programs will support the amendment. are not school based, and I think they Mr. COVERDELL addressed the The amendment (No. 2308) was agreed would be stronger if they were. Chair. to. These are important issues, but what The PRESIDING OFFICER. The Sen- Mr. COVERDELL. Mr. President, I I think is enormously encouraging is ator from Georgia. move to reconsider the vote. that we have strong, bipartisan com- Mr. COVERDELL. Mr. President, I Mr. LOTT. I move to lay that motion mitment to try to work out in the very rise in opposition to Senator BINGA- on the table. near future a strong bipartisan literacy MAN’s amendment. Under the Senator’s The motion to lay on the table was program. I commend Senator COVER- amendment, $125 million is authorized agreed to. DELL for developing this amendment for grants in the first year alone. It MODIFICATION TO AMENDMENT NO. 2299 and his strong commitment to work would create an office of dropout pre- Mr. COVERDELL. Mr. President, I with all of us. We look forward to vention in the Department of Edu- ask unanimous consent to modify working with him to get a good, strong cation. The amendment would allow Amendment No. 2299, previously agreed bill. for the creation of a dropout czar at to, making technical changes, which I Mr. COVERDELL. I thank the Sen- the Department of Education. have at the desk. ator from Massachusetts. My under- As Senator FRIST so eloquently stat- The PRESIDING OFFICER. Without standing is that the Chair is prepared ed when the amendment was debated objection, it is so ordered. to call for a voice vote. earlier, he suggested as chairman of The modification is as follows: The PRESIDING OFFICER. The the Budget Committee’s task force on Change the instruction line to read: question is on agreeing to amendment education that we look to creative Strike section 101 as amended and insert No. 2309. ways to assist all of our students, pro- the following: April 23, 1998 CONGRESSIONAL RECORD — SENATE S3495 EXPLANATION OF ABSENCE—VOTE ON stacked, those two—first the education recognition. First, British Prime Min- AMENDMENT NO. 2305 vote and then the vote on the Ireland ister Tony Blair, who made the search Mr. CAMPBELL. Mr. President, prior resolution. for peace one of his first priorities upon to the noon hour today, the Senate The PRESIDING OFFICER. Is there assuming office last year. He did so be- cast a roll call vote on our colleague objection? The Chair hears none, and it cause he believed that the people of Senator DODD’s amendment No. 2305 to is so ordered. Belfast ‘‘deserve a better future than a H.R. 2646, the Coverdell Education bill. Mr. LOTT. I yield the floor, Mr. life of bloodshed, murder and dishar- This vote to waive the Budget Act with President. mony.’’ respect to the Dodd amendment failed The PRESIDING OFFICER. The Equally important to the success of by a vote of 46–53. I was unavoidably clerk will report the resolution. the process was the Irish Taoiseach detained in the Physician’s Office of The legislative clerk read as follows: Bertie Ahern, also was new to the of- the Capitol, but would have voted A resolution (S. Con. Res. 90) to acknowl- fice, who inspired trust and confidence against waiving the Budget Act. My edge the historic Northern Ireland peace in the nationalist community. They vote would not have altered the final agreement. knew of his commitment to ensuring outcome of the vote. The PRESIDING OFFICER. Who that any final agreement would protect Mr. LOTT. Mr. President, just so all yields time? and guarantee the rights, freedoms, Members will be aware of what we are Mr. DODD addressed the Chair. and traditions of the Irish Catholic mi- talking about at this point—and I do The PRESIDING OFFICER. The Sen- nority in the north. not have a unanimous consent request ator from Connecticut is recognized. It goes without saying that the ready at this moment, but I will have The Senator controls 15 minutes on American people can be justifiably one momentarily for Senator DASCHLE his side. proud of the role played by President to review—we will be having additional Mr. DODD. I thank the Chair. Clinton throughout the process. Were votes tonight. We try to accommodate Mr. President, I offer this resolution it not for the President’s vision, perse- Senators’ schedules, but we believe we on behalf of myself, Senators KENNEDY, verance, and unwillingness to give up can get an agreement for final debate MOYNIHAN; the Democrat leader, Sen- on the negotiations, we would not be on the education bill and then have a ator DASCHLE; Senator LEAHY; Senator here today talking about a new chapter recorded vote. That I presume would LAUTENBERG; Senator KERRY; Senator in the history of Northern Ireland. occur sometime around 7 o’clock, or MACK; Senator D’AMATO; Senator HAR- Perhaps President Clinton refused to earlier if some time is yielded back. KIN; and Senator BIDEN. be discouraged because he had looked That will be followed, if we can enter Mr. President, today we are here con- into the eyes of so many men and the agreement, by a debate of approxi- sidering this resolution when there are women during his visit to Belfast in mately 30 minutes on the resolution renewed hopes for peace in Northern 1995 and saw how deeply they yearned dealing with Northern Ireland and a Ireland, hopes that spring from the for peace, most especially peace for vote after that. successful conclusion of 22 months of their children. I assume we will have then two addi- negotiations on April 10, Good Friday. Last but not least, there was Senator tional votes tonight, and then we will I do not think it was mere coincidence George Mitchell, our former colleague, have a further announcement about that it was during Holy Week, one of who shepherded the parties to an the schedule on Friday, but with no re- the most sacred periods in the Chris- agreement. As someone who served corded votes on Friday, and Monday tian calendar, that this small miracle with Senator Mitchell, it came as no with likely recorded votes, at least a occurred, the possibility of peace, po- surprise to me that George found a way vote at 5:30 on Monday. But we will litical stability, and reconciliation for to overcome what at times appeared to have that for each leader to review mo- the 1.6 million people who reside in the be insurmountable differences among mentarily, and we will be asking for six counties of Northern Ireland. Many the parties. consent to that effect. people deserve credit and congratula- With patience, evenhandedness and I yield the floor. Is any Senator seek- tions for making this small miracle acute political skills, Senator Mitchell ing recognition? possible. guided and empowered the parties to I observe the absence of a quorum. First, we should commend the indi- find common ground and finalize an The PRESIDING OFFICER. The viduals who participated in the peace agreement. clerk will call the roll. process for more than 3 years and The tireless efforts of Ambassador The legislative clerk proceeded to stayed the course. It took courage on Jean Kennedy Smith should also be ac- call the roll. their parts, as Senator Mitchell noted, knowledged. She was there at every Mr. LOTT. Mr. President, I ask unan- ‘‘to compete in the arena of democ- turn to keep everyone focused on what imous consent that the order for the racy.’’ was happening throughout the process, quorum call be rescinded. I think it is fair to say that one of and to ensure that at appropriate mo- The PRESIDING OFFICER. Without the giants over the years in Northern ments, the necessary encouragement objection, it is so ordered. Ireland and the Northern Ireland peace from the United States was forthcom- Mr. LOTT. In the interest of making efforts has been John Hume of Derry, a ing. sure we utilize all time that is avail- long-time civil rights crusader and re- I should mention as well that our able, we have here and ready to speak spected leader of the Social Demo- own colleague, Senator EDWARD KEN- Senators who are interested in the res- cratic and Labour Party. John Hume NEDY of Massachusetts, played a very, olution with regard to Ireland. deserves great praise for his tireless ef- very important role over many years f forts over the past 30 years to bring to encourage a political and peaceful peace to his people. David Trimble, resolution of the problems in the ACKNOWLEDGING THE HISTORIC president of the Ulster Unionist Party, north. NORTHERN IRELAND PEACE and Gerry Adams, president of Sinn There have been others of our col- AGREEMENT Fein, were also indispensable in mak- leagues here in this Chamber, Senator Mr. LOTT. Mr. President, I ask unan- ing a final agreement possible. MOYNIHAN of New York, Senator LEAHY imous consent that the Senate now They, along with other participants, of Vermont, Senator MACK of Florida, proceed to the current resolution re- deserve enormous credit for their per- and in the other body PETER KING of garding Ireland; that there be 30 min- sistence and determination, for their New York, Congressman NEAL of Mas- utes for debate only, equally divided willingness to make honorable com- sachusetts, BEN GILMAN, of New York, between the majority and minority promises so that the people of Ireland JOE KENNEDY of Massachusetts all of leaders or their designees; that no mo- can look forward to a day when hatred whom have been deeply committed to tions or amendments be in order, and and bloodshed are not part of their finding a peaceful solution to Ireland’s at the conclusion of yielding back of daily landscape. Troubles. I know there are others as time, we have the vote on the resolu- Let me also take a moment, if I may, well, but these are the names that tion on Ireland immediately following to mention a few of the other key ac- come to mind immediately who, for the education vote. So it would be tors in this drama who warrant special many, many years sought to bring S3496 CONGRESSIONAL RECORD — SENATE April 23, 1998 about a political and peaceful resolu- will have the courage, wisdom and fore- Great credit also goes to Taoiseach tion to the violence in the north. sight to do that. Ahern and Prime Minister Blair. They The 67-page final document is a com- Mr. President, I know my colleague, made Northern Ireland their high pri- plex mosaic of provisions that endeav- Senator KENNEDY, is here on the floor. ority, and constantly urged the parties ors to address the interests and con- If there is additional time, I ask unani- to keep moving forward to agreement. cerns of the two Northern Ireland com- mous consent for another 5 or 10 addi- President Clinton’s continuing strong munities, Protestant and Catholic, tional minutes for people to be heard support was also indispensable in the within a framework of democracy, jus- on this issue if it is appropriate. success that was finally achieved. tice and equal rights. The PRESIDING OFFICER. There The participants in the talks also de- The April 10 agreement is in many are 61⁄2 minutes remaining. The Sen- serve great credit. They had the cour- ways the culmination of more than a ator from Massachusetts. age to negotiate and to produce a fair decade of efforts by the British and Mr. President, it’s a privilege to join agreement that reflects the aspirations Irish governments to broker peace in my colleagues Senators DODD, MOY- of Nationalists and Unionists alike. the conflicted North. The 1985 Anglo- NIHAN, KERRY, LEAHY, LAUTENBERG, On May 22, the agreement will be Irish Accord, the 1993 Joint Declara- DASCHLE, MACK, and D’AMATO in spon- voted on in separate referendums by tion, and the 1995 New Framework for soring this resolution, which com- the people of Ireland, North and South. Agreement were all important mile- mends the many leaders responsible for Last Saturday, David Trimble suc- stones on the road to peace. the achievement of the recent historic ceeded in obtaining the overwhelming Perhaps the secret of success on this peace agreement in Northern Ireland. endorsement of the Ulster Unionist occasion was that all of the parties to The agreement reached on Good Fri- Party for the agreement. I hope that the conflict were represented in the ne- day marks a turning point in the his- the leaders of all the parties will work gotiations—each side setting forth for tory of Northern Ireland. For too long, as hard and as effectively for a ‘‘yes’’ itself its concerns and aspirations. it has been a land synonymous with vote to convince their followers of the Those concerns and aspirations have in bloodshed, violence and hatred. But merits of this agreement. turn been interwoven into the final now Northern Ireland stands as an ex- Hopefully, the people of Ireland and text of the accord. ample to the world that agreement be- Northern Ireland will approve the The August 1994, IRA cease-fire and tween differing ethnic and national agreement in the referendums to be the cease-fire by the Combined Loyal- groups is attainable. held next month, so that implementa- ist Military Command that followed The current Troubles in Northern tion of the agreement can begin. shortly thereafter created the oppor- Ireland began in 1969 and raged merci- An Assembly must be elected. tunity for these all inclusive negotia- lessly in the following decades, to the Changes must be made in the policing tions to take place. great distress of the many citizens and the criminal justice systems to re- There were clearly anxious moments there who wanted only peace and jus- assure both Nationalists and Unionists over the last several years during the tice. that they will receive equal protection quest for peace. To be sure, at times Many efforts to achieve a peaceful under the law. Nationalists and Union- the setbacks and disappointments that settlement over the years were unsuc- ists will have to work together in part- followed the promise of the 1994 cease- cessful. But finally, in December 1993, nership. After decades of animosity, fire announcements, left all of us de- the two governments issued a Joint this challenge is still very real, but spairing that the situation was without Declaration, making it clear that if the Northern Ireland’s parties can rise to hope. groups resorting to violence declared meet it, as the events of Good Friday You will recall, for example, that the ceasefires, their political representa- have proved. And they will have the peace process was dealt a near fatal tives could join all-inclusive talks on continuing support of the United blow on February 9, 1996, with the deto- Northern Ireland’s future. The time States as they do so. nation of an IRA bomb in London—a was ripe, and a hopeful formula for I thank the majority leader for blast that injured scores of innocent peace had been found. scheduling this in an extremely pressed people. I also want to especially credit John time. Given the recent decisions that Frankly, until the restoration of the Hume, who for years tirelessly worked have been made, it is entirely appro- IRA cease-fire last July, the Northern for peace in Northern Ireland. No one’s priate that the Senate speak on this Ireland peace process had hit bottom, contribution has been greater. When issue. We are very, very appreciative of it had reached the point where, in the the final history is written, the name the majority leader giving us the time words of Irish poet Seamus Heaney, of John Hume will stand first. in a very busy time to consider this ‘‘bad news is no longer news.’’ The courageous decision by President resolution and support it. We are now once again at a turning Clinton to grant a visa for Gerry Mr. DODD. Mr. President, if my col- point in the history of Northern Ire- Adams to visit the United States in league will yield, I also thank the ma- land. The possibility of peace is as real early 1994 was a key step leading to the jority leader. I know the pressures he as it has ever been. decision by the Irish Republican Army is under. Everything is terribly impor- As President Clinton has so aptly ob- to declare a ceasefire in August of that tant. As my colleague from Massachu- served, ‘‘to engage in serious negotia- year, and the Loyalist paramilitaries setts said, he is gracious to allow us to tions, to be willing to make principled did the same in October 1994. bring this up at this particular time. compromises, requires courage and cre- In the years that followed, there were I ask—I know there are others, in- ativity.’’ many obstacles, setbacks, and crises to cluding our colleagues from Florida, The political leaders of Northern Ire- be overcome, but the parties never lost New York and others, who want to be land demonstrated that courage and sight of the goal of the peace. heard on this issue who may not be creativity in finalizing this agreement. A new British Government under able to make it over to speak—that the It is now up to the people of Ireland— Prime Minister Tony Blair was elected RECORD be left open so their comments North and South—to ratify that agree- in May 1997, and a new Irish Govern- on the resolution appear prior to the ment in the upcoming referendums. ment under Taoiseach Bertie Ahern adoption of the resolution. More importantly, it rests in their came to power in June. Both leaders If it is appropriate, I ask for the yeas hands and hearts to make the words on and especially Secretary of State Mar- and nays on this resolution. that 67-page peace accord make a dif- jorie Mowlan committed themselves to The PRESIDING OFFICER. Is there a ference in the daily lives of every man, peace, and worked skillfully and effec- sufficient second? woman and child who calls Northern tively to achieve it. There is a sufficient second. Ireland home. Negotiations including Sinn Fein and The yeas and nays were ordered. On this day and in this Chamber, chaired by our former Senate colleague Mr. LOTT. Mr. President, I ask unan- with what I hope will be the unanimous George Mitchell began, and Senator imous consent, for those Senators who endorsement of every one of our col- Mitchell’s patience and determination would like to have their statements on leagues, I pray, as everyone else does, were critical in guiding the talks to a this resolution inserted, that they be that the people of Northern Ireland successful conclusion. inserted at this point in the RECORD. I April 23, 1998 CONGRESSIONAL RECORD — SENATE S3497 know Senator MACK, who had gotten New York, and I joined together and leaders from all sides of this conflict, away before we made these arrange- issued this St. Patrick’s Day state- many of whom worked tirelessly on ments, would like his remarks included ment: this agreement, and had the will to put at this point. We appeal to all those organizations en- ancient hatreds aside and make peace The PRESIDING OFFICER. Without gaged in violence to renounce their cam- their priority. objection, it is so ordered. paigns of death and destruction and return Now the success of the agreement Mr. KERREY. Mr. President, I rise to the path of life and peace. And we appeal rests in the hands of the people of today to offer my support to the Reso- as well to our fellow Americans to embrace Northern Ireland, who continue to re- lution being debated on the floor this this goal of peace, and to renounce any ac- view the details and, eventually, will afternoon. I am proud to be a cosponsor tion that promotes the current violence or have the opportunity to express them- of this important statement of Senate provides support or encouragement for orga- selves democratically through a ref- nizations engaged in violence. support for the Northern Ireland peace erendum. Let us hope that all the par- agreement. Like my colleagues, I be- Now, finally, one of the oldest con- ties will be able to commit to this lieve the settlement in Northern Ire- flicts in Europe has the potential of process and that none will turn to the land is an historic opportunity to bring healing and being resolved. A coura- sectarian violence of the past. It is now peace to a remarkable people that have geous agreement has been reached in the duty of all who seek peace to resist suffered from violence for far too long. Northern Ireland. We in the United the efforts of those who may seek to And as a nation with deep cultural ties States Senate can be particularly undermine the accords through vio- and personal attachment to Ireland, I proud of the role that our former col- lence. believe we can all take a moment to be league and leader George Mitchell As a member of the Senate Foreign hopeful that a new era of peace and played in mediating this agreement. He Relations Committee, I believe this prosperity in Northern Ireland is now deserves no less than the Nobel Peace agreement signals new hope for long- possible. Prize. standing conflicts around in the world. First, I would also like to use this op- The search for a just and lasting Just a few years ago, many saw the portunity to offer my congratulations peace in Northern Ireland has entered a conflicts in South Africa and Northern to our former colleague George Mitch- most promising stage. This resolution Ireland as intractable, but today one ell for his role as Independent Chair- indicates the strong support of the has been peacefully resolved and the man of the multiparty talks. Despite United States Senate for this historic other has made tremendous progress, long odds and numerous setbacks, Sen- agreement. May it fulfill our hopes. as we recognize with this resolution. ator Mitchell has demonstrated diplo- Mr. FEINGOLD. Mr, President, I rise So, Mr. President, I am happy to sup- matic skills that can only be learned today to commend the Senator from port this resolution with hope for the by being Majority Leader of the Sen- Connecticut (Mr. DODD), the Senator future, and commend the brave leaders ate. His actions have truly been a cred- from Massachusetts (Mr. KENNEDY), who have taken a risk for peace in it to our nation. and the Senator from New York (Mr. Northern Ireland. Mr. President, for the first time in MOYNIHAN) for introducing S. Con. Res. Mr. CHAFEE. Mr. President, on Good centuries there is hope that a lasting 90, which acknowledges the historic Friday a landmark agreement was peace can be achieved in Northern Ire- Northern Ireland peace agreement, and reached in Northern Ireland to start land—I think our words today fail to congratulates the individuals who down the road to bring to an end dec- capture the importance of this oppor- made the agreement possible. ades of violent hostilities, and reshape tunity. The agreements that led to the Just today, in my home state of Wis- fundamentally the political institu- April 10 accord are the result of brave consin, leaders representing all sides of tions of that province. All Americans actions by both Protestant and Catho- the Northern Ireland peace process have reason to be very pleased that the lic political leaders, and the desire to gathered in Milwaukee for a National many competing political factions in find a solution to the cycle of violence Symposium on Prospects for Peace in Northern Ireland were able to resolve that has virtually imprisoned all of the Northern Ireland, sponsored by the their longstanding, bitter disagree- people of Northern Ireland for decades. George F. Kennan Forum on Inter- ments. I am confident, when given the chance national Affairs. Mr. President, this Today I want to express my particu- to vote in the May 22 referendum, the conference was planned long before the lar appreciation of the splendid efforts people of Ireland will take the oppor- historic peace agreement was an- of President Clinton’s Special Advisor tunity to send a strong message to nounced. I am pleased that the on Ireland, former Senate Majority their political leaders of their desire to attendees were able to come to Milwau- Leader George Mitchell. It comes as no continue to move forward in this proc- kee with a viable agreement already on surprise to me that those closest to ess. the table. The speakers at today’s con- these negotiations believe that were it In our euphoria over the recent ference, who were involved in the nego- not for the tireless efforts of Senator agreements, we must not forget that tiations of the peace agreement, dis- Mitchell, this agreement would not lasting peace will only come with con- cussed both the agreement itself and have been reached. Having worked with tinued diligence. We must not allow prospects for a lasting peace in North- Senator Mitchell for nearly fifteen the opponents of peace in Northern Ire- ern Ireland. years on many complex issues, I can land to use terrorism to destroy what In light of this resolution, I want to certainly attest to his unique ability to has been painstakingly built so far. Mr. repeat some of my remarks for the forge an agreement that most thought President, with our strong support for peace symposium. unachievable. this resolution we send an unmistak- The recent agreement reached by the Senator Mitchell’s many fine at- able signal of our willingness to con- parties to the conflict in Northern Ire- tributes served him well in the U.S. tinue to work with any and all people land offers real hope for an end to three Senate, and helped prepare him for the in Northern Ireland dedicated to bring- decades of violence in that troubled tremendous challenges he faced as ing about a peaceful and lasting settle- land. This historic step is the product chairman of the multi-party talks in ment. of a new commitment to peace by par- Northern Ireland: Mr. MOYNIHAN. Mr. President. I rise ties on all sides of this longstanding He has the patience to listen to the as an original sponsor of the resolution conflict. contentions of people whose differences acknowledging the historic Northern It is proper that this resolution com- have existed for some three hundred Ireland peace agreement. In adopting mends President Clinton for making years. Twenty-two months of talks this resolution, the Senate will dem- the search for an end to the conflict in may well have worn out a less capable, onstrate its strong support for this Northern Ireland a top foreign policy less disciplined person. agreement which has been so long in priority. My former colleague, Senator Senator Mitchell also brought with coming. George Mitchell, deserves special rec- him to Belfast the Senate’s respect for When I first came to the Senate in ognition from this body for his leader- full and fair debate. As chairman of 1977, Senator KENNEDY, Speaker ship in helping move the parties to an these talks, he ensured that all voices O’Neill, then-Governor Hugh Carey of agreement. Above all, we commend the at the table were permitted to speak. S3498 CONGRESSIONAL RECORD — SENATE April 23, 1998 He knew well that in the end, a suc- ister Bertie Ahern and President Clin- his work on behalf of Maine and on be- cessful agreement required that all ton for their dedication to the peace half of all Americans. Today, however, parties felt that they had been listened process. And I am especially proud of the people of Northern Ireland and the to. my former colleague, Senator George Republic of Ireland—and peace-loving He possesses unrivaled negotiating Mitchell, for his patient and herculean people everywhere—also owe Senator skills. When needed, Senator Mitchell efforts to heal the deep wounds of this Mitchell a great debt for helping steer called upon Prime Ministers Blair of tragic conflict. these talks to their successful conclu- Great Britain and Ahern of Ireland, as It will come as no surprise to my fel- sion. well as President Clinton, in order to low Mainers and my Senate colleagues It is my great hope that with his urge the participants to keep the talks that Senator Mitchell would be unduly statesmanship and steady hand, Sen- alive. He also had the strategic think- modest in recognizing the role he has ator Mitchell has now made it possible ing to set a deadline to end the talks. played. As he noted, it may be true to achieve a real reconciliation in Senator Mitchell was persistent in that the agreement alone ‘‘guarantees Northern Ireland—and for the Irish bringing about this agreement. Despite nothing.’’ But it does bestow the pre- people to go about building their future the long odds, he never gave up in his cious gift of hope upon a people who fi- together, in cooperation rather than in core belief that newborn children in nally have ‘‘the chance for a better fu- conflict. Northern Ireland deserve the same ture.’’ And I am very pleased that the Sen- chance as his six-month-old son to In his quiet, understated way, George ate tonight will pass legislation ex- have peace, stability and reconcili- Mitchell brought individuals who had pressing our support for the Irish peace ation. been in conflict for the past thirty process and the brighter future rep- Finally, Senator Mitchell believed in years out of the shadows of distrust resented by the Stormont Agreement. compromise. Unionists and national- and into the light of faith—faith in a Mr. MACK. Mr. President, I am proud ists were clearly far apart when these nonviolent, democratic resolution. As to join my colleagues in the United talks began, as they had been for dec- one of the participants in the talks States Senate in congratulating the ades. Senator Mitchell was able to commented, ‘‘Here the United States people of Northern Ireland for their forge an agreement that gave just sent one of its most able, skilled, tal- tremendous courage and perseverence enough to both sides so that each could ented, humble politicians, a supreme which allowed for the signing of the declare victory. Indeed, this ability to diplomat, and frankly we didn’t de- historic peace agreement. With contin- bridge differences helped create our serve him.’’ ued political leadership and the inspir- very nation, as our Founding Fathers That is a poignant and appropriate ing dedication of the Northern Ireland crafted a Constitution that satisfied tribute to a man who has helped bring people, I am optimistic that peace may the big states—that sought representa- the promise of peace to a region most be at hand. tion by population—and the small deserving of its blessings. As one who I traveled to Northern Ireland this states, that sought representation by served with him in the Congress for past January. In fact, I arrived on the states. nearly 15 years, I am proud to extend date that the latest initiative which Mr. President, George Mitchell’s ac- my gratitude to Senator Mitchell for led to the peace agreement arrived: complishment in Northern Ireland his extraordinary work. And I do so January 12. During three days there, as makes us all very proud of him and knowing that the honor which would the parties reviewed the details and proud of American values and ideals. In please George Mitchell most would be held discussions with their constitu- announcing the Good Friday Agree- the true and lasting success of the re- encies, I developed a deep admiration ment, he stated, ‘‘it doesn’t take cour- markable agreement he helped to for the political leaders who eventually age to shoot a policeman in the back of broker. accepted this agreement. the head, or to murder an unarmed taxi May the Northern Ireland Peace The concurrent resolution which we driver. What takes courage is to com- Agreement finally bring an end to the are submitting today seeks to thank pete in the arena of democracy as these fear and suffering, and may the future all of the people who contributed to men and women are tonight.’’ of Northern Ireland be as bright as the this peace agreement; I wish to person- Senator Mitchell knows the value of spirit and potential of her extraor- ally thank all of the people who spent this competition of ideas from his days dinary people. time listening to and talking with me. in this institution. He recognizes that Ms. COLLINS. Mr. President, it was Mr. President, I learned a great deal a government which upholds this com- Samuel Johnson who said in 1777 that about politics and courage from the petition of ideas serves its people best. the knowledge that you will be hanged representatives of the political parties The people of Northern Ireland have in a fortnight does wonders to con- in Northern Ireland. I found that poli- recognized this basic truth as well. We centrate your mind. In 1998, former ticians in Northern Ireland share many salute George Mitchell, a true states- Senate Majority Leader and Maine of the challenges that politicians face man who has helped begin the end of Senator George Mitchell proved the in the United States Senate. Specifi- one of the world’s most intractable truth of this aphorism by giving the cally, they often spend hours of each conflicts. Northern Ireland peace talks a dead- day in very difficult negotiations Ms. SNOWE. Mr. President, today I line, placing upon these negotiations which may result in dramatic changes rise to express my support for Senate the equivalent, if you will, of a ‘‘sun- in the lives of those they represent. Concurrent Resolution 90, which ac- set’’ provision that left the parties no Following these meetings, they face knowledges the historic Northern Ire- alternative but finally to come up with their constituencies and justify their land Peace Agreement reached just two a real solution. actions. The difference, however, be- weeks ago. This deadline accomplished its pur- tween our jobs and theirs lies in the Both the governments of the Repub- pose: it concentrated their minds won- stakes. These people literally risked lic of Ireland and the United Kingdom derfully, and this led directly to the their lives by engaging in the peace have worked for many years to facili- historic Stormont Agreement. Some process; they risked their lives to en- tate a peaceful resolution to the con- years ago it scarcely seemed possible dorse this agreement; and they con- flict in Northern Ireland that has cost to imagine a Northern Ireland in which tinue to bear this risk as the process so many lives and caused so much suf- children could grow up without fear of continues. fering. Ultimately, it was the willing- sectarian violence and bloodshed. Mr. President, the American people ness of the representatives of Northern Today, however, this brighter future is recognize the incredible risks these Ireland’s political parties to adhere to not only imaginable—it is very nearly leaders take, and we thank them. To the principles of non-violence that here. these brave men and women, however, helped create an atmosphere that led That Senator Mitchell should possess the reward diminishes the risk. If this to this most historic agreement. such statesmanship and political acu- agreement succeeds as planned, it may I commend all those who helped lay men is, of course, no surprise in my alter the course of history. Because of the groundwork for this achievement: home state of Maine. Senator Micthell this brave sacrifice, the people of Prime Minister Tony Blair, Prime Min- is greatly admired in this country for Northern Ireland have the promise of April 23, 1998 CONGRESSIONAL RECORD — SENATE S3499 security, freedom, prosperity and an The PRESIDING OFFICER. All time Therefore, that will be the schedule end to indiscriminate killings and ter- is yielded back. for the remainder of this week and rorist acts. Mr. LOTT addressed the Chair. through some part of Wednesday of Mr. President, our concurrent resolu- The PRESIDING OFFICER. The ma- next week. tion thanks a lot of people. But for me, jority leader. I yield the floor, and we can now the most inspiring people I met were Mr. LOTT. Mr. President, Senator begin the debate. outside of Belfast. The role of the com- DASCHLE and I have been communicat- f munity leaders cannot be overempha- ing. We do have an agreement we think sized. While the negotiations proceeded is a fair way to conclude the debate on EDUCATION SAVINGS ACT FOR in Belfast, at homes, neighborhoods the education bill and also an agree- PUBLIC AND PRIVATE SCHOOLS and towns across the region, people ment with regard to how the State De- The Senate continued with the con- were building local relationships which partment reorganization conference re- sideration of the bill. crossed borders and communities. port will be considered. The PRESIDING OFFICER. Under These are the true heroes of the peace f the order just stated, the Senate will process. The people I met are making now resume discussion and debate of UNANIMOUS CONSENT changes and making a differences H.R. 2646. AGREEMENT where they live. They support the po- Under the previous order, the ques- litical process, but were not waiting Mr. LOTT. Mr. President, I ask unan- tion is on the engrossment of the around for anything coming from the imous consent that the Coverdell A+ amendments and third reading of the capitals. Spending time among the peo- education bill be advanced to third bill. ple in the border regions, with the reading and that there be 3 hours 40 The amendments were ordered to be strongest faith in their abilities to minutes of remaining debate time, to engrossed and the bill to be read a make a difference in their own towns be equally divided in the usual form; third time. and neighborhoods, I became convinced and that following the conclusion or The bill was read a third time. that peace had a chance in Northern yielding back of time, the Senate pro- Mrs. FEINSTEIN addressed the Ireland. ceed to a vote on passage of the Cover- Chair. I salute all of the people of Ireland dell A+ bill. The PRESIDING OFFICER. The Sen- and Norther Ireland today who have la- I am hoping that Senators have had ator from the great State of California. bored for peace. They are the driving an opportunity to say what they need Mrs. FEINSTEIN. Mr. President, I force behind the peace process, and to say on this. Those who want to have not had an opportunity to speak they will make it work. make closing remarks will be free to do on this bill. I take this opportunity to Mr. LOTT. I have a few remarks I so under this agreement, but it would do so now. would like to make on this. be all right with the majority leader Prior to yesterday, it was my full in- The PRESIDING OFFICER. The ma- and the Senate if we did not have to tention to vote for this bill. After yes- jority leader. use the full 3 hours 40 minutes. At that terday, I regret to say I have some seri- Mr. LOTT. Mr. President, I thank time, we will have a recorded vote, if ous problems with it and cannot vote Senators KENNEDY and DODD for their this agreement is entered into, on the for it at this time, but I will, if the comments. I thought it appropriate education bill, followed by a vote on problems are remedied, vote for this today, without another day going by, the Irish resolution. bill when it comes out of conference. that the U.S. Senate express itself on I further ask unanimous consent that Let me speak just briefly about what this very important issue on behalf of at 10 a.m. on Friday, the Senate begin the problems are and then why I think the American people. That is why we consideration of the conference report the Coverdell-Torricelli bill is so im- made sure that we brought it up and to accompany the State Department portant and groundbreaking. had these few minutes to discuss this reorganization bill under the consent Yesterday, this body accepted on a resolution, and that we put on the agreement of March 31, and that the 50-to-49 vote an amendment to convert Record our salutations to those who vote occur on adoption of the con- over $10 billion in currently targeted have been involved in these negotia- ference report at 5:30 p.m. on Monday, Federal education funds to a block tions. We offer our congratulations to April 27, with 10 minutes of debate re- grant to States. With adoption of this all the participants in the negotia- maining for closing remarks to be amendment, our efforts to direct lim- tions. I think they deserve recognition equally divided just prior to the vote. ited Federal funds to national prior- for their willingness to make honorable I further ask unanimous consent that ities are obliterated. Funds for dis- compromises in order to reach this when the Senate reconvenes on Mon- advantaged students, funds to make agreement. day, April 27, following morning busi- schools safe and drug-free, funds for I think particular credit goes to our ness, the Senate proceed to executive meeting national student achievement former colleague, Senator George session to consider the NATO enlarge- goals—virtually gone. Mitchell, for his persistence and his ment treaty. For ESEA Title I, the bill as it now doggedness. Frankly, I wasn’t sure that The PRESIDING OFFICER. Without stands deletes important requirements: it could be pulled off, but he stayed objection, it is so ordered. Requirements for student perform- with it. I think we owe him a debt of Mr. LOTT. Mr. President, for the in- ance standards and assessment, some- gratitude for his work. formation of all Senators, we will have thing that I believe is vital if we are Also, of course, I commend Prime two votes back to back around, I pre- going to change the downward trend of Minister Tony Blair and Taoiseach sume, 7:30, hopefully. Then we will public education in this country. Bertie Ahearn for their involvement have the State Department reorganiza- Requirements for evaluating a pro- and leadership. I believe the American tion debate on Friday, with no re- gram’s effectiveness. How could some- people are proud of the contributions corded votes. The next recorded vote one oppose that? the United States and our President after tonight will be at 5:30 p.m. on Requirements to take corrective ac- have made to this effort. We hope it Monday. We will have no other subject tion if programs are not effective. You will lead to approval in the May 22 ref- debated on Monday other than NATO mean, don’t change a program if you erendums. Most of all, we hope it will enlargement. We will stay on NATO en- find out it is not effective? lead to a lasting peace in Northern Ire- largement until Senators feel they are And requirements that Federal funds land. That is the desire and that is the prepared to vote. Hopefully, by having not supplant State and local funds. prayer of the people in Northern Ire- that debate Monday and votes on That was the Gorton amendment. land, in America and, hopefully, amendments perhaps on Tuesday and Secondly, that same day the Senate throughout the world. I endorse this Wednesday, we can come to a conclu- adopted, on a 52–47 vote, an amendment resolution. sion on Wednesday, but we will not which would prohibit voluntary na- I have no further request for time. I hurry this most important issue and tional testing of students. Last year, am prepared to yield back the remain- deliberation of the Senate with regard this body worked out a bipartisan com- der of our time. to the NATO enlargement treaty. promise on reading and math testing S3500 CONGRESSIONAL RECORD — SENATE April 23, 1998 under which States and local school I’ll give you an example of what is cent, of these returns reflect earnings districts could participate in national good about this bill. Let us say you are under $50,000. The average per capita achievement tests, if they wished, vol- a struggling single mother, as I was at income in California in 1998 is $28,500. untarily. Many, including several one point in my life. I earned less than Here is where the grandparents or an school districts in California, have $30,000 a year. I was a single mother aunt or an uncle could really help out. agreed to participate. A good thing. with a young child. I could not save; Additionally, one out of every four Without national tests we have no way that is true. Nonetheless, if I had had students in a California school lives in of comparing student performance, an uncle who saw an incentive like the a single-parent home. Again, 25 percent therefore, the success of individual tax incentives in this bill, and said, of the students are in single-parent States in educating their students from ‘‘Aha, she’s got problems now. Let me families. State to State. This was the Ashcroft start a savings account for her little I was in Los Angeles, meeting with a amendment. It would abolish these vol- girl,’’ I would have appreciated it. This group of African American mayors of untary tests. savings incentive would be available to cities surrounding Los Angeles this Both of these amendments run a parent, a grandparent, an uncle or an past week, and a woman whom I very counter to my very strong education aunt. much respect from Watts, California, beliefs. And more importantly, I be- So if a grandparent can contribute to came up to me and said, ‘‘Hey, Dianne, lieve they obliterate any chance of a a grandchild’s education, when the tell me about this bill. Does this mean veto being overridden by this body. I mother of that child only earns $25,000 that if I can save this money, I can think that is really too bad, because I or $30,000 a year, what is wrong with save it for my grandchild?’’ And I said, was one Democrat who was planning to that? That is good. And if they want to ‘‘Yes, Alice, it sure does.’’ And she vote to override a Presidential veto if spend that savings in a private school, said, ‘‘That sounds pretty good to me.’’ necessary because I believe the Cover- in a public school, in a parochial Well, I have to tell you, it sounds pret- dell-Torricelli bill breaks important school, I say, what is wrong with that? ty good to me, too. Only 51 percent of California’s homes ground which I, frankly, am pleased to I am a strong supporter of public have a personal computer. Among stand and support and defend. schools, but I must tell you that I re- I have heard the bill called a lot of ject the thinking that says there is Latino households, only 30 percent own things: ‘‘A voucher system.’’ In my only one way to look at strengthening a computer. In my State, we rank 45th out of 50 in view, it isn’t. A ‘‘subsidy to private in- education, that is that you can only student-to-computer ratios, with 14 stitutions.’’ In my view, it isn’t. A push it in one direction. What this un- students for every computer, compared ‘‘gift to the wealthy.’’ In my view, it derlying bill does is to encourage peo- to the national rate of 10 students for a isn’t. I have heard it said that it is ple to save for education and then use computer. We rank 43rd in network ac- ‘‘bad education policy.’’ I disagree. their savings for education. cess. Our education technology task What I like about this bill is it does ‘‘Bad tax policy.’’ I disagree. force has called for an $11 billion in- What this bill is, is an encourage- just that. It says, if you send your vestment to put technology into K ment to save for education in a society child to a public school, you can use through 12 classrooms. Computers in that lives on credit and saves very lit- this bill perhaps to buy them a com- the home can supplement those in the tle. In my book, that is good. I in- puter. You can use this bill to get them classroom. And this is a way for a tended to vote for this bill. tutors or to send them to a special grandparent, an uncle, a niece, to help Last year, as you all know, we had after-school program or you can use with that. the IRA savings accounts for higher this bill to buy their school uniforms. Another important part of the Cover- education of $500. Both political parties Or if you are lucky enough or want to dell-Torricelli bill that no one is talk- thought that was good. That would be send your child to a private school, ing about are the incentives for college extended to $2,000 and extended down yes, you can use this money you saved, education. This bill helps in three through elementary school by this bill, or the child’s grandparent or the ways. First, it increases the allowable whether the family that saves wants to child’s aunt or the child’s uncle saved, contributions to education IRAs that spend that money in a public institu- you can use that to educate this child. we created last year for college edu- tion, a private institution, a religious In a country where public education cation. It raises them from $500 to or a parochial institution. I think that and other education is weak, why $2,000. That is important in California is good, sound public policy. wouldn’t we want to encourage savings because tuition is so high now, even in I have heard it said this is only for for education? In the first place, fami- public institutions. This makes it pos- the rich. I suppose the reason for that lies can talk about it. ‘‘Oh, I’m going sible. is because these special savings ac- to contribute to a savings account for Second, again, it expands those who counts would be available to couples my granddaughter. And here’s where contribute to include those other than earning under $150,000 and single people it’s going to go. And here’s how it’s parents. These changes should encour- earning under $95,000. And some people going to be used. And when she needs age many more Californians to save for say, ‘‘Why should we give them any it, here’s what’s going to be there.’’ I a college education. I say let’s try it. benefit?’’ Well, let me tell you, in my think that is healthy for this country. Let’s watch it. Let’s see what happens. view, saving for education makes I commend both authors, both Sen- Finally, the bill allows interest sense, whether you make $30,000 a year ator COVERDELL on the Republican side earned in qualified State tuition plans or $90,000 a year. It is good and we and Senator TORRICELLI on the Demo- to be exempt from Federal taxation. should encourage it. Of course, it may cratic side. I think this is an important This could increase participation in not be politically correct, but if it bill. The Joint Tax Committee has esti- California’s new Scholarshare Trust makes education a higher priority or a mated that 58 percent of the tax bene- Program. Effective January 1, 1998, little easier, even better, what is wrong fit would accrue to those taxpayers fil- this program authorizes participants to with that? ing returns with children in public invest money in a trust on behalf of a Let me speak for a moment on how schools. Fifty-eight percent would go specific beneficiary and it defers pay- Americans save. to families who have children in public ment of State and Federal income The U.S. personal savings rate has schools. So I do not believe this is a taxes on interest earned, on invest- been dropping for some time. In 1997, it bailout for the rich. I do not believe it ments in the trust, until benefits are fell again from 4.3 percent in 1996 to 3.8 will help only the affluent. distributed. Any California family or percent in 1997. The U.S. household per- In California, a high-cost State, the any person can open an account and sonal savings rate for 1996 was 4.4 per- cost of a home mortgage, a car loan, distributions are authorized for all ex- cent; compared to Japan, with its trou- insurance premiums, clothing, recre- penses of attending college. In the view bled economy, at 12 percent; Germany ation, are all high. Believe it or not, of the Postsecondary Education Com- at 11.4 percent; France at 12.8 percent; families that earn $90,000 a year have a mission, the bill before us could enable and Italy at 13 percent. So the United hard time saving. Californians to save $25 million annu- States saves about two-thirds less than In California, out of the 13 million ally in Federal taxes, savings that can any of these countries. tax returns filed, 10.4 million, or 78 per- then be devoted to education. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3501 Let me just indicate increases in col- problems that they have. ‘‘Senator, sizes. It is not there. It is not the lack lege tuition are outpacing increases in will there be any money to rebuild our of investment in enabling teachers to income. Total expenses during the 1997– schools?’’ get more training for uses in tech- 1998 school year to attend the Univer- Or as I think about some of the nology. It is not there. It is not just a sity of California at Berkeley were schools I visited around the country, great step backward where we don’t in- $13,169—a year; at UC San Diego, and if I was talking to other children, vest the money in public education. $13,400; California State, Chico, $10,000. they might be saying to me, ‘‘Senator, I don’t know what slice of the popu- For private schools, the cost in 1996– the roofs are caving in, the building is lation we are talking about, but I will 1997 of attending my alma mater, Stan- decrepit, the air-conditioning doesn’t tell you there are not a lot of Minneso- ford, was $30,410—when I went there, we work during the warm spring months, tans who can just take $2,000 and put it ran costs of about $1,200 a quarter. Now the heating system doesn’t work well into savings. What about the vast ma- it is $30,000 a year; at Occidental, during the cold weather months. Is jority of people who don’t have those $26,000; University of the Pacific, there any money to invest in the infra- dollars, who are concerned about the $25,000. structure, because we don’t have the communities they live in and the California’s public colleges and uni- wealth in our communities to do this?’’ schools their children go to, public edu- versities have been told to prepare for My answer will be, ‘‘No, not in this cation? a 24 percent increase in enrollment by piece of legislation.’’ This isn’t a great step forward for the year 2005, which translates into al- ‘‘Senator, will this bill train teachers public education or education for chil- most half a million additional stu- to use technology so they can incor- dren; this is a great leap backward. dents. The California Postsecondary porate that into their teaching—be- Now we have done something else, I Education Commission has predicted cause we are hearing that it is so im- say to my colleagues who supported that our public college and university portant for us to be technologically lit- this initial framework. What we have system will need about $1 billion in erate to compete in the economy. Will done through amendments passed on new revenues per year through 2006 to that happen?’’ And my answer will be this floor is undercut what has been a maintain existing facilities. no. historic national community commit- The PRESIDING OFFICER. The Sen- How about other people who work ment to title I, to children who need ator from California has spoken 15 min- with children, people who are down in that additional help. This is not a step utes. She can seek more time if she so the trenches? This is their life’s work. forward; this is a great leap backward. desires. This is their passion. They say to me, Mr. President, I will tell you, this Mrs. FEINSTEIN. This bill is not the ‘‘Senator, did you in this education bill piece of legislation is a piece of legisla- end-all, be-all solution to the problems put any money into early childhood de- tion that does not do well for many, of our schools. But it is a good step. velopment so that when children reach many children in our country. We It is my intention to vote against kindergarten they will be ready to should be able to do much better. If we this bill at this time because of the two learn?’’ And the answer will be no. were to think about the best kinds of additions I cited earlier. If the Gorton Then another question will come: things we could do to make sure that and Ashcroft amendments come out in ‘‘Senator, what about after-school children would do well, that we could conference and the appropriate tax in- care?’’ I think about the Boxer amend- have good education for all of our chil- centives to save for education remain, ment. ‘‘Did you put any money into dren, we would have put a lot of em- I will vote for this bill and I will vote good community-based after-school phasis on smaller class size, and there to override a Presidential veto. care programs?’’ A lot of us with teen- is no emphasis on it; a lot of emphasis The PRESIDING OFFICER. The Sen- age daughters and sons worry a lot on early childhood development, and ator from North Dakota. about where they are and whether or there is no emphasis on this; a lot of Mr. DORGAN. I yield 15 minutes to not there would be something positive emphasis on after-school programs, and the Senator from Minnesota, Senator for them to do after school. ‘‘Did you there is nothing in this legislation; a WELLSTONE. all do anything in this legislation to lot of emphasis on rebuilding crum- The PRESIDING OFFICER. The Sen- help us?’’ And the answer will be no. bling schools. ator from Minnesota is recognized for Then to make matters worse, with What kind of message do you think 15 minutes. some of the amendments that have these children get when they walk into Mr. WELLSTONE. The U.S. Senate is passed, I heard my colleague from Cali- these dilapidated buildings? The mes- about to pass a bill that deals with fornia speaking, now we have block sage is that we don’t value them. But education and then send it to the grant amendments that passed. So as a there is nothing in this legislation that President. national community, what we used to deals with that. Mr. President, what we Now, when I go back to Minnesota— say was we are a nation. We do not also would have done is, we would have and when I am in Minnesota I try to be want to grow apart, we want to grow focused not just on the children, but we in a school every 2 weeks—here are together. We make certain commit- should be focusing also on the parent some of the questions that students ments here in the Senate and here in or parents. The two most important ex- might be asking me about this edu- the House of Representatives rep- planatory variables in determining how cation bill. resenting our Nation. We are a na- well children do are the income status ‘‘Senator,’’ or ‘‘PAUL,’’ will this legis- tional community with certain values and the educational status of their par- lation reduce the class size or the size and priorities. By golly, one of them is ent or parents. We don’t put the em- of our classes so that our teachers will title I. We want to make sure that chil- phasis on that. We don’t put the em- be able to give us more attention so we dren who come from families in dif- phasis on making sure there is health won’t have to sit on a radiator because ficult circumstances—low and mod- care there and good jobs and family in- there is not enough room in the class- erate income and other problems—get come. We don’t put the emphasis on room?’’ By the way, I don’t speak just some additional support, and our smaller class size. We don’t put empha- for Minnesota but I speak for a lot of schools get some additional support so sis on rebuilding crumbling schools. We schools I visited in this country. My they can give these kids some addi- don’t put emphasis on preschool, early answer will be no, though I would like tional help. childhood development or after-school to be able to say to those students yes, Now there is no assurance that will programs. What we do is undercut and because I know how important class happen. There is no assurance that we wipe away a major commitment that size is to whether or not they receive a will have the same commitment to safe we have made to the title I program good education. and drug-free schools. We now have and funds for kids from low- and mod- ‘‘Senator, will there be any money to with this piece of legislation $1.6 bil- erate-income families. renovate our school?’’ I was just meet- lion or $1.7 billion—what we have done This piece of legislation is not a ing with a group of students from one is not just a money issue. It is not just great step forward; it is a great leap of our schools, a middle school in Min- a lack of investment in crumbling backward from a commitment to pub- nesota, the community of Cambridge. schools. That is not there. It is not just lic education, from a commitment to They were talking about some of the the lack of investment in smaller class children and families all across the S3502 CONGRESSIONAL RECORD — SENATE April 23, 1998 United States of America, from a na- from the final version of the Taxpayer marily to help meet the financial bur- tional commitment to making sure Relief Act at the request of the Admin- den of going to college. The choice is that we expand opportunities for all of istration. up to each individual family on how to the children in our country. The bill we are considering today, spend their money—which is an impor- This piece of legislation doesn’t do H.R. 2646, mirrors the modifying tant point to stress, that we are talk- that. It may pass, but it will be vetoed amendment that Senator COVERDELL ing about after-tax income, not the by the President. And I will say to my offered. It would increase the annual ‘‘government’s’’ money, not a tax cred- colleagues that I am sorry, because I contribution limit for the Education it or even a deduction. It is the par- guess, with the exception of some Sen- IRA up to $2,000, and then expand the ent’s money, not the government’s. ators who have a different view, this is definition of ‘‘qualified expenses’’ to The modest tax benefit we are propos- by and large a difference that we have also allow families to withdraw money ing would simply reward them for sav- on the two sides of the aisle. I look for- from the account without penalty for ing for their child’s future, which is ex- ward to this national debate. We will K–12 expenses, such as tutoring, tui- actly why we passed the original Edu- be debating education. In a way, this tion, books, uniforms, computers and cation savings account with strong bi- exercise—I would not call it meaning- special services for disabled students. partisan support. less. People spoke. But the truth of the Like the original Education savings ac- This is all reasonable and sensible, matter is that everybody knows the count, this expanded version would be which leaves me puzzled as to why President is going to veto this bill. He targeted at the broad range of working some are attacking this bill as if we has made that clear. In that sense, all and middle class families with depend- were proposing to destroy public edu- of us have felt a little uneasy about ents under 18 years old, limiting eligi- cation in this country as we know it. this week. But the debate will go on, bility to those households with annual Judging from the overheated rhetoric because this issue of education, this income of less than $160,000. we have been hearing, this plan is little issue of our children, whether our chil- Judging this proposal on the merits, more than a backdoor attempt to fun- dren will get good educational opportu- it makes eminent sense. At a time nel money into private schools at the nities so they will do well in their when parents are growing increasingly expense of public schools and create a lives—this is an important issue to concerned about the quality of K–12 new tax shelter for the wealthy. It families in North Dakota, Connecticut, education their children are receiving would ‘‘do nothing to improve teaching Minnesota, and all across the country. and when many educators are trying or learning in our public schools,’’ in As a Democrat, I am telling you, we desperately to spur greater parental in- the words of one group; instead, it are going to take this issue out and volvement in their children’s school- would ‘‘undermine support of public about the country. We are going to ing, the expanded Education savings education,’’ in the words of the an- have a discussion, dialog, and debate. account would encourage parents to in- other. And a third organization seethed This piece of legislation, especially vest directly in their children’s edu- that this bill is really ‘‘private and pa- with these amendments, represents a cation, from kindergarten all the way rochial school vouchers masquerading huge step backward, and I want people through to graduate school, and take a as tax policy.’’ in the country to understand that on more active role in the lives of their For those of us who have fought the this issue, the differences between the sons and daughters. And at a time school choice battles in the past, the Democrats and Republicans makes a when many parents are seeking more nature and vehemence of these criti- huge difference. choices for their kids, especially for cisms is familiar. Last fall, for in- I yield the floor. the students who are trapped in failing stance, we called for the creation of a Mr. LIEBERMAN addressed the and unresponsive local schools, this small pilot program here in Washing- Chair. bill would help make private or paro- ton, D.C., that would have authorized The PRESIDING OFFICER. Who chial school a more affordable option $7 million to provide 2,000 disadvan- yields the Senator time? for those families who decide that is taged children with scholarships to at- Mr. LIEBERMAN. Mr. President, I the best choice for their child, or in tend the school of their choice, without have been authorized to confirm the some cases, the only chance to get a a dime away from the amount re- time allocated to the Senator from decent education. quested by the D.C. public schools. For Georgia, Mr. COVERDELL, and yield my- For the average family, this plan that Secretary of Education Richard self up to 15 minutes. would provide a significant incentive Riley, a man I truly admire, went so The PRESIDING OFFICER (Mr. to set aside some of their savings for far as to suggest that our bill would COATS). The Senator is recognized for the myriad costs they may face in ‘‘undermine a 200-year American com- up to 15 minutes. helping their children reach their full mitment to the common school.’’ Mr. LIEBERMAN. Mr. President, I potential, such as the after-school But what is surprising in this case is rise today to voice my support for the math tutoring an underachieving child how utterly disconnected the current Parent and Student Savings Account needs to reach grade level, or the new criticisms are from the bill we are con- PLUS Act, which I am pleased to join computer a budding programmer needs sidering today. Let’s start with the Senators COVERELL and TORRICELLI in to upgrade his skills, or the special fact that this measure does not re- cosponsoring, and also to urge my col- classes a dyslexic students needs to motely resemble a voucher or scholar- leagues to give this bill a full and fair take to overcome her disability, or ship plan, nor does it target aid to pri- hearing before making up their minds even the price of tuition a family needs vate schools. This is a savings account on it. to pay to ensure that their child can bill, one that simply raises the con- The core of this legislation is similar learn in a safe, disciplined environ- tribution limit for the existing edu- to a provision that passed both houses ment. According to an analysis by the cation savings account and gives par- of Congress as part of the Taxpayer Re- Joint Tax Committee, if a family with ents the choice to use some of those lief Act of 1997, but was stricken out annual income of $70,000 contributed savings for K–12 expenses. It is un- before the President gave his final ap- the maximum each year to the ex- equivocally neutral on its face—it does proval. The Taxpayer Relief Act au- panded IRA, they would accumulate a not distinguish between public school thorized the creation of an Education savings of more than $17,000 by the parents and private school parents. It IRA that would allow parents to set time their first child was age seven, is meant to help all parents, and the aside up to $500 each year in a tax-free while saving $1,000 in taxes. By the truth of the matter is that the clear account to help pay for their children’s time that same child was ready to majority of parents who are expected college education, a provision that I start high school, the account would be to take advantage of it—70 percent, ac- cosponsored. Senator COVERDELL suc- worth $41,000, and the tax savings cording to the Joint Tax Committee— ceeded in adding an amendment that would top $4,300. will have their children in public would permit parents to also use this Those are significant sums of money, schools. To suggest otherwise is to ig- Education IRA to pay for elementary which could be used for immediate nore the growing variety of edu- and secondary education costs, but needs when children are growing up, or cational costs that many public school that provision was ultimately dropped in many families, could be reserved pri- parents face these days, and overlook April 23, 1998 CONGRESSIONAL RECORD — SENATE S3503 the tens of thousands of parents who can spur them to invest in their chil- contrary, most of the money saved will are turning to places like Sylvan dren’s education and generate parental go to colleges and universities. Learning Center to help improve their involvement, then it will serve a valu- Hearing these misdirected attacks, I children’s skills. able purpose. can’t help but ask why so many The critics of the education savings Moreover, I would also say to my col- thoughtful, well-intentioned edu- account legislation are also off base leagues that if they truly want to tar- cational groups are engaging in so when they proclaim that it would do get aid to disadvantaged children who many logical contortions to bring down absolutely nothing to help public edu- are not being well-served by the status this bill. To answer that question, I cation. To see why, I would urge my quo, then they should support legisla- would repeat the simple theory I of- colleagues on both sides to re-read the tion that Senator COATS and I have fered last fall during the rancorous de- President’s major educational prior- sponsored that would establish low-in- bate over the D.C. scholarship bill: ities. Both the President and the Sec- come school choice programs in several Love is blind even in public policy cir- retary have rightly argued that stimu- major cities. These pilot programs cles. I fear that our critics are so com- lating greater parental involvement is would give thousands of poor students mitted to the noble mission of public critical to reaching all seven of the Ad- the opportunity to attend a better education that they have shut their ministration’s top goals, particularly school and realize their hopes of better eyes to the egregious failures in some when it comes to improving reading future, while providing us as policy- of our public schools and insisted on proficiency. The Secretary believes it makers an opportunity to examine defending the indefensible. And they is so essential that he established a what impact this kind of narrowly-tar- are so conditioned to believing that broad-based national initiative—the geted, means-tested approach would any departure from the one-size-fits-all ‘‘Partnership for Family Involvement and could have on the broader edu- approach is the beginning of the end in Education’’—to better engage par- cation system. Many of the supporters for public schools that they refuse to ents. The bill we are debating today, of the bill we are debating today also even concede the possibility that offer- H.R. 2646, will help by encouraging par- have expressed strong support for the ing children a choice could give them a ents across the country to save for the Coats-Lieberman bill, so it’s just not chance at a better life while we are future and take a more active role in accurate to suggest that the sponsors working to repair and reform all of our their children’s schooling. It will not of the education savings account legis- public schools. singlehandedly raise test scores or lation are merely interest in helping In this week’s debate, we are seeing prompt millions of new parents to join the well-off. this reflexive defensiveness again. We their local PTAs. But is will com- Nevertheless, the opponents of this are not discussing a voucher bill. We plement and reinforce the work that bill continue to insist that we are are not attempting to give nay Federal the Secretary and many national and wrong no matter what the facts say. money to private schools. We are pro- grassroots education groups are al- Last year, many of my Democratic col- posing a modest plan to help families— ready doing, and for that reason it is leagues and many of the leading edu- not public school families, or private worthy of our support. cational groups voiced their strong school families, but families of all Perhaps the most vexing criticism of support for the original Education IRA kinds—provide the best educational op- this super Education IRA plan is the as a boon to middle class families portunities for their children. It sounds notion that it will only benefit the struggling to pay for college. Today a lot like the G.I. bill or the guaran- wealthy. The language of the bill ex- they turn around and attack the same teed student loan program, which we plicitly refutes that point, and I would concept with the same income caps— all support. But because some parents urge my colleagues to read it for them- let me repeat, the same exact income who take advantage of these accounts selves. They will see that it precludes caps—as a sop to the rich. The dif- and the small tax benefit we are offer- any individual parent with income ference, of course, is that parents ing will choose to send their children above $110,000 or any couple above would have the choice to use the sav- to private schools, this bill is seen as $160,000 from contributing to an ex- ings from the expanded IRA for K–12 anathema by some. panded IRA. I would also urge my col- expenses for public and private schools Mr. President, as the consideration of leagues to refer again to the Joint Tax students, or college or both. this bill proceeds, I would appeal to my Committee’s analysis of the bill, which That distinction is so significant to colleagues to lay down their rhetorical projects that 70 percent of the tax ben- our cities that they are willing to arms and listen—not to be bipartisan efit from the expanded IRA will go to eliminate the part of the A+ Accounts co-sponsors of the bill, but to the peo- families with annual incomes less than bill that would increase the contribu- ple we are trying to help. Yes, they $75,000—middle class families. And I tion limit for the IRA from $500 to want smaller class sizes, and yes, they would urge them to consider the provi- $2000, which would give millions of par- want safer and sturdier public schools, sion in the bill that allows any cor- ents an even greater incentive to save and yes, they want better-trained poration, union, or non-profit organiza- for college, in order to prevent us from teachers. But those are not reasons to tions to contribute to IRAs for low-in- providing a modicum of relief for ele- oppose this bill. In addition to seeking come students. The growth of dona- mentary and secondary costs. That more money to improve our public tions to private scholarship funds facet of the bill has gotten lost in all schools, parents increasingly are de- across the country—more than $40 mil- the hyperbole of this debate, and it manding more choices for their chil- lion has been raised since 1991 for pro- bears repeating: Beyond allowing par- dren—be it in the form of public school grams in more than 30 cities, including ents to use the IRA to pay for K–12 ex- choice, charter schools, or scholarships one in Bridgeport, Connecticut—sug- penses, this measure would signifi- for low-income kids to attend a quality gests that there are many generous cantly enhance their ability to meet private or parochial school. And they groups who would be interested in lend- the burden of paying for college. In are seeking more of a focus on results ing their support to an Education IRS fact, according to the Joint Tax Com- rather than a defense of the system and for a disadvantaged child. mittee, the clear majority of the addi- all who function in it. Mr. President, in making these tional $1.64 billion in tax benefit that Poll after poll confirms this. For the points, I harbor no illusions. I recog- this bill would extend over the next 10 sake of this debate, let me cite just a nize that a relatively small number of years would go to families who are sav- few. A recent survey by the Center for poor families will likely benefit from ing for higher education, a very impor- Education Reform found that 82 per- the expanded IRAs, and that these ac- tant purpose for them and for our cent of parents said they would support counts will primarily help middle and country in this education age. That is efforts to give them the option of send- upper middle class families who have something that the critics of this super ing their children to the public or pri- the means to maintain them. But that Education IRA are reluctant to ac- vate school of their choice. A much- is a significant chunk of our populace, knowledge. According to them, prac- quoted study done by the Joint Center and most of them are financially tically every last penny from this bill for Political and Economic Studies last stressed in trying to meet the costs of will end up in the coffers of private ele- year found that 57 percent of African- home, family and school. If this bill mentary and secondary schools. On the Americans and 65 percent of Hispanics S3504 CONGRESSIONAL RECORD — SENATE April 23, 1998 favor the use of vouchers to expand op- tional, technological age in which we hand to middle class families who are portunities for low-income students. live—how that ticket to a better life is trying to send their kids to college to And even Phi Beta Kappa, which is being deprived to millions of our chil- better educate them and to figure out openly skeptical of private school dren today, who are going to school in how to do it without putting an enor- choice, found in its annual poll on pub- buildings that are in shabby shape and mous financial burden of debt on their lic attitudes towards public schools a schools that are unsafe—not only are backs. slim plurality of Americans would now the buildings unsafe, but it is unsafe to Senator COVERDELL and Senator support a program using tax dollars to be there in many cases. Too often, they TORRICELLI have had the imagination pay tuition at private school for some are taught—and I use the word advised- to simply take that idea and increase children. If my colleagues need any ly—by teachers who are not prepared the amount of money that could be put more evidence, I would point them to in the subjects that they are supposed in up to $2,000, and make it, as the de- the mushrooming charter school move- to be teaching. Too many parents are bate has made clear, applicable to ele- ment, where parents and teachers hun- wanting to help their children more, mentary and secondary education as gry for alternatives to the status quo but they are too burdened economi- well as college, and to make it avail- have started more than 700 new schools cally to find a way to make that hap- able for use by parents for both public from scratch over the last five years, pen. Class sizes are too large, and pro- school students and for students of with hundreds more to open next fall. fessional development of teachers is those parents who choose to send them The bill we are considering today not what it should be. to private or faith-based schools. cannot and will not guarantee greater Mr. President, I view this A+ Act, This bill could be called ‘‘the private choices for every family. But it does these A+ accounts, as one thoughtful, GI bill.’’ It is really, in principle, no offer a progressive response to the progressive response to that problem. different than the GI bill that is one of public’s pleas for innovative edu- It is not the solution to the problems the great accomplishments of the cational solutions that focus less on that face American education and our American Government in the postwar process and more on children. That, in children today. The fact is that there is period. I say ‘‘private’’ because the my mind, is what is truly at stake here no one answer to those problems. And money isn’t governmental, the money in this debate. We cannot walk away the shortcoming of the debate that we is the parents’. It is the families’ own from our responsibility to fix what ails have had here and the political joust- money that they put into the accounts. our public schools, to set high stand- ing that is going on here—too much of Then they decide how they want to use ards, and demand greater accountabil- it partisan—is that this debate is being it to benefit their child’s education and ity in meeting them. But in doing so, framed as if it were a multiple-choice to put their child on a path to self-suf- we must not be so defensive in our question on an exam for which there is ficiency in this technological informa- thinking that we reflexively rule out only one right answer. That is not re- tion age. innovative options that deviate a scin- ality. There is not one right answer. Some people talk about this bill as if tilla from the prevailing orthodoxy. The underlying bill here—the A+ ac- it were the beginning and the end for That is why I have urged my col- counts—is a thoughtful part of an an- public education. How could that be so? leagues to give choice a chance. That is swer. Many of the amendments offered, This is the beginning of an assist to why I have urged this body to give such as one regarding school construc- parents of working middle class fami- charters a chance, which I am proud to tion, and class size, and Senator lies, to encourage them to save some report we did last year in raising Fed- BOXER’s on after-school education, are money so that they can help us better eral funding by 60 percent for this fis- all part of the solution. And there are educate their children. Our priority in cal year. And that is why I am appeal- other decent, constructive, thoughtful this country has been and always will ing to my colleagues today to give this answers to the crisis. be public education. That is where Education IRA bill a chance. By doing I hope we can find a way—and I hope most of our children will be educated. so, we can prove that it is possible to it is after we pass this bill, which I That is where most of our effort must encourage parents to invest in their strongly support—to put aside the be put. But the crisis that plagues too children’s future without disinvesting jousting and figure out a way to sit many of our schools today forces us to in our common schools. And hopefully down together and find common focus on results. What are the results we can begin to change the dynamic of ground that is aimed at benefiting the of the education system? What are we what for too long has been a dis- millions of schoolchildren in this coun- getting for the money we are putting appointingly dogmatic and unproduc- try who are not being adequately edu- into it and not on protecting the status tive debate on education policy in this cated today. That is going to require quo? country and lay the groundwork for a all sides to drop some of the I view this not as a revolutionary new bipartisan commitment to putting orthodoxies, to drop some of the preju- proposal. Not at all. It is a modest, children first. dices, to drop some of the political re- thoughtful, progressive, cost-efficient Mr. President, again, this bill is part flex instincts at work here today, and way to help parents better educate of a host of responses to a reality to, I to go forward not to develop issues for their children. Let’s not forget that think, all of us here in this Chamber, the next campaign but to develop pro- one of the elements of the administra- which is that while we have many ex- grams for the next school year for our tion’s education program is to get par- traordinarily positive things going on children. That is the way I approach ents more involved in their children’s in our system of education in this this legislation. education. country, while we have tens of thou- This is similar to a provision that I urge my colleagues on both sides of sands, hundreds of thousands, of gifted passed both Houses of Congress as part the aisle to reread the President’s and, I would say, heroically successful of the Taxpayer Relief Act of 1997 but major education priorities. Both the teachers, while we have excellent was stricken out before the President President and the Secretary of Edu- schools—public, private, and faith- gave his final approval. The Taxpayer cation have rightfully argued that based—in our country, the fact is that Relief Act did authorize the creation of stimulating greater parental involve- the status quo in American elementary an education savings account that ment is critical to reaching all seven of and secondary education is not work- would allow parents to set aside up to the administration’s very worthy, ing for millions of our children. $500 each year in an after-tax account right on target, top education goals, The Senator from West Virginia, Mr. to help pay their children’s college particularly when it comes to improv- BYRD, spoke today with eloquence, education—a provision that I was ing reading proficiency. The Secretary with force, and with truth about the proud to have cosponsored. The income believes it is so essential that he estab- extent to which education, which has limits in that proposal were exactly lished a broad-based national initia- always been the way in which we have the same as in the proposal before us tive, a partnership for family involve- made the American dream of oppor- today. That proposal enjoyed broad bi- ment in education to better engage tunity real for generations of our peo- partisan support. No one called it a sop parents. ple, and which is even more necessarily to the rich at that point, because it The bill we are debating today I am so today because of the highly informa- certainly was not. It was a helping convinced will help by encouraging April 23, 1998 CONGRESSIONAL RECORD — SENATE S3505 parents across the country to save for it is too large a change. The underlying The PRESIDING OFFICER. The Sen- the future and to take a more active bill, that is significant, as I have said, ator from Georgia is recognized. role in their children’s schooling. It is not revolutionary. Senator GORTON’s Mr. CLELAND. Thank you, very will not singlehandedly raise test amendment is revolutionary. I think much. scores or prompt millions of new par- appropriately it ought not to be passed Mr. President, I would like to com- ents to join their local PTA. But it will after a brief debate as an amendment mend the senior Senator from Georgia, complement and reinforce the work of to another bill; it ought to be consid- my dear colleague and friend, Senator the Secretary of Education, the great ered in the fullest of time next year, COVERDELL, for his stick-to-itiveness in work that he and many national and when the Congress will take up the re- bringing this issue to the floor of the grassroots education groups are al- authorization of the Elementary and U.S. Senate. He has worked hard on the ready doing. For that reason alone, to Secondary Education Act. Parent and Student Savings Account encourage more parental involvement The final point is this: I hope beyond Act. This bill is the product of many in our children’s education, I think the effort to take these controversial long hours of hard work and com- this proposal is worthy of support. amendments off, which are guaranteed promise and collaboration, and Senator Mr. President, as I see you in the to bring a Presidential veto, that the TORRICELLI and other members of the Chair, the Senator from Indiana, it re- conferees will break out of the tug-of- Finance Committee deserve praise for minds me to make this point. Some war mode that the two sides are in and bringing this issue to the floor. have said that this bill is a sop to the see if we can’t find common ground. I I would like to state for the record rich because of the income limits. In have great respect for the Senator from that I had planned to support final pas- my opinion, it is a helping hand to the Georgia, whose imagination built on sage of the Parent and Student Savings middle class working families. The re- the education savings account, the bill Account (PLUS) Act as reported out of we passed last year, and made it into ality is that the poorest families in our Committee. In addition to the edu- this excellent A+ account proposal. I country probably will not have the cation savings account provision in the know he has not spent the time which money. I hope they can find some to bill, H.R. 2646 contains a number of he has, as well as Senator TORRICELLI put into these tax-free education sav- measures that further increase edu- and others, just to pass a bill that is cation opportunities for students, in- ings accounts. vetoed by the President and nothing But I appeal to my colleagues. If you cluding the expansion of employer-pro- happens. I know him well enough to really want to help give a boost to poor vided education assistance to cover know that he is not looking—if I may children, if you are looking for a pro- graduate courses, an allowance for in- speak directly—for an issue, he is look- dividuals to make withdrawals from gram that targets aid to those who are ing for an accomplishment, as all of us State tuition program accounts on a most disadvantaged, please take an- are. other look at the low-income school The PRESIDING OFFICER. The Sen- tax-free basis, and a provision provid- scholarship choice programs that the ator’s 15 minutes have expired. ing an increase in the small issuer re- Senator from Indiana and I have tried Mr. LIEBERMAN. I ask my colleague bate exception for bonds used to fi- in vain to convince 60 of our col- from Georgia for simply an additional 2 nance school construction, all of which leagues, 58 besides ourselves, to sup- minutes. I strongly support. port so we could at least give these Mr. COVERDELL. I yield another 2 And I also support the education sav- programs a test. Those programs are minutes to the Senator. ings account provisions, especially the totally means tested. There is no sop The PRESIDING OFFICER. The Sen- expansion of the credit for savings for to the rich there—not even a helping ator is recognized. college education, which have caused hand. It is to the middle class and di- Mr. LIEBERMAN. I thank the Sen- most of the controversy on the bill. rected totally to the poorest of our ator. While the Parent and Student Savings citizens. My appeal is that when this bill Account (PLUS) Act as reported by Mr. President, let me make two final passes, as I am convinced it will, that Committee was a modest and moderate points. I listened very carefully to my the conference committee, or meetings bill and certainly was not the final an- colleague and friend, the distinguished outside the conference meeting, includ- swer to the education problems cur- Senator from California, who is trou- ing representatives of both parties, rently facing our country, I believe bled by at least two of the amendments both Chambers, and the administra- that by making additional resources that have been put forward, both of tion, sit down together and see if we available for education this bill rep- which I voted against, one by the Sen- can’t put a package together that in- resented a step forward and I had every ator from Washington and the other by cludes these education savings ac- intention of supporting it. the Senator from Missouri. Her deci- counts, the A+ accounts, and opens the Unfortunately, yesterday the Senate sion, which I respect, is to vote against door and includes some of the proposals voted, by a one vote margin, to attach this bill because of those amendments. that have been made by some of my an amendment to this bill which I can My decision, because of my strong Democratic colleagues in this debate not support, and which is neither mod- support for the underlying bill, the and are favored by the administration. est nor moderate in impact. Senator I think that is the way to have the idea of these empowering education GORTON’s block grant amendment result of all of this debate this week to savings accounts, is to vote for the bill greatly concerns me and I believe that be more than noise and issues to carry with the amendments, although I op- it is a risky experiment that will un- into the campaign. That is the way to pose the amendments, but to appeal to dermine the legitimate, but limited, have this debate result in some real all of our colleagues who will sit on the federal role in support of public edu- change, some real hope of reform in conference committee on this measure cation. America’s educational system, and, to remove those amendments, to bring Senator GORTON’s amendment would most specifically and in a more per- them back on another day, so that they block grant funds for about one-third sonal way, some real hope for a better of the programs administered by the do not jeopardize the enormous accom- future for the millions of children in Education Department including those plishment that we can make by passing America who are not being given that for bilingual education, Title I pro- the underlying bill. chance for proficiency because we are I want to say specifically with regard grams which are targeted to poor, dis- not giving them the educational tools to Senator GORTON’s amendment on advantaged school districts, Safe and they deserve. block grants that he spent a lot of time I thank the Chair. I thank the Sen- Drug-free Schools, and education tech- on it and he did a lot of good work. It ator from Georgia. nology. Some of these programs date is a very thoughtful proposal. It is sig- I yield the floor. back to the Eisenhower Administra- nificantly improved—if I could use that Mr. DORGAN addressed the Chair. tion. We cannot turn back the clock on judgmental term at least in my frame The PRESIDING OFFICER. The Sen- programs such as these. The Gorton of reference—from the last time he pre- ator from North Dakota. amendment will undermine the federal sented it to the Senate. I know he has Mr. DORGAN. Mr. President, I yield 5 commitment to improve the nation’s met with education groups about it. minutes to the Senator from Georgia, schools and opens the doors for aban- But the reality is, in my opinion, that Senator CLELAND. donment of national commitments to S3506 CONGRESSIONAL RECORD — SENATE April 23, 1998 disadvantaged and disabled students approved version of H.R. 2646, which That is the sad truth about our coun- and other priorities established over was a modest and moderate pro-edu- try today. And so I believed that when the years by a bipartisan consensus in cation bill. However, due to the adop- Senator COVERDELL brought this legis- Congress. tion of the block grant and national lation forward, we would be laying the In spite of the fact that this idea was testing amendments, in my view the foundation for an extensive debate first advanced many months ago when current version of this legislation does about what we do about private and pa- the Senate took up last year’s edu- more harm than good and I cannot in rochial schools, what we do about the cation appropriations bill, no hearings good conscience vote for it. public schools, that we would incor- have been held on this block grant pro- I say to Senator COVERDELL, who has porate the best of President Clinton’s posal nor has there been any commit- put in many, many hours on behalf of ideas and that of the Democratic and tee review of its impact. As I stated this legislation, if these objectionable Republican leadership and set out an earlier, this amendment affects one- amendments are removed in con- agenda to carry us through the years in third of the federal education programs ference, and I hope they will be, I will this great debate. and would, in effect, radically restruc- be pleased to vote for the conference It was sadly, it appears, Mr. Presi- ture the administration of over $10 bil- report. dent, not to be. There are aspects lion of federal education dollars. I be- I thank the Chair. about the Coverdell legislation that lieve that it is premature and irrespon- Mr. COVERDELL. Mr. President, I have been said so many times and yet sible for this body to pass legislation am going to yield to the Senator from it is as if those who do not agree sim- that would make such sweeping New Jersey whatever time he will need, ply do not want to hear. Among those, changes to the federal role in education but I also take this moment to ac- sadly, I must say, my friend and a man based on thirty minutes of debate. knowledge the enormous work he has that I admire as much as any in this As a strong supporter of state and provided as a principal cosponsor from country, the President of the United local decision-making I fully support the beginning. He has been tireless, States, Bill Clinton. I heard the Presi- our current educational system which dedicated, thoughtful, and a great ally. dent yesterday say this is another form vests most authority for education at I yield to the Senator from New Jer- of a voucher, it is support for the the level of government closest to stu- sey. wealthy, it is an abandonment of the The PRESIDING OFFICER. The Sen- dents and parents, usually local school public schools. ator from New Jersey is recognized. It is worth stating one more time be- boards, with the federal role largely Mr. TORRICELLI. Mr. President, I limited to the provision of supple- fore this debate concludes so, no mat- thank Senator COVERDELL for yielding mental financial assistance. However, I ter what the vote and however people the time and for his very gracious com- may choose to cast their votes, we un- also believe that federal involvement, ments and, very importantly for the derstand the simple truth. No one ever while limited, is necessary and that the country and for the States, his extraor- contended that the Coverdell legisla- Department of Education provides an dinary leadership on this issue. tion was an answer for every problem appropriate oversight function to en- Mr. President, I will concede that of education in America. If you are vot- sure basic educational standards, civil when this debate began I believed we ing for it because you believe in one rights protections, program quality were entering upon something very im- vote you solve all problems, you will safeguards as well as overall account- portant, that after years of fooling our- not only be disappointed but you will ability. selves about the quality of education in be dishonest in casting your vote. It is I realize that there are many prob- America, the Senate was about to un- one idea to deal with one set of prob- lems with today’s schools. Our schools dertake a broad and comprehensive de- lems. It does these things. But not as and our children, unfortunately, mirror bate—indeed, a discussion that could its critics have contended. many of the problems of our times. last not simply for this year or this Last year this Senate voted to estab- Drugs, gangs and weapons have infil- Congress but through the decade— lish savings accounts for college edu- trated many of our schools and are ad- about how we fundamentally reform cations. In that instance, as on this versely affecting our children. Student education in America, a debate in day, we did not want this benefit to go educational attainment is too low in which everything was relevant and all to the wealthy alone. With limited re- far too many of our school systems. subjects and proposals would come for- sources, we wanted this benefit to go to Combating these problems will take ward but one, and that is the defense of middle-income people and working the best efforts of parents, teachers, the status quo, because if there is one families. So we established income lim- administrators and governments at the aspect of American life today that can- its, $160,000 for a family, $110,000 for a local, state and federal level. not in its entirety be defended, it is the single parent. Those are the same lim- In addition to Senator GORTON’s quality of education that we are giving its that are in this bill. If you came to amendment I also am very concerned our children. this floor last year establishing savings about Senator ASHCROFT’s amendment The process of education in America accounts for college, believing you which will prohibit spending Federal today stands like a dagger at the heart were targeting these resources to the education funds on national testing. I of this country. It is time to speak the middle-income people—and you did—on believe that voluntary national truth to parents and children alike, be- this day you have the same chance achievement tests will empower par- cause it is not simply that the edu- with the same limits of providing the ents and local school districts to assess cation of our country is not of a qual- same opportunity to the same families. how well their students are performing. ity to compete, the problem is more This is a middle-income program. Yet Such measures will give parents in- fundamental—because many parents, it is argued this is just another form of sight into how their children are doing working hard, paying their taxes, help- a voucher. and how well their children’s school is ing their children, believe they are Senator COVERDELL and I differ on doing. From the voluntary tests, we being educated to world-class stand- the question of vouchers. He supports will be able to determine if a child ards when they are not. them. I do not. In either case, this is needs help, if a class needs help and if The simple answer to the question, not a voucher. A voucher is a system a school needs help. In direct conflict what can be said about the future of a whereby you take a drawing right upon with the bipartisan compromise on na- country where one-third of its students Government money and you transfer tional testing so painstakingly crafted may enter the work force functionally that money from a public school to a last year, the ASHCROFT Amendment illiterate, 40 percent of fourth graders private school. Under the Coverdell will deny states and localities the right cannot meet minimum standards of proposal, all the money being made to utilize voluntary national tests to math, 40 percent of eight graders can- available is your money. It is a fami- measure student learning and improve not read at basic levels, the simple ly’s savings, not the Government’s. education so that all students will truth is a country that is teaching its The public schools will not receive one meet high academic standards, particu- children to those standards has a very dime less, not one dime less because we larly in math and reading. limited economic future and cannot establish these accounts. All we are Again, I would like to reiterate that maintain its current quality of life or using, or allowing to be used, is the I would have voted for the Committee- perhaps even social stability. family’s own money. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3507 At the end of the day, as Members of public schools, by logic most of this who couldn’t do it otherwise, but it the Senate come to this floor to cast money will go to public school stu- won’t help everybody, it won’t help a their votes, the issue is really more dents. The Joint Committee on Tax- third of the students, 20 percent of the simple than it might otherwise appear. ation has informed the Congress that students, 10 percent of the students. Senator COVERDELL’s proposal will pro- 70 percent of this money, 70 percent of They could not be more right. I have vide a net increase over these years of the beneficiaries of this money, will be not heard Senator COVERDELL argue, $12 billion in new resources for Amer- public school students. Because under and certainly this Senator has not ar- ican education, public and private. Who the proposal of Senator COVERDELL, gued, that this is a prescription that among us, knowing the test scores of this money is available not simply for will help every student in every way in our students, the quality of their in- tuition to private schools, but after- every educational problem in America. struction, the challenge to our coun- school activities: Transportation after I challenge one Senator to come to try, would argue that this $12 billion school, the hiring of tutors, home com- this floor with one idea that will do should not be made available when it puters, books, software. that. This is a single idea, not the last draws nothing from the Treasury, puts It is an acknowledgment that edu- idea. It may not even be the best idea, no restraint upon our resources, but cation in the 21st century is not any but it is an idea that does help the simply allows families to join the fight longer just about a teacher, a desk, and problem of education in America. Let for a quality education? a student. Learning will take place me address that for a moment, if I can, Now the question arises, of that $12 throughout the day, throughout the frankly in a partisan sense. billion, what else does it bring? Be- year, in many avenues of learning. How For many years, members of my cause, you see, not only is it not draw- many middle-class and working-class party proudly have been able to con- ing upon Government resources but it families in America can afford to buy tend that the issue of education in draws upon another powerful idea. home computers, pay the cost of hiring America, in access and in quality, be- Through most of the life of this coun- a public school teacher to teach in the longed to the Democratic Party. In- try, the education of a family, a child, evening or after school when a child is deed, from student loans to student a whole generation, was not seen as the having trouble with her studies? How lunches, title I through the vast array responsibility of a school board or a many can buy the software so a stu- of 40 years of education programs, government alone. It was grandparents dent can do the research? How many much of those programs were authored and aunts and uncles, employers, a can afford the after-school transpor- by Democrats in this Congress. It is whole community was part of educat- tation, the uniforms, the athletic one of the things that led me proudly ing a child. Somehow, through the equipment, things that a generation to be a member of the Democratic years, education became a government ago as students we took for granted? Party. issue alone. The government will al- They are not available anymore. Or But if at this late date in our Nation ways be central to education, in raising they weren’t necessary then, like tu- dealing with our education problems the resources and hiring teachers and tors or home computers. But they are we are about to engage in a partisan assuring quality, but part of the genius necessary now. competition, if there is to be an upward of this proposal is that through these For those who come to the floor and spiral of competition in ideas for who savings accounts, on every holiday, on argue about the social justice of it, can serve the cause of quality edu- every birthday, on every occasion, whether or not this is being made cation, then it is a debate not only aunts, uncles, grandparents, employ- available to the broad majority of worthy of the country, but important ers, labor unions, churches, can also Americans, consider this. There is a for our future. put their money in these accounts to new dividing line in America of oppor- Education savings accounts need be help educate these children. It is an in- tunity and it is access to knowledge neither a Republican nor a Democratic vitation to the American family and and education. Mr. President, 60 per- idea. Last year in establishing such ac- community to get back into the proc- cent of American families do not have counts for college, they were authored ess of educating American children. home computers. Their ability to re- by President Clinton himself. This Yet, it is argued, those who may now search, to write, to learn when they are year, Senator LIEBERMAN, Senator concede maybe it doesn’t just go to the not in school, to be competitive, is BREAUX, Senator BIDEN, myself, and wealthy, and maybe after this final ar- being compromised. Public education, others have joined in this effort with gument they will concede maybe it is the great leveler in America, can have Senator COVERDELL to establish these not government money, maybe it two tiers—those families who have accounts. This does not mean that we doesn’t hurt the public schools—but money for these ancillary purchases subscribe to the notion that this is a what does it do for most American stu- and those who do not; those who can replacement for either the President’s dents who have these accounts? It afford tutors and those who do not, to program or other proposals. Indeed, I bears repeating, because it goes to the participate in advanced math and began my remarks today by stating heart of the issue of educational qual- science. some profound disappointment. This ity. I hope these accounts allow us to Under the Coverdell proposal, these legislation is worthy of being passed. It maintain a system of private edu- accounts are available to ensure that would be better if Senator CAROL cation—be they Yeshivas or private or those 60 percent of Americans who do MOSELEY-BRAUN’s legislation for school parochial schools, so parents have a le- not have access to this technology can construction were included. With two- gitimate choice of where to send their buy it through these accounts. Indeed, thirds of American schools in fun- children. That choice and that com- it is worse than it appears on its face. damental disrepair, needing serious petition has served America well in In the minority communities, 85 per- construction, the Federal Government every other aspect of American life. I cent of African American families do should be involved, and the President’s doubt it is a complication and I doubt not have access to home computers. proposal, as advanced by the Senator it will fail to provide quality in edu- This is an opportunity, it is an avenue from Illinois, should be included. cation, as it does in all other areas of where many of these families—admit- Senator KENNEDY’s proposal, in ad- American life. tedly not all—many families can save vancing the proposal of President Clin- But the fact of the matter is, too, their own money to prepare their stu- ton for 100,000 new teachers to reduce these accounts are not just about dents. class size to 18, should be included. maintaining a private school system in Yet it will be argued by people of Senator LEVIN’s proposal for tech- the country free of constitutional chal- good faith who genuinely care about nology training for teachers would bet- lenge by not using government money. education, who will come to this floor ter prepare our schools and should be The simple truth is, 90 percent of the and argue that, well, it may do those included. Senator MURRAY’s proposal students in America go to public things, some students in the public for class size; Senator BOXER’s proposal school. We cannot begin to deal with schools may get home computers, some for after-school activities. issues of educational quality unless we may get tutors, and in the private I am going to support Senator COVER- also deal with public schools. Simply schools some working families may be DELL’s proposal, because I believe it is because most of these students go to able to keep their children in schools a worthwhile contribution, but I also S3508 CONGRESSIONAL RECORD — SENATE April 23, 1998 concede this: This Senate could have eloquence. Again, I extend my thanks system. But no one can deny the hard done better. We may be addressing one for his dedication and just tenacious realities of what we know is happening important proposal and making one strength in terms of promoting this in the system. valuable contribution, but we could legislation. I listened intently to his When you look at the fact that 2.6 have made many valuable contribu- description of the circumstances, and I million kids graduated from high tions. We could have made this genu- applaud his moment here in the Sen- school a couple of years ago, and fully inely bipartisan and further advance ate. Thank you. one-third of them graduated with a the cause of quality education. Mr. DORGAN addressed the Chair. level of reading that was below a basic Finally, let me say that on this day The PRESIDING OFFICER. The Sen- satisfactory reading level and only when the vote is complete, I will join ator from North Dakota. 100,000 of the 2.6 million had a world- with Senator LIEBERMAN, Senator Mr. DORGAN. Mr. President, I yield class reading level, how can anybody in CLELAND, Senator BREAUX, and others 10 minutes to the Senator from Massa- their right mind sit there and defend in a letter to the majority leader, be- chusetts, Senator KERRY. that system? cause it is still not too late to have The PRESIDING OFFICER. The Sen- The Brookings Institute recently re- this educational debate be genuinely ator from Massachusetts. leased statistics that show a very bipartisan to avoid a confrontation Mr. KERRY. I thank the Senator damning reality with respect to the with President Clinton and to achieve from North Dakota. number of people who are teaching in something real in the process of edu- Mr. President, I listened carefully to their fields, so to speak. The number of cation reform. the debate, as we have called it, over teachers in our public school system The majority has the power in the the course of the last few days, and to who are actually teaching math who conference committee to maintain its the comments of the Senator from New majored in math or are teaching provisions to eliminate voluntary Fed- Jersey. I regret to say he is correct in science who majored in science is de- eral testing standards across the coun- saying this could have been a great de- plorable. It is extraordinary. try. The majority will have the votes bate, but it wasn’t; this could have It is no wonder that all across Amer- and the power in the conference com- been a great bill, but it isn’t. ica we have parents who are desperate mittee to impose block grants on the The truth is that over the course of about the situation, who are trying to Department of Education under the the last days, the Senate has fun- find ways to vote with their children, title. That power exists, but it will not damentally avoided a real discussion in a sense, by taking them out of the lead to the cause of bipartisanship or and a real engagement on the subject public school system and putting them more comprehensive education reform. of American education. What has hap- into parochial school, teaching them at It will ensure a Presidential veto, frus- pened essentially has been a very par- home, or putting them into a charter trate those of us who have fought for tisan and very political exercise. I do school and hence there is an enormous education savings accounts, and dead- not believe that was the design of the surge in America among our parents lock this Senate in further consider- Senator from Georgia, and I know it is looking for safety, looking for a sanc- ation of improving educational quality not his fault. But I regret that, as I am tuary for their children, looking for in the United States. sure he must regret it, because we the certainty of adequacy of education. Everybody in the U.S. Senate ought I urge the majority leader in the con- know this is a bill that, in its current to admit that. But having admitted it, ference committee to use his influence form, is going to be vetoed by the the question is then, what are we pre- to have those provisions removed, to President of the United States, and I pared to do about it? What we are allow Senator COVERDELL’s proposal to believe it ought to be vetoed by the doing here has the potential to, in fact, stand on its merits in which we can President of the United States. undermine the capacity to fix the privately engage in a conversation I have previously said on the floor of places where 90 percent of the children with the President and convince him in the Senate that I do not think the idea of this country go to school. Ninety one of the great ironies of this debate. of savings accounts is a bad idea, and percent of the children of this country Senator COVERDELL’s proposals are not there are ways to construct a savings are in public school today. But 90 per- only consistent with President Clin- account that makes sense. But if the cent of the benefit of this bill does not ton’s goals for education in America, Joint Committee on Taxation tells us, go to public schools. A minimal per- they, indeed, spring from the same even though you can distort the figures roots as his own programs last year for centage of the benefit of this bill is and say, ‘‘Well, X percentage of this is going to go to the people who most college education. going to go to people in public school, Finally, I want to state my great ad- need it, in the places that they most yes, it is going to go to families whose need it, for the reasons that they most miration for Senator COVERDELL, his kids are in public school’’—it is still tenacity and his creativity in having need it. the high-income earners in America; It is not enough to talk about put- brought the Senate to this point. I the fact is over 70 percent of the bene- know he must share my disappoint- ting more teachers into our classrooms fits of this are going to go to the top 20 if the teachers are not the right kinds ment in that all of our optimism for bi- percent of income earners. You cannot partisanship, our hope for a thorough of teachers, if the teachers do not get rationalize that by saying, ‘‘Well, 48 educational debate in which we could paid the right amount of money, if you percent of it is going to go to public have engaged in a competition of how cannot attract the right kinds of school people and 52 percent is going to together we could improve the quality teachers because you do not pay them go to private school people.’’ The 48 of our schools rather than having the right amount of money, if you do percent of public school people who are sought partisan advantage—it has been not put them in a school situation going to get it are not the people who a disappointment, but we make where there is the minimal level of most need it and not the people, gen- progress where we can, remembering safety so they can function in a way erally speaking, who reflect the crisis Edison’s words that discontent is a that does not put them at jeopardy, at of our schools. necessary element in progress. We have risk of life and a whole lot of other I come to the floor perhaps from a had our share of discontent. Senator things that are part of the problems in different place than some of my col- COVERDELL, in the passage of his legis- the public schools of America. We have leagues, because I am prepared to say lation, will at least have a share of a lot of people who are prepared to the public education system of this progress as well. abandon that because of those prob- I yield the floor. country is fundamentally imploding for lems rather than try to fix those prob- The PRESIDING OFFICER. Who a lot of different reasons. There are lems. yields time? wonderful bright spots, so-called blue But you cannot build enough charter Mr. COVERDELL addressed the ribbon schools. We can go out, pin schools, you cannot provide enough Chair. them up and award benefits to ‘‘Teach- vouchers to save a whole generation The PRESIDING OFFICER. The Sen- er of the Year’’ with salutations in from the current crisis of education in ator from Georgia. Washington—and they are marvelous this country for that 90 percent of our Mr. COVERDELL. Mr. President, I teachers, extraordinary teachers, as kids who are in public school. You can- thank my colleague. I appreciate his are the vast majority of teachers in the not do it. And what this bill amounts April 23, 1998 CONGRESSIONAL RECORD — SENATE S3509 to is a Band-Aid, a tiny little Band-Aid vouchers, and we are going to be over Let me give you an example. There on a system that needs triage, a sys- here, and we are going to protect the was one amendment that passed by 63 tem that is basically floundering, but people who do not like the vouchers, votes which provides incentives for part of the reason that it is floundering and, by God, we are going to talk past States to establish and administer is because this is what we do. each other in the most important de- periodic teacher testing and merit pay We come to the U.S. Senate and we bate that this country has faced. That programs. I am for that. I voted do not debate the real problems of how is what we are doing. against it though. Why did I vote you turn this system around. What do This is the single most important against it? Because it takes the money you do in a school that is floundering subject in front of the country, because from teacher training programs for the in the inner city where parents do not we have kids who come to school today very people who are trying to improve, have the options of a private school, in the first grade who do not even have who are in the system today, who have where there is no place to take their the capacity of a first-grade level to to have ongoing efforts in order to voucher, where there is no place for read numbers, to repeat colors, to rec- meet the standards that we want them them to somehow find a place that is a ognize shapes. And that is where the to meet. sanctuary for their children? Do you problem for our teachers begins, with a So why could we not guarantee at abandon that school? whole different set of children. People least that we would protect the current Well, the Senator from Illinois tried who sit there and say, ‘‘Gee, our school structure sufficiently and find the ca- to come in here and say, ‘‘Let’s not system ought to be the way it was with pacity to provide the merit pay and abandon that school. Let’s provide the the little red schoolhouse,’’ are not have the testing? And I think that resources to guarantee that that school willing to acknowledge that we are liv- what has happened generally here is can be fixed up and decent.’’ What did ing in a very different world. the process of robbing Peter to pay we do? The U.S. Senate rejected that. The PRESIDING OFFICER. The time Paul, because we are unwilling to ac- The U.S. Senate is suggesting that it is of the Senator has expired. knowledge the size and complexity of OK to help those people for whom a tax Mr. DORGAN. I yield 4 additional the overall reform effort that is nec- benefit is a benefit, and if you do not minutes to the Senator. essary. get the benefit of the tax benefit, too Mr. KERRY. I thank the Senator. My hope is we will come back to this bad. Sure that is going to save some The PRESIDING OFFICER. The Sen- effort after the President has gone kids. I do not deny that. That is really ator is recognized for an additional 4 through his effort. Or perhaps the con- nice for people who can take advantage minutes. ference committee will totally rewrite of that benefit. But what about all the Mr. KERRY. The problems that our this with a miracle. My hope is we will rest of the people who are stuck in that teachers face today are different from come back and write a bill that will system who do not even have a way of anything that ever existed previously adequately reflect the full measure of filing a tax return and getting a tax in our lives. Kids come to school with reform that is necessary and, most im- credit, don’t know anything about an different baggage. And teachers are ex- portantly, the full measure of commit- IRA, can’t put away enough money to pected to perform a whole set of func- ment to the public school system of have an IRA or who are stuck in a sys- tions which they are not able to per- this country. My friend from New Jersey said this tem, as they are in Washington, DC, or form, which they have not been trained is not a voucher system. Well, it is not. elsewhere, that just does not function? to perform, and in many cases which I am going to be the first person to they are simply not allowed to perform It is not a direct voucher system. But say that we have to talk differently because the political correctness of the you cannot tell me if 52 percent of the benefit goes to people in private about the whole education system. We school system or the political correct- schools and all of a sudden they are have to talk differently on our side of ness of the school boards, and the poli- getting $2,000 instead of $500, that that the fence about the things that we tics of it, deny them the ability to be will increase support for the public have been stuck in the cement on ideo- able to do the things that you can do in school system when they now have in- logically, about things like tenure and some of these other schools. creased dollars in their pocket to send a whole lot of other third rails of I think people who are looking to their kids to more private schools. It is American politics. those other schools, for example, are a backdoor voucher system. It is pro- And we also have to ask our friends right. They are right. You have to look viding a savings account that, in effect, on the other side of the aisle to face around to where education is really has the impact of a voucher system be- the reality that those 90 percent of our happening. You have to look to where cause it strengthens parochial and pri- children who are stuck in those public kids are coming out with higher test vate at the expense of the public school schools desperately need us to help scores, with better values, with a bet- system and diminishes the base of sup- them have schools that function, that ter sense of discipline, with a sense of port, the foundation for that system. do not freeze them out of the classroom order, and with opportunity in their I will vote against it. I hope the Sen- or bake them out of the classroom, to lives. ate will come back to have a real de- give them the opportunity to be able to But why is it that we are incapable bate on education in the future. learn, and that learning is a function of in the Senate of finding the ability to The PRESIDING OFFICER. The Sen- a whole bunch of things. look for the common ground where we ator from Georgia. Every blue ribbon school I visited, could find the best of what happens in Mr. COVERDELL. Mr. President, in a the first thing I have noticed is, boy, parochial schools, the best of what hap- moment I will yield to the Senator do they have a wonderful principal. pens in charter schools, the best of from New Hampshire, but I do want to And almost without exception, that what happens in blue ribbon schools, point out to the Senator from Massa- principal is operating outside of the and make it happen in all of our chusetts that so far, until we hear from normal workings of the system. They schools? Senator GREGG, the Senators who have work to deal with the school commit- We did not try in this debate, in my come to the floor to speak about the tee. They work to deal with the par- judgment, because I think the Senate education savings account in a favor- ents. They work to deal even with the was busy talking past each other, cre- able forum were Senators BYRD, FEIN- union, and teachers can be moved when ating a lot of 30-second advertisements STEIN, LIEBERMAN, CLELAND, and they need to be moved. And, by God, for campaigns and fundamentally set- TORRICELLI—all Democrats. Despite you get a school that works all of a ting up a structure where the kids are the difficulty we have had, this has sudden. once again the victims of our unwill- been a very significant bipartisan de- What we ought to be talking about is ingness to meet these issues. bate—not as partisan as the Senator how we make every public school in We need a lot of fundamental reform characterized. the system fundamentally a charter in our school system, and I will speak We will next hear from the first Sen- school within the system. We could do considerably to that over the course of ator on our side of the aisle in support, that if we really wanted to. We could the next weeks. But I regret that in the No. 1. do that if we were not stuck in this course of this debate good ideas were No. 2, you are right when you say sort of, gee, we are going to fight for left languishing. these statistics are befuddling. But at S3510 CONGRESSIONAL RECORD — SENATE April 23, 1998 the end of the day, over a 10-year pe- Mr. GREGG. I thank the floor leader, Without the Department of Edu- riod over $10 billion gets saved in these and I wish to congratulate the floor cation addressing the issue, which it accounts. Half goes to children who are leader for his excellent work in moving should have addressed, it is probably in public schools and half goes to chil- this bill forward. This is a very impor- going to be appropriate to address the dren in private. The construct of who tant piece of legislation for improving issue in some other form such as this. benefits is identical, to the exact same the quality of education in this coun- We decided not to move forward on people who were defined in the edu- try, and specifically for empowering that because we did not want to com- cation savings account that the Presi- parents to have more of a role in choos- plicate this bill any further than it had dent and we adopted last year. It is ing how their child is educated and already been complicated, and there- identical. It is the same targeted com- being sure their children have the re- fore we—Senator GORTON and myself— munity, same targeted community. sources to obtain the type of education reserved our amendment on that point. The point that neither one of us can which parents want for their kids. It I must say, the special education really settle, I believe it is statistically really is not a radical idea. It is a very community, which I have worked with insignificant, the number of people reasonable idea. So reasonable it is rather aggressively over the years—I —there will be some who will change hard to understand why there would be have been probably their greatest schools because of the savings account. opposition to allowing parents to be champion on a number of issues, spe- I think it is very limited. In other able to save more, to use that savings cifically on getting funding and on words, the reason that half this for the benefit of their children, to edu- working on the last bill—has reacted, I money—they represent a third of the cate their children. So I certainly con- think, overreacted to the proposal. people, but half the money in private, gratulate the Senator from Georgia for They did not see the proposal. They is because those folks are already pay- his excellent work in bringing this leg- simply characterized it and went forth ing the public school system and they islation. to inform their constituency—mis- know they have a higher tuition, so I wanted to speak on a couple of spe- inform their constituency would be they save more. cifics and then generally on the bill. more accurate—as to what it would In that sense it skews 50/50. But it is There was an opportunity which I was have done, which is ironic and inappro- still $5 billion going to public schools going to undertake, along with Senator priate considering the support I have and $5 billion going to help students in GORTON, to offer an amendment to try given that community. private. to clarify some of the issues relative to On the second point, which was the Mr. KERRY. Will the Senator yield? IDEA, especially in the questions deal- number of amendments which we saw Mr. COVERDELL. I yield. ing with the teacher role, in dealing here which were an attempt to basi- Mr. KERRY. That is exactly what I with children who have special edu- cally move dollars from this COVER- said in my comments: 52 percent versus cation needs but turn out to be violent. DELL approach from the A+ plan into 48 percent. That is almost even. But We did pass the IDEA reauthorization special education, a number of amend- when you take that 48 percent and look bill last year, which I worked hard on. ments were brought forth, and specifi- at their income levels, you have the I was proud to participate in it. cally the Dodd amendment, which I largest percentage—— Unfortunately, the Department of wanted to address because I didn’t have Mr. COVERDELL. Those are the Education has not followed the rather a chance in the 15-minute limitation of same income levels as set in the IRA explicit instructions from the Congress time to respond on these points. I have for higher education which has been on how regulations should be issued led this fight in the Senate now for 3 celebrated by both parties and the under this bill. As a result, the ques- years—well, actually since I got here, President. tion of how we deal with the school sit- but I have actually been successful Mr. KERRY. A second point is most uation involving a child who is a phys- over the last 3 years—to try to increase of those people are putting away for ical threat to other children in the funding for special education. The Fed- higher education because they have no classroom and to the teacher has not eral Government made a commitment place to put it in terms of the public been properly addressed. My amend- that it would do 40 percent of the cost school unless they might choose to ment would have addressed that. It was in special education. When I arrived spend it on a computer or something, an amendment which I worked on. Sen- here, having served as Governor, that but there is no proof they will do that. ator GORTON was the prime mover of commitment was not being fulfilled. In There is no proof here as to how people such an amendment earlier last year, fact, the Federal Government was only will be able to spend their money. I although it was the same amendment. doing about 6 percent of the cost of will not get into how you go down that The issue here, of course, is making special education. road. sure that such language, should it be The fact that the Federal Govern- The underlying component of this brought forward, does not allow school ment was failing to do its share of spe- that is so disturbing, after you finish systems to in any arbitrary or capri- cial education costs was having a dis- that analysis, is this, and I think the cious or inappropriate way bar the spe- proportionate and unfair impact on the Senator from Georgia will have to ac- cial-needs child from the classroom. local school systems, and it was espe- knowledge it. You are still leaving that That would be absolutely unacceptable. cially, in my opinion, putting the spe- vast 90 percent out there, most of I headed up a school that dealt with cial-needs child and the parents of the whom in the worst situations are stuck special-needs children, and I under- special-needs child in an untenable po- in situations where this will not im- stand, I think, this issue as well as sition in local school board meetings, prove their lives, their education, their anyone who is addressing it here in where they were being looked at as si- capacity to move forward. That is the this Senate. I am very sensitive to the phoning off resources from other ac- great dilemma that so many of us have importance of making sure that noth- tivities of the school systems. They with this. ing happens which would undermine had every right to those resources, but As I said, I like savings accounts. I the capacity of the child who is main- unfortunately because the Federal want to vote for a savings account. I stream, and who is gaining from that Government wasn’t paying the cost of cannot do it in the structure that has mainstream experience, to receive that that education, those resources had to been put in this bill. That is my regret. experience they have under the law. come from other places. So the Federal Mr. COVERDELL. I would like to There is also a need to address the Government has been totally irrespon- come back to it. I did want to respond fact that in instances of true physical sible in this area of funding special to the Senator. I appreciate the Sen- violence, teachers, principals, other education. ator giving me an opportunity to re- children in the classroom, find them- As a result of my efforts and the ef- spond. selves sometimes put in a position forts of Senator LOTT, first we passed a I now yield up to 15 minutes to the where they have no way of adequately commitment to fully fund special edu- Senator from New Hampshire. dealing with a child who is a physical cation to 40 percent, and we followed The PRESIDING OFFICER. The Sen- threat to them. In fact, there have that up with making the Budget Act ator from New Hampshire is recognized been a lot of instances which reflect make that statement, and followed it to speak for up to 15 minutes. this problem. up by having the first bill put forth by April 23, 1998 CONGRESSIONAL RECORD — SENATE S3511 the Republican Senate being S. 1, a On the bill overall, what we have prove education. We had an amend- commitment to full funding for special here is a choice between the status ment to build more schools, an amend- education. Then we followed all those quo—and I have heard basically almost ment to change the teacher ratios, and words up with hard dollars. Two years an unlimited defense of the status quo an amendment to do after-school plan- ago, we increased the funding of special from those folks who oppose this piece ning. These were all nice ideas, but education by almost $700 million. We of legislation—and people who want to they don’t belong in this body. These followed that up with another almost empower parents to have more of a role are ideas that belong in a school board $700 million—I think it is over $700 mil- in the education of their children. Now, meeting. If these Senators want these lion in the first year. We have dramati- I know that money is a factor in edu- ideas to move forward, they should go cally increased funding in special edu- cation. We all know that. I know that back home to their school board meet- cation, not as far as we need to go, but the building is a factor in education. I ing and suggest it. These are local con- we have done that. The Republicans did know that the number of kids in a trol issues. We should not be taking re- that. We had no support from the ad- classroom is a factor in education. I sources out of the local community, ministration on this initiative and will tell you something. In my experi- sending it to Washington, draining it only marginal support when it came to ence, and I think probably in the expe- off from the one program in Washing- the actual votes on those budgets from rience of anybody who is going to be ton that we are not funding, which is the other side of the aisle on this ini- honest, the single most significant im- special ed, which should be funded, and tiative. pact on a child’s education is the pa- sending it back to the community and So we have a track record of having rental involvement and the parental say that they have to do this or that delivered on this issue. The great irony activity. What this bill does is it brings with those dollars. You have to build a here—another great irony—is that the the parents into the process more ag- building, or you have to cut down your amendments brought forth by the gressively. It gives the parents a new class size, or you have to do an after- other side of the aisle were paper tool to be able to help their children school program with those dollars. amendments meant to paper over, I out as they try to move through this That is a local control issue. That is think, the irresponsibility of this ad- maze of education which we thrust at where it belongs, in the local school ministration and the other side of the them. board. They make those decisions. aisle on the issue of special ed because, Why would we not want to do that? Let’s give the local communities the once again, just a few weeks ago when Well, I can’t think of any reason. This flexibility to have the resources, and we passed the budget in this body, we is a parent-empowering amendment let’s give them the resources to have saw that the administration and the and proposal. The opposition really the flexibility to make decisions as to other side of the aisle were not willing comes from people who seem to think whether they want a new school build- to put their name on the line on the that this threatens the status quo. ing or new art course or a foreign lan- cause of special education and funding That is where the opposition is coming guage course, or whether they want a special education. from. They see this as a threat to some new teacher who teaches some sort of The Republican budget increases spe- structure that presently exists out high-grade technical computer science. cial education by $2.5 billion. I don’t there. That has been the basic underly- The local school board knows best on think any Democrats—or maybe one or ing theme of the opposition. Well, is that. But for us here in Washington to two—only a small number of Demo- the status quo so good? Is it so extraor- basically be taking the resources out of crats voted for that budget. The Presi- dinary and doing such a wonderful job the local community by not fully fund- dent’s budget that was brought forward that it should not be shaken a little ing special education and then telling and voted on in committee increased bit? This is not a big shaking up; it’s the local school board that we are special education funding by a measly just sort of a little vibration. I am not going to send the resources back cov- $35 million—$35 million. That was basi- sure this would appear on the Richter ered with strings and directions, and, cally a nonexistent event that would scale, but it is a significant and good by the way, all of the things the local have probably been used for adminis- step. It is a good step, but it is not a school board traditionally has control trative overhead down at the Depart- dramatic shaking up of the status quo. over, but we decide to take them over ment of Education. That $35 million I can think of some things we should in Washington because we know better probably would never have seen the do to dramatically shake up the status than you do. It is absurd. But it is clas- light of day in any school system. quo, and hopefully we will. But this is sic Washington. I am glad that all of So we made the commitment, and a step in the right direction. It is a par- those items were defeated because they when it came to casting the vote, we ent-empowering step, confronting the should have been defeated. Let’s defeat cast the vote to increase special edu- defenders of the status quo on edu- them and send them back to the local cation funding. Now this cause has cation. school board. been taken up by the Speaker of the I have to tell you, the status quo in Again, I congratulate the Senator House, who talked about this, and the education isn’t cutting it. We know from Georgia. He has brought forward chairman of the House committee on that as a society. Parents know it. a concept and an idea that is going to this issue, and again the majority lead- Businesses that are trying to hire peo- empower the parents to be able to help er is aggressively pursuing it as well as ple coming out of our educational sys- their kids get a better education. I can- myself. We intend to fulfill our obliga- tem know it. Regrettably, the world is not think of any better sentiment or tions for special education funding as a seeing it. We have gotten to a point any better purpose for any bill. I look Congress under Republican leadership. really where, in many instances, in forward to its final passage. So when we saw these amendments many of our most cutting industries I yield the floor. coming at us, we had to almost smile that are producing the jobs in this Mr. COVERDELL. Mr. President, I at the political grandstanding of it be- country, they are having to hire people appreciate very much the remarks of cause that is what they were, just po- from outside of the country because the Senator from New Hampshire. He litical grandstanding. If those folks they don’t have the educational exper- was for a long time a Governor, and he really want to fund special education, tise to do it, or they don’t have enough is someone who understands the issues we are going to give them the chance educational expertise in this country. very adroitly. I appreciate very much to do that. We are going to be bringing So the status quo is not working. We the comments he came to the floor to bills out here that do that. I wish they need to take some new, original ap- make this evening. had been there on the budget amend- proaches. Clearly, the proposal before I conferred with the other side. Sen- ment. Please take those votes and us, the A+ accounts, is an attempt to ator GORTON has another calendar those amendments for what they were, empower parents to do something, to event that he needs to attend to. So we which was trying to paper over their give parents an opportunity to do will turn to the Senator for up to 10 own lack of effort in this area in the something to help their kids get a bet- minutes. face of what was a hard action on our ter education. What an appropriate The PRESIDING OFFICER (Mr. BEN- part of delivering hard dollars out to purpose that is. NETT). The Senator from Washington. the school systems for assistance to We had a whole series of amendments Mr. GORTON. Mr. President, I am special education. and other ideas on how we should im- given to understand from the debate on S3512 CONGRESSIONAL RECORD — SENATE April 23, 1998 the floor this afternoon that I have It is my preference, and was the only their teachers, their principals, their made many new friends along with the option a year ago when I first proposed school board members, and a degree of Senator from Georgia. Senators on the it and this amendment was agreed to, competence and knowledge about what other side of the aisle who were totally that each of the 14,000 school districts those communities and schools need, unable to find a good word for his bill in the United States can make those this amendment offers a new chance over the course of the last month or choices for themselves. It may be that and a real experiment. It isn’t perma- two have suddenly said how des- the Wenatchee school district, or any nent. Can I say that there is no ques- perately they wish to vote for his bill if other, will feel that the precise re- tion but that it will be a better sys- it were not for the Gorton amendment quirements and the exact amount of tem? Of course not. I think it will be. having been added to it. money in the Safe and Drug-Free I am sure we will learn when there are Mr. President, the Gorton bill basi- Schools Act is what the Wenatchee States that accept each of these three cally takes $10 billion a year of Federal school district ought to spend on that alternatives. money for our public schools, of which subject. But if it were allowed to make But to say that it is some kind of dis- about $2 billion is used by bureaucrats those choices, that school district aster, to say that without this guid- today, and says that we prefer class- might decide that it wanted to spend ance, without these requirements from rooms to bureaucrats. We would like to more money on that subject from the the Department of Education in Wash- allow each State, if it wished to do so, Federal Government, and perhaps in a ington, DC, without our wisdom, 100 to say that the whole $10 billion went slightly different way than the set of Members of this body, with all we into our schools rather than to have Federal regulations set out for every know about schools, that we will roughly $2 billion of it siphoned off by school district in the country, and it irretrievably damage the educational Federal and State bureaucrats. might, if it is very fortunate, decide fabric of this country is simply wrong. I suppose it is perfectly appropriate that it could get by with less and put I regret having deprived my friend and for Members of this body to believe that without those bureaucrats in more of that money into teaching colleague from Georgia of so many Washington, DC, and in our State cap- English, or mathematics, or computer friends and so many supporters. I itals, all of that money would be wast- sciences. strongly support his bill, as he does Mr. President, I suppose one can say ed; that our school board members, our mine. that to allow that kind of discretion superintendents, our principals, our But it does seem to me that there teachers, and our parents, don’t know would be disastrous to our schools; ought to be enough tolerance in this what they are doing and that we must that there is no way that it is appro- body, enough faith in the American set national priorities for them and tell priate for us to trust those local school system that we are willing for a period them there are certain things they board members wisely to spend the of time to let some States in this coun- must spend the money—that we have money collected here in Washington, try try to operate under State-man- collected from them and returned to DC, and send it back for school pur- dated rules and others to let school dis- them—on. poses. But I believe that if there is to tricts make their own decisions. The That, however, has not been the ar- be an argument against that, it ought amendment that a small majority of gument against the Gorton amendment to be on the basis of what the amend- this body passed yesterday does just so far. More than one Member this ment says and not the statements of exactly that, nothing less and nothing afternoon opposing it talked about how those who have not read it. more. it damaged disabled children. It doesn’t To repeat. It does essentially two Mr. DORGAN. Mr. President, let me include the aid for disabled children. It things. It takes this $10 billion and take just a couple of minutes. I under- is not affected by it at all. It is totally says each State may continue the stand that the Senator from Georgia irrelevant to that subject. Others have present system, may have a State- will be yielding time to the Senator said how it destroys the fight against based system or may have a local-based from Florida. But before he does that, drugs in our public schools, or for safe- system for a period of 5 years, at the let me take a couple of minutes to re- ty, or for mathematics education, and end of which time, I think, perhaps we spond to some of what I have heard. the like. might know a little bit more about There have been interesting discus- Mr. President, it may very well be what works best. sions on the floor of the Senate about that, for example, the principal debater It does something else. It says that this legislation, and it is clear that dif- against this, the senior Senator from this bill stays in effect only as long as ferent Senators see this issue from a Massachusetts, knows more about Congress keeps, modestly at least, in- different perspective. Many people what the Boston schools need than creasing the amount of money it puts come to the floor to talk about public does the Boston school committee, but into our schools. I would have thought education. Well, our proud tradition of I am reasonably confident that he does many on the other side of the aisle public education began in this country not know more about what the would have liked that effective guaran- in 1647. The Colonists in Massachusetts Wenatchee, WA, school district needs tee, a real incentive for us to do our job first developed tax-supported public than do the teachers and parents and for education. Evidently, however, schools, and we have had from that school board members in Wenatchee, there is in this body a view not widely time on in this country an understand- WA. shared in the United States, a view ing about the desire and obligation to That amendment takes about one- that the present system is so close to create a network of taxpayer-financed third of the money, $10 billion out of perfect that we do not dare experiment public schools in this country. $30 billion a year that goes to the De- with it; that we are doing so well with I defy anyone to come to the floor of partment of Education here in Wash- our Federal policies, that we are so the Senate and show me a country any- ington, DC, for common school edu- successful that we should not experi- where in the world that is as successful cation, and it says that States, like ment with them at all. For those who as this country has been, that has pro- that system of Federal regulation and believe that bureaucrats are more im- duced as many scientists and engi- the narrow Federal categorical aid pro- portant than classrooms, or at the very neers, as many mathematicians, as gram, are perfectly free to retain it least that bureaucrats here in Wash- many well educated men and women without change, but that those States ington, DC, should run our classrooms, coming from our public school system. that think that either their States or and that they should retain literally In fact, even today, do you know a their local school districts might pos- billions of dollars that could otherwise country out there that you would like sibly do better without those Federal be spent in the classroom, opposition to trade places with, a country with a regulations and with more money will to the amendment was appropriate and better economy than ours? have that option for a 5-year period. taken well. Oh, you can point to some areas The State can adopt the policy under But for those who believe that there where you might say, gee, this country which it is the State educational agen- is not only great concern, perhaps the has a better education system than cy that makes the determination as to greatest concern, for children in a ours. Many countries take only its top how this money can be used, or the given part of the United States on the students and run them up the ladder States can opt. part of those children’s parents and and say to one group of students, you April 23, 1998 CONGRESSIONAL RECORD — SENATE S3513 are more appropriately going into an- modernizing the school buildings so that have been enormously successful. other area, and to the best group, we that the wiring will allow kids to ac- For example, with title I we have pro- say we are going to direct you toward cess the Internet, those priorities vided specific investments and oppor- higher education. And we are going to somehow don’t matter; they appar- tunities for the very lowest income compare that group to the American ently represent some ranking of need kids in this country. Those invest- students, the students that have uni- well down below the tax issue. ments would not have been made and versal opportunity. What a great tradi- We are told, if we talk about the des- could not have been made by the local tion we have of affording every young perate repair and construction needs, school districts. They are very impor- boy and girl in every school entering that what we are talking about is deci- tant, and I am enormously proud of every classroom door the opportunity sions that ought to be made by the what we have done in this and other to be the best they can be because our local school board. In this case, the areas. public education system gives them local school board doesn’t have any Do I believe we should take those that opportunity. money. They have no tax base with programs apart and block grant them? It is interesting to me that there is a which to issue bonds to repair this Absolutely not. Why take a giant step kind of ‘‘blame America first’’ notion school. And there are plenty of other backwards? The defenders of the legis- that somehow nothing works here. schools like it. To the second grader lation before us are the folks who come Again, tell me, with what country that I mentioned earlier this week, lit- here and say, ‘‘Well, gee, we should not would you change places? I have two tle Rosie Two Bears at that Cannon worry about that. We are a U.S. Sen- children in public schools. They are Ball school, who says, ‘‘Mr. Senator, ate. This is not a national issue.’’ wonderful public schools. Both have will you buy me a new school,’’ I say, If education and achievement and wonderful teachers. I am enormously ‘‘Well, we are talking about that in competitiveness in the international proud of what they are doing. They are Washington, DC.’’ arena is not a national issue—I am not doing harder work in those public Can we provide some help perhaps to talking about running the local schools in both grades than I did— that school district to deal with school schools; that is a local issue—then I do much, much harder work than I did construction, to give those kids some not know what is a national issue. when I was in school. help? It seems to me the people who So, I say to my friends who come I also read to a young boy in the Ev- are defending the current legislation here to speak in defense of the current erybody Wins Program. Yesterday, my are saying that issue doesn’t matter to bill, Rosie Two Bears was in school power lunch for an hour was reading us, that ought to matter to somebody today in a school that in most cases with a young third grader in a school else. Crowded classrooms, too few none of you in this room would send here in Washington, DC. And I under- teachers, crumbling schools, those your children to. That school is not stand the challenges of different issues don’t matter to us; they belong going to get fixed with any help from schools. Some have more resources in some other debate. us, despite the fact that President Clin- than others. I understand that not all In fact, the amendment that was of- ton called for it in his State of the is right with our education system. We fered by Senator GORTON, who just Union Address. I support this effort, have plenty of challenges, some exter- spoke, is an amendment that says let and I think a number of others in this nal and some internal, in our education us take a substantial amount of money Chamber support some initiative to system. in the Department of Education and provide incentives to those school dis- A week ago yesterday I was in the block grant it. That is a seed that tricts that don’t have the opportunity school in Cannon Ball, ND, on the comes from the same garden planted by and don’t have the resources, ‘‘We are Standing Rock Indian Reservation—in those who want to abolish the Depart- going to help you a bit,’’ because we a public school in a public school dis- ment of Education. In fact, abolishing believe that any kid who walks trict with a very poor tax base. This is the Department of Education is a part through any classroom anywhere in a school with 145 students and 40 teach- of the 1996 Republican national plat- this country ought to have the expec- ers and staff—180 people in a school, form. They want to eliminate a na- tation that they are going into a room part of which is 90 years old and has tional role in education, but they don’t that they can be proud of, a room in been condemned as a fire hazard. 180 want to say that publicly. They don’t which learning will take place, a room people using 2 bathrooms and 1 water want to offer it publicly on the floor of in which education will prosper, a room fountain; second graders, third graders, the Senate, so they do something in which young minds will blossom. fourth graders, fifth graders in a choir slightly different called a block grant. That is not the case today in some room that is about 12 foot by 12 foot, And I say to them, if you want to do areas, and we know it. that they can only use occasionally be- that, why be a tax collector? Why col- I have great respect, incidentally—I cause the stench of the sewer gas seeps lect the taxes, run it through Washing- have said this on a couple of occa- into the classroom and drives them ton and send it back in a block grant. sions—for the Senator from Georgia. into another classroom. The other That’s like passing an ice cube around; He has handled himself with great skill classrooms are only 8 foot by 12 foot in all you do is get a smaller cube every in this debate, and I have great respect many cases, and the children sit in time you pass it. If you decide that safe for him. However, we differ with re- desks only a half inch apart with their and drug-free schools is not a program spect to the priority of needs. That’s desks touching because there is not of national interest and national im- the only place we differ. I see our prior- enough room in that school and in portance and you want to tell the ities as very different than he does. I those classrooms. And too many stu- States this is not something that rep- would like very much for us, if we have dents they simply put in an open area, resents a national interest, it is fine if $1.6 billion, to debate about what we do and one teacher will teach two classes 5 schools or 5 States want to do it, and with the $1.6 billion. Let us consider at the same time by spending 15 min- if 45 States want to do it, that’s OK, the range of needs that represent what utes talking to one group and then 15 too; we will send you all the money for we think are the national needs in edu- minutes talking to another group of it, and you do whatever you want. If we cation and then start at the top, pick students, in the same room, and by decide there is not a national interest No. 1, No. 2, or No. 3, and identify what going back and forth all day long. in having safe and drug-free schools or we can do. The question I ask is, Who defends title I or, for that matter, a half dozen We don’t do that. We bring this bill this underlying bill where we say here other programs, then why would we to the floor and we say, no, we are not is the priority of need in education? It collect the tax money for it and send it going to deal with the top priority is a tax subsidy. The majority of the back? Why not say to the local dis- needs. We are going to establish tax money from the subsidy will go to the tricts, you collect the taxes and you subsidized accounts, 52 percent of the parents of fewer than 10 percent of the decide how to spend it. That is the way benefits of which will go to parents children in this country who attend the system ought to work. who have fewer than 10 percent of the private schools. That is the priority of We don’t run the local school boards kids in schools and say that is what need identified in this bill. And the and we should not. We have done some represents our priority of need. I just question of school construction and targeted financing in certain areas say to you I think this shortchanges a S3514 CONGRESSIONAL RECORD — SENATE April 23, 1998 lot of children in schools in this coun- tinguished Governor of North Carolina, relevant, that we can treat all Federal try. I regret that we have been pre- from 1961 to 1965. During that period, education funds as if they are fungible, vented from having the kind of debate he formed an alliance with the then- that they can serve any purpose that a we should have had on these issues. president of Harvard, who had written State determines, that there is no Thirty minutes of debate on our extensively on the needs of education longer an appropriate, focused Federal side—30 minutes on this question of in America in the postwar period. role in these areas such as access to school construction as a national prior- Then-Governor Sanford took the lead- higher education and at-risk children. ity—because that is what we were told ership in establishing an organization We have adopted not just in one place was allowed to us under the time called the Education Commission of but in several places amendments, lan- agreement for an issue of significant the States. The purpose of the Edu- guage that says essentially, notwith- national importance. This was not the cation Commission of the States was to standing any other law or provision, kind of free and open and aggressive assist in the national debate to ration- that any Federal education funds can debate that we ought to have had on alize what should be the role of the be used for the specific object that the the range of priorities of needs that Federal Government and the individual authors of that amendment thought exist in education in this country States in meeting the educational were appropriate. today. It didn’t happen this time. needs of American youth. I do not believe that is tolerable edu- Maybe it will happen in the future. I It was agreed by the founders of the cation policy. It is not policy. It is the think the Senator from Georgia will Education Commission of the States, denial of a rational policy to direct win this vote and lose the battle. Be- under the leadership of Governor San- Federal educational actions and re- cause this bill will be vetoed. But then ford, that the primary responsibility sources. perhaps we will be able to debate the for education in America is and should For that reason, I am going to vote entire range of needs and try to deter- be at the local and State level. But it for this bill, but I will announce at this mine from that debate what kind of was also recognized that there were im- point that if this bill should come back priorities we can achieve from each portant national goals of education from the conference committee con- side. which justified a Federal participation. taining these what I consider to be I am not somebody who believes only What were some of those national troublesome provisions, I will have to one side has wisdom. I think, instead of roles? One, which was particularly vote against the conference report. I getting the worst of what each side has searing at the time of Governor San- believe there is a sufficient amount of to offer in this Chamber, both can ford, was the issue of civil rights; that good in this bill that it is not appro- offer. The only way to do that is to the National Government had a respon- priate at this stage to pronounce its have a real debate, not a debate based sibility of assuring that all children death; that, rather, we should try, with on very narrow one-sided rules, but a had their full, legal civil and human the opportunities that will be available debate in which we guarantee everyone rights protected within the education to us in the next few weeks and with in this Chamber can bring up the best setting; that education should be an the confidence that I have in a person ideas and we can have a real competi- opportunity available to all American such as Senator COVERDELL—that we tion of ideas on the floor of the Senate. youth. The Education Commission of will be able to keep what is construc- I yield the floor. the States recognized that the Federal tive and what is consistent with our The PRESIDING OFFICER. The Sen- Government had a particular role in tradition, keep those things that Sen- ator from Georgia. higher education, specifically in assur- ator Sanford would be pleased to have Mr. COVERDELL. Mr. President, I ing access to higher education for all as part of his legacy of educational pol- would like to respond to my good American children. icy for America, and discard those that friend from North Dakota but, in def- We had just come through the period are not constructive and not consistent erence to time—there will be other of the GI bill, at the end of World War with our traditions. chances to do it—I am going to yield 15 II, and we were learning, as a Nation, Let me focus on those areas in which minutes to the distinguished Senator the benefits that we had secured by the I believe there is substantial good em- from Florida. I might add, I think, as I fact that millions of Americans who bedded for our education and consist- listened to the Senator’s remarks—he previously had no chance at higher ent with our tradition. dwelled on construction. There is a key education suddenly were given that op- The fundamental thrust of this legis- component of school construction in portunity and that that opportunity lation is to increase the access to high- the underlying bill and its author is should not be limited to that one gen- er education. While much has been the Senator from Florida. So it is op- eration who fought and won World War made of the amendment that bears the portune that he would be here at this II, but should be a permanent part of specific name of the Senator from moment. our national commitment to its own Georgia as to its role in elementary The Senator from Florida. future. And a third important area was and secondary education, if anyone The PRESIDING OFFICER. The Sen- at-risk children, children who did not looks at the actual numbers and how ator from Florida. come into this world with the benefits this will play out in the planning of the Mr. GRAHAM. Mr. President, first to and opportunities to be fully competi- American family, the reality is that my good friend from Georgia and to my tive and were going to require addi- the program is going to have its prin- good friend from North Dakota, I wish tional assistance because of their cir- cipal utility in preparing a family to to express my commendation for the cumstances which were beyond their meet those enormous costs that are as- quality of debate that is taking place control. sociated with higher education, and, this evening and that has taken place Those have traditionally been some thus, its principal contribution is going throughout the period of consideration of the priority areas that have defined to be in making it possible for families of this legislation. This is, as we will what should be Federal policy for edu- to save and plan and prepare for the all agree, important business that we cation. I believe that as they were in cost of college and university. And that are about. I believe that we all start the early 1960s, they continue in the is a good thing. We are going to spend from a desire to see that the young late 1990s as important principles to de- approximately $1.7 billion to accom- people of our Nation have the best pos- termine what should be the Federal plish that. sible educational opportunities. We role in education. But that is not the only area in may differ on the details of how we For that reason, I am pleased with which we are going to encourage access think we can achieve that objective, much of what is in this legislation, but to higher education. There is another but we should respect our individual concerned about other important pro- provision in this bill which was spon- desires to achieve that goal. visions. I am concerned, for instance, sored by the senior Senator from New It is ironic that we are having this about a theme that is running through York, Senator MOYNIHAN, which hap- debate on this week as we mourn the several of the amendments that we pens to have a cost over the same time death of our former colleague, Senator have adopted, which essentially says period of approximately $2 billion, Terry Sanford. Senator Sanford, in the that this thoughtful construction of a more than the cost of Senator COVER- earlier part of his career, was the dis- Federal role in education is no longer DELL’s provision. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3515 What will that provide? That will ex- The provision that is in this bill, and rural school districts. And that is a tend the current provision in the law which happens to have approximately provision that builds upon action that says an employer can provide the same cost to the Federal Treasury taken a year ago in which we allow a higher education tuition to one of its of $1.7 billion as the underlying provi- school district that issues no more employees so that that employee can sion of the Senator from Georgia, will than $10 million per year in tax-exempt increase his or her skills and wisdom say that when the funds are transferred bonds to keep the difference between and contribution both to the company at the time of commencement of col- the interest that is earned as a lender and to his or her own goals, and that lege education from the State higher of the funds prior to paying construc- that employee will not have to take education tuition trust fund to the in- tion vendors and the interest which it into the employee’s income the value dividual university to which the stu- pays to the bondholders. of that tuition provided by the em- dent is now going to be enrolled, that As an example, a typical school dis- ployer. that transaction will also be non- trict might issue a bond issue and pay That is clearly a provision aimed at taxable. So the family can be assured 6.5 percent interest to bondholders who making more certain, more stable, our that every dollar that it invests, every do not have to pay tax on this interest concept of access to higher education dollar that is accumulated in the fund received. For the period of time before through cooperation between employ- during the period that the child is ma- it actually begins to spend that money ers and employees. turing to college age, will be used for to construct a school, it may be able to There is another provision which I that child’s education. loan that money for 8.5 percent. This have been active in advocating, and I believe that with the adoption of would allow the school district to keep that relates to State programs through this provision, we will find many more that 2 percent differential, which is re- which families can purchase contracts States that will establish a State plan ferred to as arbitrage. to pay the tuition and, in the case of and many more families than the over This proposal will make this arbi- many States, the room and board for 700,000 who are currently participating trage rebate exemption available to their child or grandchild or nephew or will participate in this means of pre- districts issuing up to $15 million in niece in advance of the time that that paring for their child’s higher edu- bonds, rather than the current $10 mil- child is ready to enter college or uni- cation. lion. This will be particularly valuable versity. At the end of the day with this legis- to those small school districts who These plans, which now are in place lation, we will have Senator COVER- only occasionally are in the business of in 21 States and will add another 13 DELL’s bill which will provide one building that elementary school that States before the end of 1998, vary but means through an educational savings they may only construct once every 50 have some similar elements. Those ele- account to prepare for higher edu- years in order to meet their needs. ments generally include the ability to cation, we will have Senator MOY- Another important provision which I purchase at a point in time the tuition NIHAN’s provision that will provide for think will be, if adopted, the beginning for a child prior to the time that child the adult who is studying through the of a new and creative approach to pub- is ready for college and, thus, lock in financial assistance of his or her em- lic education construction assistance the tuition at its current level. Thus, ployer, and we will have State-based from the Federal level is called the pri- the family is able to avoid tuition in- plans fully tax free providing another vate activity bonds. Private activity flation, which has been running sub- vehicle by which Americans, youth and bonds are bonds issued by a public stantially higher than inflation in the adult, can see that they will have the general economy and higher than in- agency on behalf of a private concern creases in family income. resources to meet their goal of higher in order to serve a public purpose. It also provides an effective means by education. These bonds today are primarily used which families can plan and save for That is a good thing. That is consist- in areas such as airports, seaports, that large cost. It also fundamentally ent with the role of the Federal Gov- mass transit facilities, water and sewer changes the nature of the question that ernment which we have established at facilities, solid waste disposal facili- a child will ask as they are growing to- least since the GI bill in World War II ties, housing for low-income and af- wards college years. They no longer and the definition of the Federal role fordable housing. Those are the kinds will have to ask the question, ‘‘Will I in education as established by then of areas in which this type of financing be able to afford to go to college?’’ In- Governor Terry Sanford. is currently available. stead, they will ask the questions ‘‘Will Another issue which is a very serious By the adoption of a provision which I be prepared to go to college? Will I one, for which Senator DORGAN has just is in this bill, we will make this avail- work hard enough? Will I make ade- made an excellent plea, is the issue of able for the first time to public quate grades? Will I be able to distin- school construction. This is a national schools. The irony is that under provi- guish myself so that I will be admitted crisis. The General Accounting Office sions that are already in effect, private to the college for which I have already completed a study a couple of years schools, both at the higher education made financial preparations?’’ ago which indicated the cost of bring- level and at the primary and secondary I think that will be a very important ing existing schools up to appropriate level, are benefiting by private activity step toward increasing the level of mo- educational standards was in the range bonds. This creates parity by allowing tivation and quality of learning. of $110 billion to $120 billion. There is public schools for the first time to par- There has been a cloud over these not a comparable figure as to what is ticipate directly in private activity plans, the plans that Senator LANDRIEU the cost of building new schools to bonds. sponsored when she was the Treasurer meet the demands of a growing student Some examples of how this might of the State of Louisiana, the plans population and to keep class size at work—let me give an example that is which many Members of this Senate reasonable levels, but the best estimate currently in a stage of finalization in have been involved with in their indi- is that it is at least the equal of that Orange County, Orlando, FL, which is vidual States, and that cloud was that cost of rehabilitation. the home of one of the most rapidly ex- the Internal Revenue Service has said I believe that this is an area in which panding school populations in the these plans are taxable and, therefore, the Federal Government has a role and country. sent a chilling signal to States consid- needs to play a more effective partner- I ask if I could have 3 more minutes ering the establishment of the plan and ship with the States. We are already to close. individual families’ participation. doing a significant amount to assist Mr. COVERDELL. I yield 3 more In the last two years, in what I think the States. We are providing that minutes to the Senator from Florida. were very wise decisions, this Congress States have access to tax-free financ- The PRESIDING OFFICER (Mr. SES- eliminated the taxability of the plans ing when those financings are done di- SIONS). The Senator from Florida. on an annual basis. That is, as the in- rectly to a public agency for purposes Mr. GRAHAM. I thank the Senator. terest accrued in the account for a par- of public education. In the Orange County school district ticular child, that accumulation would In this bill we have a provision which a proposal that is close to becoming a no longer be subject to Federal income may be arcane but which will be sig- reality involves the school district taxation. nificant, particularly to many small working with the private developer S3516 CONGRESSIONAL RECORD — SENATE April 23, 1998 who will build a public school which to all private college prepaid tuition provide a level playing field for private will be co-located with a YMCA facil- plans the same tax treatment that pub- universities and colleges. Is this a cor- ity. The school district would make lic college prepaid plans receive. rect characterization of the Senator payments on the building at 2 percent Currently, 16 states, including my from Georgia’s intention to do so? interest for 5 years. At the end of that home state of Alabama and the distin- Mr. COVERDELL. I would say to my 5-year period the school district will guished Senator’s state of Georgia, good friend from Alabama, that he is receive the building and lease out have established prepaid tuition plans correct. I am committed to fight for space to the YMCA, a creative example that allow resident families to lock in the adoption of this provision in con- of financing co-location, being able to today’s tuition rates for tomorrow’s ference. use the school as a means of meeting a education. Income taxes on the accrued Mr. SESSIONS. Mr. President, I variety of the needs of the children of interest in these accounts are deferred would like to thank my colleague for that community. This use of private until the account is cashed in to pay his strong support on this issue and I activity bonds will accelerate the cre- for college and these taxes are paid at look forward to working with him ativity and innovation of school dis- the student’s tax rate, which is typi- through conference and in support of tricts, particularly those that are fac- cally lower than that of their parents. this bill once it returns to the Floor. ing crushing demands by escalating Mr. President, as valuable as these SAME-GENDER EDUCATION AMENDMENT student population. This provision in plans are, however, there are draw- Mrs. HUTCHISON. I ask unanimous the legislation before us has a cost of backs. Specifically, the plans typically consent to engage my colleague, Sen- approximately $400 million. If I had a cover only in-state public universities. ator TORRICELLI, in a colloquy with re- criticism, I would say both of these Therefore, if a student decides to at- gard to my recently-passed same-gen- provisions, the one for the small and tend an out-of-state school or even an der education amendment to the Cover- the rural schools and that for the fast- in-state private school, then the sav- dell-Torricelli A+ bill. The PRESIDING OFFICER. Without growing schools, are inadequate to the ings accrued in the prepaid plan are less valuable because states typically objection, so ordered. challenge. But in the one case it is Mrs. HUTCHISON. Thank you, Mr. redeem only the principal and some building on progress that we made last President. I want to thank Senator nominal interest to account for infla- year, on the other it is starting a new TORRICELLI and my other colleagues tion. departure which I think will have tre- who voted in favor of this important Mr. President, as my good friend mendous long-term benefit. amendment yesterday. I think the Sen- from Georgia would agree, this places So it is for provisions like those that ate’s strong 69 to 29 vote in favor of private schools at a distinct disadvan- I will vote for this legislation. It is my this amendment sent a strong signal tage vis-a-vis their public counter- hope, as I indicated, that with the good that same-gender education should be parts. will and effort of people like Senator made available as an option to parents Mr. COVERDELL. Yes, the Senator COVERDELL, and Members of my side of and their children enrolled in public from Alabama is correct. Under cur- the aisle, that in conference we can schools. I understand, however, that rent law, private colleges are at a dis- take the ideas that are consistent with you have additional questions about tinct disadvantage to their public our tradition of a Federal role in edu- the amendment and the issue of same- counterparts. cation, build upon them, shape them, gender education. and bring them to the point that they Mr. SESSIONS. I appreciate the Sen- Mr. TORRICELLI. I thank Senator ator’s comments. I would like to ask can serve important, constructive pur- HUTCHISON, thank for setting aside this poses for the youth of America; with the Senator from Georgia further, to time today, and for her leadership on those ideas which may have been intro- clarify for me, that under this legisla- this issue in the Senate. I certainly duced, I would say, more for theater tion, H.R. 2646, the A+ Education Sav- share your support for making same- than for serious public policy, they can ings Account Bill, is there no provision gender education available to more be discharged and will not cause the in the bill to place private college pre- parents and their children. The bene- good ideas to be placed in jeopardy. paid tuition plans on equal ground with fits of same-gender education have I want this legislation to become law. public prepaid tuition plans? been demonstrated in the context of I want to see the benefits in terms of Mr. COVERDELL. The Senator from private and parochial schools, and the access to higher education, school con- Alabama is correct. Under this bill, evidence is strong that these same ben- struction, and the other valuable provi- HR. 2646, the A+ Education Savings Ac- efits await public education, if the sions which are included in this bill to count Bill, there is currently no provi- legal uncertainty surrounding this be made available to the children and sion that would provide the same type issue were lifted. communities of America. Therefore, I of tax treatment for parents and stu- That is why I was pleased to support will vote for this legislation. And I dents to use for private college and your amendment—to allow schools to wish it well as it moves on to the next university state pre-paid tuition pro- move forward with same-gender pro- stages of its journey. grams. grams, if they deem appropriate, and Thank you, Mr. President. Mr. President, I have met with the not with the fear that by doing so they The PRESIDING OFFICER. Who Heritage Foundation, and informed risk losing federal financial support. yields time? them that it is my intention to work to Nevertheless, during the debate on Mr. COVERDELL. Mr. President, I include private colleges and univer- your amendment, concern was raised want to acknowledge that the work of sities into this bill in Conference so as to the legal status and impact of the Senator from Florida has been im- they will be eligible for parents and your amendment, and some claimed mense. All of the provisions that deal students who choose to attend these your amendment allowing same-gender with school construction in the under- private universities and colleges by education funding could lead to dis- lying bill have been basically the gen- using state pre-paid tuition programs. crimination against one sex or the esis of the Senator from Florida. He Mr. SESSIONS. I would just like to other. Could you please elaborate as to has been consistent and persistent, and convey to my good friend from Geor- why you believe that your amendment I want to compliment that work here gia, that I was prepared to offer an complies with both Title IX of the 1964 this evening while he is here. amendment to his bill that would rem- Civil Rights Act and the Equal Protec- I yield the floor. edy this inequity, by providing private tion Clause of the 14th Amendment? STATE PREPAID TUITION PROGRAMS schools the same fair and equitable Mrs. HUTCHISON. I thank Senator Mr. SESSIONS. Mr. President. treatment as is currently provided to TORRICELLI very much for his state- The PRESIDING OFFICER. The Sen- public institutions of higher learning. ment and for his very important ques- ator from Alabama is recognized. However, it is my understanding that tion. States, school districts, and indi- Mr. SESSIONS. Thank you, Mr. the Senator from Georgia plans to vidual public schools all over the coun- President. work with the Senate Finance Commit- try have either tried to implement Mr. President, I would like to engage tee Chairman, Senator ROTH, and our same-gender programs and have been the distinguished Senator from Georgia other colleagues during the conference forced to end them, or have been dis- in a brief colloquy to discuss extending on this bill to fix this disparity and suaded from even trying by the threat April 23, 1998 CONGRESSIONAL RECORD — SENATE S3517 of lawsuit or termination of federal to same-gender public schools; it does lenge to an all-girls academy in Phila- funds by the Department of Education. not go on to say that this exemption delphia. In that case, the Supreme The fundamental purpose and intent only applies if a school meets either a Court upheld a Third Circuit ruling of my amendment, then, is to make it comparability or an ‘‘equalness’’ stand- that this single-gender public school clear to these schools that it is the will ard. So ensuring that same-sex schools did not violate Title IX or the 14th of Congress that they be allowed to in- afford comparable opportunities for Amendment Equal Protection Clause. stitute voluntary same-gender pro- both sexes, as my amendment does, in The court in that case explicitly held grams if they believe it will help fur- fact strengthens the existing protec- that there are legitimate differences ther their important mission of educat- tions of Title IX against gender dis- between boys and girls that can justify ing students of both sexes. In no way, crimination in schools. separate educational programs in order however, could this amendment pos- With regard to same-gender class- to provide the best education possible. sibly allow discrimination against ei- rooms within co-ed public schools, the I appreciated the questions that were ther girls or boys. Department of Education requires that raised about this amendment, and I As you know, the text of my amend- there be a sufficient showing that a sincerely wish to engage them to see ment is straight forward. It simply single-sex class is necessary to over- how we might best address their con- adds same-gender schools and class- come past discrimination against one cerns. I hope our discussion here today rooms as one of the allowable uses for sex. But this purely agency-created re- has been helpful in clarifying some of federal funds under Title VI of the Ele- quirement is nowhere to be found in these questions, and I would certainly mentary and Secondary Education Act. the language of Title IX, and is in fact be happy to answer any additional As you also know, Title VI is a very contrary to the language and intent of questions you or other individuals may flexible block-grant program that can the statue. It seems clear that Con- have. be used for virtually any education re- gress would not allow same-gender The one point I do not wish to get form effort a school district wishes to schools but prohibit same-gender class- lost in this discussion, however, is that try, arguably including same-gender rooms, absent some onerous and am- you and I and the other supporters of programs. But in order to receive Title biguous showing of past discrimina- this amendment simply wish to protect VI funds for a same-gender school or tion. This defies logic and the legisla- single-gender education as an option. If classroom, the amendment requires tive history of Title IX. So, at least someone is opposed on principle to sin- that school district offer, quote ‘‘com- with regard to the use of the education gle-gender education, that’s fine. They parable educational opportunities for reform funds identified in my amend- can keep their children in a co-ed envi- students of both sexes.’’ This require- ment, I would seek to reverse this un- ronment and even oppose single-gender ment is completely consistent with the necessary and overly burdensome de- education when their local school requirements of both Title IX and the partment-imposed requirement. board brings it up. But the decision Equal Protection Clause. In fact, it was our colleague, Senator will be made at the local and individ- Mr. TORRICELLI. What is the opin- COLLINS, who pointed out how burden- ual level. Parents and their children ion of the Senator from Texas on how some this requirement really is. She and administers serving the commu- Title IX and the Equal Protection recounted how she had visited an all- nity will choose, and that is what this Clause impact same-gender education? girls math class in Presque Isle, Maine. effort is all about. Mrs. HUTCHINSON. Title IX of the Despite the tremendous results she de- Mr. TORRICELLI. I thank the Sen- 1964 Civil Rights Act prohibits sex- scribed in terms of watching girls real- ator again for taking the time to clar- based discrimination by any school re- ly excel at mathematics, the school ify some of these points on her amend- ceiving federal funds. However, by ex- was forced to undergo a host of, as she ment. I look forward to continuing to plicit omission, Title IX does not apply described them ‘‘regulatory hoops’’ in working with you to provide families to admissions at same-gender public order to be allowed by the Department with greater educational opportunities. schools. This is confirmed by Depart- of Education to continue to foster this Mrs. HUTCHISON. Thank you, and I ment of Education regulations that success among girls in math. This is yield the floor. allow public, same-gender schools, as both unnecessary and unwise if we Mr. CHAFEE. Mr. President, this long as comparable courses and facili- truly want to encourage achievement. week the Senate has been debating a ties are offered to both sexes. That Mr. TORRICELLI. I also noted dur- proposal that would enable families to word, ‘‘comparable,’’ is the precise ing the debate that someone cited the invest in tax exempt savings accounts. word used by the Department in their recent Supreme Court case involving The funds from these savings accounts own regulations. They do not say the Virginia Military Institute in could be used for educational expenses ‘‘equal’’—they say ‘‘comparable.’’ My claiming that your amendment did not from kindergarten through college, in- guess as to why they chose not to use meet the standard for equal protection cluding the cost of tuition at private the word equal is they came to the of the laws of the 14th Amendment to and religious schools. same conclusion as I did when drafting the Constitution. How would you re- I voted against this proposal in the my amendment—that ‘‘equal’’ means spond to that? Finance Committee, and I intend to ‘‘the same,’’ and that requiring two or Mrs. HUTCHISON. As you know, in vote against it today. If the President more schools or two or more class- that case the Supreme Court struck vetoes this bill, I will vote to sustain rooms, (same-gender or coed), to be ex- down the state-supported VMI because his veto. actly the same would pose a nearly im- the state of Virginia failed to, quote At first blush, this proposal sounds possible administrative and legal bur- ‘‘provide any comparable single-gender appealing. Why shouldn’t parents be den for any school official to meet. It women’s instituion.’’ My amendment encouraged to save for their children’s also simply misses the point that in follows the Supreme Court’s own lan- education? The problem is that the some respects the educational needs of guage and requires that programs offer ‘‘encouragement’’ the proposal would boys and girls are different, and that ‘‘comparable’’ opportunities for both provide, costs more than $1.6 billion these differences cannot and should not sexes. over 10 years and, according to the be ignored. An all-girls or all-boys I should also highlight that while the Treasury Department, 70 percent of the school that simply ignored the fact VMI case is certainly in keeping with benefits go to the richest 20% of Ameri- that they were teaching only boys or my amendment, it was a case about cans. That is money that would be bet- only girls would be an exercise in futil- higher education, which clearly in- ter spent on improving public schools, ity, and educators know it. Enforcing volves different considerations with re- particularly low-income, urban schools some ‘‘equalness’’ standards, then, gard to the different needs of male and where most of the problems exist. Also, would not only fail to clear the way for female students than elementary and it permits families to use funds from schools to try same-gender programs, secondary education. The only major these tax-exempt accounts to pay for it would very likely ensure the end of case in which the Supreme Court di- tuition at private and religious such efforts in the future. rectly dealt with the Equal Protection schools. Doing so would mean that the I would also note that the language Clause as applied to K–12 education was federal government is subsidizing pri- of Title IX simply exempts admissions in Vorchiemer, which involved a chal- vate and religious education. S3518 CONGRESSIONAL RECORD — SENATE April 23, 1998 I believe that the Federal role in edu- Finally, I voted for Senator hard and commit yourself fully, you cation must be to support public ASHCROFT’s amendment to prohibit fed- can receive a quality education. And schools. Nearly 90% of students attend eral funds from being used for national you can achieve anything. public schools. Our nation’s public testing. Unlike many of my colleagues, Public education is a promise of op- schools are required to take children I am not opposed to national testing. portunity—a promise of open doors. who come to school at any time of the Parents should be able to compare And that is a promise which should be year, children with disabilities, chil- their child’s performance with children our number one priority to uphold. dren whose primary language is not across the United States. Parents Unfortunately H.R. 2646 will not open English, children with disciplinary should be able to compare the perform- the doors of educational opportunity problems, and children with low IQs. ance of their child’s school with for the average American family. Private schools have the ability to schools across the state and through- This bill would primarily benefit select the smartest and the least dif- out the nation. Nevertheless, I agree those who are already most able to af- ficult students, with the fewest chal- with Senator ASHCROFT that it is Con- ford a private education. Those making lenges to overcome. Families who send gress’ responsibility to authorize a na- less than $50,000 per year, will receive a their children to private schools typi- tional testing program before federal tax cut of only a few dollars from this cally come from higher income levels, funds can be used to implement such a bill. yet it is these families who would re- program. Wealthier families who are in a much ceive the greatest benefits from edu- Regardless of the outcome, we have better position to save money, will cation savings accounts. had a good debate on a very important have much larger accumulations of There have been a number of amend- issue, namely the federal roll in edu- tax-free earnings. ments to this bill. Some of the amend- cation in America. According to the Joint Committee on ments that I opposed have merit, and I Mr. BAUCUS. Mr. President, it is Taxation, 52% of the tax benefit from would like to take a moment to explain with mixed feelings that I rise today to this bill would go to the 7% of families my reasons for voting against them. oppose, H.R. 2646, the A+ Education whose children attend private schools. Senator MOSELEY-BRAUN offered an Savings Account Act. I am pleased to The other 48% of the benefits would go amendment that would have provided see that we in the Senate are discuss- to the 93% of the families whose chil- tax incentives to help pay for school ing educational issues. It is an impor- dren attend public schools. The average construction. Although her amendment tant debate that the American people benefit to a family with children in pri- failed, Senator MOSELEY-BRAUN has need to hear. However, I simply don’t vate schools would be $37 while the av- been very successful in making us all believe this bill takes our nation’s edu- erage benefit for families with children aware of the deteriorating conditions cation system in the right direction. in public schools would only be $7. of our nation’s school facilities. I voted One of my highest priorities is pre- Expanding the definition of qualified against her amendment because I be- paring Montana’s children for the chal- education expense will result in reve- lieve her approach would be very dif- lenges of the 21st Century. nue losses of $760 million over five ficult for the IRS to administer, and I Education is the only way to improve years and $1.6 billion over ten years. have concerns about using Superfund our economy and keep our kids in-state That’s money that could be better in- taxes as an offset. working at good jobs that help them vested in improving crumbling school Senator GORTON offered an amend- achieve the kind of future we want for buildings, buying computer equipment, ment, and, although I have serious con- all Americans. paying teachers more and making cerns about its effect, he has high- In the area of education I have taken classes smaller in our public schools. lighted an important problem with fed- it upon myself to do more than legis- Public education faces more chal- eral education funding. I share his view late. Because legislation can only ac- lenges today than ever before. But that states should have some flexibil- complish so much. I have worked hard rather than diverting precious re- ity in spending federal education funds. to put over 350 surplus computers in sources and students from our public They should be able to target these Montana schools. I’ve encouraged com- schools we need to face these problems funds to schools with the greatest panies to donate funding for computer head on. needs, but I don’t agree that $10 billion hardware and software. I’ve prepared a Simply abandoning public education should be given to the states in block comprehensive guide on technology does a disservice to every American—it grants without the appropriate com- funding which has been distributed breaks the promises that our country mittees holding a single hearing. Also, statewide. is founded on. the Commissioner of Education in my My office also conducted and com- By any measure, the schools in my state had very serious concerns about piled a survey of Montana schools’ own state are doing a good job. In 1997 the impact of this amendment. Next technology needs. And I hold weekly Montana continued to top the nation year, when the Elementary and Sec- internet chats with students through- in ACT scores (fourth highest in the ondary Education Act is up for reau- out Montana. country) and our state’s SAT scores thorization, I hope that consideration In working toward ensuring that continued to be 37 points above the na- is given to Senator GORTON’s point of every child has strong technological, tional average in math and 40 points view and that appropriate hearings are verbal, written , math and critical above the national average in verbal held. thinking skills, I have visited over 100 skills. I wholeheartedly agree with Senator schools during the last year. A lot of Montana, like nearly half (47%) of MURRAY’s desire to encourage smaller these schools are barely making ends the states, has a policy prescribing class sizes, particularly in the primary meet. Often times teachers and prin- class size. grades. In fact, in 1987, I introduced a cipals are put in the agonizing position Since 1970 Montana and national stu- bill that would have created a dem- of deciding between new books or com- dent/teacher ratios have stayed vir- onstration program on small class puters. New desks or a new furnace. tually parallel, with Montana main- sizes. Regrettably, the Labor Commit- While our public schools are in such taining a ratio of about two fewer stu- tee never held hearings on my bill. I straits I believe it is unfair to subsidize dents per teacher than the national av- voted against Senator MURRAY’s attendance at private schools. erage. Beginning in the mid-1990’s Mon- amendment because I am concerned These institutions are charged with tana’s statewide ratio of 14.8 students about providing short term federal sup- educating all children, not just those per teacher is only one fewer that the port for hiring new teachers. How who are able to pay or who meet cer- national average of 15.8 students per would the school districts pay to keep tain requirements. teacher. Class sizes in most of Mon- 100,000 new teachers after the federal Public education is a mainstay of our tana’s middle and larger sized school funding expired? This is a question democracy. It is the great democratizer districts are roughly equal to the na- posed by representatives from local of the American people. Ninety-seven tional average. school committees in Rhode Island percent of children in America attend Unfortunately the salary scale for when they visited my office earlier this public schools. Public education is a Montana teachers has not kept pace year. promise to all children: if you work with the national average. In 1996 our April 23, 1998 CONGRESSIONAL RECORD — SENATE S3519 educators were paid 16% less than the education costs to prevent them from savings account for each American national average. receiving the highest quality edu- child. It also contains a special provi- Federal funding plays an increasingly cation. They want flexibility to make sion for the use of such accounts for important role in public education. good choices both about day to day K– children with special needs. Specifi- After stagnating in the late 1980s and 12 educational expenses and the future cally, the bill waives the age limit for throughout the 1990s, Federal revenues enrollment of their children in college. children benefiting from such accounts now pay more that 10% of Montana’s This legislation accomplishes these for those students with special needs. I public schools costs; or 2% more than goals. feel this is an important acknowledg- in 1983. Unfortunately, during this pe- The A+ Education Savings plan will ment of the financial concerns which riod state revenues committed to edu- aid families and school districts all can come with being the parent of such cation have declined. In 1993, state rev- over the country. As we contemplate a child. We reauthorized the Individ- enues paid for 53.8% of school costs but the rising costs of education many uals with Disabilities Education Act have now fallen to around 49% of total would believe those comments are sole- because we wanted to improve the way school expenditures. ly directed to higher education. As we we educate special needs children. This Montana is not willing to rest on its have learned in recent years, however, provision will help parents expand on education laurels. Our State Board of parents are having equal difficulty in what we have already done. Public Education is evaluating new paying for their kids elementary and I would also like to thank my col- standards for math and reading pro- secondary schooling. The A+ legisla- leagues for their support of my Student ficiency. tion begins by increasing the current Improvement Incentive Grant amend- The State Superintendent of Public contribution limit of $500 for edu- ment. This amendment provides states Instruction recently stated that ‘‘(i)t’s cational IRA’s to $2000. The scope of with a new option for how to use their time to raise the high bar on edu- this IRA is also expanded to allow con- federal education dollars. Under my cation’’ by forging ahead with develop- tributions to be used for day to day ele- amendment, states will be able to use ment of new standards for science and mentary and secondary education as these funds to reward schools which communications, English, writing, well as future college costs. This provi- demonstrate excellence. Such a system speech and debate. sion allows parents to save for their fu- will help create competition between Rather than providing tax benefits ture college expenses while at the same schools to encourage improvement in for those who can already send their time covering expenses during their education. Most importantly, in creat- children to the best schools, we need to child’s younger years. For example, if a ing this new option, we did not in- invest in education systems like Mon- family deposited an original $2,000 in crease federal regulation, federal tana’s that have a proven record of suc- an A+ account at the time of their spending, or federal oversight of our cess while insuring that public schools child’s birth, they would have a savings schools. that do not perform well are held ac- of $4,522 by the time the child reaches I support the pending legislation be- countable for their performance. kindergarten. Another provision in this cause it gives parents more financial We are called upon today to discuss tools to meet education needs. The bill bill would establish a tax free status our nation’s education system. And I creates educational savings accounts for state-sponsored prepaid tuition pro- welcome the debate that all sides will which allow parents to place as much grams, allowing students to withdraw give. However, I urge my colleagues to as $2,000 per year, per child in a des- from an account, tax-free, that was es- support public education—support the ignated savings account. These after- tablished years before the student ap- promise that we hold out to all chil- tax, non-government dollars would dren regardless of faith, race, income proached his or her college years. In addition, the A+ bill proposes a earn interest at a tax-free rate and or ability. new, and creative method for con- could be used for education expenses Oppose the A+ Education Savings Ac- (home computers, tutoring, tuition) as- structing schools. The private sector count Act. And hold open wide the door sociated with any K–12 school. With would be allowed to use tax exempt fi- of opportunity for all America’s chil- help of my amendment we have also es- nancing to build schools, and would dren. tablished a precedence to raise the then be able to lease those facilities Mr. KEMPTHORNE. Mr. President, I level of excellence within our schools. back to local school districts. After a am here today to support the A+ Edu- This legislation is not the sole answer designated number of years the facili- cation Savings Accounts bill the Sen- to the future of America’s education, ties would then become the property of ate is currently considering. however, it is a step in the right direc- the leasing school district. In the bill’s Many Americans, including single tion. I would urge my colleagues to current form, Idaho is authorized to mothers and low and middle income recognize the significant role this edu- families, face the dilemma of how to issue up to $10.2 million of these new cational savings plan could have in the afford the best possible education for type of bonds; $5 million for wherever future of many American students and their children. The A+ bill is good leg- the need is the greatest and another $5 their families. I would urge my col- islation that gives all families edu- million for high growth school dis- leagues to support and pass this legis- cation opportunities they may not tricts. Under the bill, however, only a lation. have otherwise. few school districts would be eligible to Ms. MIKULSKI. Mr. President, I rise During my years as a United States utilize this bond. I have raised, with today in opposition to H.R. 2646, the Senator, I have learned that the true the floor manager of the legislation, Education IRA Tax Bill. I oppose this measure of the legislation we propose my concern that economically de- bill for three reasons. First of all, it is and pass comes from my constituents pressed school districts, not just high does not meet the education needs of in Idaho. A letter from a northern growth areas, should also receive spe- America’s children. Second, it does not Idaho school teacher named Brad cial consideration. To be issued, how- support the mission of either public or Patzer perfectly expresses why the ever, these bonds must conform to con- private education. Third, it does not Senate should pass this bill. The Patzer ditions imposed by Idaho state and meet its stated goal of providing eco- family has one child in 2nd grade and constitutional law. The floor manager nomic relief to America’s families. the other in kindergarten. I would like of the bill, the senior Senator from Mr. President, this bill is ineffective to share with you an excerpt of Mr. Georgia, has said he is willing to work in serving the education needs of our Patzer’s sentiments regarding the edu- to see whether this issue can be ad- children. One of my priorities as a Sen- cational future of his two children. dressed when this bill goes to con- ator for Maryland is standing behind Brad wrote, ‘‘. . . I believe that the ference with the House of Representa- our kids. I believe this priority should power of choice needs to rest with par- tives. The measure retains current fed- also be at the heart of the Senate’s ents and I agree that this IRA would eral law that allows school districts, agenda. The bill before us does not re- provide more equal opportunities for with voter approval, to issue an unlim- flect what America’s priorities in edu- those willing to make their children’s ited amount of tax-exempt bonds for cation should be. education a priority.’’ school construction. Let me state clearly that I believe The Patzers, like most parents, do As I mentioned earlier, the A+ bill al- that education should be a non-par- not want their children’s impending lows for the establishment of a tax-free tisan issue about what is good for our S3520 CONGRESSIONAL RECORD — SENATE April 23, 1998 kids and the future of our country. well-equipped schools that can be wired est means struggle to give their chil- Fighting for education does not mean for computers and technology so the dren the best education possible. The pitting our schools or our people children can get the education they Coverdell bill has been presented as a against one another. It should not be need to succeed in the 21st century. tool to give these families some finan- about private schools vs. public These are also the same schools that cial relief. But, that is a hollow prom- schools, or wealthier people vs. people may house after-school education and ise. The average family with children with more modest means of educating safety programs which our children in private schools would receive tax re- their children. need. lief of only $37.00 a year. $37.00, Mr. This is not what education is about. We need to place our priorities on President. I know that every dollar This is not what the business of the hiring new teachers. I supported Sen- counts, but $37.00 a year is not going to Senate is about. We are here to do the ator KENNEDY’s amendment to hire make much of a difference in the aver- very best we can for ALL of the people 100,000 new teachers and to make cer- age family’s budget. of America, not just a select few. We tain that they are well qualified in the The bottom line is that the education have a duty to help ALL of the chil- areas we need them most. IRA will not fix our crumbling schools dren of America to prepare themselves Under the 1994 Crime bill, we agreed or help us bring qualified teachers into for the 21st century. to add 100,000 cops to police forces our classrooms. The education IRA will We need to be able to look toward a throughout the country. My own state not bring the information super- future that promotes a sustainable, ro- of Maryland has added over 1,200 cops— highway to public schools. In fact, it bust economy. A key element to our who are out in the community fighting will bring very little benefit to the ma- future is educating those who will be crime. I know what a difference they’ve jority of Americans and no benefit at governing our future. We need to invest made in preventing crime, and in en- all for Americans who cannot afford to in our children’s education so that suring that those who commit crimes contribute money to these savings ac- they can skillfully navigate our coun- are apprehended. Our streets are safer counts. try into the ever expanding world mar- because of this program. Think what a For these reasons, I must oppose this kets. They need the skills to become difference 100,000 new teachers could legislation. productive members of our workforce. have made. I am disappointed that this Mr. MCCAIN. Mr. President, I want Our children need the educational tools amendment was not approved. to cast my wholehearted support for a that allow them to understand the The Coverdell bill does not meet any very important piece of legislation for complicated economic mechanisms of these dire education needs—for our children and our nation’s future, that govern our modern world. school repair, for school construction, H.R. 2646, the A-Plus Education Sav- While the Coverdell IRA bill purports for more teachers and smaller class ings Account Act. As my colleagues to be a pro-education bill, it does noth- sizes. It is silent on these critical know, this bill would provide families ing to improve the education of the needs. with the economic freedom to save majority of our students. Coverdell The Coverdell bill is ineffective in their own money, tax-free for their does nothing to ensure our kids have supporting the mission of either public children’s elementary and secondary the tools they need to cope with these or private education. I believe that educational needs. I am excited that the Senate is about important issues as future leaders and public education—the choice of 93% of to pass a bill which addresses the hardworking adult citizens of our coun- America’s families—must not be short- unique educational needs of all our try. changed by the federal government. children while making significant Support for public education must be But let me be clear that I support our strides toward improving their aca- the priority for federal investment. private schools as well. I am a proud demic performance. This bill is an im- Coverdell represents an actual divest- product of parochial schools. What I portant step toward returning to par- ment in public schools. The Coverdell am today I owe in large measure to the ents and communities the means and bill costs $1.6 billion dollars over the sisters who educated me in Baltimore’s responsibility to provide for their chil- next ten years and gives the majority parochial schools. They nourished my dren’s education. This is why I support of the benefits to only 7% of the fami- intellect, and they nourished my spirit. the A+ bill and will continue to sup- So I know about the value of private lies with children in school. Even those port innovative, flexible programs schools and I support private schools. benefits are meager ones. For example, which focus on the best interests of our But I believe there are better ways to the average family with children in children, our future. private schools stands to benefit only support private school education. The As an original cosponsor of this legis- $37 a year in tax exclusions. federal government already provides lation, I have consistently worked with This $1.6 billion can be much better substantial assistance in support of my colleagues to ensure passage of this spent following an agenda that truly private education. There are a range of bill and have looked forward to the day gets behind our kids. The Senate federal programs that private schools when it would pass the full Senate. should support and pass legislation can take advantage of which are de- Unfortunately, I will be unavoidably that offers real solutions to address the signed to serve a variety of school stu- absent for the final vote on this crucial problems faced by our schools. dent and teacher needs. education measure. I am very dis- Students cannot learn in over- For example, there are 366 private appointed that the vote on final pas- crowded schools that are falling down schools in Maryland that take advan- sage for this measure was unexpectedly around them. Schools in every state in tage of ‘‘Innovative Programs,’’ a fed- delayed. If I had been able to be present this country are in desperate need of eral program available to both private this evening, I would have voted yes for repair. This year, K–12 enrollments and public schools. Innovative Pro- this bill. reached an all-time high of 52 million grams supports a broad range of local Again, I want to reiterate my com- children and they will continue to rise. activities in eight primary areas in- mitment for this bill and regret my ab- It is estimated that we will need to cluding technology, reform implemen- sence for witnessing the passage of build 6,000 new schools by 2006 to main- tation, disadvantaged children, lit- such a monumental measure. Finally, I tain current class sizes. Leaky roofs eracy programs, gifted programs and would like to take a moment to ap- and overcrowded classrooms are the some Title I and Goals 2000 activities plaud the leadership of my colleague, real problems that need to be ad- or programs. I believe that better use Senator COVERDELL and his staff for his dressed, not whether an average $37 per of the resources tied up by this bill— commitment to this proposal. He has year tax benefit is what is best for some $760 million over the next five fought tirelessly on behalf of our na- Americans and education. years—could be better used through tion’s children and should be com- We should target scarce federal re- supporting existing programs that ben- mended for his efforts. sources to finance the construction and efit both public and private schools. Mr. ALLARD. Mr. President, today I modernization of our public schools. Finally, Mr. President, this legisla- encourage my colleagues to support These are the schools that 93% of our tion is ineffective in providing eco- legislation which will open doors to children attend. These schools will help nomic relief to America’s families. I education opportunities for parents many communities provide modern, know how hard many families of mod- and children throughout our nation. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3521 Education savings accounts are a vestment in physical capital, but why colleagues that Federal budgeting is a sensible step toward solving the edu- have we never encouraged investments zero sum game. And since this bill ef- cation crisis in America by allowing in human capital? fectively spends money to help private families to save their own money to Education for our children is the schools, we cannot spend more for pub- pay for their child’s educational needs. most worthwhile investment we have— lic schools. It is that simple. This bill would empower parents with one that we should protect and foster Unfortunately, our public schools the financial tools to provide for all growth. have enormous financial needs. For ex- the needs they recognize in their chil- This bill is a positive step towards re- ample, our schools need a tremendous dren—needs that teachers or adminis- form and choice in our public school amount of modernization. In fact, our trators should not be trusted to address system. existing school buildings are in such in the same way that a parent can. Why anyone would vote against tax poor shape, the General Accounting Of- These accounts would provide fami- relief for America’s families and im- fice estimated that we need to spend lies the ability to save for extra fees, proving education for all of our na- $112 billion on repairs and renovations. tutoring, home computers, S.A.T. prep- tion’s children at the same time is dif- Fourteen million children—mostly aration, transportation costs, or in ficult for me to understand. from poor or inner-city school dis- cases of violent incidents, would allow I thank the Senator from Georgia, tricts—attend schools that need exten- a family to consider another public or Mr. COVERDELL, for introducing this sive repair or replacement. private school. bill. But the needs of our public schools This kind of tax relief is especially I believe that the working families in do not stop here. They need modern important for parents who are working our states will thank us for handing computers. They need to be hooked up two jobs with no extra time to help them an opportunity to invest in their to the internet. They need more teach- with homework, or those who do not own children. ers to reduce class size. That is why feel adequate in their own knowledge Mr. LAUTENBERG. Mr. President, I the President proposed hiring 100,000 to tutor their children. rise in strong opposition to the Cover- new teachers. We also need greater As parents, I know that my wife and dell bill. This bill will undermine our funding for educating disabled chil- I were the best judges of our children’s public schools and provide the bulk of dren. And the list goes on and on. That needs because we truly cared about the tax breaks to wealthy individuals. is why the 93 percent of all American their future. Mr. President, before I talk about the children who attend them should be And as all parents realize, I knew Coverdell bill, I want to make two our number one priority. that I was in the best position to ad- points. First, I am not opposed to tax Mr. President, this bill is also unfair dress those needs. cuts for families which help them as a matter of tax policy. While we are As a small businessman, I would have make ends meet and invest in their awaiting final figures from the Treas- welcomed an opportunity to accrue children. For example, last year I sup- ury Department, I would like to point tax-free interest to help pay for more ported the $500 family tax credit and out the tax distribution of last year’s opportunities in education for my chil- the HOPE Scholarship $1,500 tax credit Coverdell bill. Under last year’s Cover- dren. for college tuition both contained in dell bill, the average tax benefit for the Far too many parents find that their the 1997 Taxpayer Relief Act. I also be- richest 20 percent of all Americans hopes to provide the best education for lieve that we can enact further tar- would be $96. But do you know what their children are crushed as they real- geted tax cuts for hard working middle the average tax benefit would be for ize the costs involved in accomplishing class families this year without tap- the lowest 20 percent of all Americans? this task. ping the surplus. One dollar! One buck! Contrary to popular myth, 75% of the Second, I am not opposed to private Mr. President, this means that the children who would benefit from this schools. In fact, I commend the teach- richest Americans would get ninety-six bill are public school students. The new ers and administrators in private times the tax break that the poorest estimates released by the Joint Tax schools for their work. And I strongly Americans would get under the old Committee appear to disprove the support the mission of the private Coverdell bill. Now, I understand that claim that public school revenues schools in my State. Catholic, Jewish, this new Coverdell bill is slightly modi- would be reduced by A+ accounts. and other parochial and private schools fied, but I understand that the same The Joint Tax Committee estimates provide an excellent education to thou- dramatic inequity still exists. that by the year 2000, 14 million stu- sands of New Jersey children. We simply should not pass a tax bill dents will be able to benefit from this But I am also a strong supporter of that is so skewed toward the rich. Any bill, with 90 percent of those families our public school system, because 93 tax relief should be focused towards earning between $15,000 and $100,000 a percent of all children go to public middle class Americans—people who year. schools. They come from all different, work hard to raise their families. This savings is not reserved for the racial, ethnic, religious, disability, Mr. President, the Democratic alter- wealthy but instead lifts the burden academic and financial backgrounds. native to this bill meets part of our from our nation’s hard working lower They are generally poorer than chil- educational needs in an equitable man- and middle class families. dren who go to private schools. They ner. It will provide tax incentives for This bill is good for families—it’s tend to live in unsafe neighborhoods— employer paid education and pre-paid good for schools—especially public surrounded by crime and drugs. They college tuition plans that exist in schools. mostly attend schools that are in need many states. It also provides $22 billion Since parents would be spending of great repair. Many have no text- for school modernization. This will their own money, it fuels parental in- books and ancient computer equipment mean that thousands of schools across volvement in their children’s edu- that does not provide them access to our country will have better science cation. the internet. labs, safer classrooms and smaller class And because it gives them increased Mr. President, these children should size. resources that can be used for edu- be our highest priority. And I will If we pass the Democratic education cation at their own child’s school, it never give up on them. plan, along with the President’s pro- encourages parental involvement in I strongly believe in educational eq- posals to hire 100,000 teachers to reduce the schools as well. uity—the ability for all kids to have class size, increase the number of tu- Tax-free savings accounts may not access to an excellent education with tors available and create new edu- fix our nation’s education system, but modern facilities and talented teach- cation opportunity zones, we will see they will give parents an opportunity ers. But the Coverdell bill will only real improvements in our educational to make a difference for their own chil- make our educational system less equi- system both public and private. dren and their own community’s table. If we pass it, we are turning our Mr. President, I am pleased that the school. backs on our public schools. President has indicated that he will Our tax code has always encouraged Mr. President, as ranking member of veto the Coverdell bill. It will hurt our various deductions and credits for in- the Budget Committee, I must tell my public schools and provide a tax break S3522 CONGRESSIONAL RECORD — SENATE April 23, 1998 for the rich on top of it. When it comes bill is for secondary and elementary So I say to my friend from Georgia, to our public school children, this bill education through the Tax Code—I who has been straight up with me, up- says ‘‘let them eat cake.’’ would say that is a legitimate debate. front with me, the whole way—our of- I ask my colleagues to oppose this The truth is, most of the people who fices are across from one other—al- legislation for the sake of the millions are voting against this are voting though we met on this and strategized of children who walk through the pub- against it because in principle they on this, and, I think to the chagrin of lic school door house every day and don’t think the Tax Code should be my Democratic colleagues, although I seek a solid physical and educational used this way, period. They have no de- helped play a part in getting this bill foundation. sire under any circumstance—and they to the floor, now I can’t vote with him. Mr. DORGAN. Might I, before I yield think it is anathema to our system—to Now, if you go to conference and this time to the Senator from Delaware, help even indirectly private schools. is dropped—that is, the foolishness of Senator BIDEN, inquire of the Senator So I find myself in strong disagree- the Gorton amendment—and the bill from Georgia—those we know on our ment and in a distinct minority in my comes back here without the Gorton side who have requested time include party on that view. Consequently, I amendment in it, I will vote for it and Senator BIDEN for 5 minutes; Senator voted against a whole lot of things I I will vote to override a Presidential KENNEDY for 5 minutes; and Senator have supported for 20 years, because veto. But I cannot vote for it in its DASCHLE for 10 minutes. That rep- most of the initiatives that were present form. resents the list of all of those we know brought up that I supported were in The reason, Mr. President, I wanted who will be here to speak. lieu of—in lieu of—this use of the Tax to vote for the Education IRA proposal Could the Senator from Georgia indi- Code, this IRA, which is going to be a is because I believe in it. I have always cate to us the list that he has so we very, very small amount of money for believed—and I voted as far back as might determine when we might be most people, by the way. 1978—that we should find some way to headed for a vote? Then having done that—and I do not help financially those parents who wish Mr. COVERDELL. My list is Senator in any way suggest that the sponsor of to send their children to the school of their choice. DOMENICI, the distinguished Senator this legislation had this in mind—along That does not mean that I support from New Mexico, and my closing re- came an amendment that trumped ev- every effort to provide tax dollars or marks. We are 15 minutes or less. That erything for me. I have always been an tax breaks to support private edu- would put a vote around 7:30. extremely strong supporter of public cation. But, I have supported—and will Mr. DORGAN. Mr. President, if that schools. I have supported education for continue to support—reasonable, ap- is the case, it might be useful for Mem- the 25 years I have been here. With propriate, constitutional measures bers to understand that some time in every major education initiative, I that do not take money away from the the next 35 minutes or so we might be have played a small part, at least in public schools to help middle-class and heading toward a vote. So with that, I my vote, along with the Senator from lower-income families who choose an yield the 5 minutes to the Senator Massachusetts, who has been the leader alternative to public schools. from Delaware, Senator BIDEN. in this body on education issues since I Let me also say that my support for Mr. DOMENICI. Would the Senator have been here. this bill—and similar initiatives— yield? So along comes an amendment by should in no way be viewed as an aban- Mr. BIDEN. I would be glad to yield. Senator GORTON that essentially emas- donment of public education. Yes, Mr. DOMENICI. I want to be clear, on culates the notion of Federal participa- there are some supporters of this bill my time I would like to yield part of tion in the education process in our who believe that there should be no my time to Senator BINGAMAN on a country. I am not suggesting that he is Federal role in education or that the Steve Schiff memorial we want to in- not philosophically committed to the Federal government should not help troduce. We will not take much time. notion that there should be no Depart- States fund public education or that we Mr. COVERDELL. Fine. ment of Education, that it should all should decrease our commitment to Mr. BIDEN. Mr. President, I have lis- be local. But, I think that is malarkey. public education. I have not, do not, tened to and been involved in this de- I think that is absolutely ‘‘brain dead’’ and never will subscribe to that philos- bate now for weeks before this got to in terms of what this country needs. ophy. the floor, and since it has gotten to the That is my view. I have supported and will continue to floor, and now in the final moments. So now I am faced with a dilemma. I support increasing funding for public And I find myself in an unusual posi- want to support this bill. But, in help- schools and for programs to help the tion. I think the claims made by every- ing a little tiny bit those parents who public schools—Title I for disadvan- one on both sides of this issue are send their kids to private schools—over taged children, Goals 2000 academic greatly exaggerated. the objection of my friend Senator standards, safe and drug free schools, Although I have voted against vouch- KENNEDY and others—in the process, special education, school construction, ers, and have voted against direct fund- from my perspective, I would be voting and smaller class sizes, to name a few ing to private schools, I strongly sup- to emasculate the Federal responsibil- examples. Public education must be port, and have since I got here in 1973, ity in education by shifting all pro- our top priority. But, no matter how the use of the Tax Code to indirectly grams to a block grant. much those on both sides of this issue assist private schools. I find it ironic, by the way, all this try to make it so, this is not an either- My friend from North Dakota talked talk from Republicans about, ‘‘We or choice—where you either support about how the public schools are get- don’t want any directed education pro- public education or you support fami- ting short shrift, but so are the private grams, we want block grants,’’ and lies who choose an alternative to pub- schools. The private schools I went to then everyone voted for a Republican- lic schools. That is a false choice. were Catholic grade schools where the sponsored amendment to create a new Now, having said all that, Mr. Presi- average income I expect was lower—I directed Federal Government edu- dent, let me explain in some detail why know it was lower in the neighborhood cation program which is not a block I believe it to be true—why I believe I lived in—than the average income in grant. this bill is reasonable and appropriate, the public schools. I will not belabor At any rate, I can no longer support and does not undermine public edu- this, mainly because no one is inter- this bill. It really makes me angry cation. In doing so, I need to review ested and, secondly, because I do not with myself that I can’t vote for this some of the provisions of this bill, have the time. bill. All these years trying to get a lit- which my colleagues are familiar with. I think when we get here on the floor tle bit of fairness, in my view, for pri- I do this because as I have talked to and people say, this is really about pri- vate and parochial schools. It is just people about this bill—and as people orities, I agree. And if the debate really about to happen, and I can’t vote for it have talked to me—it is clear that were whether or not to spend this now because it undermines everything there is a lot of misunderstanding money for aiding higher and elemen- I have believed about the role of the about it. So, let me take a few minutes tary and secondary education, all Federal Government in education for to explain exactly what this bill is and three—and about $300 million of this the last 25 years. is not. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3523

This bill is not is a voucher bill. It families whose kids attend public (The remarks of Mr. DOMENICI and does not provide a voucher or grant to schools. If parents need to buy their Mr. BINGAMAN pertaining to the intro- pay for private schools. This is not a kids public school uniforms, they can duction of S. 1978 are located in today’s tuition tax credit bill. It does not give use this money. If parents need to buy RECORD under ‘‘Statements on Intro- a tax write-off for the costs of tuition their kids a computer, they can use duced Bills and Joint Resolutions.’’) at private schools. And, this is not a this money. If a child needs an after- Mr. DOMENICI. Mr. President, this is bill to aid private schools. It does not school or summer tutor, parents can a very important education bill before give private schools a dime of tax pay for that tutor using this money. us today. money. How is that a disaster that will befall It is a revolutionary education bill. What this bill does is simply say that this nation’s public school system? The It encompasses a major philosophical the interest earned on a family’s sav- answer is, it is not. That is a rhetorical shift. ings that are used for education will exaggeration by opponents of this bill, This legislation is as significant as not be considered taxable income. Let who are trying to have it both ways. when we, as a society, decided that it me be more specific. On the one hand, they claim that this was okay, in fact desirable, to teach Last year, we established Education bill is significant because it will under- girls to read. It is as big of a philo- IRAs for higher education. This was a mine public education, and on the sophical shift as when the Supreme proposal that I had originally intro- other hand, they argue that this bill is Court struck down separate but equal duced in 1996 as part of my comprehen- meaningless because the tax benefit for schools in the 1960’s. sive bill—known as the ‘‘GET AHEAD’’ the average family, they claim, will be This bill stands for the proposition Act—to make college more affordable $37 per year. Which is it—significant or that during a time when our techno- for middle-class families. Under last meaningless? It cannot be both. logical capability is undergoing expo- year’s tax bill, families can now put up The truth is, this bill in the aggre- nential change, education also needs to $500 per year into an Education IRA gate will have only a marginal impact. exponential change not incremental and if that money is later used to pay But, to some families, it will be a real tinkering. for the costs of higher education, the help. And, so I believe that this bill is To understand the magnitude of this interest on that savings will not be an appropriate way to reach a desirable proposed change, start with old adage taxed. goal—assisting parents who wish to ‘‘follow the money.’’ This bill does two things to build on send their children to the school of The Gorton amendment takes the last year’s law. First, it increases the their choice. money and provides three different amount that can be put into the ac- Finally, Mr. President, although I paths for it to follow. Instead of a myr- count each year from $500 to $2000. Sec- support this bill, let me say that I am iad of overlapping programs, each with ond, for families with incomes under disappointed with the way the Repub- its own set of guidelines, principles, $160,000, the bill allows funds in an lican leadership chose to bring up this and educational commandments, states Education IRA to be used—without bill. I am disappointed because we did are given maximum flexibility. Flexi- having to pay tax on the interest—for not use this opportunity to have a seri- bility not only on ‘‘what’’ to do with the costs of a child’s education at any ous debate on education in this coun- the federal education dollars but level—elementary, secondary, or high- try. By any measure, as I just noted, ‘‘how’’ those federal dollars should be er education—and at any school, public this bill will have only a small impact. delivered to states. or private, or for home schooling ex- And, it will help primarily—not exclu- States can opt to send funds directly penses. sively, but primarily—families whose to local school districts minus the fed- There is no tax deduction for the children attend private schools. I sup- eral regulations; or—states can decide amount put into the savings account. port it out of a sense of fairness. they want their federal money to be And, there is no tax deduction for the But, meanwhile, there are 45 million sent to the state education authority entire cost of a private school edu- public school children in this country. without federal regulations or—states cation. Those are myths. This bill sim- And, we have schools that are falling can opt to continue to receive federal ply says that interest earned on Edu- down, classes that are overcrowded, funds under the current system. cation IRAs—which already exist for and children who have nowhere to go States are supposed to be labora- higher education—will not be taxed if and nothing to do when the final school tories for government experiments. the money is used at any level of edu- bell rings at 3:00 in the afternoon. Even The Gorton amendment allows this ex- cation. What is the harm in that? I see if the Education IRA proposal becomes perimentation so that Congress will none. We are simply expanding existing law—which I think it should, and I have some concrete examples and data Education IRAs so that people can use hope it will—it is not a fix for the prob- to see how each approach works. their own money to pay for elementary lems of America’s schools, and we This bill stands for the proposition and secondary education costs. should not pretend otherwise. No mat- that the best decisions regarding edu- Now, Mr. President, here is some- ter how important I think this bill is, cation are local decisions and this thing interesting. The cost of this pro- it is not about making our public amendment gives the federal purse to posal is estimated by the Congressional schools better. We could have put more the local decision makers. Budget Office to be $1.6 billion over ten money in building and repairing This bill stands for the proposition years, paid for by closing loopholes in schools. We could have put 100,000 new that our schools need to do things dif- the current tax law—not by taking teachers in our elementary school ferently. Too many kids are merely money away from public schools. But, classrooms to reduce class size. We getting ‘‘social promotions’’ to keep about $1.3 billion of the cost is ex- could have funded after-school pro- them in a class with their age group re- pected to result from Education IRAs grams to help keep kids off the streets gardless of whether they have learned used to help finance the cost of a high- and away from crime. We could have their lessons. It is a sad state when er education. Only $300 million—and, done all of these things in addition to many of our graduates can’t read the remember, that’s over a 10-year pe- the Education IRA proposal. But, we diplomas they receive at graduation. riod—would result from Education did not. Too many schools don’t teach the ba- IRAs used to help pay for elementary We have missed the opportunity to sics any more, and what they do teach and secondary education. In other think big and have instead gone for- isn’t taught very well. words, less than 20 percent of the cost ward with a bill that gets by with Another important philosophical of this proposal is a result of Education something small. Nonetheless what is shift encompassed in this legislation is IRAs being used for elementary and being done here is important, and I the long-overdue, common-sense rev- secondary education costs—what all look forward to voting for it if the Gor- elation that it is reasonable to expect the hullabaloo has been about—and ton amendment is dropped. teachers to pass a competency test be- some of that would be used by families The PRESIDING OFFICER. The Sen- fore we can expect our students to be with children in public schools. ator from New Mexico is recognized. able to pass tests. I am pleased that Let me repeat that. Under this bill, Mr. DOMENICI. Mr. President, I this bill includes a provision providing Education IRAs can be used to help thank the Chair. for teacher testing and merit pay. S3524 CONGRESSIONAL RECORD — SENATE April 23, 1998 The bill now includes an amendment credits, home schooling, after-school Mr. President, this education bill is a to provide new grants to states that (1) care and college preparation courses. revolutionary education bill. When you test K–2 teachers for proficiency in the A tutor can make the difference be- look at it on its four corners as it has subject area they teach and (2) has a tween success or a student falling finally passed the Senate, it is not nib- merit based teacher compensation sys- hopelessly behind. bling around the edges. It is asking we tem. A computer can open the world, as make some fundamentally different de- In line with my belief that teacher well as cyberspace to a child. Children cisions about the Federal involvement competence is key to improving Amer- growing up in homes with computers in public education. ican education, this bill creates incen- will be the achievers. I am afraid chil- I am not sure everybody understands tives for states to establish teacher and dren growing up in homes without that the Federal Government’s involve- merit pay policies. computers will be at a disadvantage. I believe the best teachers should be This bill will allow money from an edu- ment is about 7 percent. So when we rewarded for their efforts to educate cation savings account to be spent on a talk about our U.S. Government hav- our children. A little competition in computer, software, and lessons on how ing an impact on education for kinder- our public schools would be a good to use the computer. garten through 12, about 7 percent of thing for rewarding these teachers who The bill has several solid worthwhile the money spent in the public schools provisions. excel at their profession and motivat- across this land comes from the Fed- It raises the limits on annual con- ing those who may need to improve eral Government. That means 93 per- tributions to an education IRA from cent comes from the States, munici- their performance. $500 to $2,000 per year, and allows ac- The MERIT amendment would use palities, counties, boroughs and the counts to be used for K–12 expenses. like. the Eisenhower Professional Develop- The bill allows parents or grandparents ment Program (Title II) to provide in- to make the contribution in after-tax From what I can tell, the Federal centive funds to states that establish money each year. Government has been doing too much periodic assessments of elementary and The Accounts would grow with inter- dictating for 7 percent of the resources secondary school teachers, including a est, and withdrawals for educational that they give to the States, too much pay system to reward teachers based expenses would be tax-free. A+ ac- of a heavy hand trying to dictate out- on merit and proven performance. counts, as under current law, are tar- comes with very little money. One of The legislation would not reduce cur- geted to middle income taxpayers. Eli- the worst examples of the Federal Gov- rent funding for the Eisenhower Profes- gibility phases out beginning at $95,000 ernment’s involvement is when we de- sional Development Program. Incen- for individuals and $150,000 for joint fil- cided we should help the disabled tives will be provided to states that es- ers. Under these terms almost all New young people get into the mainstream tablish teacher testing and merit pay Mexicans would be eligible to set up of our public schools, a wonderful idea. programs. The amendment permits the one of these accounts. Then we said we will pay 40 percent if use of federal education dollars to es- The bill allows parents to purchase you pay 60 percent. To this day, to this tablish and administer these programs. contracts that lock-in tomorrow’s tui- night as we stand here on the floor, the The Eisenhower program, established tion costs at today’s prices. This bill Federal Government has paid 9 per- in 1985, gives teachers and other edu- would make these savings completely cent, yet we impose regulations. The cational staff access to sustained and tax-free. latest ones on the IDEA bill that im- high-quality professional development Families purchasing plans would pay plements our desire to help public edu- training. In 1998, the Congress approved no federal income tax on interest cation mainstream and educate dis- $28.3 million, $10 million more than in build-up. Under current law, state-run abled young people, this 9 percent has 1997, for the Eisenhower program to programs allowed tax-deferred savings for many schools dictated such onerous provide in-service training for teachers for college. However, savings in such mandates that some today are willing in core subject areas. plans, when withdrawn, are taxable as to violate the law in order to get before The President requested $50 million income to the student. This provision a judge to show that some of what we for the Eisenhower program in 1999, an would benefit one million students. are doing is so arbitrary that it is not increase of $26.7 million above the $28.3 Twenty-one states have created tui- even common sense. million provided in 1998. New Mexico tion plans. New Mexico has not yet im- Now, frankly, the revolution is two- received $2.4 million in 1997 for all 89 plemented one but it does have a pro- fold, as I see it. One, we are going to school districts. The President funds posal under consideration. If the state take a third of our public education his 1999 request at the expense of Title finalizes it pre-paid tuition plan future money and say to our States: You have VI, Innovative Program Strategies, students would be able to benefit. Pre- three options. You can take this one- which New Mexico also heavily uti- paid tuition plans are a great way to third of our funding, a number of pro- lizes. He requests no funding for this secure the future. The bill extends through 2002, the ex- grams, and leave it just like it is. You program, which received $350 million in clusion for employers who pay for their can stay with these categorical pro- 1998. employees’ tuition and expands the This is but one step forward in our grams where we put up a tiny bit of program to cover graduate students be- money. We have bureaucracy and regu- bid to improve the educational per- ginning in 1998. The exclusion allows formance of American students. This lations coming out of everybody’s ears employers to pay up to $5,250 per year as we try to impact on education with amendment supports the principle that for educational expenses to benefit em- all children deserve to be taught by a little sliver of money, with a mar- ployees without requiring the employ- velous purpose and goal attached to it. well-educated, competent and qualified ees to declare that benefit as income teachers. So, one, you can take it and keep it and pay federal income tax on the ben- that way. The other is, you can say: This bill also builds upon the edu- efit. One million workers including cation savings accounts enacted last State of New Mexico, State of Ala- 250,000 graduate students, would bene- bama, you send that money right to year. It expands the amount of money fit from tax-free employer-provided that can be saved and expands its uses your school districts to be allocated to education assistance provision. them proportionately and let them de- to include K–12. The bill also creates a new category About 14 million individuals are ex- cide how to use the money in the best of exempt facility bonds for privately- interests of their problems. Third is for pected to sign up for these accounts by owned and publicly operated elemen- the State to say: We will administer the year 2002. Contributions can be tary and secondary school construction the money to the school districts and saved to cover college expenses or used high growth areas. The bill makes $3 let them spend it the way we dictate. when needed to pay for a wide range of billion in school construction bonds In all events, it is a marvelous research education expenses during a student’s over five years. This is enough to build project. There is no downside for our elementary and high school years. Ex- 500 elementary schools. amples of eligible expenses include text I hope the Senate will complete its kids. books, computers, school uniforms, tu- work quickly on this bill and that the What we are doing is not working. So toring, advanced placement college President will sign it. for those who stand up and worry about April 23, 1998 CONGRESSIONAL RECORD — SENATE S3525 this new change, what is working defects in this bill and direct scarce re- earth in this century. None of us—no today? Things are getting worse. We sources to the public schools that have Republican, no Democrat—should re- just had a TIMMS report that looked the greatest need. But at every turn treat from that basic bedrock prin- at our math and science kids, and it Republicans have chosen to make this ciple. Yet, this unacceptable bill does said the following, plain and simple: Up bad bill even worse. The bill uses tax that. It hangs a sign for all to see on to the 5th grade, we are doing great. breaks to subsidize parents who send the front door of every public school in From 5th to 12th, we go right off the their children to private schools, and it America: Abandon hope, all ye who log, like the Titanic, into the ocean. is a serious mistake. It diverts scarce enter here. Get out while you can, pub- We are at the bottom of the heap by resources away from public schools lic schools have failed. Find a private the time the 12th grade arrives in the that have the greatest need. It under- school that will take you in and we United States of America, the highest mines the important Federal role in will subsidize the cost. technology and science country in the education, and it bans voluntary na- I categorically reject that view. Pub- world. We are sitting around worrying tional tests. It does nothing to improve lic schools have not failed. Public about one-third of the programs that public schools. It does nothing to ad- schools are still the backbone of Amer- we have been dumping on our school dress the serious need of public schools ican education, and they always will systems with highfalutin goals, and we to build new facilities and to repair be. Let’s solve their problems, not are saying to the school systems that crumbling existing facilities. It does abandon them. Let’s defeat this bill you can decide where to put that nothing to reduce class sizes in schools. and make a fresh start to do all we can money. The other two-thirds we will It does nothing to provide qualified to help our public schools. leave the old way. teachers in more classrooms across the Mr. DASCHLE addressed the Chair. Now, that is a revolution worth put- Nation that will be needed. It does The PRESIDING OFFICER. The ting right before the public and seeing nothing to provide after-school activi- Democratic leader is recognized. Mr. DASCHLE. Would the Chair in- what happens. The other one is a little ties to keep kids off the streets, away form us as to the current status regard- bit of a movement in the direction of from drugs, and out of trouble. It does ing time? merit pay and expanded teacher edu- nothing to help children reach high The PRESIDING OFFICER. The cation. Both of them are revolutionary academic standards. It does nothing to Democrats control 411⁄2 minutes, and ideas and neither of them will harm improve the quality of education for there are 8 minutes 49 seconds left for anyone—in particular, the young peo- children in public schools. the Republicans. I heard some discus- ple of our country. The chances are On issue after issue, the Republican sion earlier about yielding that back. they will help our young people. bill undermines Federal support for Mr. DASCHLE. Mr. President, it is I know the President is going to veto education, and that is irresponsible. We my understanding that I am the last this bill, but I am as positive as any- know what it takes to achieve genuine speaker on our side, and then we have thing that the change in public edu- education reform. The place to start is one speaker left on the Republican cation from the U.S. Government will by resoundingly rejecting this defec- side. It is with that understanding that start with this bill. This bill is going to tive bill that destroys the national I will yield such time now as I may start a change that is going to be bor- commitment to improving education consume. derline revolutionary. We are either for all students. First of all, let me begin by com- going to do more and accomplish more, The challenge is clear: We must do mending the distinguished senior Sen- or essentially we are going to find out all we can to improve teaching and ator from Massachusetts for his elo- why not. learning for all students across the Na- quence again just now and for his re- I yield the floor. tion. We must continue to support ef- markable leadership on this debate for Mr. DORGAN addressed the Chair. forts to raise academic standards. We the last several days. He has been our The PRESIDING OFFICER. The Sen- must test students early so we know quarterback, and he has been a real in- ator from North Dakota. where they need help in time to make spiration to many of us. I thank him, Mr. DORGAN. Mr. President, I yield 7 that help effective. We need better and I thank all of our colleagues who minutes to the Senator from Massa- training for current and new teachers have done so much to contribute to chusetts, Mr. KENNEDY. so that they are well-prepared to teach this debate, who have done so in a civil The PRESIDING OFFICER. The Sen- to high standards. We must reduce way, who have done so in an enlight- ator from Massachusetts is recognized class size to help students obtain the ened way, who have done so with every for 7 minutes. individual attention they need. We good intention about raising the level Mr. KENNEDY. Mr. President, the need after-school programs to make of debate and talking about these criti- Republican approach these days often constructive alternatives available to cal issues, recognizing the significant seems to be ‘‘one ideology fits all.’’ students. We need greater resources to difference of opinion that exists be- They want to privatize everything. modernize and expand school facilities tween our parties on this important They want to privatize Social Security, to meet the urgent need of schools for matter of national concern. they want to privatize Medicare, and modern technology and up-to-date This debate started out as really a now they want to privatize education, classrooms. difference of opinion on how we com- and that would be their biggest mis- We cannot stand by and enact a re- mit about $1.6 billion in resources to take of all. gressive bill to help private schools at education. I have noted in the past People ask why this bill is so impor- the expense of public schools. It is that I have great admiration for the tant and why this debate has been so clear that our Republican friends are Senator from Georgia and his interest hard-fought. The answer is clear. This no friends of public schools. This Re- in pursuing ways in which to improve is not just another ordinary bill, or or- publican anti-education tax bill is to education. I differ with him strongly dinary day, or ordinary vote in the life wrong for education, it is wrong for on this particular issue. We have noted of the Senate. The Republican Party is America, and it is wrong for the Na- on many occasions as we have made making a massive mistake, a mistake tion’s future. reference to his approach that the of truly historic dimensions, if they Public education is one of the all- original design of this legislation did turn their backs on public schools, if time great achievements of our coun- little to address the real problems we that is the clear signal they are send- try. Education is the key that unlocks have in education. We have argued on ing the country by pushing this mis- the golden door of opportunity. Great this floor on many occasions whether, guided bill, because its fundamental leaders of a century and more ago un- with $1.6 billion, we should give tax re- purpose is to aid private schools, not derstood that. They understood what lief largely to those in the most suc- help public schools. We all know that may be the greatest experiment of all cessful quintile of our economic strata. public schools have problems, but our in American democracy. They insisted I am told about $37 in tax benefits goal should be to fix those problems, on free public education for all, and in would go to the top 20 percent of in- not ignore them or make them worse. doing so they laid the solid foundation come earners in our country. Over the past few days, the Senate that made this country the most pow- The question is, is that the best way has had the opportunity to correct the erful and most successful nation on for our Federal Government to commit S3526 CONGRESSIONAL RECORD — SENATE April 23, 1998 these hard-earned tax dollars? Should ports, and to the array of infrastruc- tinued role of public education, rec- we provide that kind of tax relief, as ture challenges we have—and I am a ognizing, as we do, the need to move laudable as the intentions might be strong supporter of the effort to do beyond the status quo and fundamen- and as a different an approach as it that—we ought to be committing to in- tally and radically find ways in which might be? Certainly we want to encour- frastructure for the most important to improve upon the tradition of public age saving. Certainly we want to find part of our population, our children. education in this country? Do we do ways to reduce the overall cost to all You want to change the status quo? We that? Or do we privatize education? Do American families of education. The should have voted to support the we privatize it and take away whatever question is, is this the right way? Is Moseley-Braun amendment. You want role the people of the United States this the best way? to support change in the status quo? have when we consider our educational There are those who have argued We should have supported the after- challenges in the years ahead? That is that if you do not favor the status quo, school program supported and offered the question. that this is the approach we ought to by the distinguished Senator from Cali- I hope our colleagues will vote a re- be subscribing to. Mr. President, I have fornia. You want to change the status sounding no on final passage of this to say, probably of all the things that quo? We should have recognized that bill. have been said on the Senate floor with we have to go out and find over 100,000 I yield the floor. regard to this issue and this debate, new teachers in the next 3 years. That Mr. ROTH. Mr. President, I’m pleased this is the one which perhaps I feel is real change in the status quo. that we are moving toward passage of most vehement opposition to. Now our Republican colleagues have this significant bill. The importance of I am an ardent opponent of the status come back with proposals of their own giving American families the resources quo in many respects. I oppose simply to change the status quo. As the senior and means they need to educate their accepting our current situation as fact. Senator from Massachusetts has just children must be above politics. We know that there are things we can acknowledged, the real question now Before I get into the specific benefits do, that we must do. In an information is, do we privatize public education? of the bill, let me remind my col- age, we cannot be content to simply sit Because that is exactly what we will do leagues that with the exception of sev- back and say, yes, this is the best we if this bill passes and is signed into eral school construction bond provi- can do. We can’t be content when we law. We would privatize public edu- sions—which were newly added this are not number one when it comes to cation. year—all of the concepts in this bill math and science. We can’t be content So while we started out with a bill should be very familiar. when we know that there are people that promised to do very little, we Mr. President, these concepts should who are not getting a good education have ended up with one that would do be familiar because we have already because we have not made the right real damage. We’ve gone from doing al- endorsed them. The base provisions in commitments. most nothing for public education to the bill—which include the increase in I defy anyone to challenge those of us doing serious damage to the fundamen- the maximum allowable contribution who believe there is a better way than tal appreciation of the importance in to an education IRA, the use of the IRA the underlying bill that somehow we democracy of education as we have for elementary and secondary school are defending the status quo, because known it for 200 years. We do damage. expenses for public and private schools, that could not be further from the If this legislation was ever signed into the tax-free treatment of state spon- truth. As evidence of that, I guess I law, we would do serious damage, be- sored prepaid tuition plans, and the ex- would suggest, No. 1, that you look at cause we would abolish the promise of tension of tax-free treatment for em- the array of amendments that we have universal education for the people of ployer provided educational assist- offered that would have changed the the United States as we have known it. ance—all received bipartisan support status quo, beginning with, first and This promise has been largely respon- from the Senate as part of the Tax- foremost, the single most consequen- sible for the democracy that we have payer Relief Act of 1997. tial reduction in property tax that we enjoyed with all of its richness. We Despite this Senate support, these have considered on the Senate floor, at would abolish all remedial education provisions were dropped from the bill least in my lifetime. As much as $10 for disadvantaged children. We would during conference negotiations. Be- billion in potential property tax relief abolish safe and drug-free schools. We cause of opposition from the Adminis- could have been part of this legislation. would abolish the opportunities for tration, these particular elements In my state of South Dakota, we could schools to come to the people of the failed to be included in the final ver- have reduced property taxes by as United States asking for assistance to sion of the Taxpayer Relief Act of 1997. much as $25 million. If we had passed acquire new technology in their class- Today we will show our commitment the Moseley-Braun amendment, we room. We would abolish Goals 2000, to these provisions—and to enact what could have relieved the burden on state which would set some goals for the this body has already determined and local taxes, including property whole country to achieve as we recog- makes good sense for American fami- taxes, by $10 billion. We didn’t have the nize the importance of the information lies. votes. The majority voted against re- age. We would abolish teacher training Mr. President, it is important to note ducing property taxes by $10 billion. I in math and science. We would abolish that this tax bill is not designed to an- want to change the status quo. That magnet schools. We would abolish swer all of the education-related issues would have done it. That would have school-to-work. We would abolish the that face this country. Those issues are done it, in addition to recognizing the ability to use voluntary national too varied and complicated to be ad- fact that three out of four school dis- achievement tests in order to empower dressed by the federal government. tricts in this country have at least one parents to find out just how their stu- They need to be solved at the state and school that is in dire need of repair. dents are doing. The abolition of all of local level—by schools, teachers, and I spoke to people in a school district those tools and more are incorporated parents working together. not long ago who shared with me the in what we are about to pass tonight. Instead, this bill is designed to build fact that, when the winds in South Da- Mr. President, this is a lost oppor- on the innovative concepts that have kota exceed 40 miles an hour, the tunity. Yes. But far more than that, been introduced in the last few years. school has to be evacuated. When the during the debate on this bill, we have Our goal is to improve the tax code so winds in South Dakota exceed 40 miles gone from doing little to doing dam- that it provides the necessary incen- an hour, they have to go home. We had age—damage to our public educational tives to help American families help a chimney that fell through the third system, damage to the opportunities their children. These are much needed floor of one of our schools in Hartford, that children all over this country tools. SD. I could go on and on. ought to have when they walk into a Over the past 15 years, tuition at a The fact is, we have an incredible classroom. We would abolish the na- four year college has increased by problem with regard to infrastructure. tional role in public education. 234%. The average student loan has in- While we legitimately commit, as we So the question tonight that we must creased by 367%. In contrast median must, to highways, to bridges, to air- ask ourselves is, do we support the con- household income rose only 82% during April 23, 1998 CONGRESSIONAL RECORD — SENATE S3527 this period and the consumer price As I have already mentioned, forty- The provision in the Coverdell bill in- index rose only 74%. four states have pre-paid tuition plans creases the small issuer exception to Our students—our families—need in effect, and the other six are in the $15 million, provided that at least $10 these resources to help them meet the process of implementing such plans million of the bonds are issued to fi- costs and realize the opportunities of a This means that every member of the nance public schools. quality education. The Senate recog- Senate has parents and students back Mr. President, it is clear that the nized the importance of these provi- home who either benefit from this plan Coverdell bill contains numerous im- sions less than one year ago, voting in right now, or will benefit from this portant provisions for the American favor of them. I hope that my col- plan soon. family. As I have said already, many of leagues continue to recognize just how Mr. President, the Coverdell bill also these measures are ones that the Sen- important they remain. The American extends tax-free treatment of employer ate passed last year. people are counting on us. provided educational assistance for Anyone—students or parents—who is The various provisions of this bill are graduates and undergraduates through on the front line dealing with the costs important measures that will aid our the year 2002. of a quality education, must have been students and parents. This particular program is a time- disappointed last year when we failed The first major change in this bill in- tested and widely used benefit for to give them all the tools that they creases the maximum education IRA working students. Over one million needed. American families understand contribution from $500 to $2,000. That workers across America receive tax- the need for these measures. They have increase is important on two levels. free employer provided education. This now been waiting for a year. I am First, with the well-documented in- allows them to stay on the cutting pleased today that we will, once again, crease in education costs, it is essen- edge of their careers. It benefits not address the needs of American families tial that we provide American families only them, individually, but their em- and students. I urge my colleagues to with the resources to meet those costs. ployers and the economy as a whole. support the Coverdell bill. I have long argued that it is essential With the constant innovations and ad- Mr. COVERDELL addressed the to change the savings habits of the vancing technology of our society, it is Chair. American people, and there are few vitally important that we continue The PRESIDING OFFICER. The Sen- things more important than the edu- this program. ator from Georgia. cation of their children. Not only will The various provisions that I have Mr. COVERDELL. Mr. President, I saving in this way increase our invest- just described are all ones that mem- thank my colleagues on the other side ment capital, it will increase Ameri- bers of this body approved last year. of the aisle who made so many elo- can’s education capital as well. Any- They made sense then. They certainly quent statements on behalf of the un- thing that thwarts either of these ob- continue to make sense today. derlying bill. As is obvious, this has jectives is short-sighted. Mr. President, the Coverdell bill does not been easy for them. They have been By using the tax code to encourage even more than address the costs of at- at odds with their Members in the cau- individual responsibility for paying for tending school. In response to concerns cus. We all understand that takes con- educational expenses, we all benefit. from Members on both sides of the siderable courage. The Senator from The expansion of the education IRA aisle, the Finance Committee agreed Delaware, who explained the dilemma will result in greater opportunities for on some measures to provide targeted that he faced—and that I accept, but I individuals to save for their children’s education. relief in the area of school construc- appreciate his comity and the efforts Mr. President, the next major change tion. to work through this long journey very that this bill makes to education IRAs The first provision is directed at high much, even though he cannot vote with is that it allows withdrawals for edu- growth school districts. It expands the us at this point. cation expenses for elementary and tax-exempt bond rules for public/pri- To my adversary, the other manager, secondary schools and for both private vate partnerships set up for the con- it has been a very civil debate. We even and public schools. struction, renovation, or restoration of ended up in agreement on the reading As we recognized last year, it is a public school facilities in these dis- excellence amendment. I appreciate fundamental principle that a parent tricts. In general, it allows states to the comments that came. should have the right and the ability to issue tax-exempt bonds equal to $10 per I would particularly like to associate make decisions about his or her child’s state resident. Each state would be myself with the remarks of the distin- education—to decide basic questions guaranteed a minimum allocation of at guished Senator from West Virginia, a such as how the child should be edu- least $5 million of these tax-exempt very moving statement. It reminded cated and where the child should at- bonds. In total, up to $600 million per me of my father. That is another rela- tend school. year in new tax exempt bonds would be tionship. He began his career as a coal This bill recognizes that just like for issued for these innovative school con- truck driver in the Midwest. But when secondary schools, we should not estab- struction projects. the Senator from West Virginia de- lish a priority system where some ele- This provision is important because scribed the schoolroom in which that mentary and secondary schools are fa- it retains state and local flexibility. It excellent mind of his was educated, I vored over others. We should not forget does not impose a new bureaucracy on wish everyone could have heard it. that it is the taxpayer who funds the the states and it does not force the fed- While we all want excellent facilities, education IRA—that it is the parent eral government to micro-manage it isn’t necessarily the key component who puts his or her hard-earned money school construction. in education. His came from a two- into the education IRA. Mr. President, there is a second bond room building with two buckets of Mr. President, it seems a matter of provision in this bill. That provision is water. My dad’s was one room. It like- common sense, therefore, that the par- designed to simplify the issuance of wise had no heat nor facilities. But ent should be able to choose how to bonds for school construction. Under that is for another day. I would admon- spend that money. current law, arbitrage profits earned ish everybody to read the speech, Mr. President, another provision in on investments unrelated to the pur- though. this bill makes state-sponsored prepaid pose of the borrowing must be rebated Mr. President, the underlying bill is tuition plans tax-free, not simply tax- to the Federal government. However, focused on children. In all these de- deferred. This is a significant distinc- there is an exception—generally re- bates, sometimes it is buildings, it is tion, because it allows students to ferred to as the small issuer excep- tax policy, but at the end of the day withdraw the savings that accumulate tion—which allows governments to what we are talking about is the desire in their pre-paid tuition accounts with- issue up to $5 million of bonds without of all of us to have the youth of our out paying any tax at all. It means being subject to the arbitrage rebate country be given a chance to fully par- that parents have the incentive to put requirement. We recently increased ticipate in the greatest democracy in money away today and their children this limit to $10 million for govern- the history of the world. have the full benefit of that money, ments that issue at least $5 million of At one point in the debate I indicated without any tax, tomorrow. public school bonds during the year. that an uneducated mind is not capable S3528 CONGRESSIONAL RECORD — SENATE April 23, 1998 of enjoying the full benefits of Amer- Mr. President, I know we have had Harkin Landrieu Reid Hollings Lautenberg Robb ican citizenship and an uneducated our differences. I think this is the be- Inouye Leahy Rockefeller people cannot and will not remain free. ginning of a long debate. It could be Jeffords Levin Sarbanes A core stanchion of American liberty upwards to a decade. I am pleased that Johnson Mikulski Specter envisions a citizen who can think well the minority leader has agreed that the Kennedy Moseley-Braun Wellstone Kerrey Moynihan Wyden and participate. When we deny them status quo is unacceptable. If we have Kerry Murray those opportunities, as the Senator at least achieved that, it has been a Kohl Reed from West Virginia indicated we have major breakthrough. NOT VOTING—1 been doing in growing numbers, we are In closing, I thank all of my col- McCain condemning these people to something leagues on both sides of the aisle for an less than full American citizenship. incredible amount of patience. The The bill (H.R. 2646), as amended, was The first thing they are denied is eco- hour is near. passed. nomic liberty. And when they are de- On behalf of the leader, for the infor- Mr. COVERDELL. I move to recon- nied economic liberty, which is the sec- mation of all Senators, these next two sider the vote. ond stanchion of American freedom, votes will be the last votes of the Mr. STEVENS. I move to lay that they are pushed to the periphery of so- evening. The Senate will convene to- motion on the table. ciety and before long they are pushed morrow at 10 a.m. and debate the State The motion to lay on the table was into those components of society that Department reorganization conference agreed to. are a risk to the safety of persons and report under the parameters of the con- f property, another component of Amer- sent agreement of March 31. However, ACKNOWLEDGING THE HISTORIC ican liberty. no votes will occur during Friday’s ses- NORTHERN IRELAND PEACE So at the center of maintaining our sion of the Senate. AGREEMENT democracy is the duty for each genera- On Monday, the Senate will debate tion to make sure that all of its youth The PRESIDING OFFICER. Under the NATO treaty beginning at 12 noon. the previous order, the Senate will re- are capable of participating in Amer- It is the leader’s hope that we will have ican citizenship. sume consideration of Senate Concur- vigorous debate and, hopefully, even rent Resolution No. 90. It has been alleged that public edu- have a few amendments offered on cation is being abandoned here. I would The Senate continued with the con- Monday. sideration of the concurrent resolution. like to point out that of the economic I announce to my colleagues that the underpinnings of this bill, over 90 per- The PRESIDING OFFICER. The next vote will occur at 5:30 p.m. on question is on agreeing to the concur- cent of it supports public education, Monday, April 27. whether it is school construction, rent resolution. The yeas and nays Mr. President, I ask for the yeas and whether it is assistance through an have been ordered. The clerk will call nays on final passage of the education education savings account to come to the roll. bill. students that attend public schools, The legislative clerk called the roll. The PRESIDING OFFICER. Is there a whether it is support of all of our pub- Mr. NICKLES. I announce that the sufficient second? There appears to be lic institutions in State prepaid tuition Senator from Arizona (Mr. MCCAIN), a sufficient second. policy, whether it is aiding employers the Senator from Utah (Mr. BENNETT), in continuing education for their em- The yeas and nays were ordered. and the Senator from Kansas (Mr. ployees. A very small component, al- The PRESIDING OFFICER. The bill BROWNBACK) are necessarily absent. beit a meaningful component, of the having been read the third time, the The PRESIDING OFFICER. Are there funding of this bill deals with helping question is, Shall the bill pass? The any other Senators in the Chamber de- families whose children are in private yeas and nays have been ordered. The siring to vote? schools. But it is simply wrong to char- clerk will call the roll. The result was announced—yeas 97, acterize this as abandoning public edu- The assistant legislative clerk called nays 0, as follows: cation. Far from it. It is one of the the roll. [Rollcall Vote No. 103 Leg.] most significant new energies behind Mr. NICKLES. I announce that the YEAS—97 Senator from Arizona (Mr. MCCAIN) is public education we have seen in a long Abraham Feinstein Lugar time here. necessarily absent. Akaka Ford Mack Just to reiterate—we talked about The PRESIDING OFFICER (Mr. AL- Allard Frist McConnell LARD). Are there any other Senators in Ashcroft Glenn Mikulski these children—there are about 53 mil- Baucus Gorton Moseley-Braun lion children in our elementary and the Chamber who desire to vote? Biden Graham Moynihan secondary schools. The Joint Tax Com- The result was announced—yeas 56, Bingaman Gramm Murkowski mittee has repeatedly said that 14 mil- nays 43, as follows: Bond Grams Murray Boxer Grassley Nickles lion American families will be bene- [Rollcall Vote No. 102 Leg.] Breaux Gregg Reed ficiaries of the savings account. That Bryan Hagel Reid YEAS—56 means nearly half of the entire popu- Bumpers Harkin Robb Abraham Faircloth Mack Burns Hatch Roberts lation in elementary and secondary Allard Frist McConnell Byrd Helms Rockefeller schools will receive some benefit. We Ashcroft Gorton Murkowski Campbell Hollings Roth also know that because of the work to Bennett Graham Nickles Chafee Hutchinson Santorum help prepaid State tuition, a million Bond Gramm Roberts Cleland Hutchison Sarbanes Breaux Grams Roth Coats Inhofe Sessions university students will be helped. And Brownback Grassley Santorum Cochran Inouye Shelby we know 250,000 graduate students will Burns Gregg Sessions Collins Jeffords Smith (NH) benefit from these programs that we Byrd Hagel Shelby Conrad Johnson Smith (OR) Campbell Hatch Smith (NH) Coverdell Kempthorne Snowe are talking about here today, that 1 Coats Helms Smith (OR) Craig Kennedy Specter million American employees will bene- Cochran Hutchinson Snowe D’Amato Kerrey Stevens fit from helping employers assist them Collins Hutchison Stevens Daschle Kerry Thomas in continuing education, and that at Coverdell Inhofe Thomas DeWine Kohl Thompson Craig Kempthorne Thompson Dodd Kyl Thurmond least 500 new schools in high-popu- D’Amato Kyl Thurmond Domenici Landrieu Torricelli lation areas and rural areas will be DeWine Lieberman Torricelli Dorgan Lautenberg Warner helped here. Domenici Lott Warner Durbin Leahy Wellstone This is a very large piece of legisla- Enzi Lugar Enzi Levin Wyden Faircloth Lieberman tion affecting literally millions of NAYS—43 Feingold Lott Americans across the country on the Akaka Bumpers Dorgan NOT VOTING—3 basic belief that an educated mind is Baucus Chafee Durbin an absolute essential requirement for Biden Cleland Feingold Bennett Brownback McCain Bingaman Conrad Feinstein full citizenship in this American de- Boxer Daschle Ford The concurrent resolution (S. Con. mocracy. Bryan Dodd Glenn Res. 90) was agreed to. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3529 The preamble was agreed to. The legislative clerk proceeded to nerships can work—it has set the The concurrent resolution, with its call the roll. standard for such partnerships. Much preamble, is as follows: Mr. GRASSLEY. Mr. President, I ask has changed since that bitter cold, S. CON. RES. 90 unanimous consent that the order for rainy day 5 years ago when the Holo- Whereas the people of Ireland have experi- the quorum call be rescinded. caust Museum was dedicated. enced civil conflict throughout their history The PRESIDING OFFICER. Without Before the museum opened, I under- with the latest phase, known as The Trou- objection, it is so ordered. stand that the most optimistic esti- bles, ongoing for the last thirty years; f mates were that 700,000 people a year Whereas this tragic history has cost the would walk through its doors. That MORNING BUSINESS lives of thousands of men, women, and chil- first year, and every year since, I am dren, and has left a deep and profound legacy Mr. GRASSLEY. Mr. President, I ask now told, 2 million visitors have come of suffering; unanimous consent that there now be a to the museum—5,000 people every day. Whereas the governments of the Republic period for the transaction of morning Before the museum opened, I well re- of Ireland and the United Kingdom have en- business. deavored for many years to facilitate a member that there were some who peaceful resolution to the conflict in North- The PRESIDING OFFICER. Without questioned whether it should be built ern Ireland; and such efforts, including the objection, it is so ordered. on the National Mall, since the Holo- 1985 Anglo-Irish Agreement, the 1993 Joint f caust did not take place in our coun- Declaration, and the 1995 New Framework COMMEMORATING THE U.S. try. for Agreement, were important milestones in HOLOCAUST MEMORIAL MUSEUM Today, the Holocaust Memorial Mu- guiding the parties toward a political agree- seum is a fundamental part of this ment; Mr. DASCHLE. Mr. President, today city. Not only does it belong on the Whereas the announced cessation of armed is a holy day, Yom Hashoah. It is a day Mall, but it gives a deeper meaning to hostilities in 1994 by the Irish Republican set aside every year to remember the Army and the Combined Loyalist Military the other great memorials there. Ask victims of the Holocaust. anyone who has been through the mu- Command created the opportunity for all-in- I had the privilege of starting this clusive political discussions to occur; seum and they will tell you. The Wash- Whereas representatives from Northern Yom Hashoah morning with an ex- ington Monument and the Lincoln Me- Ireland’s political parties, pledging to adhere traordinary group of people, the morial have never looked so beau- to the principles of non-violence, commenced Founders of the U.S. Holocaust Memo- tiful—and freedom and democracy have all-party talks in June 1996, and those talks rial Museum. Founders are men and never seemed as precious—as they do greatly intensified in the Spring of 1998 women from across America who have when you emerge from the darkness of under the chairmanship of former United given at least $1 million to the Holo- States Senator George Mitchell; that extraordinary building. caust Museum. Elie Weisel has said, ‘‘Survivors are Whereas the active participation of British This week, as we mark the fifth anni- Prime Minister Tony Blair and Irish understood by survivors only. They Taoiseach Bertie Ahern was indispensable to versary of the opening of the museum, speak in code. All outsiders could do the success of negotiations; it seems an especially appropriate time was come close to the gates.’’ That is Whereas the support and encouragement to recognize the incredible gift the what the Holocaust Memorial Museum for the Northern Ireland peace process by Founders, and all the museum’s sup- allows us to do: to come close to the President Clinton, on behalf of the United porters, have given our nation. gates; to see; to grieve; and, finally, to States, was also an important factor in the We are indebted to them all—particu- learn, so that we can pass the knowl- success of the negotiations; larly to Miles Lerman, chairman of the Whereas on April 10, 1998, the political par- edge on from, generation to generation, museum council, and Ruth Mandel, the about what can happen when intoler- ties, together with the British and Irish Gov- council’s vice chair, and to my dear ernments successfully concluded the North- ance and hatred are allowed to spread ern Ireland Peace Agreement; friend Abe Pollin, the chairman of this unchecked. Whereas people throughout the island will year’s Founders Reunion. Elie Weisel is right. We cannot walk have an opportunity to approve or reject the One of the sages of the Torah told us on the shoes of the victims, or the sur- final agreement during the May 22 referen- more than 200 years ago that God could vivors. But we can see their shoes— dums; have created plants that would grow that heartbreaking room full of dress Whereas the British and Irish Governments loaves of bread. Instead, he created shoes and work boots and baby shoes. have committed to making the necessary wheat for us to grow and mill and And it is one of the many paradoxes of constitutional and other legal changes nec- transform into bread. Why? Because He essary to bring the agreement into effect the museum, that in looking at some- after the referendum approval processes have wanted us to be able to take part in the thing as simple as those shoes, we can been concluded: Now, therefore, be it miracle of creation. begin to feel the profound tragedy of Resolved by the Senate (the House of Rep- That is what the Holocaust Museum that terrible time. resentatives concurring), that it is the sense of Founders have done. They used stone Anyone who has been there knows, the Congress that— and steel and sacred artifacts, rather the Holocaust Museum is not an easy (1) All of the participants in the negotia- than wheat. But they have unquestion- place to visit. The images in it are not tion deserve congratulations for their will- ably experienced the miracle of cre- images of beauty, but of incomprehen- ingness to make honorable compromises in ation. sible evil. People always spend longer order to reach an agreement that promises Simon Dubrow, the great Jewish his- in the museum than they expect. And to end the tragic cycle of violence that has torian, was one of the 6 million Jews dominated Northern Ireland for decades; they leave shattered. But they also (2) Prime Minister Tony Blair and murdered in the Holocaust. He was leave changed. It is one of the few mu- Taoiseach Bertie Ahern deserve particular killed in the Latvian ghetto of Riga by seums in the world that has the capac- credit for their leadership and constant en- a Gestapo officer who had once been his ity to change people fundamentally. couragement in support of the peace process; student. His dying words were It teaches many lessons. One of the (3) The American people can be especially ‘‘Schreibt und farschreibt.’’ ‘‘Write and most profound lessons is about the hor- proud of the contributions made by the record.’’ He believed to the end that rors that can be unleashed when we United States in the quest for peace, includ- truth and memory ultimately would deny the basic humanity of even one ing President Clinton’s vision and deter- triumph over the evil of the Holocaust. mination to achieve peace in Northern Ire- person. Another is what can happen to land and his personal commitment to remain Through the leadership and generos- democracy when we are not vigilant in an active supporter throughout the process; ity of the Holocaust Museum Founders, its protection. (4) All friends of Ireland owe a lasting debt his prediction has come true. Many in The museum also teaches us about of gratitude to Senator George Mitchell for Congress remain in awe of the fact that the necessity of leadership dedicated to his dedication, courage, leadership, and wis- the U.S. Holocaust Memorial Museum preventing intolerance, hatred and op- dom in guiding the peace talks to a success- has raised $320 million since its incep- pression. For members of Congress, ful conclusion. tion. That’s a part of the museum’s that is an especially important lesson. Mr. GRASSLEY. Mr. President, I story that isn’t fully known or appre- And the presence of the museum on the suggest the absence of a quorum. ciated. mall is a constant reminder of it. The PRESIDING OFFICER. The The Holocaust Museum has not only Perhaps the most dramatic example clerk will call the roll. demonstrated that public/private part- of its influence on Congress was 2 years S3530 CONGRESSIONAL RECORD — SENATE April 23, 1998 ago, when we debated how the United 90TH ANNIVERSARY OF THE ARMY mitment to education. He pushed state States should respond to the horrors in RESERVE OF THE UNITED STATES lawmakers to provide more money to Bosnia. There were times during that Mr. THURMOND. Mr. President, for schools and laid the foundation that debate when it was as if the victims of the past week, the United States Army has helped make the North Carolina the Holocaust were looking down from Reserve has had a number of events to higher education system one of the the Senate galleries, reminding us of help celebrate the 90th anniversary of best in the world. As a true intellectual the moral imperative: Never again. I their founding. Appropriately, the and lover of the humanities, Terry doubt we would have felt their presence United States Senate, led by Senator Sanford understood the importance of so strongly, had it not been for the mu- Helms who was joined by 28 of our col- ideas for their own sake. But he also seum. leagues, passed a resolution last night was a practical man, and he realized that a well-educated populace is cru- But evil is not always as obvious as commending the Army Reserve and its cial to attracting new corporations and it was in Bosnia, or Rwanda, or Pol citizen-soldiers on an impressive herit- creating good jobs. Thanks to his vi- Pot’s Cambodia. The Holocaust Mu- age and on the invaluable contribu- seum reminds us that the early warn- sion, North Carolina now is home to tions they have made to keeping the ing signs are more subtle—and, often, one of the best-educated populations in United States free and safe. the nation, and it is a leader in creat- closer to home. That lesson is particu- As a former Army Reservist, I was ing high-paying, high-tech jobs. larly important for people who are en- naturally interested in reading this trusted to write the laws that guide From 1969 to 1985, Senator Sanford resolution and I am certain you can was President of Duke University. He this great nation. imagine my surprise when I discovered When you walk down that first long, was one of that institution’s most vig- that it was also a tribute to me and the dark corridor, and see the step-by-step orous and successful presidents, inspir- service I rendered the United States as dismantling of German democracy, you ing loyalty and love among faculty and a Soldier. I was, and am, humbled and understand in a deeper way why we students and helping the University in- flattered by this very touching gesture, must never again allow books to be crease its endowment and improve its burned, or laws to be written that per- you have touched the heart of this old resources. As President of Duke, Terry mit discrimination and expropriation. ‘‘trooper’’, and I thank each of you for Sanford did great things for not just The last time I visited the museum I your kind act. the students, but all the people of stopped on the way out to read what I join each of you in commending all North Carolina. Under his hand, Duke people had written in the ‘‘comments’’ those who have served in the Army Re- joined North Carolina State and the book. None of the comments was very serve throughout its 90-year history, University of North Carolina as part of long. The museum has a way of leaving particularly those men and women who the vaunted Research Triangle, which many people without words for a while. serve today. In this era of skrinking has generated high-tech jobs for North Among the short messages, there force structure and defense budgets, we Carolina and helped the state secure a were two that especially stood out. will increasingly rely on our reserve reputation as one of the best locations Both were written in what appeared to forces to meet the security and foreign in the country for companies and their be the handwriting of teenage girls. policy goals of the United States. We workers. President Sanford dedicated One said, ‘‘The museum taught me the should be grateful that there is no himself completely to Duke; he was meaning of democracy.’’ The other said shortage of patriotic Americans willing driven to serve the school by the same simply, ‘‘I will remember this for the to endure the hardships and demands of passion for education and material and rest of my life.’’ What an extraordinary reserve service, we are all better off intellectual progress which had guided gift the Founders have given those their efforts. I am certain that I speak his governorship. young women, and everyone else who for the entire Body when I say that we Discontent with the direction in has visited these first 5 years! appreciate and value the work and con- which our nation was headed and the I understand the museum is now tak- tributions of the Soldiers of the Army seemingly intractable problems that ing advantage of the Internet and other Reserve and stand ready to assist them had beset the political process drove new technologies so that people in my however we can. Senator Sanford to offer himself for home state of South Dakota, and all f the Democratic nomination for Presi- over the world, can ‘‘visit,’’ even if dent in 1972 and 1976. Although both his IN HONOR OF FORMER SENATOR they can’t come to Washington. I’ve candidacies were unsuccessful, Terry TERRY SANFORD been told the website gets 100,000 hits a ran with conviction and courage. day! That’s most impressive. Mr. HOLLINGS. Mr. President, Above all, he ran to oppose those who By reaching out in this way, the mu- today, as it has for the past three days, offered no alternative to confusion seum is not only fulfilling our moral the South mourns the passing of one of other than darkness, who would have responsibility to ‘‘write and record’’ its greatest leaders. Terry Sanford, replaced idealism with cynicism, and the story of the Holocaust and its vic- former Governor of and United States who practiced the politics of division tims. It is also creating a stronger Senator from North Carolina, passed rather than unity. America. And, in the process, it is rede- away on Saturday, April 18, 1998. Terry Sanford achieved national of- fining what museums, and public-pri- From 1961 to 1965, Governor Sanford fice in 1986, when the people of North vate partnerships can be, and what forged a remarkable record as one of Carolina elected him to the United they can accomplish. America’s most progressive governors. States Senate. During his term, Sen- The poem that is written on the wall His great passions were education, civil ator Sanford was one of the ablest and behind the shoes declares, ‘‘We are the rights, and social justice. Perhaps his most conscientious legislators this shoes. We are the last witnesses.’’ In bravest act as Governor, and the one body has ever seen. He maintained his the 5 years since the museum opened, that posed the greatest political risk, well-deserved reputation for decency, 10 million new witnesses have been cre- was to encourage the people of North integrity, and intelligence; continued ated—one for every person who per- Carolina to accept the winds of change to show great interest in education and ished in the Holocaust. Five years from that swept the South during the 1960s. social policies; and never flagged in his now, there will be 10 million more. In a 1963 speech, for example, he im- commitment to the public good. And, like the young woman who signed plored the people of North Carolina to After being narrowly defeated for re- the book, each of them will be remem- end job discrimination against blacks election in 1992, Senator Sanford re- bered for the rest of their lives. and announced the creation of a bira- turned to Duke University, where he The Founders, and all the supporters cial panel, the North Carolina Good taught courses on public policy and of the Holocaust Museum, have indeed Neighbor Council, to work toward that government. As an outstanding educa- taken part in the creation of some- end. He also appointed many black tor, he continued to enrich his stu- thing very, very rare. Today, on this North Carolinians to important posi- dents’ lives and devote himself to the holy day of Yom Hashoah, as we re- tions in his administration and pub- dissemination of knowledge. member the victims of the Holocaust, licly supported school integration. Mr. President, Terry Sanford’s death the Congress and the people of the The other hallmark of Governor is a loss for North Carolina, this na- United States thank them. Sanford’s administration was his com- tion, and this Senate. He embodied the April 23, 1998 CONGRESSIONAL RECORD — SENATE S3531 best of public service and education. Imagine what North Carolina would be like ing nearly 31⁄2% of the total Army Re- His tremendous accomplishments were without the community college system or serve Force. I am particularly proud of recognized and appreciated for over 30 the School of the Arts. Imagine no Terry the fact that we have the 81st Regional years by the people of North Carolina. Sanford. Support Command and the 87th Divi- Imagine what North Carolina would be like Increasingly, they have been recog- had he not set national excellence as the sion (Exercise) headquartered in Bir- nized throughout the nation as well. In goal for this great university—and for that mingham, a unit which commands and 1981, for example, a Harvard University other one just up the road. Imagine no Terry controls soldiers in a number of sur- study named Terry Sanford one of the Sanford. rounding southern states. ten best governors in the nation in this Imagine what North Carolina’s schools Like any major element of the century. This was high praise, but would be like if a great Governor hadn’t had Armed Forces, America’s Army Re- Terry surely deserved it. the courage to pass a tax for school improve- serve has a great history. Let me share With his passing, our nation has lost ments—an act of courage that cost his own just a small portion of that history: political ambitions dearly. Imagine no Terry one of its most tireless public servants. Created by statute on April 23, 1908, We in the Senate have lost a cherished Sanford. It is truly unimaginable. You cannot imag- first of the Federal reserve forces cre- colleague and loyal friend. Fortunately ine North Carolina without Terry Sanford. ated by Congress, a trained and ready for us all, Terry Sanford’s legacy will Forty years ago, no one could have imag- force of citizen soldiers bringing rel- live on in the educational institutions ined what North Carolina would become. evant skills into the military, an inte- of North Carolina to which he gave so No one, that is, but Terry Sanford. gral part of today’s global power pro- much and in the example he set for He once wrote: jection strategy, a force which deploy’s those of us who aspire to public serv- ‘‘The governor, by his very office, embodies 20,000 reservists to 50 countries annu- his state. He stands alone at his inaugura- ice. ally, a force which has mobilized and Mr. President, of everything that has tion as the spokesman for all the people. His presence at the peak of the system is unique, deployed 70% of the reserve forces to been said and written about our dear Bosnia for Operation Joint Guard, a friend Terry Sanford, no one has said it for he must represent the slum and the sub- urb, his concerns must span rural poverty force which contributed over 90,000 sol- better than Governor Jim Hunt of and urban blight. The responsibility for ini- diers to Operation Desert Storm, one of North Carolina, in the eulogy he deliv- tiative in statewide programs falls upon the which was my Chief of Staff, Armand ered at Senator Sanford’s funeral. At governor. He must energize his administra- DeKeyser, and a force which is found in this time, Mr. President, I ask unani- tion, search out the experts, formulate the all 50 states, U.S. territories, in Europe mous consent that Governor Hunt’s eu- programs, mobilize and support and carry and in the Pacific region. logy be printed in the RECORD. new ideas into action.’’ There being no objection, the eulogy Terry, you set the goals and our sights Mr. President, we have much to be was ordered to be printed in the very high. So high that we often wonder if proud of in America tonight. We can we can meet your standard. But your good add to that list the United States RECORD, as follows: works, your words and your spirit tell us Army Reserve whose birthday we EULOGY BY GOV. JIM HUNT AT THE MEMORIAL every day, in every way, that the goal can be quietly celebrate. Happy Birthday to SERVICES FOR TERRY SANFORD, APRIL 22, 1998 ours. That the struggle is worth it. In the words of a great Methodist hymn: the men and women of the Army Re- When we leave today, we will leave the serves. Men and women who quietly ‘‘Oh, for a thousand tongues to sing our body of our hero in this chapel. We leave it Great Redeemer’s praise.’’ here because no other structure is suffi- man the ramparts of freedom. You are Indeed, our thousand tongues are here ciently magnificent to serve as the final always there when America needs you. today to praise our Redeemer and one of His resting place for a life as magnificent as his. For this act of selfless devotion, we as most magnificent gifts to the people of our But while we leave his body here to rest, a nation ought to be truly grateful. state and our nation. the evidence of his good works is and will be I know that I speak for many of you when everywhere around us—in the institutions he I say very simply: Terry Sanford was my f led, in the innovations he championed, in the hero. individuals he touched and, most of all, in I’m sure that Terry Sanford has already THE VERY BAD DEBT BOXSCORE has his orientation with the Lord. And it is the spirit of everyone here today and every- not a one way conversation. And I suspect one in this state. And so it will be for every MR. HELMS. Mr. President, at the that by now he has almost certainly given generation yet to come. close of business yesterday, Wednes- the Lord a few good ideas for improving For all that North Carolina has become day, April 22, 1998, the federal debt and will be, Terry, we thank you. Heaven. stood at $5,521,690,068,621.47 (Five tril- At a time when we struggle about whether God bless this place. God bless this family. government should act, let us remember the And thank God for the magnificent blessing lion, five hundred twenty-one billion, words of an uncommon man who could think of giving North Carolina Terry Sandord. six hundred ninety million, sixty-eight great thoughts and make them a reality. In f thousand, six hundred twenty-one dol- one of his books, Terry wrote: lars and forty-seven cents). ‘‘Indeed, if government is not for the ex- 90th ANNIVERSARY OF THE One year ago, April 22, 1997, the fed- press purpose of lifting the level of civiliza- UNITED STATES ARMY RESERVE eral debt stood at $5,340,281,000,000 tion by broadening the opportunities in life Mr. SESSIONS. Mr. President, I rise (Five trillion, three hundred forty bil- for its people, what is its purpose?’’ And he added: this evening to congratulate the lion, two hundred eighty-one million). ‘‘Government is not something passive, not United States Army Reserve on its 90th Five years ago, April 22, 1993, the fed- our kind of government. It has built into it anniversary and to recognize the con- eral debt stood at $4,228,121,000,000 the spirit of outreach, the concern for every tributions of my good friend STROM (Four trillion, two hundred twenty- individual. Look at the verbs in the Con- THURMOND who served in the Reserves eight billion, one hundred twenty-one stitution’s Preamble—establish, insure, pro- for 36 years. million). vide, promote, secure. All these connote ac- tion, and all suggest that we must con- Many of you know Senator THUR- Ten years ago, April 22, 1988, the fed- stantly be striving to improve the opportuni- MOND’s distinguished record in war and eral debt stood at $2,499,356,000,000 (Two ties of our people.’’ in peace and the contributions he has trillion, four hundred ninety-nine bil- And act he did. Strive to improve opportu- made to this institution. He, like the lion, three hundred fifty-six million). nities for our people he did. thousands of soldiers in the Army Re- Fifteen years ago, April 22, 1983, the Imagine what North Carolina would be like serves today, is an example of the best federal debt stood at $1,244,297,000,000 if we had not had Terry Sanford striving for us these many years. in America. (One trillion, two hundred forty-four Imagine what North Carolina would have Some years ago, I was a Judge Advo- billion, two hundred ninety-seven mil- been like in the 1960s if we had not had a cate General (JAG) officer in the lion) which reflects a debt increase of Governor who believed in bringing people of United States Army Reserve. I served more than $4 trillion— all races together. If we’d had a Governor for thirteen years in one of our 82 Ala- $4,277,393,068,621.47 (Four trillion, two like other states’ who appealed to the worst bama Reserve units and organizations, hundred seventy-seven billion, three rather than the best in us. Imagine no Terry located in one of 19 cities and in 24 Re- hundred ninety-three million, sixty- Sanford. Imagine what North Carolina would be like serve Centers spread across Alabama. eight thousand, six hundred twenty- without the Research Triangle Park. Imag- Today, Alabama is home to approxi- one dollars and forty-seven cents) dur- ine no Terry Sanford. mately 7000 Army Reservists represent- ing the past 15 years. S3532 CONGRESSIONAL RECORD — SENATE April 23, 1998 CHIEF HAROLD BRUNELLE OF THE CHILDREN’S MENTAL HEALTH agency center for sexually-abused chil- HYANNIS FIRE DEPARTMENT WEEK dren. Mr. ASHCROFT. Mr. President, I rise As Director of OVC, Aileen focused Mr. KENNEDY. Mr. President, the on assisting local and state crime vic- Hyannis Fire Department recently today to recognize Children’s Mental Health Week which will be held the tim programs around the country and honored Harold S. Brunelle of Hyannis improving crime victims services in by appointing him as Fire Chief. This week of May 4–10. ‘‘Putting Our Voices Together For Children’’ is the theme of the federal system. Aileen’s leadership honor is a well-deserved tribute to has helped over two million crime vic- Chief Brunelle, his 26-year career with 1998’s Children’s Mental Health Week. The Missouri Department of Mental tims across the country and around the the Department, and his commitment globe. In just this past year, OVC has to the community of Hyannis. Health and the Missouri Statewide Parent Advisory Network will serve as administered over $528 million and sup- Chief Brunelle was chosen after na- ported more than 2,500 victim assist- tion-wide competition for the position co-sponsors of the week; these organi- zations were instrumental in the estab- ance programs. of Fire Chief, and he was selected Aileen’s dedication has impacted lishment of the first ever Children’s unanimously for the position in a field rural areas such as Vermont. She has Mental Health Week in 1992. of 34 applicants. helped sharpen the focus on rural crime Children throughout the United and domestic violence and supported a Chief Brunelle joined the Hyannis States have been diagnosed with emo- rural crime initiative which will study Department in 1972 as a Junior Fire- tional and behavioral disorders. And and enhance services available to rural fighter and rose through the ranks be- yet, some estimate that only one third crime victims. cause of his great ability and dedica- of the children are able to receive prop- tion. His selection as Fire Chief dem- Among the victim assistance pro- er treatment and care. The reason for grams pioneered by Aileen was the es- onstrates the town’s confidence in Mr. Children’s Mental Health Week is to Brunelle and their faith in his able tablishment of the National Victim As- provide our communities with addi- sistance Academy last year. This Acad- service and leadership to the residents tional information and understanding of the community. emy provides training on victims’ of these disorders. The week serves to rights and services and draws upon ex- Hyannis and Massachusetts are proud help spread valuable information that of Harold Brunelle’s appointment as pertise of professionals ranging from will ultimately aid our children and law enforcement officers to rape crises Fire Chief. I congratulate him on this our future. distinction, and I look forward to counselors. Over 200 victim advocates During Children’s Mental Health and professionals have graduated from working closely with him in the years Week, green ribbons will be circulated ahead. the Academy and have taken their throughout cities to spread the mes- skills back to their communities, I ask unanimous consent that the an- sage of support for our children. Nu- where they continue outreach work for nouncement of Chief Brunelle’s selec- merous events will be hosted to honor the benefit of victims. tion by the Board of Commissioners of Children’s Mental Health Week, as well Under her leadership, a group of the Hyannis Fire District and an arti- as a two day conference for the spread international experts joined to draft a cle from the Barnstable Register on of further information on children with manual to implement the United Na- Chief Brunelle’s selection may be mental health problems. The week will tions Declaration of Basic Principles of printed in the RECORD. conclude with an awards ceremony to Justice for Victims of Crime and Abuse thank those who make a difference in of Power. Among other things, this f working for children with emotional manual is a step toward ensuring that and behavioral disorders. crime victims are treated fairly and TRIBUTE TO BONNIE SUE COOPER I would like to thank all the diligent that they are assisted throughout the workers who have dedicated their time globe. Mr. ASHCROFT. Mr. President, I rise and energy to help the children who I had the opportunity to work with today to recognize a tremendous indi- suffer from mental disorders. My best Aileen and the many dedicated mem- vidual who exemplifies citizenship, wishes of support and gratitude are ex- bers of her staff on a number of mat- character, and service to humanity, tended to the organizers of Children’s ters over the last few years. In the Missouri State Representative Bonnie Mental Health Week. aftermath of the bombing of the Sue Cooper. f Murrah Federal Building in Oklahoma On December 5, 1997, Missouri State City, Aileen and OVC were among Representative Bonnie Sue Cooper fin- THANKING AILEEN ADAMS FOR those immediately on the scene to pro- ished her tenure as the National Chair- HER SERVICE AS DIRECTOR OF vide assistance to the victims. To- woman of the American Legislative THE DEPARTMENT OF JUSTICE gether we have found ways to extend Exchange Council (ALEC). Representa- OFFICE FOR VICTIMS OF CRIME and expand that victims assistance tive Cooper accomplished a great deal Mr. LEAHY. Mr. President, this year over time and to enact legislation to during her tenure as Chairwoman of we have had to say farewell to Aileen allow victims and their families great- ALEC. She succeeded in strengthening Adams as she leaves the post of Direc- er opportunity to attend and observe ALEC’s policy-making operations. She tor of Department of Justice Office for the trials of those charged in connec- also heightened ALEC’s profile among Victims of Crime (OVC) and returns to tion with that horrendous crime. both legislators and the private sector. California. Three years ago, Aileen was We worked together on the Victims ALEC thanked Representative Cooper appointed by the President and con- of Terrorism Act that I added to the for her hard work by choosing her as firmed by the Senate. During her time bill passed by the Senate in June 1995, the 1997 recipient of the Thomas Jeffer- in Washington, I worked with Aileen in the wake of the Oklahoma City son Freedom Award. The gratitude be- and OVC on a number of matters and bombing, to improve our law recogniz- stowed on Representative Cooper for came to know Aileen as a dedicated ad- ing the rights and needs of victims of her excellent service and commitment vocate for crime victims. Her vision crime. We also worked on the Justice to principle is reflected in the award. and dedication have been extraor- for Victims of Terrorism Act that was Previous recipients of this prestigious dinary. Aileen will be sincerely missed, enacted in April 1996. We were able to award include former President Ronald although her legacy will benefit vic- make funds available through supple- Reagan. tims of crime for years to come. mental grants to the States to assist While Representative Cooper’s tenure Before coming to the Department of and compensate victims of terrorism as Chairwoman of ALEC has ended, her Justice, Aileen had served as the legal and mass violence, which incidents legacy to this important organization counsel for the Rape Treatment Center might otherwise have overwhelmed the of State Legislators lives on. It is an at Santa Monica Hospital for 10 years. resources of Oklahoma’s crime victims honor to commend Representative Coo- In that position, Aileen demonstrated compensation program or its victims per for her service to the American her leadership and innovation with the assistance services. We also filled a gap Legislative Exchange Council. creation of Stuart House, an inter- in our law for residents of the United April 23, 1998 CONGRESSIONAL RECORD — SENATE S3533 States who are victims of terrorism the Justice Department concluding The message further announced that and mass violence that occur outside that ‘‘Vermont’s programs are setting pursuant to the provisions of section the borders of the United States. the standard for outreach to under 704(b)(1) of Public Law 105–78, the Mi- In addition, we allowed greater flexi- served populations and service coordi- nority Leader appoints the following bility to our State and local victims’ nation among providers and allied pro- individual to the National Health Mu- assistance programs and some greater fessionals.’’ seum Commission: Dr. H. Richard certainty so that they can know that Aileen Adams has dedicated her serv- Nesson of Brookline, Massachusetts. our commitment to victims program- ice to the needs of crime victims. She At 5:38 p.m., a message from the ming will not wax and wane with has made a difference. She has im- House of Representatives, delivered by events. Accordingly, we enacted an im- proved federal programs for victims of Ms. Goetz, one of its reading clerks, an- portant provision to increase the base domestic violence, victims of terror- amounts for States’ victims assistance nounced that the Speaker appoints the ism, and crime victim assistance gen- following Members as additional con- grants to $500,000 and allowed victims erally. She has helped create a strong assistance grants to be made for a 3- ferees in the conference on the dis- funding source for crime victim com- agreeing votes of the two Houses on year cycle of programming, rather pensation and assistance programs. than the year of award plus one, which the amendment of the Senate to the She has worked to expand crime vic- bill (H.R. 2400) to authorize funds for was the limit contained in previous tims rights. Most importantly, she has law. We were able to raise the assess- Federal-aid highways, highway safety made a difference in the lives of crime programs, and transit programs, and ments on those convicted of federal victims all across the country. crimes in order to fund the needs of for other purposes; and appoints as ad- crime victims. f ditional conferees from the Committee on Commerce, for consideration of pro- We worked to improve the church MESSAGES FROM THE PRESIDENT burning legislation and to increase the visions in the House bill and Senate stability to victim assistance and vic- Messages from the President of the amendment relating to the Congestion tim compensation program funds. United States were communicated to Mitigation and Air Quality Improve- Aileen was helpful in consulting with the Senate by Mr. Williams, one of his ment Program; and sections 124, 125, me and other Senators on the Judici- secretaries. 303, and 502 of the House bill; and sec- ary Committee on the victims provi- EXECUTIVE MESSAGES REFERRED tions 1407, 1601, 1602, 2103, 3106, 3301– sions of S. 15, a youth crime bill, so As in executive session the Presiding 3302, 4101–4104, and 5004 of the Senate that the rights of victims of juvenile Officer laid before the Senate messages amendment and modifications commit- crime to appear, to be heard and to be from the President of the United ted to conference: Mr. BLILEY, Mr. BILI- informed would be protected. Those States submitting sundry nominations RAKIS, and Mr. DINGELL: Provided, that provisions have now been incorporated which were referred to the appropriate Mr. TAUZIN is appointed in lieu of Mr. in the juvenile crime bill ordered re- committees. BILIRAKIS for consideration of sections 1407, 2103, and 3106 of the Senate ported by the Judiciary Committee. (The nominations received today are amendment. In addition, Senator KENNEDY and I printed at the end of the Senate pro- incorporated a number of her sugges- ceedings.) f tions in S. 1081, the ‘‘Crime Victims As- f MESSAGES FROM THE HOUSE sistance Act.’’ That bill would reform RECEIVED DURING ADJOURNMENT the Federal Rules and Federal law to MESSAGES FROM THE HOUSE establish additional rights and protec- Under the authority of the order of At 4:06 p.m., a message from the tions for victims of federal crime. In the Senate of January 7, 1997, the Sec- particular, the legislation would pro- House of Representatives, delivered by retary of the Senate, on April 6, 1998, vide crime victims with an enhanced Mr. Hays, one of its reading clerks, an- during the adjournment of the Senate, right to be heard on the issue of pre- nounced that the House has passed the received a message from the House of trial detention, on plea bargains, at following bill, in which it requests the Representatives announcing that sentencing, on probation revocation, concurrence of the Senate: House disagrees to the amendment of and to be notified of a defendant’s es- H.R. 3164. An act to describe the hydro- the Senate to the bill (H.R. 2400) to au- cape or release from prison. The legis- graphic services functions of the Adminis- thorize funds for Federal-aid highways, lation goes further than other victims trator of the National Oceanic and Atmos- highway safety programs, and transit pheric Administration, and for other pur- programs, and for other purposes, and rights proposals that are currently be- poses. fore Congress by including enhanced agrees to the conference asked by the penalties for witness intimidation, an The message also announced that Senate on the disagreeing votes of the increase in Federal victim assistance pursuant to the provisions of section two Houses thereon; and appoints the personnel, enhanced training for State 801(b) of Public Law 100–696, and the following Members as the managers of and local law enforcement and officers order of the House of Wednesday, April the conference on the part of the of the Court, development of state of 1, 1998, the Chair announces the Speak- House: the art systems for notifying victims of er’s appointment of the following Mem- For consideration of the House bill important dates and developments in ber of the House to the United States (except title XI) and the Senate amend- their cases, and the establishment of Capitol Preservation Commission: Mr. ment (except title VI), and modifica- ombudsman programs for crime vic- DAVIS of Virginia. tions committed to conference: Mr. HUSTER, Mr. YOUNG of Alaska, Mr. tims. The message further announced that S I know that crime victim advocates pursuant to the provisions of section PETRI, Mr. BOEHLERT, Mr. KIM, Mr. in Vermont join me in thanking Aileen 801(b)(6) and (8) of Public Law 100–696, HORN, Mrs. FOWLER, Mr. BAKER, Mr. for her service. I was delighted that the Minority Leader appoints the fol- NEY, Mr. METCALF, Mr. OBERSTAR, Mr. Aileen could come to Vermont to key- lowing Member of the House to the RAHALL, Mr. BORSKI, Mr. LIPINSKI, Mr. note the restorative justice conference United States Capitol Preservation WISE, Mr. CLYBURN, Mr. FILNER, and in Vermont last June. Our Vermont ad- Commission: Mr. SERRANO of New Mr. MCGOVERN. vocates are well aware of the extraor- York. f dinary efforts at OVC and have worked The message also announced that MEASURES REFERRED pursuant to section 801 of Public Law with OVC to create greater opportuni- The following bill was read the first ties for rural programs. With support 100–696 (40 U.S.C. 188a), the Chairman of the Committee on House Oversight ap- and second times by unanimous con- from OVC, Vermont has been able to sent and referred as indicated: implement its victims programs for points the Honorable JOHN L. MICA of Florida to serve on the United States H.R. 3164. An act to describe the hydro- outreach to underserved populations graphic services functions of the Adminis- and coordinate among providers and al- Capitol Preservation Commission in trator of the National Oceanic and Atmos- lied professionals. the position reserved from the Chair- pheric Administration, and for other pur- I was especially proud when the re- man of the Joint Committee on the Li- poses; to the Committee on Commerce, cent site visit to Vermont resulted in brary. Science, and Transportation. S3534 CONGRESSIONAL RECORD — SENATE April 23, 1998 EXECUTIVE AND OTHER EC–4666. A communication from the Acting authorize the American Folklife Center of COMMUNICATIONS Assistant Secretary of Defense (Health Af- the Library of Congress; to the Committee fairs), transmitting, pursuant to law, a re- on Rules and Administration. The following communications were port relative to the maintenance medication S. 1972. A bill to reform the laws relating laid before the Senate, together with dispensing policy; to the Committee on to Postal Service finances, and for other pur- accompanying papers, reports, and doc- Armed Services. poses; to the Committee on Governmental uments, which were referred as indi- EC–4667. A communication from the Acting Affairs. cated: Assistant Secretary of Defense (Reserve Af- By Mr. BUMPERS (for himself, Mr. fairs), transmitting, pursuant to law, a no- CHAFEE, Mr. HOLLINGS, Mrs. BOXER, EC–4654. A communication from the Acting tice relative to the report on Reserve retire- Mr. TORRICELLI, and Mr. WELLSTONE): Assistant Secretary of Labor for Employ- ment initiatives; to the Committee on S. 1973. A bill to amend section 2511 of title ment and Training, transmitting, pursuant Armed Services. 18, United States Code, to revise the consent to law, the report of a rule entitled ‘‘Unem- EC–4668. A communication from the Acting exception to the prohibiton on the intercep- ployment Insurance Program Letter No. 07– Deputy Under Secretary of Defense (Logis- tion of oral, wire, or electronic communica- 98’’ received on April 20, 1998; to the Commit- tics), transmitting, pursuant to law, a report tions; to the Committee on the Judiciary. tee on Labor and Human Resources. relative to the Defense Logistics Agency; to By Mr. MURKOWSKI (for himself and EC–4655. A communication from the Direc- the Committee on Armed Services. Mr. STEVENS): tor, Regulations Policy and Management EC–4669. A communication from the Sec- S. 1974. A bill to amend the Internal Reve- Staff, Office of Policy, Food and Drug Ad- retary of Defense, transmitting, pursuant to nue Code of 1986 to exclude from gross in- ministration, Department of Health and law, the annual report on the Third Party come any Alaska Permanent Fund dividend Human Services, transmitting, pursuant to Collection Program for fiscal year 1997; to received by a child under age 14; to the Com- law, the report of a rule entitled ‘‘Medical the Committee on Armed Services. mittee on Finance. Devices’’ received on April 21, 1998; to the EC–4670. A communication from the Direc- By Mr. COVERDELL: Committee on Labor and Human Resources. tor of the Office of Small and Disadvantaged S. 1975. A bill to broaden eligibility for EC–4656. A communication from the Acting Business Utilization, Office of the Under Sec- emergency loans under the Consolidated Director of Communications and Legislative retary of Defense, transmitting, pursuant to Farm and Rural Development Act; to the Affairs, U.S. Equal Employment Opportunity law, a report relative to Department of De- Committee on Agriculture, Nutrition, and Commission, transmitting, pursuant to law, fense contracts and subcontracts; to the Forestry. a rule entitled ‘‘Indicators of Equal Employ- Committee on Armed Services. By Mr. DEWINE (for himself and Mr. ment Opportunity-Status and Trends’’; to EC–4671. A communication from the Acting LEAHY): the Committee on Labor and Human Re- Comptroller General of the United States, S. 1976. A bill to increase public awareness sources. transmitting, pursuant to law, the report of of the plight of victims of crime with devel- EC–4657. A communication from the Presi- a special impoundment message for fiscal opmental disabilities, to collect data to dent of the United States, transmitting, pur- year 1998; referred jointly, pursuant to the measure the magnitude of the problem, and suant to law, a report on the activities of order of January 30, 1975, as modified by the to develop strategies to address the safety U.S. Government departments and agencies order of April 11, 1986, to the Committee on and justice needs of victims of crime with relating to the prevention of nuclear pro- Appropriations, to the Committee on the developmental disabilities; to the Committee liferation for calendar year 1997; to the Com- Budget, to the Committee on Finance, and to on the Judiciary. mittee on Foreign Relations. the Committee on Foreign Relations. By Mr. D’AMATO (for himself and Mr. EC–4658. A communication from the Assist- f REID): ant Legal Adviser for Treaty Affairs, Depart- S. 1977. A bill to direct the Secretary of ment of State, transmitting the report of the REPORTS OF COMMITTEES Transportation to conduct a study and issue texts of international agreements, other a report on predatory and discriminatory than treaties, and background statements; The following reports of committees were submitted: practices of airlines which restrict consumer to the Committee on Foreign Relations. access to unbiased air transportation pas- EC–4659. A communication from the Assist- By Mr. HATCH, from the Committee on senger service and fare information; to the ant Secretary of State (Legislative Affairs), the Judiciary, with an amendment in the na- Committee on Commerce, Science, and transmitting, pursuant to law, a report rel- ture of a substitute: Transportation. ative to economic and political trans- S. 1360. A bill to amend the Illegal Immi- By Mr. DOMENICI (for himself and Mr. gration Reform and Immigrant Responsibil- formations of countries of Central and East- BINGAMAN): ern Europe after the collapse of the com- ity Act of 1996 to clarify and improve the re- S. 1978. A bill to designate the auditorium munist system for fiscal year 1997; to the quirements for the development of an auto- located within the Sandia Technology Trans- Committee on Foreign Relations. mated entry-exit control system, to enhance fer Center in Albuquerque, New Mexico, as EC–4660. A communication from the Chief, land border control and enforcement, and for the ‘‘Steve Schiff Auditorium’’; to the Com- Regulations Division, Bureau of Alcohol, To- other purposes. mittee on Energy and Natural Resources. bacco, and Firearms, Department of the S. 1504. A bill to adjust the immigration By Mr. CAMPBELL (for himself and Treasury, transmitting, pursuant to law, the status of certain Haitian nationals who were Mr. FAIRCLOTH): report of a rule received on April 15, 1998; to provided refuge in the United States. S. 1979. A bill to ensure the transparency of the Committee on Finance. f International Monetary Fund operations; to EC–4661. A communication from the Chief, the Committee on Foreign Relations. Regulations Unit, Internal Revenue Service, EXECUTIVE REPORTS OF By Mr. BREAUX: Department of the Treasury, transmitting, COMMITTEES S. 1980. A bill to amend the Internal Reve- pursuant to law, the report of Revenue Rul- The following executive reports of nue Code of 1986 to allow certain coins to be ing 98:23 received on April 21, 1998; to the committees were submitted: acquired by individual retirement accounts Committee on Finance. and other individually directed pension plan By Mr. HATCH, from the Committee on EC–4662. A communication from the Chief, accounts; to the Committee on Finance. the Judiciary: Regulations Unit, Internal Revenue Service, By Mr. HUTCHINSON (for himself, Mr. Wilma A. Lewis, of the District of Colum- Department of the Treasury, transmitting, LOTT, Mr. NICKLES, Mr. COVERDELL, bia, to be United States Attorney for the pursuant to law, the report of Notice 98:23 re- Mr. MACK, Mr. FRIST, Mr. ENZI, Mr. District of Columbia for the term of four ceived on April 15, 1998; to the Committee on BOND, Mr. SESSIONS, Mr. ROBERTS, years. Finance. James K. Robinson, Michigan, to be an As- Mr. ALLARD, Mr. HAGEL, and Mr. EC–4663 A communication from the Sec- sistant Attorney General resigned. HELMS): retary of Health and Human Services, trans- S. 1981. A bill to preserve the balance of mitting, pursuant to law, a report entitled (The above nominations were re- rights between employers, employees, and ‘‘The Medicaid Quality of Care Medical ported with the recommendation that labor organizations which is fundamental to Records Study’’; to the Committee on Fi- they be confirmed.) our system of collective bargaining while nance. f preserving the rights of workers to organize, EC–4664. A communication from the Sec- or otherwise engage in concerted activities retary of Health and Human Services, trans- INTRODUCTION OF BILLS AND protected under the National Labor Rela- mitting, pursuant to law, the report of a rule JOINT RESOLUTIONS tions Act; read the first time. entitled ‘‘Medicare Program’’ (RIN0938–AI60) The following bills and joint resolu- By Mr. WARNER (for himself, Mr. LAU- received on April 15, 1998; to the Committee TENBERG, Mr. GREGG, Mr. KERRY, Mr. tions were introduced, read the first on Finance. JEFFORDS, Mr. DORGAN, Mr. BENNETT, EC–4665. A communication from the Sec- and second time by unanimous con- Mr. HOLLINGS, Mr. DEWINE, Mr. MUR- retary of Labor, transmitting, a draft of pro- sent, and referred as indicated: KOWSKI, Mr. REED, Mr. HELMS, Mr. posed legislation entitled ‘‘The Unemploy- By Mr. COCHRAN: TORRICELLI, Mr. DURBIN, Mr. GRAMM, ment Compensation Amendments of 1998’’; to S. 1971. A bill to amend the American Mr. KENNEDY, Mr. CONRAD, Mr. SES- the Committee on Finance. Folklife Preservation Act to permanently SIONS, Mr. KEMPTHORNE, Mr. ROBB, April 23, 1998 CONGRESSIONAL RECORD — SENATE S3535 Mr. THURMOND, Mr. FORD, Ms. the public’s support of its collections necessary for other quasi-public agen- MOSELEY-BRAUN, Mr. ABRAHAM, Ms. through long-range planning and fund- cies like the Tennessee Valley Author- LANDRIEU, Mr. INOUYE, Mr. SAR- raising. ity (TVA). BANES, Mr. DODD, and Mr. MCCAIN): American folklife is the traditional Section three continues the provision S. J. Res. 45. A joint resolution designating of existing law which requires that the March 1, 1999 as ‘‘United States Navy Asiatic expressive culture shared within the Fleet Memorial Day’’, and for other pur- many familial, ethnic, occupational, Secretary of the Treasury approve any poses; to the Committee on the Judiciary. religious, and regional groups in the investments the Postal Service may make in non-Government securities. At f United States. It is the very basis of family and community life. I hope we the same time, it would permit the SUBMISSION OF CONCURRENT AND can permanently authorize the Folklife Postal Service to invest in U.S. Gov- SENATE RESOLUTIONS Center so that these wonderful collec- ernment obligations on its own accord, The following concurrent resolutions tions will be available to future gen- without unnecessary constraints, thus and Senate resolutions were read, and erations. enabling the Postal Service to take ad- referred (or acted upon), as indicated: vantage of favorable conditions in the By Mr. COCHRAN: Government securities market. By Mrs. HUTCHISON: S. 1972. A bill to reform the laws re- Section four removes the control of S. Res. 215. A resolution directing the Sec- the Secretary of the Treasury over the retary of the Senate to request the House of lating to Postal Service Finances, and Representatives to return the official papers for other purposes; to the Committee Postal Service’s financial borrowing on S. 414, and make a technical correction in on Governmental Affairs. decisions. The Postal Service would the Act as passed by the Senate; considered THE POSTAL FINANCING REFORM ACT OF 1998 still be required to consult with the and agreed to. Mr. COCHRAN. Mr. President, today Secretary regarding the terms and con- By Mr. DODD (for himself, Mr. KEN- I am re-introducing a bill that I origi- ditions of the sale of any obligations NEDY, Mr. MOYNIHAN, Mr. DASCHLE, nally introduced last fall—the Postal issued by the Postal Service under sec- Mr. LEAHY, Mr. LAUTENBERG, Mr. Financing Reform Act of 1998. This bill tion 2006(a) of Title 39, and the Sec- KERRY, Mr. MACK, Mr. D’AMATO, Mr. retary would still exercise a power of REED, Mr. KERREY, and Mr. is designed to do three things: allow the Postal Service to deposit funds in approval over the timing of a sale of WELLSTONE): obligations. S. Con. Res. 90. A concurrent resolution to private sector institutions, invest in Finally, section five of the bill re- acknowledge the Historic Northern Ireland open markets—with Treasury approval Peace Agreement; considered and agreed to. moves the ability of the Postal Service of investment choices, and allow the to require the Secretary of the Treas- f Postal Service to borrow from private ury to purchase Postal Service obliga- STATEMENTS ON INTRODUCED credit markets. tions. It merely permits the Secretary BILLS AND JOINT RESOLUTIONS For almost two decades now, the of the Treasury to buy Postal Service Postal Service has been self-support- obligations upon the Postal Service’s By Mr. COCHRAN: ing. With a yearly budget near $60 bil- S. 1971. A bill to amend the American request. lion, and just $100 million appropriated I have heard from many sources that Folklife Preservation Act to perma- to provide free mailing for the blind, reforms in the Postal Service should be nently authorize the American Folklife free overseas voting, and reduced post- made. Though I have decided to refrain Center of the Library of Congress; to age rates for certain nonprofit mailers, from undertaking comprehensive re- the Committee on Rules and Adminis- continuing U.S. Treasury control over form, I have selected instead a simple, tration. Postal Service banking, investing, and straightforward correction of an out of THE AMERICAN FOLKLIFE CENTER CREATION ACT borrowing is no longer necessary or date practice that would reduce costs OF 1998 justified. Nonetheless, when I first in- and help hold down future rate in- Mr. COCHRAN. Mr. President, a lit- troduced the Postal Financing Reform creases, without increasing risk to the tle more than 20 years ago, Congress Act last fall, specific concerns were taxpayers. enacted legislation which created the raised by some in the postal commu- Those who believe the Postal Service American Folklife Center at the Li- nity, and I agreed to make changes should operate as efficiently as pos- brary of Congress. The legislation en- that were suggested. The Postal Fi- sible, thus reducing fees charged to joyed broad bipartisan and bicameral nancing Reform Act of 1998 incor- consumers, should support this bill. So, support. The legislation I am introduc- porates these changes. Specifically, the too, should those who profess to see the ing today will provide permanent au- revised 1998 Act reverts back to exist- Postal Service treated more like a thorization for the Center so that the ing law bill language that would have business. Center may continue its work to pre- potentially allowed the Postal Service I think it is time to act on this issue. serve and share the collections of tradi- to invest in its private sector competi- I invite Senators to consider this pro- tions which exemplify the diverse her- tors, and to benefit from an increased posal for reform and support this effort itage of millions of ordinary Ameri- borrowing ceiling at the U.S. Treasury. to ensure a more efficient and finan- cans. Current law prevents the Postal cially sound U.S. Postal Service. The collections of the American Service from obtaining the most favor- Mr. President, I ask unanimous con- Folklife Center contain rich and varied able combination of prices and services sent that additional material be print- materials from my state of Mississippi and results in added operating costs. ed in the RECORD. There being no objection, the mate- and every state in the Nation. These Under this new approach, the Treasury rial was ordered to be printed in the materials document the diversity of Department would retain much of its RECORD, as follows: the folk traditions of the many people current oversight, but it would no SECTION-BY-SECTION ANALYSIS—POSTAL who make up our nation. The Folklife longer be the sole provider of certain FINANCING REFORM ACT OF 1998 Center serves as a national repository financial services to the Postal Serv- SECTION 1. SHORT TITLE of traditional culture and is used by ice. The short title of this Act is the Postal Fi- scholars from around the world as well The Postal Financing Reform Act of nancing Reform Act of 1998. as schoolchildren, teachers, and gene- 1998 proposes four significant changes SECTION 2. END OF TREASURY CONTROL OF alogists. to current law. First, section two of POSTAL SERVICE BANKING The Congress has charged the Amer- the bill amends Title 39 of the U.S. This provision would amend 39 U.S.C. ican Folklife Center to preserve and Code to authorize the Postal Service to 2003(d) by enabling the Postal Service to present American Folklife for future deposit its revenues in the Postal Serv- have sole discretion to deposit its revenues generations. Providing the Center with ice Fund within the U.S. Treasury or in the Postal Service Fund within the U.S. permanent authorization will give the any Federal Reserve banks or deposi- Treasury or any Federal Reserve banks or Center the security it needs to carry on tories for public funds. The require- depositories for public funds. This amend- ment enables the Postal Service to deposit its good work, continue its educational ment to obtain the Secretary of the its funds as it deems appropriate, and take services, and strengthen its world-class Treasury’s approval before any funds advantage of banking and other modern fi- collections. Permanent authorization be deposited elsewhere would be elimi- nancial services in the open market that are will also allow the Center to engage nated, just as this approval is no longer unavailable from the Treasury Department. S3536 CONGRESSIONAL RECORD — SENATE April 23, 1998

SECTION 3. POSTAL SERVICE INVESTMENTS HOLLINGS, BOXER, TORRICELLI, and change in the law regarding Caller ID This amendment to 39 U.S.C. 2003(c) en- WELLSTONE, to introduce the Tele- technologies. My bill would also allow sures continued oversight of any non-Gov- phone Privacy Act of 1998. The issue of victims of phone threats to record ernment investments made by the Postal telephone privacy thrusts itself into threatening calls. This bill retains all Service. It continues the provision of exist- of the existing exceptions to the law ing law which requires that the Secretary of the news every so often. I have intro- the Treasury approve any investments the duced similar legislation twice before, that allow our law enforcement agen- Postal Service may make in non-Govern- because these concerns have been with cies and intelligence gathering agen- ment securities. At the same time, it would us since Alexander Graham Bell in- cies to carry out their important du- permit the Postal Service to invest in U.S. stalled the first party line. ties unimpeded. Government obligations on its own accord, In the early ’80s Charles Wick was I want to emphasize that the only without unnecessary constraints, thus ena- the head of USIA. He freely admitted change this bill is intended to make to bling the Postal Service to take advantage of the status quo is this: subject to exist- favorable conditions in the Government se- that he had recorded more than eighty curities market. conversations with then President ing exceptions, under my bill, the interception of wire and electronic SECTION 4. ELIMINATION OF TREASURY PREEMP- Reagan and former President Carter, TION OF BORROWING BY THE POSTAL SERVICE cabinet members and many others. communications will be permitted only This amendment to 39 U.S.C. 2006(a) re- None of those people knew that Mr. where all parties have consented, rath- moves the control of the Secretary of the Wick had recorded their conversations. er than allowing only one party to Treasury over the Postal Service’s financial I was absolutely appalled to learn that make that determination. Existing borrowing decisions. The Postal Service, such conduct is perfectly legal. I have penalties for violations of the law will however, must consult with the Secretary of been trying to correct that gap in the remain unchanged. the Treasury for a reasonable period of time, law ever since. The current law leaves a huge hole in as determined by the Postal Service, regard- the rights of telephone users. We have ing the terms and conditions of the sale of Usually, we hear about this issue any obligations issued by the Postal Service after some incident where an tolerated that gap for many years, but under section 2006(a). The specification of a unsuspecting person has suffered harsh those have been years in which commu- ‘‘reasonable’’ time, rather than a specific personal consequences after a private nications technology has exploded. In number of days, is intended to ensure that conversation has been recorded and dis- 1998, the technology to intercept and the consultation process is concluded in a seminated. The Speaker of the House record telephone calls and other wire commercially reasonable time, and does not himself was recently recorded by a communications is available to almost unduly restrict the borrowing flexibility of third party while speaking on a cel- everyone—you can do it with an ordi- the Postal Service. The Secretary will exer- nary answering machine. Much of our cise a power of approval over the timing (but lular phone. If that call had been made not the other terms) of a sale of obligations. on an ordinary phone, any party to the lives is now conducted over the tele- At the end of the consultation period, the call could have recorded it without in- phone. Too much of our privacy is at Postal Service may proceed to issue obliga- forming the Speaker or anyone else— risk. Too much mischief can be made tions to a party other than the Secretary, and it would have been perfectly legal. to allow this flaw in our right to pri- and the Secretary cannot block such action, He could have broadcast it on the vacy any longer. regardless of whether the Secretary has ap- evening news and published the tran- Mr. President, I ask unanimous con- proved such third-party sale. This provision sent that the text of the bill be printed script in the New York Times. This should allow the Postal Service to minimize in the RECORD. should be repugnant to almost every- interest expense by obtaining the most cost There being no objection, the bill was efficient service available. one and yet it is all quite legal. My two ordered to be printed in the RECORD, as SECTION 5. ELIMINATION OF POSTAL SERVICE previous efforts to make such conduct follows: ‘‘PUT’’ ON TREASURY illegal failed. I believe that in the S. 1973 Section 2006(b) of Title 39 allows the Postal present environment a majority of our Be it enacted by the Senate and House of Rep- Service to require the Secretary of the Treas- people think it is time to correct this ury to purchase obligations of the Postal resentatives of the United States of America in abomination. Congress assembled, Service up to a limit of $2 billion. The Sixteen states have outlawed the tap- amendment removes the ability of the Postal SECTION 1. SHORT TITLE. Service to require the Secretary of the Treas- ing of phone conversations without the This Act may be cited as the ‘‘Telephone ury to purchase Postal Service obligations. consent of all parties to the call, but Privacy Act of 1998’’. It merely permits the Secretary of the the federal law has not caught up with SEC. 2. REVISION OF CONSENT EXCEPTION TO Treasury to buy Postal Service obligations those states. Until a bill like mine be- PROHIBITION ON INTERCEPTION OF upon the Postal Service’s request. Removing ORAL, WIRE, OR ELECTRONIC COM- comes law, recording of personal con- MUNICATIONS. this ‘‘put’’ on the Treasury will be consistent versations will be legal, so long as one Section 2511(2)(d) of title 18, United States with the purpose of directing the Postal party to the conversation is aware of Code, shall be revised to read as follows: Service borrowing to the private sector such recording. ‘‘(d)(i) It shall not be unlawful under this where it will be able to take advantage of a chapter for a person not acting under color broader market, albeit with the requisite How many Americans are aware that it is legal for the private telephone of law to intercept a wire, oral, or electronic constraints. communication where all parties to the com- Since the decision to buy is at the discre- conversations of any person in this munication have given prior consent to such tion of the Secretary of the Treasury, there country to be monitored and even re- interception unless such communication is is no longer a need to place a dollar limit on corded without his or her consent? In- intercepted for the purpose of committing the amount of Postal Service obligations deed, how many Senators know? any criminal or tortious act in violation of that the Treasury can purchase. The total Americans cherish their privacy as the Constitution or laws of the United States limit on Postal Service debt in Section 2005 or of any State. should apply. nothing else. One of the reasons the President’s popularity is so high is peo- ‘‘(ii) Notwithstanding subparagraph (i), a SECTION 6. EFFECTIVE DATE person may intercept a wire, oral, or elec- This Act will become effective 90 days ple believe his privacy and the First Lady’s privacy has been unfairly in- tronic communication where such person is after enactment. party to the communication and the commu- vaded. nication conveys threats of physical harm, By Mr. BUMPERS (for himself, How many times have we heard a re- harassment or intimidation.’’ Mr. CHAFEE, Mr. HOLLINGS, Mrs. cording on television or read a tran- BOXER, Mr. TORRICELLI, and Mr. script in the newspaper where one of By Mr. MURKOWSKI (for himself WELLSTONE): the parties makes some embarrassing and Mr. STEVENS): S. 1973. A bill to amend section 2511 revelation, confident that the con- S. 1974. A bill to amend the Internal of title 18, United States Code, to re- versation is ‘‘private,’’ never suspect- Revenue Code of 1986 to exclude from vise the consent exception to the prohi- ing that he or she was being recorded? gross income any Alaska Permanent bition on the interception of oral, wire, I am not talking about authorized Fund dividend received by a child or electronic communications; to the law enforcement surveillance. I’m not under age 14; to the Committee on Fi- Committee on the Judiciary. talking about calls to 911. I’m not talk- nance. THE TELEPHONE PRIVACY ACT OF 1998 ing about employers who must monitor TAX LEGISLATION Mr. BUMPERS. Mr. President, I rise calls made by employees in the course Mr. MURKOWSKI. Mr. President, I today, along with Senators CHAFEE, of their duties and my bill makes no rise to introduce legislation that would April 23, 1998 CONGRESSIONAL RECORD — SENATE S3537 alleviate an IRS paperwork hassle that And what does it cost the IRS to THE CRIME VICTIMS WITH DISABILITIES confronts every citizen of Alaska who process that return? I’ve heard costs AWARENESS ACT has a child. I am pleased to be joined that range from $5 to $30. I don’t think Mr. DEWINE. Mr. President, I am by the distinguished senior Senator anyone knows the real answer. pleased today to join with Senator from Alaska, Senator STEVENS, in in- Mr. President, the bottom line is LEAHY to introduce the Crime Victims troducing this legislation. that families with children under 14 in With Disabilities Awareness Act. The Mr. President, when this nation was Alaska are subjected to additional IRS purpose of this legislation is to achieve facing the oil crisis of the 1970s, Alas- paperwork and filing requirements three basic goals: first, to increase pub- kan oil from Prudhoe Bay was in large simply because their children’s perma- lic awareness of the plight of crime vic- part responsible for allowing our na- nent fund dividends are subject to a tims with developmental disabilities; tion to bridge the oil crisis and over- few dollars of federal income tax. second, to start collecting data to come the blackmail the world faced The legislation we are introducing measure the extent and nature of the from the OPEC cartel. The state of today would exclude from income per- problem; and third, to develop strate- Alaska made a foresighted decision at manent fund dividends received by gies to address the safety and justice that time that it would take a portion children under 14. This will eliminate needs of these victims. of the oil royalty money and place it the paperwork burdens that families in Research in foreign countries has into a trust fund for the benefit of the our state face simply because their found that persons with developmental citizens of our State. children receive a dividend from the disabilities are at a 4 to 10 times higher This trust fund has grown signifi- state. Although I am sure this will be risk of becoming crime victims than cantly in the past two decades and has scored as losing a modest amount of those without disabilities. Studies in allowed the state to issue dividends to revenue, about $50 for every Alaskan Canada, Australia, and Great Britain every citizen of the state each year. child, IRS will have to process far consistently show that crime victims Mothers, fathers and children are all fewer tax returns from Alaska’s chil- with developmental disabilities suffer entitled to an equal share of the divi- dren and parents in Alaska will not repeated victimization, because so few dend. Yet when it comes time to file have to incur additional tax prepara- of the crimes against them are re- tax returns, every family with a child tion fees. ported. Unfortunately, even when in Alaska is forced to file a separate Mr. President, I ask unanimous con- crimes against victims with disabil- tax return for the child based on the sent that the text of the bill be printed ities are reported, there is sometimes a fact that the child’s only income is the in the RECORD. reluctance by justice officials to rely permanent fund dividend. There being not objection, the bill on the testimony of a disabled person, Children under 14 must pay income was ordered to be printed in the further making these victims a target tax it they have investment income of RECORD, as follows: for criminal predators. more than $650. If their investment in- S. 1974 What do we know about similar come is greater than $1,400, a special Be it enacted by the Senate and House of Rep- crimes in the United States? Amaz- ‘‘kiddy tax’’ is levied that taxes the resentatives of the United States of America in ingly, little if any. No significant stud- child’s income at the parents’ highest Congress assembled, ies have been conducted in the United tax rate. The kiddy tax was designed SECTION 1. INCOME TAX EXCLUSION FOR ALAS- States. In fact, the Bureau of Justice for one simple purpose: To prevent high KA PERMANENT FUND DIVIDENDS Statistics in their annual National income taxpayers from shifting income RECEIVED BY CHILDREN UNDER AGE 14. Crime Victims Survey does not specifi- to their children for tax avoidance pur- (a) IN GENERAL.—Part III of subchapter B cally collect data about crimes against poses. of chapter 1 of the Internal Revenue Code of persons with disabilities. Mr. President, in the case of nearly 1986 (relating to items specifically excluded every child in Alaska, there is no effort from gross income) is amended by redesig- Research needs to be done in the for parents to shift income to their nating section 138 as section 139 and by in- United States to (1) understand the na- children. A two-year old is required to serting after section 137 the following new ture and extent of crimes against per- file a tax return simply because the section: sons with developmental disabilities; state had the foresight to invest state ‘‘SEC. 138. ALASKA PERMANENT DIVIDENDS TO (2) assess how the law enforcement and oil royalty income for the benefit of all CHILDREN UNDER AGE 14. justice systems currently respond to ‘‘Gross income shall not include any Alas- crimes against the developmentally it’s citizens. ka Permanent Fund dividend received by an In recent years, the annual Perma- disabled; and (3) identify programs, individual during a taxable year if the indi- policies, or laws that hold promise for nent Fund dividend checks have aver- vidual has not attained age 14 before the aged nearly $1,000 per person. For a close of the taxable year.’’ making our law enforcement and jus- two-year old child who received that (b) CONFORMING AMENDMENTS.— tice systems more responsive to crimes dividend, the child’s parents are re- (1) Section 1(g)(7)(A)(i) of the Internal Rev- against persons with developmental sponsible for having a tax return pre- enue Code of 1986 is amended by striking disabilities. pared for the child that will show a tax ‘‘(including Alaska permanent fund divi- Our legislation today would accom- liability of $52.50. As all of my col- dends)’’. plish these three research goals. Our (2) The table of sections for part III of sub- leagues know, filling out tax returns chapter B of chapter 1 of such Code is amend- legislation would direct the Attorney has become ever more complicated. ed by striking the item relating to section General to contract with the National Fewer and fewer individuals are filling 138 and inserting: Research Council through the National out their own returns. Instead, they Academy of Sciences’ Committee on ‘‘Sec. 138. Alaska Permanent Fund dividends are having to pay professional prepares to children under age 14. Law and Justice to develop a research agenda to increase the understanding to fill out these returns. ‘‘Sec. 139. Cross references to other Acts.’’ In fact, IRS reports that returns and control of crime against persons (c) EFFECTIVE DATE.—The amendments filled out by paid prepares are a record made by this section shall apply to taxable with developmental disabilities. The high this year—54% of all returns filed years beginning after December 31, 1997. National Academy of Sciences would had been prepared by professionals. For develop a research agenda that in- an Alaskan family with two children, By Mr. DEWINE (for himself and cludes convening an interdisciplinary that means a paid preparer must fill Mr. LEAHY): panel of nationally recognized experts out three separate tax forms—one for S. 1976. A bill to increase public on crime victims with disabilities and the mother and father and one for each awareness of the plight of victims of related fields, to define and address of the two children. How much addi- crime with developmental disabilities, critical issues to understanding crimes tional cost does the prepare charge for to collect data to measure the mag- against people with developmental dis- the additional returns? The simplest nitude of the problem, and to develop abilities. Their research would focus on form to file—the 1040 EZ costs $16.50 at strategies to address the safety and preventive, educative, social, and legal the local H&R block. For two children justice needs of victims of crime with strategies, and recommend methods for that’s an additional $33, on top of the developmental disabilities; to the Com- addressing the needs of underserved costs of the parents’ return. mittee on the Judiciary. populations. S3538 CONGRESSIONAL RECORD — SENATE April 23, 1998 An authoritative report resulting disabled individual, making individuals with in which victimization occurs, and the social from this process should provide some developmental disabilities a target for crimi- and institutional responses to these experi- important answers. nal predators; and ences; and In addition, the bill would direct the (4) research in the United States needs to (E) the development of a Federal research be done to— response and a coordinated research strategy Attorney General to begin collecting (A) understand the nature and extent of by Federal agencies. data for the National Crime Victims crimes against individuals with develop- (c) PANEL OF EXPERTS.—In developing the Survey of crime victims with develop- mental disabilities; research agenda under this section, the Com- mental disabilities. The Attorney Gen- (B) describe how the justice system re- mittee on Law and Justice shall— eral is asked to study and report to the sponds to crimes against the develop- (1) convene and consult with a panel, which States and to Congress on how the mentally disabled; and shall be composed of— States may collect centralized data- (C) identify programs, policies, or laws (A) nationally recognized experts on vic- tims of crime who are individuals with dis- bases on the incidences of crimes that hold promises for making the justice system more responsive to crimes against in- abilities, in the fields of— against the disabled. dividuals with developmental disabilities. (i) law; One reason why this issue is so im- (b) PURPOSES.—The purposes of this Act (ii) services to individuals with disabil- portant, and why this legisation is nec- are— ities; essary is because there are more and (1) to increase public awareness of the (iii) criminology; more people with developmental dis- plight of victims of crime who are individ- (iv) education; abilities. The factors behind this rising uals with developmental disabilities; (v) direct services to victims of crime; and population include poor prenatal nutri- (2) to collect data to measure the extent of (vi) the social sciences; and (B) crime victims with disabilities who are tion and care, increases in child abuse, the problem of crimes against individuals with developmental disabilities; and members of diverse ethnic, social, and reli- and substance abuse during pregnancy. (3) to develop strategies to address the gious communities; and I am hopeful that the research called safety and justice needs of victims of crime (2) focus primarily on preventive, edu- for in this legislation will have broad, who are individuals with developmental dis- cative, social, and legal strategies, including positive national policy implications. abilities. addressing the needs of underserved popu- Greater knowledge about victims with SEC. 3. DEFINITION OF DEVELOPMENTAL DIS- lations. developmental disabilities will help ABILITY. (d) REPORT.— service providers target programs more In this Act, the term ‘‘developmental dis- (1) IN GENERAL.—Not later than 2 years ability’’ has the meaning given the term in after the date of enactment of this Act, the effectively. Victims and their families Attorney General shall submit to the Com- will have a better understanding of section 102 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. mittees on the Judiciary of the Senate and crime risks. Justice and social service 6001). the House of Representatives a report de- scribing the research agenda developed under policy makers will have a greater un- SEC. 4. RESEARCH AGENDA. this section. derstanding of how, where, and when (a) REQUEST FOR CONTRACT.—Not later (2) REPORT.—The Attorney General shall these crimes occur, the characteristics than 90 days after the date of enactment of ensure that— of victims, and how these crimes affect this Act, the Attorney General shall submit (A) the report submitted under paragraph victims and their families. Law en- a request to the National Research Council, (1) is disseminated widely in governmental, that the Committee on Law and Justice of forcement may gain information on nonprofit, and academic arenas, including by the National Academy of Sciences, acting how to improve investigative and pros- seminars, briefings, and the Internet; and through the National Research Council, ecution strategies, and how to use vic- (B) shall make not less than 100 copies of enter into a contract with the Attorney Gen- tims’ testimony in conjunction with the report available upon request to non- eral to develop a research agenda to increase profit organizations free of charge. other case evidence. Clearly, what public awareness of crimes against individ- (e) AUTHORIZATION OF APPROPRIATIONS.— we’re trying to do with this legislation uals with developmental disabilities and to is to raise considerably the national There is authorized to be appropriated to reduce the incidence of crimes against those carry out this section $375,000 for each of fis- profile of this issue among research individuals. cal years 1999 and 2000. (b) RESEARCH AGENDA.—The research agen- agencies and the academic community, SEC. 5. NATIONAL CRIME VICTIMS SURVEY. da developed under this section shall— and to continue to define and develop (a) SURVEY.—As part of each National solutions to this problem. (1) address such issues as— Crime Victims Survey, the Attorney General I ask unanimous consent that the (A) the nature and extent of crimes against shall include statistics relating to the nature individuals with developmental disabilities; text of the bill be included in the and characteristics of victims of crime who (B) the risk factors associated with victim- are individuals with developmental disabil- RECORD. ization of the developmentally disabled; There being no objection, the bill was ities. (C) strategies to reduce crimes against in- (b) CONSULTATION.—In carrying out sub- ordered to be printed in the RECORD, as dividuals with developmental disabilities; section (a), the Attorney General shall use a follows: (D) the manner in which the justice and so- methodology developed in consultation with cial service systems respond to crimes Be it enacted by the Senate and House of Rep- experts in the collection of criminal justice against the developmentally disabled, and data, statistics, services to individuals with resentatives of the United States of America in the means by which that response can be im- Congress assembled, disabilities, and victims of crime. proved; (c) AUTHORIZATION OF APPROPRIATIONS.— SECTION 1. SHORT TITLE. (E) the personal and social consequences of There is authorized to be appropriated to This Act may be cited as the ‘‘Crime Vic- victimization; carry out this section $100,000 for fiscal year tims With Disabilities Awareness Act’’. (F) the importance of place and context in 1999. SEC. 2. FINDINGS; PURPOSES. understanding crimes against the develop- SEC. 6. STATE DATABASES. (a) FINDINGS.—Congress finds that— mentally disabled; and (a) IN GENERAL.—The Attorney General (1) although research conducted abroad (G) the means by which to achieve a better shall conduct a study and submit to Con- demonstrates that individuals with develop- understanding of the interaction between gress and to each State a report on the mental disabilities are at a 4 to 10 times caregiver, victim, and other circumstances means by which each State may establish higher risk of becoming crime victims than in improving public safety; and and maintain a centralized computer data- those without disabilities, there have been (2) include an analysis of various meth- base on the incidence of crimes against indi- no significant studies on this subject con- odologies for addressing the issues described viduals with disabilities within the State. ducted in the United States; in paragraph (1), which may include— (b) CONSULTATION.—In conducting the (2) in fact, the National Crime Victim’s (A) appropriate longitudinal designs to in- study under subsection (a), the Attorney Survey, conducted annually by the Bureau of crease understanding of its causes; General shall consult with— Justice Statistics of the Department of Jus- (B) rigorous evaluation research designs to (1) individuals who are experts in the col- tice, does not specifically collect data relat- inform and improve prevention, interven- lection of criminal justice data; ing to crimes against individuals with devel- tion, and control efforts; (2) State statistical administrators; opmental disabilities; (C) a multidisciplinary approach to meas- (3) law enforcement personnel; (3) studies in Canada, Australia, and Great uring the nature and frequency of crimes (4) nonprofit nongovernmental agencies Britain consistently show that victims with against the developmentally disabled, and that provide direct services to victims of developmental disabilities suffer repeated the personal and social consequences of crime who are individuals with disabilities; victimization because so few of the crimes those crimes; and against them are reported, and even when (D) survey data and analysis efforts that (5) such other individuals and entities as they are, there is sometimes a reluctance by better describe the victimization experiences the Attorney General considers to be appro- justice officials to rely on the testimony of a of the developmentally disabled, the context priate. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3539 (c) REPORT.—Not later than 2 years after the incidence of crimes against individ- tention and plea bargains, an enhanced the date of enactment of this Act, the Attor- uals with disabilities. right to a speedy trial and to be ney General shall submit to the Committees Over the last 20 years we have made present in the courtroom throughout a on the Judiciary of the Senate and the House strides in recognizing crime victims’ trial, an enhanced right to be heard on of Representatives, a report describing the results of the study under subsection (a), rights and providing much needed as- probation revocation and to give a which report shall include the views of the sistance. I am proud to have played a statement at sentencing, and the right individuals and agencies consulted under role in passage of the Victims and Wit- to be notified of a defendant’s escape or subsection (b). ness Protection Act of 1982, the Vic- release from prison. The Crime Victims Mr. LEAHY. Mr. President, I am tims of Crime Act of 1984, and the Vic- Assistance Act would also strengthen proud to join Senator DEWINE in intro- tims’ Rights and Restitution Act of victims’ services by increasing Federal ducing the Crime Victims With Dis- 1990 and the other improvements we victim assistance personnel, enhancing abilities Awareness Act. This legisla- have been able to make. training for State and local law en- tion will address and strengthen our In the Violent Crime Control Act of forcement and Officers of the Court, services for disabled victims of crime 1994, Congress acted to ensure a right and establishing and ombudsman pro- throughout our country. of allocation for victims of crimes of gram for crime victims. It is important that we focus atten- violence or sexual abuse and to make With a simple majority of both tion on the needs and rights of crime tens of millions of dollars available to Houses of Congress, the Crime Victims victims not only during this week, Na- crime victims. No amount of money Assistance Act could be enacted this tional Crime Victims Rights Week, but can make up for the harm and trauma year and we could mark a significant throughout the year. For the past sev- of being the victim of a crime, but we and immediate difference in the lives eral years, I have worked hard with should do all that we can to see that of victims throughout our country. I others to make improvements in the victims are assisted, compensated and hope that the Senate will turn to this law and provide greater assistance to treated with dignity by the criminal important measure without further victims of crime. justice system. delay. Unfortunately, one consequence My involvement with crime victims I was the author of the Victims of of the effort to focus attention on pro- rights began more than three decades Terrorism Act that was passed by the posals to amend the Constitution has ago when I served as State’s Attorney Senate in the wake of the Oklahoma been to dissipate efforts to enact effec- for Chittenden County, Vermont, and City bombing and became the basis for tive victims rights legislation over the witnessed first-hand the devastation of the Justice for Victims of Terrorism past two years. The momentum we had crime. I have worked ever since to en- Act signed into law in April 1996. We built over the last several years has sure that the criminal justice system is were able to make funds available been dissipated by this focus to the ex- one that respects the rights and dig- through supplemental grants to the clusion of statutory reform. nity of victims of crime and domestic States to assist and compensate vic- While we have made great improve- violence, rather than presents addi- tims of terrorism and mass violence, ments in our law enforcement and tional ordeals for those already victim- which incidents might otherwise have crime victims assistance programs and ized. overwhelmed the resources of Oklaho- have made advances in recognizing The needs of victims of crime are ma’s crime victims compensation pro- crime victims’ rights, we still have many and must be addressed in a num- gram or its victims assistance services. work to do. This week is National ber of ways, including strengthening We also filled a gap in our law for resi- Crime Victims’ Rights Week. Crime law enforcement and education, im- dents of the United States who are vic- victims advocates across Vermont and proving and increasing services for vic- tims of terrorism and mass violence the nation are commemorating this tims, and protecting the rights of vic- that occur outside the borders of the week with ceremonies, awards and tims. Today I am proud to again have United States. In addition, we allowed proclamations. I am honored to have the support of the Vermont Center for greater flexibility to our State and received recognition from the Vermont Crime Victim Services in focusing at- local victims’ assistance programs and Center for Crime Victims Services and tention on the needs of crime victims some greater certainty so that they the Vermont Network for Domestic Vi- with disabilities with the Crime Vic- can know that our commitment to vic- olence and Sexual Assault during Na- tims With Disabilities Awareness Act. tims programming will not wax and tional Crime Victims Rights Week in Research conducted abroad has wane with events. And we were able to 1996 and a Congressional Leadership shown that individuals with disabil- raise the assessments on those con- Award from the National Organization ities have a four to 10 times higher risk victed of federal crimes in order to for Victim Assistance. Each year at of becoming a victim than do individ- fund the needs of crime victims. this time our hearts go out to the fami- uals without disabilities. Despite these Last year, I cosponsored the Victim lies and victims of crime. Each year I findings, there have been no significant Rights Clarification Act of 1997. That try to help focus attention on those studies on this subject conducted in legislation reversed a presumption who work so hard every week of the the United States. The Crime Victims against crime victims observing the year on behalf of all crime victims in With Disabilities Awareness Act we are fact phase of a trial if they were likely crime victims’ assistance and com- introducing today will rectify this to provide testimony during the sen- pensation programs. omission. tencing phase of that trial. As a result There are many individuals in Ver- The Crime Victims With Disabilities of that legislation, not only were vic- mont who I would like to thank for Awareness Act proposes to have the tims of the Oklahoma City bombing their expertise and advice in addressing Committee on Law and Justice of the able to observe the trial of Timothy victims’ rights and services, including National Academy of Sciences conduct McVeigh, all those who were able to Lori Hayes, Executive Director of the research so as to increase public aware- witness the trial and were called as Vermont Center for Crime Victim ness of victims of crime with disabil- witnesses to provide victim impact tes- Services, and Marty Levin, Coordinator ities, to understand the nature and ex- timony at the sentencing phase of that of the Vermont Network Against Do- tent of such crimes, and to develop trial were able to do so. mestic Violence and Sexual Assault. strategies to address the safety and The Crime Victims Assistance Act, Their hard work and dedication have needs of victims of crime with disabil- legislation that I introduced this past made a real difference in the lives of ities. This Act directs the Attorney July with Senator KENNEDY, builds people who suffer from violence and General to utilize statistics gathered upon the progress made over the last abuse. from this study for inclusion in the Na- several years. It provides for a whole- In May 1997, the Department of Jus- tional Crime Victims Survey. The sale reform of the Federal Rules and tice Office for Victims of Crime con- Crime Victims With Disabilities Federal law to establish additional cluded that ‘‘Vermont’s programs are Awareness Act also directs the Attor- rights and protections for victims of setting the standard for outreach to ney General to submit a report detail- federal crime. This bill would provide undeserved populations and service co- ing the means by which each State can crime victims with an enhanced right ordination among providers and allied establish and maintain a database on to be heard on the issue of pretrial de- professionals.’’ Vermont’s leadership S3540 CONGRESSIONAL RECORD — SENATE April 23, 1998 was also recently recognized with its this legislation is a wake up call for lines, and greater travel agent losses, selection for participation in the De- the industry. As the for-profit hospital are expected. The number of travel partment of Justice Rural Victim Serv- and HMO industries discovered, if con- agencies has decreased for the first ices 2000 project. The Vermont Center sumers are disregarded, and anti-com- time since World War II, and many for Crime Victim Services will admin- petitive activities are encouraged, the more closings are expected as agency ister this grant to conduct the first heavy hand of regulators and anti-trust operating reserves are exhausted. systematic survey of what rural crime remedies will soon follow. This inves- As travel agents are forced out of the victims need. The more informed we tigation by DOT may bring to light industry and airlines secure more di- become of the needs of victims, the practices that the airlines themselves rect consumer business, consumer al- more we can adapt services to make may not even realize exist. It is far bet- ternatives will continue to decrease, them more effective and efficient. ter to have DOT look into these issues resulting in significantly higher con- I commend all those in Vermont and and have them addressed now, than to sumer travel costs. Major airlines have across the country who are committed have Congress begin pursuing more generally misrepresented the reason to assisting crime victims. proactive legislative remedies in the for agency commission cuts, citing a future. need to reduce expenses and pass sav- By Mr. D’AMATO (for himself Travel agents provide critical serv- ings on to consumers. In fact, airline and Mr. REID): ices to air travelers, and air travelers ticket prices have steadily increased, S. 1977. A bill to direct the Secretary depend heavily upon travel agents to of Transportation to conduct a study there have been no consumer benefits, provide an accurate, broad selection of and issue a report on predatory and airlines are posting record profits quar- schedules, fare quotes, and ticketing discriminatory practices of airlines ter-after-quarter, and consumers are services for all airlines. Agents quote which restrict consumer access to un- paying the highest airfares in history. schedules and fares, and provide biased air transportation passenger Commissions are not the only way in service and fare information; to the ticketing services, to consumers on which the airlines are using anti-com- Committee on Commerce, Science, and major U.S. airlines, small U.S. airlines, petitive practices to pressure the trav- Transportation. large and small international airlines, el agents. For example, confidential and start-up airlines. business information generated by THE CONSUMER ACCESS TO TRAVEL The travel agency community and INFORMATION ACT OF 1998 travel agents, such as marketing, Mr. D’AMATO. Mr. President, I rise other independent ticket distributors bookings, and sales data, is routinely today to offer legislation that will ben- are the only efficient, independent and shared by the airlines. efit consumers and small businessmen comprehensive sources of information Considering airlines regard them- and women who must travel by air. for airline travel options. Travel agen- selves as competitors of travel agents, The bill I am introducing today, the cies and other independent distributors this is an intolerable situation for the Consumer Access to Travel Informa- comprise a considerable portion of the travel agents. tion Act of 1998, will reverse an in- small business sector in the United Another example of unfair treatment creasingly anti-consumer, anti-com- States, employing over 250,000 people. is the use of promotions, concessions, petitive trend in airline travel across Over 50% of travel agencies are owned and benefits that airlines can pass on the country. by women or minorities. to consumers that are denied to travel For three years, the major airlines Every industry study conducted since agents. In addition the airlines operate have been moving to gain more control the 1960’s has concluded that travel the Airlines Reporting Corporation over the airline travel ticket distribu- agents can process reservation and (ARC), which controls both who can be- tion system. While this effort may ticketing transactions in any medium come a travel agent and the settlement seem harmless, the ramifications to more efficiently than can airlines. Just of funds between travel agents and the consumers are significant. Currently, this year, one of the world’s largest airlines. most air travelers get their informa- and most efficient airlines announced Internet travel servicing, one ticket tion from one of the 33,000 travel agen- the closing of all of its U.S. ticket of- distribution alternative which holds cies around the country. These agen- fices in favor of the efficiencies of the great promise for consumers, is also cies provide consumers with unbiased U.S. travel agency industry. being dominated by the major air car- and comprehensive air travel informa- So why are multi-billion dollar air- riers. As a practical matter, travel tion, i.e., the best flight at the cheap- lines putting the squeeze on the mom agents have already been excluded by est fare. Without that independent and pop travel agencies? Unfortu- airlines from selling tickets booked by source of travel information, there is nately, the answer lies beyond just electronic means. As with conventional no doubt that consumers will be paying sucking more revenue from the travel distribution, Internet consumers have more, in many cases, substantially agent. The biggest threat to the cur- very limited ability to view consoli- more for air travel. rent airline oligopoly is the young, up- dated electronic schedule and fare in- The Consumer Access to Travel In- start airlines. Wherever these airlines formation, much less interpret the formation Act of 1998 is a reasonable, operate, the major air carriers’ prices rules, restrictions and penalties at- and balanced bill that is significant not are competitive. Wherever these air- tached to such lower fares as might be only for what it does, but also for what lines do not operate, the consumer found. it doesn’t do. This legislation would pays monopoly prices. Small domestic That is why, Mr. President, Congress simply require the Secretary of Trans- airlines, many international airlines, must pass the Consumer Access to portation to investigate the behavior and start-up airlines heavily depend Travel Information Act of 1998 before of major airlines, including discrimina- upon the travel agency distribution consumers are hurt further, and before tory and predatory practices of airlines system. There is no alternate distribu- there is an overwhelming cry to rereg- which target travel agents, other inde- tion system available to these types of ulate air travel. pendent distributors, and small air- airlines. A less ubiquitous, less inde- Mr. President, I urge my colleagues lines. This is authority that the Sec- pendent travel agency means less busi- to support this legislation. I ask unani- retary currently has under the Airline ness for, and less competition from, the mous consent that the text of the bill Deregulation Act of 1978, but has thus smaller airlines. be printed in the RECORD. far not elected to use. This bill makes As part of the effort to consolidate There being no objection, the bill was certain this investigation is under- their market power, the airlines began ordered to be printed in the RECORD, as taken. If it is determined that anti- to focus on the ticket distribution sys- follows: competitive, discriminatory or preda- tem. Twice in the last three years, the S. 1977 tory practices exist, the Secretary major airlines have initiated and sup- Be it enacted by the Senate and House of Rep- must report to Congress those steps ported reductions in travel agent com- resentatives of the United States of America in the Department intends to take to ad- missions on the sale of air travel. In Congress assembled, dress such practices. February alone, total travel agent SECTION 1. SHORT TITLE. What this legislation does not do is commissions on domestic travel This Act may be cited as the ‘‘Consumer regulate the airline industry. In fact, dropped 21%. More reductions from air- Access to Travel Information Act of 1998’’. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3541 SEC. 2. FINDINGS. and efficient access by the public to unbiased in the Technology Transfer Center at The Congress finds the following: comparative air transportation passenger Sandia National Laboratories as the (1) To foster and preserve competition, na- service and fare information or the sale, Steven H. Schiff Auditorium. I have tional transportation policy should support booking, or distribution of air transpor- visited Sandia’s Technology Transfer the continuation of widespread, convenient, tation passenger services or products, to and efficient public access to unbiased com- cease and desist therefrom. Center (TTC) in Albuquerque, New parative air transportation passenger service Mexico. It is a beautiful building dedi- and fare information. By Mr. DOMENICI (for himself cated to furthering collaborations be- (2) The traveling public relies upon unbi- and Mr. BINGAMAN): tween the fine staff of scientists and ased comparative air transportation pas- S. 1978. A bill to designate the audi- engineers at Sandia and their counter- senger service and fare information provided torium located within the Sandia Tech- parts in American universities and in- by independent retail travel agents and nology Transfer Center in Albuquer- dustry. other independent sources. (3) Concentrations of market power, re- que, New Mexico, as the ‘‘Steve Schiff It is altogether fitting that we dedi- strictions on entry, and predatory and dis- Auditorium’’; to the Committee on En- cate the TTC Auditorium to the mem- criminatory practices of airlines impair con- ergy and Natural Resources. ory of Steven Schiff. Steve was a sumer access to independently distributed THE STEVE SCHIFF AUDITORIUM DESIGNATION strong champion of collaborations and unbiased comparative information about air ACT OF 1998 making the resources of our national transportation passenger services or fares. Mr. DOMENICI. Mr. President, it is a laboratories available to US industry (4) If not corrected, such practices will se- real honor today to introduce legisla- to help us compete in the global econ- riously restrict consumer access to the inde- tion, together with Senator BINGAMAN, omy. pendent and unbiased service and fare infor- Mr. President, Sandia National Lab- mation provided by travel agents and other to honor Representative Steve Schiff. independent sources. This legislation designates a special oratories has 6,000 employees. The lab SEC. 3. POLICY. auditorium at the Sandia National is one of the nation’s premier national Section 40101(a) of title 49, United States Laboratories as the ‘‘Steve Schiff Audi- security facilities with major respon- Code, is amended by adding at the end the torium.’’ Steve spoke in this Audito- sibilities for our nation’s energy re- following: rium on several occasions, as part of search and development projects. Part ‘‘(16) Ensuring that consumers may obtain his long service to the people of New of Sandia’s mission includes tech- unbiased comparative information from Mexico. nology transfer. The emphasis is on travel agents and other independent sources I think everyone knows that Steve partnerships between industry and the about air transportation passenger services Schiff exemplified all that was good lab to collaborate on emerging new and fares in an efficient and convenient man- ner.’’. about public service: integrity of the technologies. Today, Sandia’s vast technical exper- SEC. 4. STUDY; REPORT. highest order, deep and fundamental tise is being applied to solve a variety (a) STUDY.—Not later than 60 days after decency, and an acute and open mind. the date of the enactment of this Act, the He went about his business quietly, but of technical problems that will benefit Secretary of Transportation (hereinafter in with wonderful efficiency. He was great working Americans. A number of excit- this Act referred to as the ‘‘Secretary’’) shall at telling stories, usually about him- ing collaborations between Sandia’s undertake a study of the availability to con- self. He was a model for all politicians engineers and private industry have sumers of adequate unbiased information to admire. come about as a direct result of Steve’s about air transportation passenger services Steve came to New Mexico from Chi- efforts. Some of these collaborations and fares. The study shall include an inves- cago, where he was born and raised. He include projects to improve microelec- tigation of the following practices: (1) Air carrier policies that deter or pre- served the people of New Mexico in dif- tronics and computers, airline and air- vent travel agents or other independent ferent capacities since 1972, when he port safety, lightweight materials for sources from using competitively efficient graduated from the Law School at the automobiles, robots for advanced man- phone systems, computer reservation sys- University of New Mexico. Before elec- ufacturing, and automobile tires that tems, or other electronic systems to commu- tion to Congress in 1988, he served as are safer and provide consumers better nicate or consummate transactions with the District Attorney for eight years. fuel economy. Madam President, I public. One of Steve’s favorite local pro- could go on and on. (2) Air carrier policies that deter or pre- grams was his Tree Give-Away Pro- Perhaps the one area of Sandia’s vent travel agents and other independent work that Steve was the most proud of sources from offering the public the same or gram. For eight years, Steve held a greater concessions, benefits, or services Saturday tree give-away day at the In- was the lab’s application of its 20 years than those offered by air carriers directly to dian Pueblo Cultural Center. He gave of experience in state-of-the-art phys- those consumers. away more than 115,000 trees. Through ical security technologies to the im- (3) Discriminatory collective or joint oper- those trees, he shared his own hope, portant areas of fighting crime and ter- ation of assets used to offer concessions, ben- faith, and love. Those trees now flour- rorism. Today, Sandia’s vital and high- efits, or services to the public while denying ish throughout the Albuquerque area ly visible programs are helping to as- comparable access to such concessions, bene- in New Mexico as lasting symbols of sure the safety and security of every fits, or services through travel agents and American. In particular, Steve’s efforts other independent sources, including joint this man. In a similar way, his legisla- sales activities, denial of competitive tools, tive achievements continue to serve were instrumental in creating a sat- and denial of distribution efficiencies. the American people as another re- ellite facility of the National Institute (4) Sharing of competitively significant minder of this great American. of Justice at Sandia. This linkage was sales transaction data in violation of the Along with those trees and his legis- especially satisfying to Steve because confidentiality interests of the travel agents lation, the Steve Schiff Auditorium of his leadership positions on both the or other independent sources that generated will serve as a lasting memorial. I am House Science and Judiciary Commit- such data. happy and honored to have been a part tees. (5) As the Secretary considers appropriate, In a short time, Sandia’s efforts for any other practices which may impair con- of his life. sumer access to independently distributed I think he would be pleased that this the Department of Justice and the FBI unbiased comparative information about air major facility at Sandia National Lab- are helping to combat crime and ter- transportation passenger services or fares. oratories, an auditorium where many rorism. These programs are having a (b) REPORT.—Not later than 1 year after events occur, many events he has spon- major impact on the safety and secu- the date of the enactment of this Act, the sored, that he desires that we talk rity of all Americans. These efforts are Secretary shall transmit to Congress a re- about in our Federal Government as it truly one of Steve Schiff’s greatest leg- port of the conclusions of the study required pertains to nuclear weapons and re- acies to New Mexico and the nation. by subsection (a). search, that it be designated after him. I’d like to cite just a few examples of SEC. 5. CEASE AND DESIST ORDERS. Mr. BINGAMAN. Mr. President, I feel Sandia’s programs for the National In- The Secretary shall, after notice and hear- very honored today to rise with my stitute of Justice. Because of Steve’s ing, order any air carrier or other party en- gaged in any practice or policy which con- colleague, Senator DOMENICI, to intro- efforts, Sandia was able to play a vital stitutes a predatory, unfair, or deceptive duce legislation to honor Representa- role in disarming a bomb left in the practice or unfair method of competition tive Steven H. Schiff, who died last unabomber’s cabin. Sandia also has a which restricts the widespread, convenient, month. This bill names the Auditorium school safety and security program S3542 CONGRESSIONAL RECORD — SENATE April 23, 1998 that has dramatically increased the ness and accountability. On April 14, My bill will bring accountability to an safety of high school students in Bele´n, 1998, on the eve of the IMF’s annual institution, funded in large part by the New Mexico. I had a chance to visit the spring meeting, Managing Director, American people that has—for the last school, and it is truly remarkable what Michel Camdessus, promised more 50 years—eluded true accountability. Sandia has accomplished there. An- openness and accountability at the Increased transparency and efficiency other example of Sandia’s innovative IMF. Furthermore, during a National will finally enable the American tax- technologies is the development of a Journal interview earlier this month, payers to clearly see how their tax dol- ‘‘smart gun’’ that can only be fired in Deputy Treasury Secretary Lawrence lars are being used by the IMF. the hands of someone authorized to use Summers was quoted as saying, For the reasons stated above and it. And Sandia is developing explosive ‘‘Equally, we cannot be satisfied with more, I introduce this bill as the Sen- detectors for increased airport security the IMF that we now have. And that is ate companion to H.R. 3331, recently and new ways of detecting illegal why it is important to build consensus introduced by our colleagues in the drugs. as rapidly as possible on efforts to House, Congressman SAXTON of New Perhaps the culmination of Steve’s make the IMF a more transparent in- Jersey, the Chairman of the Joint Eco- efforts was last August, when 64 of the stitution.’’ I believe the American tax- nomic Committee, Congressman TOM world’s top bomb squads came to Oper- payers deserve no less. CAMPBELL from California, and House ation Albuquerque ’97 for hands-on ex- We in Congress must act to ensure Majority Leader DICK ARMEY. The Her- perience with the latest science and that just such IMF reforms become re- itage Foundation has described this methods for disabling terrorist bombs. ality. By sending the IMF’s established legislation as a compromise with a lot Madam President, using our national hierarchy a clear and immediate rea- of merit. It is time for increased trans- laboratories’ unique resources to save son to implement these reforms we will parency and efficiency at the IMF, and lives and protect the safety of ordinary ensure that these long overdue reforms I urge my colleagues to support pas- people is surely a proper memorial for will actually take place. sage of this legislation. I ask unani- Steve Schiff. Naming the auditorium This legislation is also timely. When mous consent that the bill be printed at Sandia National Laboratories in his the IMF bails out failing economies, it in the RECORD. honor is another. I am proud to co- regularly calls for increased trans- There being no objection, the bill was parency and governmental efficiency sponsor this legislation, and I thank ordered to be printed in the RECORD, as my colleague, Senator DOMENICI, for as a precondition for receiving finan- follows: his efforts. cial aid. The IMF is right on target in this respect. Increased transparency S. 1979 By Mr. CAMPBELL (for himself and accountability are crucial to give Be it enacted by the Senate and House of Rep- and Mr. FAIRCLOTH): the American taxpayers reasonable as- resentatives of the United States of America in S. 1979. A bill to ensure the trans- surances that the problems that cause Congress assembled, parency of International Monetary these economic breakdowns are being SECTION 1. SHORT TITLE. Fund operations; to the Committee on directly addressed. Obviously, if these This Act may be cited as the ‘‘IMF Trans- Foreign Relations. troubled economies had been trans- parency and Efficiency Act of 1998’’. THE IMF TRANSPARENCY AND EFFICIENCY ACT parent, efficient and open to American SEC. 2. DENIAL OF FEDERAL FUNDS TO THE OF 1998 exports from the start, Congress would INTERNATIONAL MONETARY FUND IF ITS OPERATIONS ARE NOT MADE Mr. CAMPBELL. Mr. President, not be debating about making another MORE TRANSPARENT. today I introduce the ‘‘International $18 billion available to the IMF. Clear- Title XV of the International Financial In- Monetary Fund Transparency and Effi- ly, the IMF itself should live up to the stitutions Act (22 U.S.C. 262o–262o–1) is ciency Act of 1998.’’ When bailing out standards it sets for others. amended by adding at the end the following: failing economies, the International This legislation would withhold U.S. ‘‘SEC. 1503. DENIAL OF FEDERAL FUNDS TO THE Monetary Fund often requires coun- federal funding from the IMF until the INTERNATIONAL MONETARY FUND tries to make their markets more Treasury Secretary certifies that the IF ITS OPERATIONS ARE NOT MADE transparent, efficient and accountable. IMF has met four specific reform re- MORE TRANSPARENT. In the wake of the Asian economic cri- quirements, and then Congress enacts a ‘‘(a) IN GENERAL.—An officer, employee, or sis, it has become clear that the IMF agent of the United States may not, directly joint resolution approving this certifi- or indirectly, provide Federal funds to, or for itself also sorely needs the very same cation. the benefit of the International Monetary increased transparency, efficiency, and First, the IMF would be required to Fund unless— accountability that the IMF demands make the minutes of its board of Gov- ‘‘(1) there is in effect a written certifi- of others. ernors or Executive Board available for cation, made by the Secretary of the Treas- I am pleased to be joined today by public inspection within three months ury to the Committee on Banking and Fi- my colleagues from North Carolina and of the meeting. Second, the IMF would nancial Services of the House of Representa- Alabama, Senators FAIRCLOTH and release copies of loan and program doc- tives and the Committee on Banking, Hous- ing, and Urban Affairs of the Senate, that SHELBY, who are original cosponsors of uments, written reviews, and other per- the International Monetary Fund has met this legislation. tinent documents related to proposed the requirements of subsection (b); and On March 17, 1998, the Senate Appro- and ongoing programs within three ‘‘(2) the Congress has enacted a joint reso- priations Committee approved S. 1769, months. Third, the IMF would estab- lution approving the certification. which would provide Supplemental Ap- lish an independent board to review the ‘‘(b) REQUIREMENTS.—The requirements of propriations for the IMF for Fiscal IMF’s operations, research and loan ac- this subsection are the following: Year 1998. Although I voted against the tivities and then issue annual reports ‘‘(1) Within 3 months after any meeting of amendment which would provide $18 for public inspection. Finally, when the Board of Governors or the Executive billion to bail out the IMF, the Senate granting financial assistance, the IMF Board of the International Monetary Fund, ultimately adopted this amendment. would charge interest rates that are an edited copy of the minutes of the meeting While S. 1769 contains a few provisions shall be made available for public inspection, comparable to market interest rates with the following information redacted: calling for IMF reforms, like increased rather than the subsidized interest ‘‘(A) Information which, if released, would transparency and calling on countries rates it currently charges. Naturally, adversely affect the national security of a receiving IMF loans to end market dis- this bill includes special exemptions to country, and which is of the type that would torting government subsidies, S. 1769 protect classified U.S. information, in- be classified by the United States Govern- contains much weaker enforcement formation which would disrupt mar- ment. mechanisms than those contained in kets, and proprietary information. ‘‘(B) Information which, if released, would the bill I am introducing today. Also, The administration and IMF have re- disrupt markets. S. 1769 does not curtail the IMF’s sub- quested that the American taxpayers ‘‘(C) Proprietary information. ‘‘(2) Within 3 months after the staff of the sidized interest rates, something this make an additional $18 billion of their International Monetary Fund makes a loan bill will do. hard-earned dollars available to the document, written review, program docu- Just last week, the IMF itself freely IMF to replenish its fund that has been ment, or assessment of any proposed or on- admitted the need for increased open- depleted by the Asian financial crisis. going loan program of the International April 23, 1998 CONGRESSIONAL RECORD — SENATE S3543 Monetary Fund, a copy of the review, docu- Over the years, however, certain recognized electronic network, or listed by a ment, or assessment, and all related and sup- coins and precious metals have been recognized wholesale reporting service, and— porting materials, shall be made available excluded from the definition of a col- ‘‘(i) which is or was at any time legal ten- for public inspection, with the following in- lectible because they are independently der in the United States, or formation redacted: ‘‘(ii) issued under the laws of any State, ‘‘(A) Information which, if released, would valued investments that offer investors and’’. adversely affect the national security of a portfolio diversity and liquidity. For (b) EFFECTIVE DATE.—The amendment country, and which is of the type that would example, Congress excluded gold and made by this section shall apply to taxable be classified by the United States Govern- silver U.S. American Eagles from the years beginning after December 31, 1997. ment. definition of collectibles in 1986, and ‘‘(B) Information which, if released, would the Taxpayer Relief Act of 1997 took By Mr. HUTCHINSON: disrupt markets. the further step of excluding certain S. 1981. A bill to preserve the balance ‘‘(C) Proprietary information. precious metals bullion. of rights between employers, employ- ‘‘(3) Not later than 18 months after the My legislation would exclude from ees, and labor organizations which is date of enactment of this section: the definition of collectibles only those fundamental to our system of collec- ‘‘(A) The International Monetary Fund U.S. legal tender coins which meet the tive bargaining while preserving the shall establish an independent advisory rights of workers to organize, or other- board to review the research, operations, and following three standards: certification by a nationally-recognized grading wise engage in concerted activities pro- loan programs of the International Monetary tected under the National Labor Rela- Fund. service, traded on a nationally-recog- ‘‘(B) The legislature of each country which nized network, and held by a qualified tions Act; read the first time. is represented on the Executive Board of the trustee as described in the Internal THE TRUTH IN EMPLOYMENT ACT International Monetary Fund shall each ap- Revenue Code. In other words, only in- Mr. HUTCHINSON. Mr. President, point to the advisory board 1 individual with vestment quality coins that are inde- small businesses are under attack in expertise in private sector finance gained in pendently valued and not held for per- this country, and the United States the private sector or in academia. government, through the National ‘‘(C) The advisory board shall issue annual sonal use may be included in IRAs. There are several nationally-recog- Labor Relations Board and other regu- reports summarizing its activities, which latory agencies, is aiding in this un- shall be available immediately for public in- nized, independent certification or spection. grading services. Full-time profes- precedented assault. This battle is ‘‘(4) The annual rate at which the Inter- sional graders (numismatists) examine being waged against small employers national Monetary Fund charges interest on each coin for authenticity and grade by paid and unpaid union operatives loans made after the date of enactment of them according to established stand- who get access to non-union work- this section shall be comparable to the aver- ards. Upon certification, the coin is places by seeking employment in these age annual rate of interest in financial mar- sonically-sealed (preserved) to ensure companies. Because employers are not kets for loans of comparable maturity, ad- that it remains in the same condition allowed to refuse to hire union labor, justed for risk. they are usually hired. Once on job, ‘‘(c) EFFECTIVE PERIOD OF CERTIFICATION.— as when it was graded. these union agents put economic pres- ‘‘(1) IN GENERAL.—Except as provided in Legal tender coins are then traded paragraph (2), certification made under this via two independent electronic net- sure on their employers by causing section shall cease to be in effect 1 year after works—the Certified Coin Exchange workplace disruptions that increase the date the certification is made. and Certified CoinNet. These networks their employer’s cost of doing business. ‘‘(2) REVOCATION.— are independent of each other and have This union guerilla warfare against ‘‘(A) IN GENERAL.—A certification made no financial interest in the legal tender employers is known as ‘‘salting.’’ under this section shall cease to be in effect coinage and precious metals markets. The weapon of choice for these union if the Secretary of the Treasury revokes the operatives is to file unfair labor certification. The networks function in precisely the same manner as the NASDAQ with a charges against their merit shop em- ‘‘(B) CAUSE FOR REVOCATION.—The Sec- ployers at the National Labor Rela- retary of the Treasury shall revoke a certifi- series of published ‘‘bid’’ and ‘‘ask’’ cation made under this section if the Sec- prices and last trades. The buys and tions Board or to file complaints retary of the Treasury is made aware that sells are enforceable prices that must against their employers at the EEOC, the International Monetary Fund has ceased be honored as posted until updated. OSHA, or other regulatory agencies. to meet a requirement of subsection (b).’’. Mr. President, the liquidity provided Defending against these charges and SEC. 3. EFFECTIVE DATE. through a bona fide national trading complaints costs the employers in both This Act shall take effect 6 months after network, combined with published legal fees and in lost time. As an added the date of enactment of this Act. prices, make legal tender coinage a benefit, these cases often net union em- ployees large damage awards or settle- By Mr. BREAUX: practical investment that offers inves- tors diversification and liquidity. In- ments because their employers can ill- S. 1980. A bill to amend the Internal afford the expense of defending them- Revenue Code of 1986 to allow certain vestment in these tangible assets has become a safe and prudent course of ac- selves against the barrage of frivolous coins to be acquired by individual re- charges being filed against them. tirement accounts and other individ- tion for both the small and large inves- tor and should be given the same treat- Consider the following examples: ually directed pension plan accounts; Gaylor Electric of Carmel, Indiana has to the Committee on Finance. ment under the law as other financial investments. I urge the Senate to enact had 96 charges filed against it. While INDIVIDUAL RETIREMENT ACCOUNT LEGISLATION this important legislation as soon as each and every one of these cases has Mr. BREAUX. Mr. President, I rise possible. been dismissed without merit, Gaylor today to introduce legislation allowing Mr. President, I ask unanimous con- Electric has had to bear the cost of certain U.S. legal tender coins to be sent that the text of the bill be printed these cases to the tune of $250,000 per qualified investments for an individual in the RECORD. year. Likewise, hth Companies in retirement account (IRA). There being no objection, the bill was Union, Missouri has had 48 unfair labor Congress excluded ‘‘collectibles’’, ordered to be printed in the RECORD as charges filed against it. Again, while such as antiques, gold and silver bul- follows: all but one of these cases was dis- lion, and legal tender coinage, as ap- S. 1980 missed, hth Companies has wasted propriate for contribution to IRAs in Be it enacted by the Senate and House of Rep- $150,000 defending itself against these 1981. The primary reason was the con- resentatives of the United States of America in frivolous charges. Bay Electric in Cape cern that individuals would get a tax Congress assembled, Elizabeth wasted over $100,000 defend- break when they bought collectibles SECTION 1. CERTAIN COINS NOT TREATED AS ing itself against 14 unfair labor for their personal use. For example, a COLLECTIBLES. charges—each of which was dismissed taxpayer might deduct the purchase of (a) IN GENERAL.—Subparagraph (A) of sec- without merit. Wright Electric in Dela- an antique rug for his/her living room tion 408(m)(3) of the Internal Revenue Code of 1986 (relating to exception for certain no, Minnesota has lost almost $500,000 as an IRA investment. Congress was coins and bullion) is amended to read as fol- defending itself against 15 unfair labor also concerned about how the many lows: charges, 14 of which have been dis- different types of collectibles are val- ‘‘(A) any coin certified by a recognized missed, and one of which is still pend- ued. grading service and traded on a nationally ing. S3544 CONGRESSIONAL RECORD — SENATE April 23, 1998 In my home state, Little Rock Elec- practice of ‘‘salting’’ to protect em- sponsor of S. 1273, a bill to amend title trical, of Little Rock, Arkansas has ployers who operate non-union shops, 10, United States Code, to expand the been flooded with 72 unfair labor cases and to protect employees who freely National Mail Order Pharmacy Pro- in just one year, 20 of which have al- choose to work for these non-union em- gram of the Department of Defense to ready been dismissed, and 45 which ployers. include covered beneficiaries under the have been set for trial. Finally, R.D. I would urge my fellow Senators to military health care system who are Goss in Clearfield, Pennsylvania has join our colleagues in the House and also entitled to medicare. suffered the worst, having been hit pass the Truth in Employment Act. S. 1375 with 20 unfair labor cases, all but one The survival of America’s small busi- At the request of Mr. KOHL, the name of which was dismissed—but which nesses demand that we act. of the Senator from Colorado (Mr. forced them out of business after 38 f CAMPBELL) was added as a cosponsor of years. ADDITIONAL COSPONSORS S. 1375, a bill to promote energy con- Mr. President, I support the right of servation investments in Federal fa- workers to organize, and I am always S. 236 cilities, and for other purposes. reluctant to propose federal legislation RAMS At the request of Mr. G , the S. 1413 that interferes in private matters—par- name of the Senator from Oklahoma At the request of Mr. LUGAR, the ticularly private contractual relation- (Mr. INHOFE) was added as a cosponsor name of the Senator from Illinois (Ms. ships between employers and employ- of S. 236, a bill to abolish the Depart- MOSELEY-BRAUN) was added as a co- ees. However, in this case, as the above ment of Energy, and for other pur- sponsor of S. 1413, a bill to provide a examples show, the federal govern- poses. framework for consideration by the ment, particularly through the Na- S. 887 legislative and executive branches of tional Labor Relations Board, is At the request of Ms. MOSELEY- unilateral economic sanctions. wreaking havoc on merit shop contrac- RAUN B , the name of the Senator from S. 1525 tors through this unfair, but legal, Pennsylvania (Mr. SANTORUM) was practice. At the request of Mr. SPECTER, the added as a cosponsor of S. 887, a bill to name of the Senator from Georgia (Mr. Evidence as to the true nature and establish in the National Service the COVERDELL) was added as a cosponsor intent of union salting was best ex- National Underground Railroad Net- plained in the Organizing Manual of of S. 1525, a bill to provide financial as- work to Freedom program, and for sistance for higher education to the de- the International Brotherhood of Elec- other purposes. trical Workers (IBEW), which stated pendents of Federal, State, and local S. 981 that the true goal of ‘‘salting’’ is to: public safety officers who are killed or At the request of Mr. LEVIN, the permanently and totally disabled as . . . threaten or actually apply the eco- name of the Senator from Tennessee nomic pressure necessary to cause the em- the result of a traumatic injury sus- ployer to . . . raise his prices to recoup addi- (Mr. FRIST) was added as a cosponsor of tained in the line of duty. tional costs, scale back his business activi- S. 981, a bill to provide for analysis of S. 1580 major rules. ties, leave the union’s jurisdiction, go out of At the request of Mr. SHELBY, the business, and so on. S. 1069 name of the Senator from Arkansas Or, more bluntly, in the words of an At the request of Mr. MURKOWSKI, the (Mr. HUTCHINSON) was added as a co- IBEW organizing flyer, the goal is: name of the Senator from California sponsor of S. 1580, a bill to amend the . . . infiltration, confrontation, litigation, (Mrs. FEINSTEIN) was added as a co- Balanced Budget Act of 1997 to place an disruption, and hopefully annihilation of all sponsor of S. 1069, a bill entitled the 18-month moratorium on the prohibi- non-union contractors. ‘‘National Discovery Trails Act of tion of payment under the medicare On February 13, 1997, I introduced 1997.’’ program for home health services con- legislation that addresses the issue of S. 1141 sisting of venipuncture solely for the salting. This legislation, The Truth in At the request of Mr. JOHNSON, the purpose of obtaining a blood sample, Employment Act of 1997, would have name of the Senator from South Caro- and to require the Secretary of Health allowed employers to reject an appli- lina (Mr. THURMOND) was added as a co- and Human Services to study potential cant that has no intention of actually sponsor of S. 1141, a bill to amend the fraud and abuse under such program working for the company, but who was Energy Policy Act of 1992 to take into with respect to such services. instead solely interested in organizing account newly developed renewable en- S. 1712 and harassing their employer and fel- ergy-based fuels and to equalize alter- At the request of Mr. JEFFORDS, the low employees. Earlier this month, the native fuel vehicle acquisition incen- names of the Senator from North Caro- House of Representatives passed their tives to increase the flexibility of con- lina (Mr. FAIRCLOTH) and the Senator own version of the Truth in Employ- trolled fleet owners and operators, and from Wisconsin (Mr. FEINGOLD) were ment Act, under the able leadership of for other purposes. added as cosponsors of S. 1712, a bill to Chairman BILL GOODLING of Pennsyl- S. 1251 amend title XXVII of the Public Health vania and Chairman HARRIS FAWELL of At the request of Mr. D’AMATO, the Service Act and part 7 of subtitle B of Illinois, both of whom I had the privi- name of the Senator from Nebraska title I of the Employee Retirement In- lege of serving with when I was a Mem- (Mr. HAGEL) was added as a cosponsor come Security Act of 1974 to improve ber of the House. of S. 1251, a bill to amend the Internal the quality of health plans and provide Today, I am introducing new legisla- Revenue Code of 1986 to increase the protections for consumers enrolled in tion to address this issue of salting. My amount of private activity bonds which such plans. new bill, the Truth in Employment Act may be issued in each State, and to of 1998 is identical to the House passed S. 1774 index such amount for inflation. version. At the request of Mr. LOTT, the name Mr. President, the strength of this S. 1252 of the Senator from Georgia (Mr. country rests on the freedom of indi- At the request of Mr. D’AMATO, the COVERDELL) was added as a cosponsor viduals to pursue their dreams and name of the Senator from Nebraska of S. 1774, a bill to amend the Consoli- ideas, and to risk their own capital to (Mr. HAGEL) was added as a cosponsor dated Farm and Rural Development open and operate small businesses. of S. 1252, a bill to amend the Internal Act to authorize the Secretary of Agri- Likewise, this country is built on the Revenue Code of 1986 to increase the culture to make guaranteed farm own- principle that workers are free to sell amount of low-income housing credits ership loans and guaranteed farm oper- their labor, and if they deem necessary, which may be allocated in each State, ating loans of up to $600,000, and to in- to join fellow workers to negotiate and to index such amount for inflation. crease the maximum loan amounts higher pay or better working condi- S. 1273 with inflation. tions. This measure will not undermine At the request of Mr. GRAHAM, the S. 1802 either of these legitimate rights. This name of the Senator from South Caro- At the request of Mr. ASHCROFT, his bill only seeks to stop the destructive lina (Mr. HOLLINGS) was added as a co- name was added as a cosponsor of S. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3545 1802, a bill to authorize appropriations of S. 1970, a bill to require the Sec- to the principles of non-violence, commenced for the Surface Transportation Board retary of the Interior to establish a all-party talks in June 1996, and those talks for fiscal years 1999, 2000, and 2001. program to provide assistance in the greatly intensified in the Spring of 1998 conservation of neotropical migratory under the chairmanship of former United S. 1825 States Senator George Mitchell; At the request of Mrs. MURRAY, the birds. Whereas the active participation of British name of the Senator from North Caro- SENATE CONCURRENT RESOLUTION 75 Prime Minister Tony Blair and Irish lina (Mr. HELMS) was added as a co- At the request of Mr. FEINGOLD, the Taoiseach Bertie Ahern was indispensable to sponsor of S. 1825, a bill to amend title names of the Senator from South Da- the success of negotiations; 10, United States Code, to provide suffi- kota (Mr. JOHNSON), the Senator from Whereas the support and encouragement cient funding to assure a minimum size South Dakota (Mr. DASCHLE), the Sen- for the Northern Ireland peace process by President Clinton, on behalf of the United ator from Massachusetts (Mr. KEN- for honor guard details at funerals of States, was also an important factor in the veterans of the Armed Forces, to estab- NEDY), the Senator from Idaho (Mr. success of the negotiations; lish the minimum size of such details, KEMPTHORNE), the Senator from North Whereas on April 10, 1998, the political par- and for other purposes. Dakota (Mr. DORGAN), the Senator ties, together with the British and Irish Gov- S. 1858 from North Dakota (Mr. CONRAD), the ernments successfully concluded the North- ern Ireland Peace Agreement; At the request of Mr. JEFFORDS, the Senator from Nebraska (Mr. HAGEL), Whereas people throughout the island will name of the Senator from Washington the Senator from Michigan (Mr. LEVIN), the Senator from Ohio (Mr. have an opportunity to approve or reject the (Mrs. MURRAY) was added as a cospon- final agreement during the May 22 referen- GLENN), and the Senator from Massa- sor of S. 1858, a bill to amend the So- dums; chusetts (Mr. KERRY) were added as co- cial Security Act to provide individ- Whereas the British and Irish Governments uals with disabilities with incentives sponsors of Senate Concurrent Resolu- have committed to making the necessary to become economically self-sufficient. tion 75, a concurrent resolution honor- constitutional and other legal changes nec- ing the sesquicentennial of Wisconsin essary to bring the agreement into effect S. 1868 statehood. after the referendum approval processes have At the request of Mr. NICKLES, the AMENDMENT NO. 2303 been concluded: Now, therefore, be it names of the Senator from North Caro- Resolved by the Senate (the House of Rep- At the request of Mr. LEVIN the lina (Mr. FAIRCLOTH) and the Senator resentatives concurring), that it is the sense of names of the Senator from Washington from Colorado (Mr. ALLARD) were the Congress that— (Mrs. MURRAY) and the Senator from added as cosponsors of S. 1868, a bill to (1) All of the participants in the Illinois (Ms. MOSELEY-BRAUN) were express United States foreign policy neogiations deserve congratulations for their added as cosponsors of amendment No. with respect to, and to strengthen willingness to make honorable compromises 2303 proposed to H.R. 2646, a bill to in order to reach an agreement that prom- United States advocacy on behalf of, amend the Internal Revenue Code of ises to end the tragic cycle of violence that individuals persecuted for their faith 1986 to allow tax-free expenditures has dominated Northern Ireland for decades; worldwide; to authorize United States from education individual retirement (2) Prime Minister Tony Blair and actions in response to religious perse- accounts for elementary and secondary Taoiseach Bertie Ahern deserve particular cution worldwide; to establish an Am- credit for their leadership and constant en- school expenses, to increase the maxi- bassador at Large on International Re- couragement in support of the peace process; mum annual amount of contributions ligious Freedom within the Depart- (3) The American people can be especially to such accounts, and for other pur- ment of State, a Commission on Inter- proud of the contributions made by the poses. United States in the quest for peace, includ- national Religious Persecution, and a f ing President Clinton’s vision and deter- Special Adviser on International Reli- mination to achieve peace in Northern Ire- gious Freedom within the National Se- SENATE CONCURRENT RESOLU- land and his personal commitment to remain curity Council; and for other purposes. TION 90—TO ACKNOWLEDGE THE an active supporter throughout the process; S. 1900 HISTORIC NORTHERN IRELAND (4) All friends of Ireland owe a lasting debt of gratitude to Senator George Mitchell for At the request of Mr. D’AMATO, the PEACE AGREEMENT his dedication, courage, leadership, and wis- name of the Senator from Wyoming Mr. DODD (for himself, Mr. KENNEDY, dom in guiding the peace talks to a success- (Mr. THOMAS) was added as a cosponsor Mr. MOYNIHAN, Mr. DASCHLE, Mr. ful conclusion. of S. 1900, a bill to establish a commis- LEAHY, Mr. LAUTENBERG, Mr. KERRY, f sion to examine issues pertaining to Mr. MACK, Mr. D’AMATO, and Mr. the disposition of Holocaust-era assets WELLSTONE) submitted the following SENATE RESOLUTION 214—DIRECT- in the United States before, during, concurrent resolution; which was con- ING THE SECRETARY OF THE and after World War II, and to make sidered and agreed to: SENATE TO REQUEST THE recommendations to the President on HOUSE OF REPRESENTATIVES S. CON. RES. 90 further action, and for other purposes. TO RETURN THE OFFICIAL PA- Whereas the people of Ireland have experi- S. 1907 enced civil conflict throughout their history PERS ON S. 414 At the request of Mr. DASCHLE, the with the latest phase, known as The Trou- Mrs. HUTCHISON submitted the fol- name of the Senator from South Da- bles, ongoing for the last thirty years; lowing resolution; which considered kota (Mr. JOHNSON) was added as a co- Whereas this tragic history has cost the and agreed to: lives of thousands of men, women, and chil- sponsor of S. 1907, a bill to amend the S. RES. 215 Internal Revenue Code of 1986 to allow dren, and has left a deep and profound legacy of suffering; Resolved, That the Secretary of the Senate a refundable tax credit for wetland res- Whereas the governments of the Republic is directed to request the House of Rep- toration and conservation expenses. of Ireland and the United Kingdom have en- resentatives to return to the Senate the offi- S. 1963 deavored for many years to facilitate a cial papers on S. 414, entitled ‘‘An Act to At the request of Mr. THURMOND, the peaceful resolution to the conflict in North- amend the Shipping Act of 1984 to encourage name of the Senator from North Caro- ern Ireland; and such efforts, including the competition in international shipping and 1985 Anglo-Irish Agreement, the 1993 Joint growth of United States exports, and for lina (Mr. FAIRCLOTH) was added as a co- Declaration, and the 1995 New Framework other purposes’’. sponsor of S. 1963, a bill to amend title for Agreement, were important milestones in SEC. 2. Upon the return of the official pa- 10, United States Code, to permit cer- guiding the parties toward a political agree- pers from the House of Representatives, the tain beneficiaries of the military ment; Secretary of the Senate is directed to make health care system to enroll in Federal Whereas the announced cessation of armed the following change in the text of the bill, employees health benefits plans. hostilities in 1994 by the Irish Republican viz: Army and the Combined Loyalist Military In the amendment of section 8(f) of the S. 1970 Command created the opportunity for all-in- Shipping Act of 1984 by section 106(e) of the At the request of Mr. ABRAHAM, the clusive political discussions to occur; bill, insert a comma and ‘‘including limita- name of the Senator from Colorado Whereas representatives from Northern tions of liability for cargo loss or damage,’’ (Mr. ALLARD) was added as a cosponsor Ireland’s political parties, pledging to adhere after ‘‘practices’’. S3546 CONGRESSIONAL RECORD — SENATE April 23, 1998 AMENDMENTS SUBMITTED SEC. ll05. DEFINITIONS. SEC. ll09. AUTHORIZATION OF APPROPRIA- In this title: TIONS. (1) SCHOOL.—The term ‘‘school’’ means a There is authorized to be appropriated to public kindergarten, or a public elementary carry out this title $50,000,000 for each of the THE EDUCATION SAVINGS ACT fiscal years 1998 through 2002. FOR PUBLIC AND PRIVATE school or secondary school, as defined in sec- tion 14101 of the Elementary and Secondary SEC. ll10. SENSE OF THE SENATE. SCHOOLS Education Act of 1965 (20 U.S.C. 8801). It is the sense of the Senate that funding (2) SECRETARY.—The term ‘‘Secretary’’ to carry out this title should be provided by means the Secretary of Education. a reduction in certain function 920 allow- DODD (AND OTHERS) AMENDMENT SEC. ll06. PROGRAM AUTHORIZED. ances, as such reduction was provided in the NO. 2305 The Secretary is authorized to carry out a Senate-passed budget resolution for fiscal year 1999. Mr. DODD (for himself, Mr. LEAHY, program under which the Secretary awards Mr. HARKIN, Mr. KENNEDY, Mr. grants to schools to enable the schools to WELLSTONE, Mrs. BOXER, and Mr. REED) carry out the activities described in section DORGAN AMENDMENT NO. 2307 ll07(a). proposed an amendment to the bill Mr. COVERDELL (for Mr. DORGAN) (H.R. 2646) to amend the Internal Reve- SEC. ll07. AUTHORIZED ACTIVITIES; REQUIRE- proposed an amendment to the bill, MENTS. nue Code of 1986 to allow tax-free ex- H.R. 2646, supra; as follows: (a) AUTHORIZED ACTIVITIES.— penditures from education individual (1) REQUIRED.—Each school receiving a At the end, add the following: retirement accounts for elementary grant under this title shall carry out at least SEC. . SAFER SCHOOLS. and secondary school expenses, to in- 2 of the following activities: (a) SHORT TITLE.—This section may be crease the maximum annual amount of (A) Mentoring programs. cited as the ‘‘Safer Schools Act of 1998’’. contributions to such accounts, and for (B) Academic assistance. (b) AMENDMENT.—Section 14601 of the Gun- other purposes; as follows: (C) Recreational activities. Free Schools Act of 1994 (20 U.S.C. 8921) is (D) Technology training. amended by adding at the end the following Strike section 101, and insert the follow- (2) PERMISSIVE.—Each school receiving a new subsection: ing: grant under this title may carry out any of ‘‘(g) For the purposes of this section, a SEC. 101. FUNDING FOR PART B OF IDEA. the following activities: weapon that has been determined to have Any net revenue increases resulting from (A) Drug, alcohol, and gang, prevention ac- been brought to a school by a student shall the enactment of title II that remain avail- tivities. be admissible as evidence in any internal able, taking into account the provisions of (B) Health and nutrition counseling. school disciplinary proceeding (related to an this title, shall be used to carry out part B (C) Job skills preparation activities. expulsion under this section.’’. of the Individuals with Disabilities Edu- (b) TIME.—A school shall provide the ac- cation Act (20 U.S.C. 1411 et seq.). tivities described in subsection (a) only after BINGAMAN (AND OTHERS) regular school hours during the school year. AMENDMENT NO. 2308 BOXER (AND OTHERS) (c) SPECIAL RULE.—Each school receiving a Mr. BINGAMAN (for himself and Mr. AMENDMENT NO. 2306 grant under this title shall carry out activi- ties described in subsection (a) in a manner REID, Mrs. FEINSTEIN, Mr. CHAFEE, and Mrs. BOXER (for herself, Mrs. MUR- that reflects the specific needs of the popu- Mr. BRYAN) proposed an amendment to RAY, Mr. BINGAMAN, Mr. JOHNSON, Mr. lation, students, and community to be the bill, H.R. 2646, supra; as follows: LIEBERMAN, Mr. SARBANES, Mr. KERRY, served. At the end, add the following: Mr. DODD, Mr. DURBIN, Mr. LEVIN, Mr. (d) LOCATION.—A school shall carry out the ll activities described in subsection (a) in a TITLE —DROPOUT PREVENTION AND AKAKA, Mr. KOHL, Mr. WELLSTONE, Mr. STATE RESPONSIBILITIES BRYAN, Mr. KENNEDY, Mr. INOUYE, Mr. school building or other public facility des- ignated by the school. SEC. ll01. SHORT TITLE. DASCHLE, Ms. MOSELEY-BRAUN, and Ms. (e) ADMINISTRATION.—In carrying out the This title may be cited as the ‘‘National MIKULSKI) proposed an amendment to activities described in subsection (a), a Dropout Prevention Act of 1998’’. the bill, H.R. 2646, supra; as follows: school is encouraged— Subtitle A—Dropout Prevention At the end, add the following: (1) to request volunteers from the business SEC. ll11. DROPOUT PREVENTION. TITLE ll—AFTER SCHOOL EDUCATION and academic communities to serve as men- Part C of title V of the Elementary and AND SAFETY tors or to assist in other ways; Secondary Education Act of 1965 (20 U.S.C. (2) to request donations of computer equip- SECTION ll01. SHORT TITLE. 7261 et seq.) is amended to read as follows: ment; and This title may be cited as the ‘‘After (3) to work with State and local park and ‘‘PART C—ASSISTANCE TO ADDRESS School Education and Safety Act of 1998’’. recreation agencies so that activities which SCHOOL DROPOUT PROBLEMS SEC. ll02. PURPOSE. are described in subsection (a) and carried ‘‘Subpart 1—Coordinated National Strategy The purpose of this title is to improve aca- out prior to the date of enactment of this ‘‘SEC. 5311. NATIONAL ACTIVITIES. demic and social outcomes for students by Act are not duplicated by activities assisted ‘‘(a) NATIONAL PRIORITY.—It shall be a na- providing productive activities during after under this title. tional priority, for the 5-year period begin- school hours. SEC. ll08. APPLICATIONS. ning on the date of enactment of the Na- ll SEC. 03. FINDINGS. Each school desiring a grant under this tional Dropout Prevention Act of 1998, to Congress makes the following findings: title shall submit an application to the Sec- lower the school dropout rate, and increase (1) Today’s youth face far greater social retary at such time, in such manner, and ac- school completion, for middle school and sec- risks than did their parents and grand- companied by such information as the Sec- ondary school students in accordance with parents. retary may require. Each such application Federal law. As part of this priority, all Fed- (2) Students spend more of their waking shall— eral agencies that carry out activities that hours alone, without supervision, compan- (1) identify how the goals set forth in sec- serve students at risk of dropping out of ionship, or activity than the students spend tion ll04 shall be met by the activities as- school or that are intended to help address in school. sisted under this title; the school dropout problem shall make (3) Law enforcement statistics show that (2) provide evidence of collaborative efforts school dropout prevention a top priority in youth who are ages 12 through 17 are most at by students, parents, teachers, site adminis- the agencies’ funding priorities during the 5- risk of committing violent acts and being trators, and community members in the year period. victims of violent acts between 3 p.m. and 6 planning and administration of the activi- ‘‘(b) ENHANCED DATA COLLECTION.—The p.m. ties; Secretary shall collect systematic data on SEC. ll04. GOALS. (3) contain a description of how the activi- the participation of different racial and eth- The goals of this title are as follows: ties will be administered; nic groups (including migrant and limited (1) To increase the academic success of stu- (4) demonstrate how the activities will uti- English proficient students) in all Federal dents. lize or cooperate with publicly or privately programs. (2) To improve the intellectual, social, funded programs in order to avoid duplica- ‘‘SEC. 5312. NATIONAL SCHOOL DROPOUT PRE- physical, and cultural skills of students. tion of activities in the community to be VENTION STRATEGY. (3) To promote safe and healthy environ- served; ‘‘(a) PLAN.—The Director shall develop, im- ments for students. (5) contain a description of the funding plement, and monitor an interagency plan (4) To prepare students for workforce par- sources and in-kind contributions that will (in this section referred to as the ‘‘plan’’) to ticipation. support the activities; and assess the coordination, use of resources, and (5) To provide alternatives to drug, alco- (6) contain a plan for obtaining non-Fed- availability of funding under Federal law hol, tobacco, and gang, activity. eral funding for the activities. that can be used to address school dropout April 23, 1998 CONGRESSIONAL RECORD — SENATE S3547 prevention, or middle school or secondary this section shall be used for dissemination ‘‘(i) school size; school reentry. The plan shall be completed activities within the school district or na- ‘‘(ii) costs of the model being implemented; and transmitted to the Secretary and Con- tionally. and gress not later than 180 days after the first ‘‘Subpart 2—National School Dropout ‘‘(iii) local cost factors such as poverty Director is appointed. Prevention Initiative rates; ‘‘(b) COORDINATION.—The plan shall address ‘‘SEC. 5321. FINDINGS. ‘‘(B) in the second such year, in an amount inter- and intra-agency program coordina- ‘‘Congress finds that, in order to lower that is not less than 75 percent of the tion issues at the Federal level with respect dropout rates and raise academic achieve- amount the school received under this sub- to school dropout prevention and middle ment levels, improved and redesigned part in the first such year; school and secondary school reentry, assess schools must— ‘‘(C) in the third year, in an amount that is the targeting of existing Federal services to ‘‘(1) challenge all children to attain their not less than 50 percent of the amount the students who are most at risk of dropping highest academic potential; and school received under this subpart in the out of school, and the cost-effectiveness of ‘‘(2) ensure that all students have substan- first such year; and various programs and approaches used to ad- tial and ongoing opportunities to— ‘‘(D) in each succeeding year in an amount dress school dropout prevention. ‘‘(A) achieve high levels of academic and that is not less than 30 percent of the ‘‘(c) AVAILABLE RESOURCES.—The plan technical skills; amount the school received under this sub- shall also describe the ways in which State ‘‘(B) prepare for college and careers; part in the first such year. and local agencies can implement effective ‘‘(C) learn by doing; ‘‘(2) INCREASES.—The Director shall in- school dropout prevention programs using ‘‘(D) work with teachers in small schools crease the amount awarded to a school under funds from a variety of Federal programs, in- within schools; this subpart by 10 percent if the school cre- cluding the programs under title I of the Ele- ‘‘(E) receive ongoing support from adult ates smaller learning communities within mentary and Secondary Education Act of mentors; the school and the creation is certified by 1965 (20 U.S.C. 6301 et seq.) and the School-to- ‘‘(F) access a wide variety of information the State educational agency. Work Opportunities Act of 1994 (20 U.S.C. ‘‘(e) DURATION.—A grant under this subpart about careers and postsecondary education 6101 et seq.). shall be awarded for a period of 3 years, and and training; ‘‘(d) SCOPE.—The plan will address all Fed- may be continued for a period of 2 additional ‘‘(G) use technology to enhance and moti- eral programs with school dropout preven- years if the State educational agency deter- vate learning; and tion or school reentry elements or objec- mines, based on the annual reports described ‘‘(H) benefit from strong links among mid- tives, programs under chapter 1 of subpart 2 in section 5328(a), that significant progress dle schools, secondary schools, and post- of part A of title IV of the Higher Education has been made in lowering the school drop- secondary institutions. Act of 1965 (20 U.S.C. 1070a–11 et seq.), title I out rate for students participating in the of the Elementary and Secondary Education ‘‘SEC. 5322. PROGRAM AUTHORIZED. program assisted under this subpart com- Act of 1965 (20 U.S.C. 6301 et seq.), the ‘‘(a) ALLOTMENTS TO STATES.— pared to students at similar schools who are School-to-Work Opportunities Act of 1994 (20 ‘‘(1) IN GENERAL.—From the sum made not participating in the program. available under section 5332(b) for a fiscal U.S.C. 6101 et seq.), and part B of title IV of ‘‘SEC. 5323. STRATEGIES AND ALLOWABLE MOD- the Job Training Partnership Act (29 U.S.C. year the Secretary shall make an allotment ELS. 1691 et seq.), and other programs. to each State in an amount that bears the ‘‘(a) STRATEGIES.—Each school receiving a same relation to the sum as the amount the ‘‘SEC. 5313. NATIONAL CLEARINGHOUSE. grant under this subpart shall implement re- State received under title I of the Elemen- search-based, sustainable, and widely rep- ‘‘Not later than 6 months after the date of tary and Secondary Education Act of 1965 (20 enactment of the National Dropout Preven- licated, strategies for school dropout preven- U.S.C. 6301 et seq.) for the preceding fiscal tion and reentry that address the needs of an tion Act of 1998, the Director shall establish year bears to the amount received by all entire school population rather than a subset a national clearinghouse on effective school States under such title for the preceding fis- of students. The strategies may include— dropout prevention, intervention and reentry cal year. ‘‘(1) specific strategies for targeted pur- programs. The clearinghouse shall be estab- ‘‘(2) DEFINITION OF STATE.—In this subpart, poses; and lished through a competitive grant or con- the term ‘‘State’’ means each of the several ‘‘(2) approaches such as breaking larger tract awarded to an organization with a States of the United States, the District of schools down into smaller learning commu- demonstrated capacity to provide technical Columbia, the Commonwealth of Puerto nities and other comprehensive reform ap- assistance and disseminate information in Rico, the United States Virgin Islands, proaches, developing clear linkages to career the area of school dropout prevention, inter- Guam, American Samoa, the Commonwealth skills and employment, and addressing spe- vention, and reentry programs. The clearing- of the Northern Mariana Islands, the Repub- cific gatekeeper hurdles that often limit stu- house shall— lic of the Marshall Islands, the Federated dent retention and academic success. ‘‘(1) collect and disseminate to educators, States of Micronesia, and the Republic of ‘‘(b) ALLOWABLE MODELS.—The Director parents, and policymakers information on Palau. shall annually establish and publish in the research, effective programs, best practices, ‘‘(b) GRANTS.—From amounts made avail- Federal Register the principles, criteria, and available Federal resources with respect able to a State under subsection (a), the models, and other parameters regarding the to school dropout prevention, intervention, State educational agency may award grants types of effective, proven program models and reentry programs, including dissemina- to public middle schools or secondary that are allowed to be used under this sub- tion by an electronically accessible data- schools, that have school dropout rates part, based on existing research. base, a worldwide Web site, and a national which are in the highest 1⁄3 of all school drop- ‘‘(c) CAPACITY BUILDING.— journal; and out rates in the State, to enable the schools ‘‘(1) IN GENERAL.—The Director, through a ‘‘(2) provide technical assistance regarding to pay only the startup and implementation contract with a non-Federal entity, shall securing resources with respect to, and de- costs of effective, sustainable, coordinated, conduct a capacity building and design ini- signing and implementing, effective and and whole school dropout prevention pro- tiative in order to increase the types of prov- comprehensive school dropout prevention, grams that involve activities such as— en strategies for dropout prevention on a intervention, and reentry programs. ‘‘(1) professional development; schoolwide level. ‘‘SEC. 5314. NATIONAL RECOGNITION PROGRAM. ‘‘(2) obtaining curricular materials; ‘‘(2) NUMBER AND DURATION.— ‘‘(a) IN GENERAL.—The Director shall carry ‘‘(3) release time for professional staff; and ‘‘(A) NUMBER.—The Director shall award out a national recognition program that rec- ‘‘(4) planning and research; not more than 5 contracts under this sub- ognizes schools that have made extraor- ‘‘(5) remedial education; section. dinary progress in lowering school dropout ‘‘(6) reduction in pupil-to-teacher ratios; ‘‘(B) DURATION.—The Director shall award rates under which a public middle school or ‘‘(7) efforts to meet State student achieve- a contract under this section for a period of secondary school from each State will be ment standards; and not more than 5 years. recognized. The Director shall use uniform ‘‘(8) counseling for at-risk students. ‘‘(d) SUPPORT FOR EXISTING REFORM NET- national guidelines that are developed by the ‘‘(b) INTENT OF CONGRESS.—It is the intent WORKS.— Director for the recognition program and of Congress that the activities started or im- ‘‘(1) IN GENERAL.—The Director shall pro- shall recognize schools from nominations plemented under subsection (a) shall be con- vide appropriate support to eligible entities submitted by State educational agencies. tinued with funding provided under part A of to enable the eligible entities to provide ‘‘(b) ELIGIBLE SCHOOLS.—The Director may title I of the Elementary and Secondary Edu- training, materials, development, and staff recognize any public middle school or sec- cation Act of 1965 (20 U.S.C. 6311 et seq.). assistance to schools assisted under this sub- ondary school (including a charter school) ‘‘(d) AMOUNT.— part. that has implemented comprehensive re- ‘‘(1) IN GENERAL.—Subject to subsection (e) ‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—The forms regarding the lowering of school drop- and except as provided in paragraph (2), a term ‘eligible entity’ means an entity that, out rates for all students at that school. grant under this subpart shall be awarded— prior to the date of enactment of the Na- ‘‘(c) SUPPORT.—The Director may make ‘‘(A) in the first year that a school receives tional Dropout Prevention Act of 1998— monetary awards to schools recognized a grant payment under this subpart, in an ‘‘(A) provided training, technical assist- under this section, in amounts determined amount that is not less than $50,000 and not ance, and materials to 100 or more elemen- by the Director. Amounts received under more than $100,000, based on factors such as— tary schools or secondary schools; and S3548 CONGRESSIONAL RECORD — SENATE April 23, 1998 ‘‘(B) developed and published a specific ‘‘(II) with respect to which the feeder tivities assisted under this subpart on school educational program or design for use by the schools that provide the majority of the in- dropout prevention compared to a control schools. coming students to the school serve students group. ‘‘SEC. 5324. SELECTION OF SCHOOLS. 50 percent or more of whom are low-income ‘‘SEC. 5329. PROHIBITION ON TRACKING. ‘‘(a) SCHOOL APPLICATION.— individuals; or ‘‘(a) IN GENERAL.—A school shall be ineli- ‘‘(1) IN GENERAL.—Each school desiring a ‘‘(B) is participating in a schoolwide pro- gible to receive funding under this subpart grant under this subpart shall submit an ap- gram under section 1114 during the grant pe- for a fiscal year, if the school— plication to the State educational agency at riod. ‘‘(1) has in place a general education track; such time, in such manner, and accompanied ‘‘(2) OTHER SCHOOLS.—A private or paro- ‘‘(2) provides courses with significantly dif- by such information as the State educational chial school, an alternative school, or a ferent material and requirements to students agency may require. school within a school, is not eligible to re- at the same grade level; or ‘‘(2) CONTENTS.—Each application submit- ceive a grant under this subpart, but an al- ‘‘(3) fails to encourage all students to take ted under paragraph (1) shall— ternative school or school within a school a core curriculum of courses. ‘‘(b) REGULATIONS.—The Secretary shall ‘‘(A) contain a certification from the local may be served under this subpart as part of promulgate regulations implementing sub- educational agency serving the school that— a whole school reform effort within an entire section (a). ‘‘(i) the school has the highest number or school building. rates of school dropouts in the age group ‘‘(e) COMMUNITY-BASED ORGANIZATIONS.—A ‘‘Subpart 3—Definitions; Authorization of served by the local educational agency; school that receives a grant under this sub- Appropriations ‘‘(ii) the local educational agency is com- part may use the grant funds to secure nec- ‘‘SEC. 5331. DEFINITIONS. mitted to providing ongoing operational sup- essary services from a community-based or- ‘‘In this Act: port, for the school’s comprehensive reform ganization, including private sector entities, ‘‘(1) DIRECTOR.—The term ‘‘Director’’ plan to address the problem of school drop- if— means the Director of the Office of Dropout outs, for a period of 5 years; and ‘‘(1) the school approves the use; Prevention and Program Completion estab- ‘‘(iii) the local educational agency will ‘‘(2) the funds are used to provide school lished under section 219 of the General Edu- support the plan, including— dropout prevention and reentry activities re- cation Provisions Act. ‘‘(I) release time for teacher training; lated to schoolwide efforts; and ‘‘(2) LOW-INCOME.—The term ‘‘low-income’’, ‘‘(II) efforts to coordinate activities for ‘‘(3) the community-based organization has used with respect to an individual, means an feeder schools; and demonstrated the organization’s ability to individual determined to be low-income in ‘‘(III) encouraging other schools served by provide effective services as described in sec- accordance with measures described in sec- the local educational agency to participate tion 107(a) of the Job Training Partnership tion 1113(a)(5) of the Elementary and Second- in the plan; Act (29 U.S.C. 1517(a)). ary Education Act of 1965 (20 U.S.C. ‘‘(B) demonstrate that the faculty and ad- ‘‘(f) COORDINATION.—Each school that re- 6313(a)(5)). ministration of the school have agreed to ceives a grant under this subpart shall co- ‘‘(3) SCHOOL DROPOUT.—The term ‘‘school apply for assistance under this subpart, and ordinate the activities assisted under this dropout’’ has the meaning given the term in provide evidence of the school’s willingness subpart with other Federal programs, such section 4(17) of the School-to-Work Opportu- and ability to use the funds under this sub- as programs assisted under chapter 1 of sub- nities Act of 1994 (20 U.S.C. 6103(17)). part, including providing an assurance of the part 2 of part A of title IV of the Higher Edu- ‘‘SEC. 5332. AUTHORIZATION OF APPROPRIA- support of 80 percent or more of the profes- cation Act of 1965 (20 U.S.C. 1070a–11 et seq.) TIONS. ‘‘(a) SUBPART 1.—There are authorized to sional staff at the school; and the School-to-Work Opportunities Act of be appropriated to carry out subpart 1, ‘‘(C) describe the instructional strategies 1994 (20 U.S.C. 6101 et seq.). $5,000,000 for fiscal year 1999 and such sums to be implemented, how the strategies will ‘‘SEC. 5325. DISSEMINATION ACTIVITIES. ‘‘Each school that receives a grant under as may be necessary for each of the 4 suc- serve all students, and the effectiveness of ceeding fiscal years. the strategies; this subpart shall provide information and technical assistance to other schools within ‘‘(b) SUBPART 2.—There are authorized to ‘‘(D) describe a budget and timeline for im- be appropriated to carry out subpart 2, the school district, including presentations, plementing the strategies; $145,000,000 for fiscal year 1999 and such sums document-sharing, and joint staff develop- ‘‘(E) contain evidence of interaction with as may be necessary for each of the 4 suc- ment. an eligible entity described in section ceeding fiscal years, of which— 5323(d)(2); ‘‘SEC. 5326. PROGRESS INCENTIVES. ‘‘(1) $125,000,000 shall be available to carry ‘‘(F) contain evidence of coordination with ‘‘Notwithstanding any other provision of out section 5322; and existing resources; law, each local educational agency that re- ‘‘(2) $20,000,000 shall be available to carry ‘‘(G) provide an assurance that funds pro- ceives funds under title I of the Elementary out section 5323.’’. and Secondary Education Act of 1965 (20 vided under this subpart will supplement and SEC. ll12. OFFICE OF DROPOUT PREVENTION not supplant other Federal, State, and local U.S.C. 6301 et seq.) shall use such funding to AND PROGRAM COMPLETION. funds; provide assistance to schools served by the Title II of the Department of Education ‘‘(H) describe how the activities to be as- agency that have not made progress toward Organization Act (20 U.S.C. 3411) is amend- sisted conform with an allowable model de- lowering school dropout rates after receiving ed— scribed in section 5323(b); and assistance under this subpart for 2 fiscal (1) by redesignating section 216 (as added ‘‘(I) demonstrate that the school and local years. by Public Law 103–227) as section 218; and educational agency have agreed to conduct a ‘‘SEC. 5327. SCHOOL DROPOUT RATE CALCULA- (2) by adding after section 218 (as redesig- schoolwide program under 1114. TION. nated by paragraph (1)) the following: ‘‘(b) STATE AGENCY REVIEW AND AWARD.— ‘‘For purposes of calculating a school drop- ‘‘OFFICE OF DROPOUT PREVENTION AND The State educational agency shall review out rate under this subpart, a school shall PROGRAM COMPLETION applications and award grants to schools use— ‘‘SEC. 219. (a) ESTABLISHMENT.—There shall ‘‘(1) the annual event school dropout rate under subsection (a) according to a review by be in the Department of Education an Office for students leaving a school in a single year a panel of experts on school dropout preven- of Dropout Prevention and Program Comple- tion. determined in accordance with the National tion (hereafter in this section referred to as ‘‘(c) CRITERIA.—The Director shall estab- Center for Education Statistics’ Common the ‘Office’), to be administered by the Di- lish clear and specific selection criteria for Core of Data, if available; or rector of the Office of Dropout Prevention awarding grants to schools under this sub- ‘‘(2) in other cases, a standard method for and Program Completion. The Director of part. Such criteria shall be based on school calculating the school dropout rate as deter- the Office shall report directly to the Sec- dropout rates and other relevant factors for mined by the State educational agency. retary and shall perform such additional State educational agencies to use in deter- ‘‘SEC. 5328. REPORTING AND ACCOUNTABILITY. functions as the Secretary may prescribe. mining the number of grants to award and ‘‘(a) REPORTING.—In order to receive fund- ‘‘(b) DUTIES.—The Director of the Office of the type of schools to be awarded grants. ing under this subpart for a fiscal year after Dropout Prevention and Program Comple- ‘‘(d) ELIGIBILITY.— the first fiscal year a school receives funding tion (hereafter in this section referred to as ‘‘(1) IN GENERAL.—A school is eligible to re- under this subpart, the school shall provide, the ‘Director’), through the Office, shall— ceive a grant under this subpart if the school on an annual basis, to the Director a report ‘‘(1) help coordinate Federal, State, and is— regarding the status of the implementation local efforts to lower school dropout rates ‘‘(A) a public school— of activities funded under this subpart, the and increase program completion by middle ‘‘(i) that is eligible to receive assistance disaggregated outcome data for students at school, secondary school, and college stu- under part A of title I of the Elementary and schools assisted under this subpart such as dents; Secondary Education Act of 1965 (20 U.S.C. dropout rates, and certification of progress ‘‘(2) recommend Federal policies, objec- 6311 et seq.), including a comprehensive sec- from the eligible entity whose strategies the tives, and priorities to lower school dropout ondary school, a vocational or technical sec- school is implementing. rates and increase program completion; ondary school, and a charter school; and ‘‘(b) ACCOUNTABILITY.—On the basis of the ‘‘(3) oversee the implementation of subpart ‘‘(ii)(I) that serves students 50 percent or reports submitted under subsection (a), the 2 of part C of title V of the Elementary and more of whom are low-income individuals; or Director shall evaluate the effect of the ac- Secondary Education Act of 1965; April 23, 1998 CONGRESSIONAL RECORD — SENATE S3549 ‘‘(4) develop and implement the National COVERDELL AMENDMENT NO. 2309 ‘‘(C) develop an awareness of printed lan- School Dropout Prevention Strategy under Mr. COVERDELL proposed an guage, the alphabet, and phonemic aware- section 5312 of the Elementary and Second- ness; and ary Education Act of 1965; amendment to the bill, H.R. 2646, ‘‘(D) develop an understanding that spoken ‘‘(5) annually prepare and submit to Con- supra; as follows: and written language is made up of pho- gress and the Secretary a national report de- At the appropriate place, insert the follow- nemes, syllables, and words. scribing efforts and recommended actions re- ing: ‘‘(6) RELIABLE, REPLICABLE RESEARCH.—The garding school dropout prevention and pro- TITLE ll—READING EXCELLENCE term ‘reliable, replicable research’ means ob- gram completion; SEC. ll01. SHORT TITLE. jective, valid, scientific studies that— ‘‘(6) recommend action to the Secretary This title may be cited as the ‘‘Reading ‘‘(A) include rigorously defined samples of and the President, as appropriate, regarding Excellence Act’’. subjects that are sufficiently large and rep- school dropout prevention and program com- Subtitle A—Reading Grants resentative to support the general conclu- pletion; and sions drawn; SEC. ll11. AMENDMENT TO ESEA FOR READING ‘‘(7) consult with and assist State and local GRANTS. ‘‘(B) rely on measurements that meet es- governments regarding school dropout pre- Title II of the Elementary and Secondary tablished standards of reliability and valid- vention and program completion. Education Act of 1965 (20 U.S.C. 6601 et seq.) ity; ‘‘(C) test competing theories, where mul- ‘‘(c) SCOPE OF DUTIES.—The scope of the is amended— Director’s duties under subsection (b) shall (1) by redesignating part D as part E; and tiple theories exist; include examination of all Federal and non- (2) by inserting after part C the following: ‘‘(D) are subjected to peer review before their results are published; and Federal efforts related to— ‘‘PART D—READING GRANTS ‘‘(1) promoting program completion for ‘‘(E) discover effective strategies for im- ‘‘SEC. 2351. PURPOSE. proving reading skills. children attending middle school or second- ‘‘The purposes of this part are as follows: ary school; ‘‘(1) To teach every child to read in their ‘‘SEC. 2353. GRANTS TO READING AND LITERACY ‘‘(2) programs to obtain a secondary school early childhood years— PARTNERSHIPS. diploma or its recognized equivalent (includ- ‘‘(A) as soon as they are ready to read; or ‘‘(a) PROGRAM AUTHORIZED.—The Secretary ing general equivalency diploma (GED) pro- ‘‘(B) as soon as possible once they enter may make grants on a competitive basis to grams), or college degree programs; and school, but not later than 3d grade. reading and literacy partnerships for the ‘‘(3) reentry programs for individuals aged ‘‘(2) To improve the reading skills of stu- purpose of permitting such partnerships to 12 to 24 who are out of school. dents, and the in-service instructional prac- make subgrants under sections 2354 and 2355. ‘‘(b) READING AND LITERACY PARTNER- ‘‘(d) DETAILING.—In carrying out the Direc- tices for teachers who teach reading, SHIPS.— tor’s duties under this section, the Director through the use of findings from reliable, ‘‘(1) COMPOSITION.— may request the head of any Federal depart- replicable research on reading, including ‘‘(A) REQUIRED PARTICIPANTS.—In order to ment or agency to detail personnel who are phonics. receive a grant under this section, a State engaged in school dropout prevention activi- ‘‘(3) To expand the number of high-quality shall establish a reading and literacy part- ties to another Federal department or agen- family literacy programs. nership consisting of at least the following cy in order to implement the National ‘‘(4) To reduce the number of children who participants: School Dropout Prevention Strategy.’’. are inappropriately referred to special edu- cation due to reading difficulties. ‘‘(i) The Governor of the State. Subtitle B—State Responsibilities ‘‘SEC. 2352. DEFINITIONS. ‘‘(ii) The chief State school officer. ‘‘For purposes of this part: ‘‘(iii) The chairman and the ranking mem- SEC. ll21. STATE RESPONSIBILITIES. ‘‘(1) ELIGIBLE PROFESSIONAL DEVELOPMENT ber of each committee of the State legisla- Title XIV of the Elementary and Second- PROVIDER.—The term ‘eligible professional ture that is responsible for education policy. ary Education Act of 1965 (20 U.S.C. 8801 et development provider’ means a provider of ‘‘(iv) A representative, selected jointly by seq.) is amended by adding at the end the fol- professional development in reading instruc- the Governor and the chief State school offi- lowing: tion to teachers that is based on reliable, cer, of at least 1 local educational agency replicable research on reading. that has at least 1 school that is identified ‘‘PART I—DROPOUT PREVENTION ‘‘(2) ELIGIBLE RESEARCH INSTITUTION.—The for school improvement under section 1116(c) term ‘eligible research institution’ means an in the geographic area served by the agency. ‘‘SEC. 14851. DROPOUT PREVENTION. institution of higher education at which reli- ‘‘(v) A representative, selected jointly by ‘‘In order to receive any assistance under able, replicable research on reading has been the Governor and the chief State school offi- this Act, a State educational agency shall conducted. cer, of a community-based organization comply with the following provisions regard- ‘‘(3) FAMILY LITERACY SERVICES.—The term working with children to improve their read- ing school dropouts: ‘family literacy services’ means services pro- ing skills, particularly a community-based ‘‘(1) UNIFORM DATA COLLECTION.—Within 1 vided to participants on a voluntary basis organization using volunteers. year after the date of enactment of the Na- that are of sufficient intensity in terms of ‘‘(B) OPTIONAL PARTICIPANTS.—A reading tional Dropout Prevention Act of 1998, a hours, and of sufficient duration, to make and literacy partnership may include addi- State educational agency shall report to the sustainable changes in a family (such as tional participants, who shall be selected Secretary and statewide, all school district eliminating or reducing welfare dependency) jointly by the Governor and the chief State and school data regarding school dropout and that integrate all of the following activi- school officer, which may include— rates in the State, and demographic break- ties: ‘‘(i) State directors of appropriate Federal downs, according to procedures that conform ‘‘(A) Interactive literacy activities be- or State programs with a strong reading with the National Center for Education Sta- tween parents and their children. component; tistics’ Common Core of Data. ‘‘(B) Equipping parents to partner with ‘‘(ii) a parent of a public or private school ‘‘(2) ATTENDANCE-NEUTRAL FUNDING POLI- their children in learning. student or a parent who educates their child CIES.—Within 2 years after the date of enact- ‘‘(C) Parent literacy training, including or children in their home; ment of the National Dropout Prevention training that contributes to economic self- ‘‘(iii) a teacher who teaches reading; or Act of 1998, a State educational agency shall sufficiency. ‘‘(iv) a representative of (I) an institution develop and implement education funding ‘‘(D) Appropriate instruction for children of higher education operating a program of formula policies for public schools that pro- of parents receiving parent literacy services. teacher preparation in the State; (II) a local vide appropriate incentives to retain stu- ‘‘(4) READING.—The term ‘reading’ means educational agency; (III) an eligible research dents in school throughout the school year, the process of comprehending the meaning of institution; (IV) a private nonprofit or for- such as— written text by depending on— profit eligible professional development pro- ‘‘(A) a student count methodology that ‘‘(A) the ability to use phonics skills, that vider providing instruction based on reliable, does not determine annual budgets based on is, knowledge of letters and sounds, to de- replicable research on reading; (V) a family attendance on a single day early in the aca- code printed words quickly and effortlessly, literacy service provider; (VI) an adult edu- demic year; and both silently and aloud; cation provider; (VII) a volunteer organiza- ‘‘(B) specific incentives for retaining en- ‘‘(B) the ability to use previously learned tion that is involved in reading programs; or rolled students throughout each year. strategies for reading comprehension; and (VIII) a school or a public library that offers ‘‘(3) SUSPENSION AND EXPULSION POLICIES.— ‘‘(C) the ability to think critically about reading or literacy programs for children or Within 2 years after the date of enactment of the meaning, message, and aesthetic value of families. the National Dropout Prevention Act of 1998, the text. ‘‘(2) AGREEMENT.—The contractual agree- a State educational agency shall develop ‘‘(5) READING READINESS.—The term ‘read- ment that establishes a reading and literacy uniform, long-term suspension and expulsion ing readiness’ means activities that— partnership— policies for serious infractions resulting in ‘‘(A) provide experience and opportunity ‘‘(A) shall specify— more than 10 days of exclusion from school for language development; ‘‘(i) the nature and extent of the associa- per academic year so that similar violations ‘‘(B) create appreciation of the written tion among the participants referred to in result in similar penalties.’’. word; paragraph (1); and S3550 CONGRESSIONAL RECORD — SENATE April 23, 1998 ‘‘(ii) the roles and duties of each such par- used to make subgrants under sections 2354 Literacy, the National Research Council of ticipant; and and 2355; the National Academy of Sciences, the Na- ‘‘(B) shall remain in effect during the en- ‘‘(2) shall be integrated, to the maximum tional Institute of Child Health and Human tire grant period proposed in the partner- extent possible, with State plans and pro- Development, and the Secretary. ship’s grant application under subsection (e). grams under this Act, the Individuals with ‘‘(B) EXPERTS.—The panel shall include ex- ‘‘(3) FUNCTIONS.—Each reading and literacy Disabilities Education Act (20 U.S.C. 1400 et perts who are competent, by virtue of their partnership for a State shall prepare and seq.), and, to the extent appropriate, the training, expertise, or experience, to evalu- submit an application under subsection (e) Adult Education Act (20 U.S.C. 1201 et seq.); ate applications under this section, and ex- and, if the partnership receives a grant under ‘‘(3) shall describe how the partnership will perts who provide professional development this section— ensure that professional development funds to teachers of reading to children and adults, ‘‘(A) shall solicit applications for, and available at the State and local levels are based on reliable, replicable research on award, subgrants under sections 2354 and used effectively to improve instructional reading. 2355; practices for reading and are based on reli- ‘‘(C) LIMITATION.—Not more than 1⁄3 of the ‘‘(B) shall oversee the performance of the able, replicable research on reading; panel may be composed of individuals who subgrants and submit performance reports in ‘‘(4) shall describe— are employees of the Federal Government. accordance with subsection (h); ‘‘(A) the contractual agreement that estab- ‘‘(2) PAYMENT OF FEES AND EXPENSES OF ‘‘(C) if sufficient grant funds are available lishes the partnership, including at least the CERTAIN MEMBERS.—The Secretary shall use under this part— elements of the agreement referred to in sub- funds reserved under section 2260(b)(2) to pay ‘‘(i) work to enhance the capacity of agen- section (b)(2); the expenses and fees of panel members who cies in the State to disseminate reliable, ‘‘(B) how the partnership will assess, on a are not employees of the Federal Govern- replicable research on reading to schools, regular basis, the extent to which the activi- ment. classrooms, and providers of early education ties undertaken by the partnership and the ‘‘(3) DUTIES OF PANEL.— and child care; partnership’s subgrantees under this part ‘‘(A) MODEL APPLICATION FORMS.—The peer ‘‘(ii) facilitate the provision of technical have been effective in achieving the purposes review panel shall develop a model applica- assistance to subgrantees under sections 2354 of this part; tion form for reading and literacy partner- and 2355 by providing the subgrantees infor- ‘‘(C) what evaluation instruments the part- ships desiring to apply for a grant under this mation about technical assistance providers; nership will use to determine the success of section. The peer review panel shall submit and local educational agencies to whom sub- the model application form to the Secretary ‘‘(iii) build on, and promote coordination grants under sections 2354 and 2355 are made for final approval. among, literacy programs in the State, in in achieving the purposes of this part; ‘‘(B) SELECTION OF APPLICATIONS.— order to increase their effectiveness and to ‘‘(D) how subgrants made by the partner- ‘‘(i) RECOMMENDATIONS OF PANEL.— avoid duplication of their efforts; and ship under such sections will meet the re- ‘‘(I) IN GENERAL.—The Secretary shall re- ‘‘(D) shall ensure that each local edu- quirements of this part, including how the ceive grant applications from reading and cational agency to which the partnership partnership will ensure that subgrantees will literacy partnerships under this section and makes a subgrant under section 2354 makes use practices based on reliable, replicable re- shall provide the applications to the peer re- available, upon request and in an under- search on reading; and view panel for evaluation. With respect to standable and uniform format, to any parent ‘‘(E) how the partnership will, to the ex- each application, the peer review panel shall of a student attending any school selected tent practicable, make grants to subgrantees initially recommend the application for under section 2354(a)(2) in the geographic in both rural and urban areas; funding or for disapproval. area served by the agency, information re- ‘‘(5) shall include an assurance that each ‘‘(II) PRIORITY.—In recommending applica- garding the qualifications of the student’s local educational agency to whom the part- tions to the Secretary, the panel shall give classroom teacher to provide instruction in nership makes a subgrant under section priority to applications from States that reading. 2354— have modified, are modifying, or provide an ‘‘(4) FISCAL AGENT.—The State educational ‘‘(A) will carry out family literacy pro- assurance that not later than 1 year after re- agency shall act as the fiscal agent for the grams based on the Even Start family lit- ceiving a grant under this section the State reading and literacy partnership for the pur- eracy model authorized under part B of title will modify, State teacher certification in poses of receipt of funds from the Secretary, I to enable parents to be their child’s first the area of reading to reflect reliable, disbursement of funds to subgrantees under and most important teacher, and will make replicable research, except that nothing in sections 2354 and 2355, and accounting for payments for the receipt of technical assist- this part shall be construed to establish a such funds. ance for the development of such programs; national system of teacher certification. ‘‘(c) PREEXISTING PARTNERSHIP.—If, before ‘‘(B) will carry out programs to assist ‘‘(III) RANKING OF APPLICATIONS.—With re- the date of the enactment of the Reading Ex- those kindergarten students who are not spect to each application recommended for cellence Act, a State established a consor- ready for the transition to 1st grade, particu- funding, the panel shall assign the applica- tium, partnership, or any other similar body, larly students experiencing difficulty with tion a rank, relative to other recommended that includes the Governor and the chief reading skills; applications, based on the priority described State school officer and has, as a central ‘‘(C) will use supervised individuals (in- in subclause (II), the extent to which the ap- part of its mission, the promotion of literacy cluding tutors), who have been appropriately plication furthers the purposes of this part, for children in their early childhood years trained using reliable, replicable research on and the overall quality of the application. through the 3d grade, but that does not sat- reading, to provide additional support, before ‘‘(IV) RECOMMENDATION OF AMOUNT.—With isfy the requirements of subsection (b)(1), school, after school, on weekends, during respect to each application recommended for the State may elect to treat that consor- non-instructional periods of the school day, funding, the panel shall make a rec- tium, partnership, or body as the reading or during the summer, for students in grades ommendation to the Secretary with respect and literacy partnership for the State not- 1 through 3 who are experiencing difficulty to the amount of the grant that should be withstanding such subsection, and the con- reading; and made. sortium, partnership, or body shall be con- ‘‘(D) will carry out professional develop- ‘‘(ii) SECRETARIAL SELECTION.— sidered a reading and literacy partnership ment for the classroom teacher and other ap- ‘‘(I) IN GENERAL.—Subject to clause (iii), for purposes of the other provisions of this propriate teaching staff on the teaching of the Secretary shall determine, based on the part. reading based on reliable, replicable research peer review panel’s recommendations, which ‘‘(d) MULTI-STATE PARTNERSHIP ARRANGE- on reading; and applications from reading and literacy part- MENTS.—A reading and literacy partnership nerships shall receive funding and the that satisfies the requirements of subsection ‘‘(6) shall describe how the partnership— amounts of such grants. In determining (b) may join with other such partnerships in ‘‘(A) will ensure that a portion of the grant other States to develop a single application funds that the partnership receives in each grant amounts, the Secretary shall take into that satisfies the requirements of subsection fiscal year will be used to make subgrants account the total amount of funds available (e) and identifies which State educational under section 2355; and for all grants under this section and the agency, from among the States joining, shall ‘‘(B) will make local educational agencies types of activities proposed to be carried out act as the fiscal agent for the multi-State ar- described in section 2355(a)(1) aware of the by the partnership. rangement. For purposes of the other provi- availability of such subgrants. ‘‘(II) EFFECT OF RANKING BY PANEL.—In sions of this part, any such multi-State ar- ‘‘(f) PEER REVIEW PANEL.— making grants under this section, the Sec- rangement shall be considered to be a read- ‘‘(1) COMPOSITION OF PEER REVIEW PANEL.— retary shall select applications according to ing and literacy partnership. ‘‘(A) IN GENERAL.—The National Institute the ranking of the applications by the peer ‘‘(e) APPLICATIONS.—A reading and literacy for Literacy, in consultation with the Na- review panel, except in cases where the Sec- partnership that desires to receive a grant tional Research Council of the National retary determines, for good cause, that a under this section shall submit an applica- Academy of Sciences, the National Institute variation from that order is appropriate. tion to the Secretary at such time, in such of Child Health and Human Development, ‘‘(iii) MINIMUM GRANT AMOUNTS.—Each manner, and including such information as and the Secretary, shall convene a panel to reading and literacy partnership selected to the Secretary may require. The application— evaluate applications under this section. At receive a grant under this section shall re- ‘‘(1) shall describe how the partnership will a minimum the panel shall include rep- ceive an amount for each fiscal year that is ensure that 95 percent of the grant funds are resentatives of the National Institute for not less than $100,000. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3551

‘‘(g) LIMITATION ON ADMINISTRATIVE EX- tion, has agreed to work with the applicant Start Act (42 U.S.C. 9801 et seq.) under PENSES.—A reading and literacy partnership in connection with such implementation and which— that receives a grant under this section may improvement efforts; ‘‘(A) the Head Start program agrees to se- use not more than 3 percent of the grant ‘‘(4) shall describe— lect the same model or models of reading in- funds for administrative costs. ‘‘(A) how the applicant will ensure that struction, as a model for implementing and ‘‘(h) REPORTING.— funds available under this part, and funds improving the reading readiness of children ‘‘(1) IN GENERAL.—A reading and literacy available for reading for grades kindergarten participating in the program, as was selected partnership that receives a grant under this through grade 6 from other appropriate by the applicant; and section shall submit performance reports to sources, are effectively coordinated and, ‘‘(B) the applicant agrees— the Secretary pursuant to a schedule to be where appropriate, integrated, with funds ‘‘(i) to share with the Head Start program determined by the Secretary, but not more under this Act in order to improve existing an appropriate amount of the applicant’s in- frequently than annually. Such reports shall activities in the areas of reading instruction, formation resources with respect to the include— professional development, program improve- model, such as curricula materials; and ‘‘(A) the results of use of the evaluation in- ment, parental involvement, technical as- ‘‘(ii) to train personnel from the Head struments referred to in subsection (e)(4)(C); sistance, and other activities that can help Start program; ‘‘(B) the process used to select subgrantees; meet the purposes of this part; and ‘‘(2) a contractual association with 1 or ‘‘(C) a description of the subgrantees re- ‘‘(B) the amount of funds available for more State- or federally-funded preschool ceiving funds under this part; and reading for grades kindergarten through programs, or family literacy programs, ‘‘(D) with respect to subgrants under sec- grade 6 from appropriate sources other than under which— tion 2354, the model or models of reading in- this part, including title I (except that such ‘‘(A) the program agrees to select the same struction, based on reliable, replicable re- description shall not be required to include model or models of reading instruction, as a search on reading, selected by subgrantees. funds made available under part B of title I model for implementing and improving read- ‘‘(2) PROVISION TO PEER REVIEW PANEL.— unless the applicant has established a con- ing instruction in the program’s activities, The Secretary shall provide the reports sub- tractual association in accordance with sub- as was selected by the applicant; and mitted under paragraph (1) to the peer re- section (d)(2) with an eligible entity under ‘‘(B) the applicant agrees to train person- view panel convened under subsection (f). such part B), the Individuals with Disabil- nel from the program who work with chil- The panel shall use such reports in rec- ities Education Act (20 U.S.C. 1400 et seq.), dren and parents in schools selected under ommending applications for funding under and any other law providing Federal finan- subsection (a)(2); or this section. cial assistance for professional development ‘‘(3) a contractual association with 1 or ‘‘SEC. 2354. LOCAL READING IMPROVEMENT SUB- for teachers of such grades who teach read- more public libraries providing reading or GRANTS. ing, which will be used to help achieve the literacy services to preschool children, or ‘‘(a) IN GENERAL.— purposes of this part; preschool children and their families, under ‘‘(1) SUBGRANTS.—A reading and literacy ‘‘(5) shall describe the amount and nature which— partnership that receives a grant under sec- of funds from any other public or private ‘‘(A) the library agrees to select the same tion 2353 shall make subgrants, on a com- sources, including funds received under this model or models of reading instruction, as a petitive basis, to local educational agencies Act and the Individuals with Disabilities model for implementing and improving read- that have at least 1 school that is identified Education Act (20 U.S.C. 1400 et seq.), that ing instruction in the library’s reading or for school improvement under section 1116(c) will be combined with funds received under literacy programs, as was selected by the ap- in the geographic area served by the agency. the subgrant; plicant; and ‘‘(2) ROLE OF LOCAL EDUCATIONAL AGEN- ‘‘(6) shall include an assurance that the ap- ‘‘(B) the applicant agrees to train person- CIES.—A local educational agency that re- plicant— nel, including volunteers, from such pro- ceives a subgrant under this section shall use ‘‘(A) will carry out family literacy pro- grams who work with preschool children, or the subgrant in a manner consistent with grams based on the Even Start family lit- preschool children and their families, in this section to advance reform of reading in- eracy model authorized under part B of title schools selected under subsection (a)(2). struction in any school selected by the agen- I to enable parents to be their child’s first ‘‘(e) USE OF FUNDS.— cy that— and most important teacher, will make pay- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(A) is identified for school improvement ments for the receipt of technical assistance an applicant who receives a subgrant under under section 1116(c) at the time the agency for the development of such programs; this section may use the subgrant funds to receives the subgrant; and ‘‘(B) will carry out programs to assist carry out activities that are authorized by ‘‘(B) has a contractual association with 1 those kindergarten students who are not this part and described in the subgrant appli- cation, including the following: or more community-based organizations that ready for the transition to 1st grade, particu- ‘‘(A) Making reasonable payments for tech- have established a record of effectiveness larly students experiencing difficulty with nical and other assistance to a person re- with respect to reading readiness, reading in- reading skills; sponsible for the development of a model of struction for children in kindergarten ‘‘(C) will use supervised individuals (in- reading instruction, or a person with experi- through 3d grade, and early childhood lit- cluding tutors), who have been appropriately ence or expertise about such model and its eracy. trained using reliable, replicable research on implementation, who has agreed to work ‘‘(b) GRANT PERIOD.—A subgrant under this reading, to provide additional support, before section shall be for a period of 3 years and school, after school, on weekends, during with the recipient in connection with the im- may not be revoked or terminated on the non-instructional periods of the school day, plementation of the model. ground that a school ceases, during the grant or during the summer, for students in grades ‘‘(B) Carrying out a contractual agreement period, to be identified for school improve- 1 through 3 who are experiencing difficulty described in subsection (d). ment under section 1116(c). reading; and ‘‘(C) Professional development (including ‘‘(c) APPLICATIONS.—A local educational ‘‘(D) will carry out professional develop- training of volunteers), purchase of curricu- agency that desires to receive a subgrant ment for the classroom teacher and other lar and other supporting materials, and tech- under this section shall submit an applica- teaching staff on the teaching of reading nical assistance. tion to the reading and literacy partnership based on reliable, replicable research on ‘‘(D) Providing, on a voluntary basis, train- at such time, in such manner, and including reading; ing to parents of children enrolled in a such information as the partnership may re- ‘‘(7) shall describe how the local edu- school selected under subsection (a)(2) on quire. The application— cational agency provides instruction in read- how to help their children with school work, ‘‘(1) shall describe how the local edu- ing to children who have not been deter- particularly in the development of reading cational agency will work with schools se- mined to be a child with a disability (as de- skills. Such training may be provided di- lected by the agency under subsection (a)(2) fined in section 602 of the Individuals with rectly by the subgrant recipient, or through to select 1 or more models of reading instruc- Disabilities Education Act (20 U.S.C. 1401)), a grant or contract with another person. tion, developed using reliable, replicable re- pursuant to section 614(b)(5) of such Act (20 Such training shall be consistent with read- search on reading, as a model for implement- U.S.C. 1414(a)(5)), because of a lack of in- ing reforms taking place in the school set- ing and improving reading instruction by all struction in reading; and ting. teachers and for all children in each of the ‘‘(8) shall indicate the amount of the ‘‘(E) Carrying out family literacy programs schools selected by the agency under such subgrant funds (if any) that the applicant based on the Even Start family literacy subsection and, where appropriate, their par- will use to carry out the duties described in model authorized under part B of title I to ents; section 2355(b)(2). enable parents to be their child’s first and ‘‘(2) shall select 1 or more models described ‘‘(d) PRIORITY.—In approving applications most important teacher, and making pay- in paragraph (1), for the purpose described in under this section, a reading and literacy ments for the receipt of technical assistance such paragraph, and shall describe each such partnership shall give priority to an applica- for the development of such programs. selected model; tion submitted by an applicant who dem- ‘‘(F) Providing instruction for parents of ‘‘(3) shall demonstrate that a person re- onstrates that the applicant has estab- children enrolled in a school selected under sponsible for the development of each such lished— subsection (a)(2), and others who volunteer model, or a person with experience or exper- ‘‘(1) a contractual association with 1 or to be reading tutors for such children, in the tise about such model and its implementa- more Head Start programs under the Head instructional practices based on reliable, S3552 CONGRESSIONAL RECORD — SENATE April 23, 1998

replicable research on reading used by the ‘‘(2) DUTIES.—The duties described in this ‘‘(i) gives priority to children who are de- applicant. paragraph are the provision of tutorial as- termined, through State or local reading as- ‘‘(G) Programs to assist those kindergarten sistance in reading to children who have dif- sessments, to be most in need of tutorial as- students enrolled in a school selected under ficulty reading, using instructional practices sistance; and subsection (a)(2) who are not ready for the based on the principles of reliable, replicable ‘‘(ii) gives priority, in cases where children transition to 1st grade, particularly students research, through the following: are determined, through State or local read- experiencing difficulty with reading skills. ‘‘(A) The promulgation of a set of objective ing assessments, to be equally in need of tu- ‘‘(H) Providing, for students who are en- criteria, pertaining to the ability of a tuto- torial assistance, based on a random selec- rolled in grades 1 through 3 in a school se- rial assistance provider successfully to pro- tion principle. lected under subsection (a)(2) and are experi- vide tutorial assistance in reading, that will ‘‘(F) The development of a methodology by encing difficulty reading, additional support be used to determine in a uniform manner, which payments are made directly to tuto- before school, after school, on weekends, dur- at the beginning of each school year, the eli- rial assistance providers who are identified ing non-instructional periods of the school gibility of tutorial assistance providers, sub- and selected pursuant to subparagraphs (C), day, or during the summer, using supervised ject to the succeeding subparagraphs of this (D), and (E). Such methodology shall include individuals (including tutors) who have been paragraph, to be included on the list de- the making of a contract, consistent with appropriately trained using reliable, scribed in subparagraph (B) (and thereby be State and local law, between the tutorial as- replicable research on reading. eligible to enter into a contract pursuant to sistance provider and the local educational ‘‘(I) Carrying out the duties described in subparagraph (F)). agency carrying out this paragraph. Such section 2355(b)(2) for children enrolled in a ‘‘(B) The promulgation, maintenance, and contract— school selected under subsection (a)(2). approval of a list of tutorial assistance pro- ‘‘(i) shall contain specific goals and time- ‘‘(J) Providing reading assistance to chil- viders eligible to enter into a contract pursu- tables with respect to the performance of the dren who have not been determined to be a ant to subparagraph (F) who— tutorial assistance provider; child with a disability (as defined in section ‘‘(i) have established a record of effective- ‘‘(ii) shall require the tutorial assistance 602 of the Individuals with Disabilities Edu- ness with respect to reading readiness, read- provider to report to the parent and the local cation Act (20 U.S.C. 1401)), pursuant to sec- ing instruction for children in kindergarten educational agency on the provider’s per- tion 614(b)(5) of such Act (20 U.S.C. through 3d grade, and early childhood lit- formance in meeting such goals and time- 1414(b)(5)), because of a lack of instruction in eracy; tables; and reading. ‘‘(ii) are located in a geographic area con- ‘‘(iii) shall contain provisions with respect ‘‘(2) LIMITATION ON ADMINISTRATIVE EX- venient to the school or schools attended by to the making of payments to the tutorial PENSES.—A recipient of a subgrant under this the children who will be receiving tutorial assistance provider by the local educational section may use not more than 3 percent of assistance from the providers; and agency. the subgrant funds for administrative costs. ‘‘(G) The development of procedures under ‘‘(f) TRAINING NONRECIPIENTS.—A recipient ‘‘(iii) are capable of providing tutoring in reading to children who have difficulty read- which the local educational agency carrying of a subgrant under this section may train, out this paragraph— on a fee-for-service basis, personnel who are ing, using instructional practices based on ‘‘(i) will ensure oversight of the quality from schools, or local educational agencies, the principles of reliable, replicable research and effectiveness of the tutorial assistance that are not receiving such a subgrant in the and consistent with the instructional meth- provided by each tutorial assistance provider instructional practices based on reliable, ods used by the school the child attends. that is selected for funding; replicable research on reading used by the ‘‘(C) The development of procedures (i) for recipient. Such a non-recipient school may the receipt of applications for tutorial as- ‘‘(ii) will remove from the list under sub- use funds received under title I, and other sistance, from parents who are seeking such paragraph (B) ineffective and unsuccessful appropriate Federal funds used for reading assistance for their child or children, that providers (as determined by the local edu- instruction, to pay for such training, to the select a tutorial assistance provider from the cational agency based upon the performance extent consistent with the law under which list described in subparagraph (B) with whom of the provider with respect to the goals and such funds were received. the child or children will enroll, for tutoring timetables contained in the contract be- ‘‘SEC. 2355. TUTORIAL ASSISTANCE SUBGRANTS. in reading; and (ii) for considering children tween the agency and the provider under ‘‘(a) IN GENERAL.— for tutorial assistance who are identified subparagraph (F)); ‘‘(1) SUBGRANTS.—A reading and literacy under subparagraph (D) and for whom no ap- ‘‘(iii) will provide to each parent of a child partnership that receives a grant under sec- plication has been submitted, provided that identified under subparagraph (D) who re- tion 2353 shall make subgrants on a competi- such procedures are in accordance with this quests such information for the purpose of tive basis to— paragraph and give such parents the right to selecting a tutorial assistance provider for ‘‘(A) local educational agencies that have select a tutorial assistance provider from the the child, in a comprehensible format, infor- at least 1 school in the geographic area list referred to in subparagraph (B), and shall mation with respect to the quality and effec- served by the agency that— permit a local educational agency to rec- tiveness of the tutorial assistance referred to ‘‘(i) is located in an area designated as an ommend a tutorial assistance provider from in clause (i); and empowerment zone under part I of sub- the list under subparagraph (B) in a case ‘‘(iv) will ensure that each school identify- chapter U of chapter 1 of the Internal Reve- where a parent asks for assistance in the ing a child under subparagraph (D) will pro- nue Code of 1986; or making of such selection. vide upon request, to a parent of the child, ‘‘(ii) is located in an area designated as an ‘‘(D) The development of a selection proc- assistance in selecting, from among the tuto- enterprise community under part I of sub- ess for providing tutorial assistance in ac- rial assistance providers who are included on chapter U of chapter 1 of the Internal Reve- cordance with this paragraph that limits the the list described in subparagraph (B), the nue Code of 1986; or provision of assistance to children identified, provider who is best able to meet the needs ‘‘(B) in the case of local educational agen- by the school the child attends, as having of the child. cies that do not have any such empowerment difficulty reading, including difficulty mas- ‘‘(c) DEFINITION.—For the purpose of this zone or enterprise community in the State in tering essential phonic, decoding, or vocabu- section the term ‘parent’ includes a legal which the agency is located, local edu- lary skills. In the case of a child included in guardian. cational agencies that have at least 1 school the selection process for whom no applica- ‘‘SEC. 2356. PROGRAM EVALUATION. tion has been submitted by a parent of the that is identified for school improvement ‘‘(a) IN GENERAL.—From funds reserved under section 1116(c) in the geographic area child, the child’s eligibility for receipt of tu- under section 2260(b)(1), the Secretary shall served by the agency. torial assistance shall be determined under conduct a national assessment of the pro- ‘‘(2) APPLICATIONS.—A local educational the same procedures, timeframe, and criteria grams under this part. In developing the cri- agency that desires to receive a subgrant for consideration as is used to determine the teria for the assessment, the Secretary shall under this section shall submit an applica- eligibility of a child whose parent has sub- receive recommendations from the peer re- tion to the reading and literacy partnership mitted such an application. Such local edu- view panel convened under section 2353(f). at such time, in such manner, and including cational agency shall apply the provisions of ‘‘(b) SUBMISSION TO PEER REVIEW PANEL.— subparagraphs (F) and (G) to a tutorial as- such information as the partnership may re- The Secretary shall submit the findings from sistance provider selected for a child whose quire. The application shall include an assur- the assessment under subsection (a) to the parent has not submitted an application pur- ance that the agency will use the subgrant peer review panel convened under section suant to subparagraph (C)(i) in the same funds to carry out the duties described in 2353(f). subsection (b) for children enrolled in 1 or manner as the provisions are applied to a more schools selected by the agency and de- provider selected in an application submit- ‘‘SEC. 2357. INFORMATION DISSEMINATION. scribed in paragraph (1). ted pursuant to subparagraph (C)(i). ‘‘(a) IN GENERAL.—From funds reserved ‘‘(b) USE OF FUNDS.— ‘‘(E) The development of procedures for se- under section 2260(b)(2), the National Insti- ‘‘(1) IN GENERAL.—A local educational lecting children to receive tutorial assist- tute for Literacy shall disseminate informa- agency that receives a subgrant under this ance, to be used in cases where insufficient tion on reliable, replicable research on read- section shall carry out, using the funds pro- funds are available to provide assistance ing and information on subgrantee projects vided under the subgrant, each of the duties with respect to all children identified by a under section 2354 or 2355 that have proven described in paragraph (2). school under subparagraph (D) that— effective. At a minimum, the institute shall April 23, 1998 CONGRESSIONAL RECORD — SENATE S3553

disseminate such information to all recipi- ‘‘(b) RESERVATIONS.—From the amount ap- SEC. ll22. DEFINITIONS. ents of Federal financial assistance under ti- propriated under subsection (a) for each fis- Section 1202(e) of the Elementary and Sec- tles I and VII, the Head Start Act (42 U.S.C. cal year, the Secretary— ondary Education Act of 1965 (20 U.S.C. 9801 et seq.), the Individuals with Disabilities ‘‘(1) shall reserve 1.5 percent to carry out 6362(e)) is amended— Education Act (20 U.S.C. 1400 et seq.), and section 2356(a); (1) by redesignating paragraphs (3) and (4) the Adult Education Act (20 U.S.C. 1201 et ‘‘(2) shall reserve $5,075,000 to carry out as paragraphs (4) and (5), respectively; and seq.). sections 2353(f)(2) and 2357, of which $5,000,000 (2) by inserting after paragraph (2) the fol- ‘‘(b) COORDINATION.—In carrying out this shall be reserved for section 2357; and lowing: section, the National Institute for Literacy— ‘‘(3) shall reserve $10,000,000 to carry out ‘‘(3) the term ‘family literacy services’ ‘‘(1) shall use, to the extent practicable, in- section 1202(c). means services provided to participants on a formation networks developed and main- ‘‘(c) APPLICABILITY.—Part E shall not apply voluntary basis that are of sufficient inten- tained through other public and private per- to this part. sity in terms of hours, and of sufficient dura- sons, including the Secretary, the National tion, to make sustainable changes in a fam- Center for Family Literacy, and the ‘‘(d) SUNSET.—Notwithstanding section ily (such as eliminating or reducing welfare Readline Program; 422(a) of the General Education Provisions dependency) and that integrate all of the fol- ‘‘(2) shall work in conjunction with any Act (20 U.S.C. 1226a(a)), this part is repealed, lowing activities: panel convened by the National Institute of effective September 30, 2001, and is not sub- ‘‘(A) Interactive literacy activities be- Child Health and Human Development and ject to extension under such section.’’. tween parents and their children. the Secretary, and any panel convened by Subtitle B—Amendments to Even Start ‘‘(B) Equipping parents to partner with the Office of Educational Research and Im- Family Literacy Programs their children in learning. provement to assess the current status of re- ‘‘(C) Parent literacy training, including search-based knowledge on reading develop- SEC. ll21. RESERVATION FOR GRANTS. training that contributes to economic self- ment, including the effectiveness of various Section 1202(c) of the Elementary and Sec- sufficiency. approaches to teaching children to read, ondary Education Act of 1965 (20 U.S.C. ‘‘(D) Appropriate instruction for children with respect to determining the criteria by 6362(c)) is amended to read as follows: of parents receiving parent literacy serv- which the National Institute for Literacy ‘‘(c) RESERVATION FOR GRANTS.— ices.’’. judges reliable, replicable research and the ll ‘‘(1) GRANTS AUTHORIZED.—From funds re- SEC. 23. EVALUATION. design of strategies to disseminate such in- served under section 2260(b)(3), the Secretary Section 1209 of the Elementary and Sec- formation; and shall award grants, on a competitive basis, ondary Education Act of 1965 (20 U.S.C. 6369) ‘‘(3) shall assist any reading and literacy to States to enable such States to plan and is amended— partnership selected to receive a grant under implement, statewide family literacy initia- (1) in paragraph (1), by striking ‘‘and’’ at section 2353, and that requests such assist- tives to coordinate and integrate existing the end; ance— Federal, State, and local literacy resources (2) in paragraph (2), by striking the period ‘‘(A) in determining whether applications consistent with the purposes of this part. at the end and inserting ‘‘; and’’; and for subgrants submitted to the partnership Such coordination and integration shall in- (3) by adding at the end the following: meet the requirements of this part relating clude coordination and integration of funds ‘‘(3) to provide States and eligible entities to reliable, replicable research on reading; available under the Adult Education Act (20 receiving a subgrant under this part, directly and U.S.C. 1201 et seq.), Head Start (42 U.S.C. 9801 or through a grant or contract with an orga- ‘‘(B) in the development of subgrant appli- et seq.), this part, part A of this title, and nization with experience in the development cation forms. part A of title IV of the Social Security Act. and operation of successful family literacy ‘‘SEC. 2358. STATE EVALUATIONS. ‘‘(2) CONSORTIA.— services, technical assistance to ensure local ‘‘(a) IN GENERAL.—Each reading and lit- ‘‘(A) ESTABLISHMENT.—To receive a grant evaluations undertaken under section eracy partnership that receives a grant under this subsection, a State shall establish 1205(10) provide accurate information on the under this part shall reserve not more than a consortium of State-level programs under effectiveness of programs assisted under this 2 percent of such grant funds for the purpose the following laws: part.’’. of evaluating the success of the partnership’s ‘‘(i) This title. SEC. ll24. INDICATORS OF PROGRAM QUALITY. subgrantees in meeting the purposes of this ‘‘(ii) The Head Start Act. (a) IN GENERAL.—The Elementary and Sec- part. At a minimum, the evaluation shall ‘‘(iii) The Adult Education Act. ondary Education Act of 1965 (20 U.S.C. 6301 measure the extent to which students who ‘‘(iv) All other State-funded preschool pro- et seq.) is amended— are the intended beneficiaries of the sub- grams and programs providing literacy serv- (1) by redesignating section 1210 as section grants made by the partnership have im- ices to adults. 1212; and proved their reading. ‘‘(B) PLAN.—To receive a grant under this (2) by inserting after section 1209 the fol- ‘‘(b) CONTRACT.—A reading and literacy subsection, the consortium established by a lowing: partnership shall carry out the evaluation State shall create a plan to use a portion of under this section by entering into a con- ‘‘SEC. 1210. INDICATORS OF PROGRAM QUALITY. the State’s resources, derived from the pro- ‘‘Each State receiving funds under this tract with an eligible research institution grams referred to in subparagraph (A), to part shall develop, based on the best avail- under which the institution will perform the strengthen and expand family literacy serv- able research and evaluation data, indicators evaluation. ices in such State. ‘‘(c) SUBMISSION.—A reading and literacy of program quality for programs assisted partnership shall submit the findings from ‘‘(C) COORDINATION WITH TITLE II.—The con- under this part. Such indicators shall be the evaluation under this section to the Sec- sortium shall coordinate its activities with used to monitor, evaluate, and improve such retary and the peer review panel convened the activities of the reading and literacy programs within the State. Such indicators under section 2353(f). The Secretary and the partnership for the State established under shall include the following: peer review panel shall submit a summary of section 2353, if the State receives a grant ‘‘(1) With respect to eligible participants in the findings from the evaluations under this under such section. a program who are adults— subsection to the appropriate committees of ‘‘(3) READING INSTRUCTION.—Statewide fam- ‘‘(A) achievement in the areas of reading, the Congress, including the Education and ily literacy initiatives implemented under writing, English language acquisition, prob- the Workforce Committee of the House of this subsection shall base reading instruc- lem solving, and numeracy; Representatives. tion on reliable, replicable research on read- ‘‘(B) receipt of a secondary school diploma ing (as such terms are defined in section or its recognized equivalent; ‘‘SEC. 2359. PARTICIPATION OF CHILDREN EN- ROLLED IN PRIVATE SCHOOLS. 2352). ‘‘(C) entry into a postsecondary school, a ‘‘Each reading and literacy partnership ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary job retraining program, or employment or that receives funds under this part shall pro- shall provide, directly or through a grant or career advancement, including the military; vide for, or ensure that subgrantees provide contract with an organization with experi- and for, the participation of children in private ence in the development and operation of ‘‘(D) such other indicators as the State schools in the activities and services assisted successful family literacy services, technical may develop. under this part in the same manner as the assistance to States receiving a grant under ‘‘(2) With respect to eligible participants in children participate in activities and serv- this subsection. a program who are children— ices pursuant to sections 2353, 2354, 2355, and ‘‘(5) MATCHING REQUIREMENT.—The Sec- ‘‘(A) improvement in ability to read on 2356. retary shall not make a grant to a State grade level or reading readiness; ‘‘SEC. 2260. AUTHORIZATION OF APPROPRIA- under this subsection unless the State agrees ‘‘(B) school attendance; TIONS; RESERVATIONS FROM AP- that, with respect to the costs to be incurred ‘‘(C) grade retention and promotion; and PROPRIATIONS; APPLICABILITY; by the eligible consortium in carrying out ‘‘(D) such other indicators as the State SUNSET. the activities for which the grant was award- may develop.’’. ‘‘(a) AUTHORIZATION.—There are authorized ed, the State will make available non-Fed- (b) STATE LEVEL ACTIVITIES.—Section to be appropriated to carry out this part eral contributions in an amount equal to not 1203(a) of the Elementary and Secondary $210,000,000 for fiscal years 1999, 2000, and less than the Federal funds provided under Education Act of 1965 (20 U.S.C. 6363(a)) is 2001. the grant.’’. amended— S3554 CONGRESSIONAL RECORD — SENATE April 23, 1998 (1) in paragraph (1), by striking ‘‘and’’ at COMMITTEE ON FINANCE granted permission to conduct a hear- the end; Mr. COVERDELL. Mr. President, the ing on the proposed Clean Air Act re- (2) in paragraph (2), by striking the period Finance Committee requests unani- gional haze regulations Thursday, at the end and inserting ‘‘; and’’; and mous consent to conduct a hearing on April 23, 9:00 a.m., Hearing Room (SD– (3) by adding at the end the following: Thursday, April 23, 1998 beginning at ‘‘(3) carrying out section 1210.’’. 406). (c) AWARD OF SUBGRANTS.—Paragraphs (3) 10:00 a.m. in room 215 Dirksen. The PRESIDING OFFICER. Without and (4) of section 1208(b) of the Elementary The PRESIDING OFFICER. Without objection, it is so ordered. and Secondary Education Act of 1965 (20 objection, it is so ordered. U.S.C. 6368) are amended to read as follows: SUBCOMMITTEE ON TECHNOLOGY, TERRORISM SUBCOMMITTEE ON INVESTIGATIONS ‘‘(3) CONTINUING ELIGIBILITY.—In awarding AND GOVERNMENT INFORMATION Mr. COVERDELL. Mr. President, I subgrant funds to continue a program under Mr. COVERDELL. Mr. President, I ask unanimous consent on behalf of the this part for the second, third, or fourth ask unanimous consent that the Sen- Permanent Subcommittee on Inves- year, the State educational agency shall ate Judiciary Subcommittee on Tech- tigations of the Governmental Affairs evaluate the program based on the indicators nology, Terrorism and Government In- Committee to meet on Thursday, April of program quality developed by the State formation, Committee on the Judiciary under section 1210. Such evaluation shall 23, 1998, at 9:30 a.m. for a hearing on take place after the conclusion of the start- and the Senate Select Committee on the topic of ‘‘The Exploding Problem of up period, if any. Intelligence be authorized to meet for Telephone Slamming in America.’’ ‘‘(4) INSUFFICIENT PROGRESS.—The State a joint hearing during the session of The PRESIDING OFFICER. Without educational agency may refuse to award the Senate on Thursday, April 23, 1998 objection, it is so ordered. subgrant funds if such agency finds that the at 2:30 p.m. in room 226 of the Senate eligible entity has not sufficiently improved Dirksen Office Building to hold a joint SUBCOMMITTEE ON FORESTS AND PUBLIC LAND the performance of the program, as evalu- hearing on: ‘‘Chemical and Biological MANAGEMENT ated based on the indicators of program Weapons Threats to America: Are We Mr. COVERDELL. Mr. President, I quality developed by the State under section ask unanimous consent that the Sub- 1210, after— Prepared?’’ The PRESIDING OFFICER. Without committee on Forests and Public Land ‘‘(A) providing technical assistance to the Management of the Committee on En- eligible entity; and objection, it is so ordered. ‘‘(B) affording the eligible entity notice COMMITTEE ON THE JUDICIARY ergy and Natural Resources be granted and an opportunity for a hearing.’’. Mr. COVERDELL. Mr. President, I permission to meet during the session SEC. ll25. RESEARCH. ask unanimous consent that the Com- of the Senate on Thursday, April 23, for The Elementary and Secondary Education mittee on the Judiciary, be authorized purposes of conducting a subcommittee Act of 1965 (20 U.S.C. 6301 et seq.), as amend- to hold an Executive Business Meeting hearing which is scheduled to begin at ed by section 524 of this Act, is further during the session of the Senate on 2:30 p.m. The purpose of this hearing is amended by inserting after section 1210 the Thursday, April 23, 1998, at 10:00 a.m., to receive testimony on S. 1253, the following: in room 226 of the Senate Dirksen Of- Public Land Management Act of 1997. ‘‘SEC. 1211. RESEARCH. ‘‘(a) IN GENERAL.—The Secretary shall fice Building. The PRESIDING OFFICER. Without carry out, through grant or contract, re- The PRESIDING OFFICER. Without objection, it is so ordered. search into the components of successful objection, it is so ordered. family literacy services. The purpose of the COMMITTEE ON LABOR AND HUMAN RESOURCES f research shall be— Mr. COVERDELL. Mr. President, I ‘‘(1) to improve the quality of existing pro- ask unanimous consent that the Com- ADDITIONAL STATEMENTS grams assisted under this part or other fam- mittee on Labor and Human Resources, ily literacy programs carried out under this Subcommittee on Public Health and Act or the Adult Education Act (20 U.S.C. Safety, and House Committee on Com- 1201 et seq.); and TRIBUTE TO THE JCRC HOLO- ‘‘(2) to develop models for new programs to merce, Subcommittee on Health and be carried out under this Act or the Adult Environment be authorized to meet for CAUST MEMORIAL CEREMONY Education Act. a hearing on Increasing Bone Marrow ∑ Mr. SANTORUM. Mr. President, the ‘‘(b) DISSEMINATION.—The National Insti- Donation and Transplantation during Jewish Community Relations Council tute for Literacy shall disseminate, pursuant the session of the Senate on Thursday, to section 2357, the results of the research (JCRC) hosted the annual Holocaust April 23, 1998, at 2:30 p.m. Memorial Ceremony starting on April described in subsection (a) to States and re- The PRESIDING OFFICER. Without 19 in remembrance of the six million cipients of subgrants under this part.’’. objection, it is so ordered. f Jews who died in the Holocaust. The SELECT COMMITTEE ON INTELLIGENCE theme for this year’s ceremony is ‘‘A NOTICE OF HEARING Mr. COVERDELL. Mr. President, I People Survives: From the Gates of ask unanimous consent that the Select COMMITTEE ON AGRICULTURE, NUTRITION, AND Hell to the Gates of Jerusalem.’’ This FORESTRY Committee on Intelligence be author- memorial service draws over 3,000 peo- Mr. LUGAR. Mr. President, I would ized to meet during the session of the ple every year to honor the stoicism like to announce that the Senate Com- Senate on Thursday, April 23, 1998, at and faith of all people who were un- mittee on Agriculture, Nutrition, and 2:00 p.m. to hold a joint open hearing justly massacred by the Nazis. The Forestry will meet on Thursday, April with the Senate Judiciary Subcommit- Holocaust Memorial Ceremony is one 23, 1998 at 9:00 a.m. in SR–328A. The tee on Technology, Terrorism, and of the most profound events in the purpose of this meeting will be to ex- Government Information. Jewish Community. amine fraud and abuse in the federal The PRESIDING OFFICER. Without objection, it is so ordered. The JCRC was established in 1938 and food stamp program. works to promote issues of Jewish f SUBCOMMITTEE ON AVIATION Mr. COVERDELL. Mr. President, I communal concern and is driven by AUTHORITY FOR COMMITTEES TO ask unanimous consent that he Avia- Jewish values of humanitarianism, re- MEET tion Subcommittee of the Senate Com- spect for others, and the sanctity of COMMITTEE ON AGRICULTURE, NUTRITION, AND mittee on Commerce, Science, and human life. To this day the JCRC has FORESTRY Transportation be authorized to meet worked to create a society in which Mr. COVERDELL. Mr. President, I on Thursday, April 23, 1998, at 2:00 p.m. there is equal opportunity for all, free- ask unanimous consent that the Com- on Aviation Competition: DOT Com- dom of thought, opinion, religion and mittee on Agriculture, Nutrition, and petition Guidelines. constructive, amicable relationships Forestry be allowed to meet during the The PRESIDING OFFICER. Without between people of all races and creeds. session of the Senate on Thursday, objection, it is so ordered. They pledge to do all this while main- April 23, 1998 at 9:00 a.m. in SR–328A. SUBCOMMITTEE ON CLEAN AIR, WETLANDS, taining the integrity and character of The purpose of this meeting will be to PRIVATE PROPERTY, AND NUCLEAR SAFETY the Jewish faith. examine fraud and abuse in the federal Mr. COVERDELL. Mr. President, I In 1980 Congress established the food stamp program. ask unanimous consent that the Sub- United States Holocaust Memorial The PRESIDING OFFICER. Without committee on Clean Air, Wetlands, Pri- Council and mandated it to lead the objection, it is so ordered. vate Property, and Nuclear Safety be nation in civic commemorations of the April 23, 1998 CONGRESSIONAL RECORD — SENATE S3555 victims of the Holocaust (called Days deed suffered and there is a need for a Service decline is not the only dis- of Remembrance), to sponsor the na- federal role to address this small com- turbing trend plaguing small commu- tional annual civic commemoration munity air service deficit. It seems to nity air service. Consolidation is hav- and to encourage appropriate Remem- me that we need to move beyond the ing its toll as well. As the airline in- brance observances throughout the broader debate over whether or not de- dustry continues its steady trend of country. This year Yom Hashoah was regulation has been a good or a bad consolidation, the major network car- April 23. The Days of Remembrance of thing. It has been good for some and riers are pulling out of rural areas. Out the victims of the Holocaust are being bad for others—creating an unaccept- of a total of 320 small communities observed from Sunday, April 19 able circumstance of air service ‘‘have’’ that had scheduled air service in 1978, through Sunday, April 26. and ‘‘have nots.’’ This legislation does 213 of those were served by a major car- Before there was a United States Hol- not seek broad-sweeping policy changes rier. In 1994, only 33 of those small ocaust Memorial Museum, Days of Re- that will dramatically alter federal communities had service from major membrance was established and carried aviation policy. Rather, the Air Serv- carriers. Prior to deregulation, North out, not only in the Rotunda of the ice Restoration Act attempts to target Dakota was served by 6 major carriers United States Capitol, but all across some modest resources and policy ob- and every major market in North Da- the nation. This annual, national com- jectives to address the problem areas, kota had 3 or 4 major carriers in each memoration program is the United i.e., the ‘‘have nots.’’ This legislation market, each providing jet service. States Holocaust Memorial Council’s will not threaten deregulation. Rather, Today, North Dakota has only 1 major longest-running program and is essen- it is an attempt to save it by address- carrier that provides jet service. tial to the Council’s Congressional ing the casualties of a policy that has The number of small communities re- mandate. left some parts of the country behind. ceiving multiple-carrier service de- We have now reached the time at It is time that we develop ‘‘air service creased from 136 in 1978 to 122 in 1995. which many of the Holocaust survivors development zones’’ and allow all re- Also, the number of small communities are passing on. It is imperative that all gions of the nation to participate in a receiving service to only one major hub of humanity maintain respect for and national air transportation system. increased from 79 in 1978 to 134 in 1994. never forget the tremendous suffering This legislation does that by identify- In 1938, when the Federal Govern- of the Jewish community. It is true ing the problem areas and creating op- ment began to regulate air transpor- that this event is a wholly Jewish ex- portunities to attract new air service. tation services, there were 16 carriers perience, and yet, the entire world still The second principle of this legisla- who accounted for all the total traffic reels from its impact. It is the respon- tion is based on the notion that the ini- in the U.S. domestic market. By 1978 sibility of the people of the United tiative and locus of solving air service (the year Congress passed deregulation States and the world to ensure that the problems for small communities must legislation) the same 16 carriers (re- memory of the Holocaust lives on. begin at the local level. There is no duced to 11 through mergers) still ac- Mr. President, I ask my colleagues to federal ‘‘silver bullet’’ and those com- counted for 94% of the total traffic. give their blessings to the Holocaust munities that seek to improve or re- Today, those same 11 carriers (now Memorial Ceremony and to praise the store air service must roll up their reduced to 6 through mergers and efforts of the JCRC in maintaining sleeves and develop sustainable public- bankruptcies) account for 80% of the awareness of the Holocaust.∑ private partnerships that will make air total traffic. f service economically sustainable. This One export estimated in 1992 that legislation is a market-based solution since deregulation, over 120 new air- AIR SERVICE RESTORATION ACT to improving air service for small com- lines appeared. However, more than 200 ∑ Mr. DORGAN. Mr. President, yester- munities. The only way small commu- have gone bankrupt or been acquired in day I and some of my colleagues on the nities are going to succeed in attract- mergers and today, only 74 remain— Senate Committee on Commerce, ing new air service is that local offi- most small and struggling. Science, and Transportation intro- cials and business leaders will have to Between 1979 and 1988, there were 51 duced the Air Service Restoration Act get together and identify ways to make airline mergers and acquisitions—20 of designed to help revive air service to it economically viable for carriers to those were approved by the Depart- those parts of the country that have add service. ment of Transportation after 1985, suffered under deregulation. The revi- Finally, this legislation is based on when it assumed all jurisdiction over talization of air service for small com- the notion that there is clearly a need merger and acquisition requests. In munities is of absolute importance to for a federal role. The U.S. Department fact, DOT approved every airline merg- the economic and social well-being for of Transportation needs to play an ac- er submitted to it after it assumed ju- these communities. While this legisla- tive role by providing a means for risdiction over mergers from the Civil tion is no panacea, it will hopefully small communities to access the re- Aeronautics Board in 1984. Fifteen provide some tools to help small com- sources and in making the regulatory independent airlines operating at the munities address the air service deficit changes necessary to allow new service beginning of 1986 had been merged into that has hit them since deregulation. to flourish. Under this legislation, a six mega carriers by the end of 1987. Some rural states, such as North Da- new office would be created within the And, these six carriers increased their kota, have not enjoyed the benefits of U.S. Department of Transportation market share from 71.3% in 1978 to competition and deregulation that whose sole function would be to work 80.5% in 1990. other regions of the country have expe- with local communities and provide as- These mega carriers have created rienced. In fact, the federal policy of sistance to help them achieve their competition free zones, securing domi- deregulation has led to less service, goals of improving air service by pro- nate market shares at regional hubs. higher fares, and less competition for viding financial assistance to local Since deregulation, all major airlines my state and other rural areas. Unfor- communities and addressing regulatory have created hub-and-spoke systems tunately, the air service problems fac- hurdles that inhibit air service to where they funnel arrivals and depar- ing rural America has gone ignored for small communities. tures though hub airports where they too long and we now have an air serv- Hopefully, this legislation will help dominate traffic. Today, all but 3 hubs ice crisis, in my judgment. This crisis reverse the air service deficit in this are dominated by a single airline where needs immediate attention and the Air country. Since 1978, more communities the carrier has between 60 and 90 per- Service Restoration Act is a modest at- have lost service than the number of cent of all the arrivals, departures, and tempt to address this, the chronic air communities that have been added to passengers at the hub. service deficit facing many small com- the air service map of the United In a report by the General Account- munities. States. Over 30 small communities ing Office entitled ‘‘Airline Deregula- This legislation is based on three have lost all air service since 1978 and tion: Barriers to Entry Continue to principles. many more have had jet service re- Limit Competition in Several Key Do- First, it acknowledges that since de- placed with turboprop commuter serv- mestic Markets,’’ [GAO/RCED–97–4], regulation some communities have in- ice. operating limitations and marketing S3556 CONGRESSIONAL RECORD — SENATE April 23, 1998 practices of large, dominate carriers more airlines fell from 19% to 11% dur- designed to strengthen Hispanic and restrict entry and competition to an ing that same period. This report con- African-American communities. extent not anticipated by Congress firmed similar conclusion reached in When you do business in Colorado, when it deregulated the airline indus- previous GAO studies conducted in 1989 respect for the environment is, of try. The GAO identified a number of and 1990. course, a must. Coors is a leader in this entry barriers and anti-competitive The fact is that deregulation, while area as well. Coors launched the alu- practices which are stifling competi- paving the road to concentration and minum recycling revolution back in tion and contributing to higher fares. consolidation, has allowed regional 1959 when it began offering a penny for The GAO issued a similar report in 1990 monopolies to control prices in non- every returned can. Since 1990, the and the 1996 report said that not only competitive markets. While the en- Coors Pure Water 2000 program has has the situation not improved for new trance of low cost carriers has intro- provided more than $2.5 million to sup- entrants, but things have gotten worse. duced competition in dense markets, port more than 700 environmental pro- The fact is that deregulation has lead the main difference between today and grams across the nation. to greater concentration and stifling pre-deregulation is that the monopolies One of its most noteworthy accom- competition. The legislative history of are unregulated. plishments has been in developing and the Civil Aeronautics Act of 1938 shows Deregulation has been both a tremen- promoting effective programs to dis- that Congress was as deeply concerned dous success in some aspects and a co- courage abuse of its products. Coors about destructive competition as it lossal failure in some circumstances. has a record of encouraging responsible was with the monopolization of air It’s time we started addressing the consumption of its products by transportation services. Thus, the CAA problems rather than just praising the adults—and only adults. Over the sought to ensure that a competitive successes. For hundreds of small com- years, millions of dollars have been de- economic environment existed. As we munities, it has meant less service, voted to community-based education can see, deregulation is realizing the higher fares, and fewer options. and prevention programs. Coors’ ‘‘21 fears anticipated by the Congress in Air transportation in North Dakota means 21’’ message has been one of the 1938. Competition has not become the is just as important as air service in elements responsible for the steady de- general rule. Rather, competition is New York and Denver. It is not in our cline in underage drinking and drunk the exception in an unregulated mar- national interest to allow vast regions driving that we in the United States ket controlled largely by regional mo- of our country to become geographi- have been fortunate to see in the re- nopolies. cally isolated. That would be not only cent years. It has been demonstrated that hub tragic for our rural communities, but Coors has set the standard for respon- concentration has translated into high- bad for the Nation. sible advertising, and has led the indus- er fares and rural communities that I hope my colleagues will support try with policies to ensure that its ads are dependent upon concentrated hubs this legislation and that the Senate encourage moderation, and are di- have seen higher fares. Studies from Commerce Committee expeditiously rected only to those over the age of 21. We all know of the controversies that DOT and the GAO have demonstrated act on it this year. ∑ can befall consumer products of all that in the 15 out of 18 hubs in which a f kinds during the highly politicized single carrier controls more than 50% CELEBRATING THE 125TH ANNI- times in which we live today. But the of the traffic, passengers are paying VERSARY OF COORS BREWING record amassed by Coors over the past more than the industry norm. The GAO COMPANY 125 years is reassuring. It is good to studied 1988 fares at 15 concentrated know there are still people and compa- airports and compared those with fares ∑ Mr. ALLARD. Mr. President, I rise today to pay tribute to a great Amer- nies dedicated to doing the right thing. at 38 competitive hub airports. The Today, I ask my colleagues to join ican company, one that will be cele- GAO found that fares at the con- me in a toast to the thousands of Coors brating its 125th Anniversary next centrated hubs were 27% higher. employees in Colorado, Tennessee, Vir- month. The success of Coors Brewing The difference between regulation ginia, and at Coors distributorships in Company is a great American story. and deregulation is not a change from every state of the nation: Congratula- When Adolph Coors arrived in this monopoly control to free market com- tions on a job well done!∑ country in 1868, he did not speak petition. Today, nearly two-thirds of f our nation’s city-pairs are unregulated English, but he did know how to brew monopolies where a monopoly carrier a great beer. HONORING BRIGADIER GENERAL can charge whatever they wish in 2 out From 1873 until today, Coors has WALLER ON HIS RETIREMENT of 3 city-pairs in the domestic market. made its reputation on the lasting val- ∑ Mr. REED. Mr. President, I rise to A January 1991 GAO Report on Fares ues of its founder. The American values honor Brigadier General Joseph N. and Concentration at Small-City Air- tradition, commitment, quality, and Waller on the occasion of his retire- ports found that passengers flying from innovation have long been a part of ment from the Rhode Island Air Na- small-city airports on average paid 34 this history. Holding steadfast to these tional Guard. percent more when they flew to a values has helped Coors grow from a For the past thirty-one years, Gen- major airport dominated by one or two tiny local brewery in Golden, Colorado eral Waller has dedicated himself to airlines than when they flew to a major into a world-class competitor produc- the citizens of our country and the airport that was not concentrated. The ing more than 20 million barrels of beer Ocean state. He was first assigned to report also found that when both the each year. Today, Coors’ familiar prod- the 143rd Special Operations Squadron small airport and the major hub were ucts are sold not only across the in July 1967 as a troop carrier pilot. concentrated, fares were 42 percent United States, but in 45 foreign coun- The next year he was assigned as a tac- higher than if there was competition at tries as well. tical airlift pilot, a duty he performed both ends. Through the years, Coors has been at for the next twenty-three years. Dur- A July 1993 GAO Report on Airline the forefront of responsible community ing this time, he also served as a flight Competition concluded that airline involvement, and today it is recognized leader and instructor pilot. General passengers generally pay higher fares as a leader in corporate citizenship. Waller is a command pilot who has at 14 concentrated airports than at air- That is why Business Ethics magazine logged 4,500 flying hours. ports with more competition. The re- recently placed Coors in the top ten of General Waller is noted not only for port found that fares at concentrated its ‘‘The 100 Best Corporate Citizens.’’ his piloting skills, but also for his lead- airports were about 22 percent higher Coors also has been cited numerous ership. In 1981, he was selected as com- than fares at 35 less concentrated air- times for its outstanding record in at- mander of the 143rd Tactical Airlift ports. The same report found that the tracting, hiring, and promoting minor- Squadron. In December 1987, he was re- number of destinations served directly ity Americans. It is what you would ex- assigned to Headquarters, Rhode Island by only one airline rose 56 percent to 64 pect, given Coors’ record of investing National Guard and named Deputy percent from 1985 to 1992, while the hundreds of millions of dollars in eco- Chief of Staff. Three years later he be- number of destinations served by 3 or nomic development and other programs came Chief of Staff. The very next year April 23, 1998 CONGRESSIONAL RECORD — SENATE S3557 he was elevated to the position of As- DAY OF REMEMBRANCE We as a nation benefit greatly from sistant Adjutant General, the position ∑ Mr. JEFFORDS. Mr. President, I rise this institution which stands as a tes- he holds today. today, April 23, as the United States tament to the horrors of the past and General Waller chairs the Eastern Congress joins hands with the United guards against a reoccurrence in the Region of the Air National Guard Long States Holocaust Memorial Museum future.∑ Range Planning Process and serves as and conducts a Day of Remembrance the Air National Guard Assistant of ceremony in the Rotunda of the Cap- f Strategic Planning to the US Air Force itol. This ceremony, and those in each Long Range Planning Office. He is well of the 50 State capitols and in some 200 suited to these positions because dur- NEBRASKA CULTURAL cities and towns throughout the na- PRESERVATION ENDOWMENT ing his thirty years in the Rhode Island tion, honors the memory of those 11 National Guard, General Waller has plus million Holocaust victims and the ∑ Mr. KERREY. Mr. President, I would witnessed and provided leadership millions more who survived but found like to talk about an exceptional, inno- through immense change. When Gen- their pre-WWII lives in shambles and in vative effort in Nebraska; the creation eral Waller first joined the Guard in all too many cases, irretrievable. of a $5 million Nebraska Cultural Pres- the 1960s, the United States was im- This year’s ceremony pays special ervation Endowment. Last week the mersed in turmoil both at home and tribute to the children, those innocent Nebraska Legislature approved, and abroad. The goals and role of the mili- victims of the war and the Nazis’ perse- Governor Nelson signed legislation to tary in the states and overseas were cution. That they survived is remark- make Nebraska the first state in the confused and conflicted. During the able. In some instances, they bear the nation to establish a combined funding next decade, the United States moved physical markings of their plight. Oth- source for arts and humanities pro- to an all volunteer force, fundamen- ers carry their wounds in their hearts grams. tally changing the nature of the Guard. and heads. Then in the 1980s, military goals and That this great nation mandates a I am very hopeful that this pioneer perspectives shifted again during an Day of Remembrance ceremony is an endeavor will safeguard Nebraska’s cul- enormous buildup which peaked in 1985 indication of its commitment to his- tural programs from the uncertainty of with a record budget of $300 billion. torical memory. But an equally impor- federal funding and private donations. Now, once again, the Guard is adjust- tant part of our effort to learn from And I have high hopes that this perma- ing to new era of reduced force struc- the past is the presence of the United nent state resource will provide the Ne- ture, budget constraints, and base clo- States Holocaust Memorial Museum. braska Arts Council and Nebraska Hu- sures. Members of the Guard no longer Its mission is to advance Holocaust manities Council the flexible, broad- train one weekend a month and two memory, education and scholarship. based kind of support that they need to weeks each summer. Instead, they par- This week marks its 5th anniversary. do the best job possible. Moreover, the ticipate 110–120 days a year and work Five years ago, no one would have foresight, diligence and creativity of side-by-side with their active duty col- predicted the reaction of the United those who conceived of this venture leagues on missions in countries States to the opening of the Holocaust will undoubtedly ensure that future around the world. General Waller has Museum. Estimates of visitation, even generations of Nebraskans will benefit been through it all and has never those most rosy, were low by a factor from a vibrant cultural life, historical wavered from the core values of the of more than two. Expecting 750,000 tourism and economic development Guard: integrity first, service before visitors under the highest estimate, which this public-private partnership self, and excellence in all that is done. the museum welcomed over 2 million will foster. General Waller is clearly an out- in its first year and every year since. At this time, I would like to applaud standing soldier. His military awards Just drive by the Holocaust Museum the efforts of those who made this En- and decorations include the Legion of any morning and see the line stretch- dowment possible. Governor Ben Nel- Merit; Meritorious Service Medal with ing around the building. son, State Senator LaVon Crosby, of two bronze oak leaf clusters; Air Force While I reflect on the Holocaust Mu- Lincoln, Jennifer Severin Clark of the Commendation Medal; Air Force seum, I feel it appropriate to mention Nebraska Arts Council and Jane Hood Achievement Medal; Outstanding Unit the work of a distinguished Vermonter, of the Nebraska Humanities Council Award; Combat Readiness medal with Professor Raul Hilberg. Professor three bronze oak leaf clusters; National Hilberg spent many years educating are all to be highly commended. Thank Defense Service Medal with one star; students at the University of Vermont you for your leadership, commitment Air Force Longevity Service Award about the Holocaust, but few people and courage in this endeavor and con- Ribbon with one silver and three know how instrumental he was in fur- gratulations on a job very well done.∑ bronze oak leaf clusters; Armed Forces thering Holocaust related research as a Reserve medal with gold hourglass; real serious enterprise. It wasn’t until f Small Arms Expert Markmanship Rib- Raul Hilberg began his study of this bon; Air Force Training Ribbon; Rhode important subject that historians 150TH ANNIVERSARY OF THE Island Star with one oak leaf cluster; began to take it seriously, and his re- WOMEN’S RIGHTS MOVEMENT Rhode Island Defense Medal; and Rhode search preceded the concept of the Hol- Island National Guard Service Medal ocaust Memorial Museum. Professor ∑ Mr. ABRAHAM. Mr. President, I rise with eagle and ‘‘V’’ device. Hilberg was instrumental in furthering today to recognize the 150th Anniver- General Waller is also an outstanding the Museum’s research programs and sary of the Women’s Rights Movement citizen. He is the devoted husband of many feel that he serves as a father of the United States. This courageous Carol, the loving father of Wendy, Jay figure to the institution. movement which began in 1848 in Sen- and Jill and the proud grandfather of Americans care about the past and eca Falls, New York at the first Wom- three boys. Throughout the years he want the world they leave to their chil- en’s Rights Convention ever held, has also given to his community as a dren to be a better and safer place. changed the nation irrevocably. The Boy Scout Master and a Sunday school They have learned well the lessons Women’s Rights Movement had a pro- teacher. from the fall of German democracy and found impact on women and all Ameri- General Waller rose from the enlisted the rise of Nazism. They look around cans. It opened up many new doors and ranks and has occupied and succeeded the world today and see acts of geno- increased opportunities for women in at virtually every level of command. cide and crimes against humanity and all fields. The work to achieve equality He inspired and empowered those rightly worry about our future. for women that began in 1848, has con- around him. He cares deeply for the They come to the Holocaust Museum tinued over the course of seven genera- Guard and the people in it. We are hon- because it informs and educates. It tions. It is for this reason that this sig- ored by the legacy he leaves behind and makes disregarding the past and even nificant movement in American his- aspire to ensure that General Waller is contemporary acts of genocide and tory should be increasingly recognized always proud of the Guard in the fu- crimes against humanity more dif- by our nation’s citizens, especially our ture.∑ ficult. children. S3558 CONGRESSIONAL RECORD — SENATE April 23, 1998 The significance of this year cannot Girl Scout must fulfill five require- seasons she brought her team to the be stressed enough. This 150th Anniver- ments: earn four interest project NCAA Tournament. And then she land- sary, under the national theme: ‘‘Liv- patches, earn the Career Exploration ed at Rutgers. ing the Legacy: Women’s Rights Move- pin, earn the Senior Girl Scout Chal- As one most respected head coaches ment 1948–1998’’ should be widely recog- lenge, and design and implement a Girl in women’s basketball history, Vivian nized and celebrated throughout the Scout Gold Award Project. A plan for has been named National Coach of the year and into the future.∑ fulfilling the requirements of the Year three times by her peers, as well f award is created by the Senior Girl as getting Coach of the Year awards TRIBUTE TO BETSY STEVENS OF Scout and carried out through close co- from Sports Illustrated, USA Today, THE CAPE COD CHAPTER OF THE operation between the girl and an adult Naismith and the Black Coaches Asso- RED CROSS Girl Scout volunteer. ciation. The names and projects of the young So Vivian’s success at Rutgers, how- ∑ Mr. KENNEDY. Mr. President, it is a women receiving the Girl Scout Gold ever remarkable, is not unexpected. privilege to take this opportunity to Award are as follows: Before this year, the Scarlet Knights pay tribute to Betsy Stevens, who re- Mary Foster put up a fence, cleaned had not been to the NCAA Tournament cently retired as Disaster Chairman for up and fixed headstones in her commu- since 1994. A recent news article in the Cape Cod Chapter of the American nity cemetery. Newark, New Jersey’s Star-Ledger de- Red Cross. Laura Hubbard made a camp song scribes the reasons behind Vivian’s Betsy Stevens has served with great book and set up a workshop to teach thriving tenure best, I think. It said distinction in this position for the past children and adults. that Vivian, now in her third season: six years. One of her most impressive Taneya Hamlin made a take-home ‘‘pumped Rutgers with fresh talent and achievements was hosting the recent booklet for children to learn about na- a distaste for mediocrity, a combina- Eastern Disaster Conference. Over 200 ture. She achieved this by designing tion that has triggered the Scarlet Red Cross disaster volunteers from the and drawing an activity/coloring book Knights’ rise and surge through the Eastern United States attended this for young visitors to Martin Park Na- NCAA Tournament.’’ conference hosted by the Cape Cod ture Center. Vivian has worked hard to recruit Chapter. Rebecca Shappie provided a method gifted women, instill discipline in prac- In her capacity as Chairman, Mrs. to raise money for scholarships for kids tice and competition, and most impor- Stevens did an excellent job organizing to go to camp. tantly, inspire self-confidence among Christina Hammond, Carrie Heaton, and training volunteers to provide the players. The women attracted to and Sara Brannan, designed an Erosion services to the victims of disasters. the Rutger’s basketball program all ex- Control Project at Lake Keystone During her tenure, Red Cross volun- celled in their high school years and which will benefit present and future teers responded to disasters such as the have a strong desire to contribute to generations. Oklahoma City bombing, the hurricane the game at a college level. The num- in Guam, and the paralyzing ice storm Patricia Bardick designed a program called ‘‘Babies, Bears and Books.’’ ber of awards that the players on the in Maine. team have received individually is part On Cape Cod, Betsy Stevens was re- Jennifer Hall designed a program called ‘‘Boredom Buster and Beauty of an impressive collection, with hon- nowned for her availability to deal ors such as Parade all-American, Rook- with sudden crises at all hours. She re- Bags’’ for the Baptist Children’s Home. Parthenia Harding, Erica Hill, Nina ies of the Year, Gatorade Player of the sponded to fires and airplane crashes, Holman, Jamila Jones and Rachel Year, and Sports Illustrated ‘‘Faces in and manned shelters during severe Landry-Gators set up and taught a the Crowd.’’ storms. She was skillful in recruiting basic American Red Cross course at an Again, I congratulate Vivian on her shop owners to donate goods and serv- elementary school. hard work and the ambitious young ices. She found emergency housing for Michelle Lambertus created women who play for her. I wish them victims and served countless holiday ‘‘Huggable Gingerbread,’’ a puppet continued success.∑ dinners. She deserves great credit for show for children in the hospital. the exceptional readiness and high Joelle Parrot and Jamie Smith orga- f quality of the Red Cross volunteers of nized and staffed a community blood the Cape Cod Chapter. Her leadership drive. TRIBUTE TO MR. WALTER M. will be greatly missed, but she has the The earning of the Girl Scout Gold HAUK, JR. gratitude of all of us for the job she did Award is a major accomplishment for ∑ Mr. SANTORUM. Mr. President, the so well. ∑ these young women, and I believe they f Knights of Columbus recently honored should receive the public recognition Mr. Walter Hauk, Jr. for his contribu- GIRL SCOUTS OF THE U.S.A. GOLD due them for this significant service to tions as the State Advocate over the AWARD their community and their country.∑ past two years. I rise today to recog- f ∑ Mr. INHOFE. Mr. President, today I nize Mr. Hauk and to discuss some of would like to salute several outstand- CONGRATULATIONS TO C. VIVIAN his outstanding contributions to his ing young women who have earned the STRINGER AND THE SCARLET community. Girl Scouts of the U.S.A. Gold Award. KNIGHTS A resident of Plymouth Township, All are members of the Red Lands ∑ Mr. LAUTENBERG. Mr. President, I Pennsylvania, Walter has taken a very Council of Girl Scouts in Oklahoma rise today to congratulate the Rutgers active role in local affairs. Over the City, OK. University women’s basketball coach, past 25 years, Walter has been a corner- These outstanding young women will C. Vivian Stringer, and her team for stone of the Knights of Columbus. In be honored on April 30, 1998, for earning their excellent success this past season fact, he has held all of the top offices in the highest achievement award in Girl when the Scarlet Knights made it to the organization. In addition, he has Scouting. The Girl Scout Gold Award the NCAA Tournament. served as member of the Conshohocken symbolizes the outstanding accom- Even though Rutgers didn’t make it Zoning Board, assisted in the plishments in the areas of leadership, to the NCAA Final Four, losing to the Conshohocken Soap Box Derby, and community service, career planning, Tennessee Lady Volunteers 92–60, Viv- served as a Scout Master. Further- and personal development. The Girl ian and the talented young women more, I would note that he earned a de- Scout Award can be earned by girls whom she has recruited and cultivated gree in accounting by attending ages 14–17 or in grades 9–12. are champions to all New Jerseyans. evening classes at St. Joseph’s Univer- Girl Scouts of the U.S.A., an organi- Vivian began her career building the sity. zation serving over 2.5 million girls, fledgling women’s basketball program By all accounts, Walter is a dedicated has awarded more than 25,000 Girl at Cheyney State in Pennsylvania, husband and father. He and his wife, Scout Gold Awards to Senior Girl bringing the team to the NCAA Cham- Carol, were blessed with four children— Scouts since the inception of the pro- pionship game in 1982. She moved on to two sons and two daughters. They are gram in 1980. To receive the award, a Iowa State, where for nine consecutive also proud grandparents. April 23, 1998 CONGRESSIONAL RECORD — SENATE S3559 Mr. President, Walter has dedicated The assistant legislative clerk read UNANIMOUS-CONSENT AGREE- his life to his family and his commu- as follows:. MENT—CONFERENCE REPORT ON nity. I ask my colleagues to join me in A resolution (S. Res. 215) directing the Sec- H.R. 1757 extending the Senate’s best wishes for retary of the Senate to request the House of Mr. GRASSLEY. Mr. President, for continued success to Mr. Hauk and his Representatives to return the official papers the information of all Senators, the family. ∑ on S. 414, and to make a technical correction in the Act as passed by the Senate. Senate will begin debate tomorrow on f the State Department reorganization The PRESIDING OFFICER. Is there conference report under a 6-hour time DONOR AWARENESS WEEK, APRIL objection to the immediate consider- agreement. 19–25 ation of the resolution? Mr. President, I ask unanimous con- ∑ Mr. ABRAHAM. Mr. President, I rise There being no objection, the Senate sent that the vote on the adoption of today to proclaim this week, April 19– proceeded to consider the resolution. the conference report now occur at 2:25 25, 1998 as ‘‘Donor Awareness Week.’’ Mr. GRASSLEY. Mr. President, I ask p.m. on Tuesday, April 28, with the pre- Organ and tissue donation is a very im- unanimous consent that the resolution viously ordered 10 minutes to com- portant issue. There is a critical need be agreed to and the motion to recon- mence at 2:15 Tuesday. to bring this issue to the forefront. Na- sider be laid upon the table. The PRESIDING OFFICER. Without tionally, nine out of ten individuals die The PRESIDING OFFICER. Without objection, it is so ordered. while waiting for a lifesaving trans- objection, it is so ordered. plant. Awareness should be promoted The resolution (S. Res. 215) was f at national and local levels. agreed to, as follows: I would also like to take this oppor- S. RES. 215 PROGRAM tunity to recognize some individuals Resolved, That the Secretary of the Senate Mr. GRASSLEY. Mr. President, as who work very hard to raise organ and is directed to request the House of Rep- previously ordered, the vote on the transplant awareness. The volunteers resentatives to return to the Senate the offi- conference report will now occur on at the Lakeshore Transplant Support cial papers on S. 414, entitled ‘‘An Act to amend the Shipping Act of 1984 to encourage Tuesday at 2:25 p.m. I announce to the Group in Muskegon, Michigan work on competition in international shipping and membership that the vote scheduled a daily basis to do so. I commend their growth of United States exports, and for for Monday, April 27, at 5:30 p.m. now dedication on behalf of this issue. other purposes’’. be postponed until 6 p.m. on Monday, Hopefully, more people will follow in SEC. 2. Upon the return of the official pa- and will be on an executive matter to their example and work to raise aware- pers from the House of Representatives, the be determined on Friday, April 24, by ness of the importance of organ and Secretary of the Senate is directed to make the majority leader after consultation tissue donation.∑ the following change in the text of the bill, with the Democratic leader. Also, viz: f In the amendment of section 8(f) of the under the previous order, when the Shipping Act of 1984 by section 106(e) of the Senate reconvenes on Monday and fol- MEASURE READ FOR THE FIRST bill, insert a comma and ‘‘including limita- lowing morning business, the Senate TIME—S. 1981 tions of liability for cargo loss or damage,’’ will proceed to executive session to Mr. GRASSLEY. Mr. President, I un- after ‘‘practices’’. consider the NATO treaty. It is hoped derstand that S. 1981, which was intro- f that there will be good debate on the duced earlier today by Senator HUTCH- treaty and that Members who wish to APPOINTMENTS BY THE INSON, is at the desk. I now ask for its offer amendments will come to the PRESIDENT PRO TEMPORE first reading. floor to do so. Therefore, there will be The PRESIDING OFFICER. The The PRESIDING OFFICER. The no rollcall votes during Friday’s ses- clerk will read the bill for the first Chair, on behalf of the President pro sion, and the next rollcall vote will time. tempore, and upon the recommenda- occur on Monday, April 27, at 6 p.m. The assistant legislative clerk read tion of the Democratic Leader, pursu- as follows: ant to the provisions of S. Res. 208 of f A bill (S. 1981) to preserve the balance of the 105th Congress, appoints the follow- rights between employers, employees, and ing Senators to the Special Committee ADJOURNMENT UNTIL 10 A.M. labor organizations, which is fundamental to on the Year 2000 Technology Problem: TOMORROW our system of collective bargaining while The Senator from Connecticut (Mr. Mr. GRASSLEY. Mr. President, if preserving the rights of workers to organize, DODD), Vice Chairman, The Senator there is no further business to come be- or otherwise engage in concerted activities from New York (Mr. MOYNIHAN), and fore the Senate, I now ask unanimous protected under the National Labor Rela- The Senator from New Mexico (Mr. tions Act. consent that the Senate stand in ad- BINGAMAN). journment under the previous order. Mr. GRASSLEY. Mr. President, I now f There being no objection, the Senate, ask for its second reading, and I object at 8:27 p.m., adjourned until Friday, ORDERS FOR FRIDAY, APRIL 24, to my own request on behalf of Mem- April 24, 1998, at 10 a.m. bers on the other side of the aisle. 1998 The PRESIDING OFFICER. The bill Mr. GRASSLEY. Mr. President, I ask f will be read the second time on the unanimous consent that when the Sen- next legislative day. ate completes its business today, it NOMINATIONS f stand in adjournment until 10 a.m. on Executive nominations received by Friday, April 24. I further ask that on MAKING A TECHNICAL the Senate April 23, 1998: Friday, immediately following the ENVIRONMENTAL PROTECTION AGENCY CORRECTION TO S. RES. 414 prayer, the routine requests through NIKKI RUSH TINSLEY, OF MARYLAND, TO BE INSPEC- Mr. GRASSLEY. Mr. President, I ask the morning hour be granted and the TOR GENERAL, ENVIRONMENTAL PROTECTION AGENCY, unanimous consent that the Senate Senate then begin consideration of the VICE JOHN C. MARTIN, RESIGNED. proceed to the immediate consider- conference report to accompany H.R. THE JUDICIARY ation of S. Res. 215, submitted earlier 1757, the State Department reorganiza- ROBERT A. FREEDBERG, OF PENNSYLVANIA, TO BE today by Senator HUTCHISON. tion bill, under the consent agreement UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA VICE THOMAS N. O’NEILL, The PRESIDING OFFICER. Without of March 31, 1998. JR., RETIRED. objection, it is so ordered. The PRESIDING OFFICER. Without DAVID R. HERNDON, OF ILLINOIS, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT The clerk will report. objection, it is so ordered. OF ILLINOIS VICE WILLIAM L. BEATTY, RETIRED. April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E641 EXTENSIONS OF REMARKS

CAMPAIGN FINANCE REFORM five great-grandchildren with her own special democracy. Just last month, Ukraine success- kind of gentle compassion, providing a model fully held its first national Parliamentary elec- HON. RON KIND of humanity that they will carry with them al- tions under a new democratic Constitution and OF WISCONSIN ways. recently passed federal election law. Nearly Her death at the age of 87 was a loss, but seventy percent of the citizenry turned out to IN THE HOUSE OF REPRESENTATIVES her generous spirit will continue to warm and cast a ballot in this monumental election. Thursday, April 23, 1998 nurture the community through the memories Any transition of this magnitude, however, Mr. KIND. Mr. Speaker, the announcement she has left with us. will naturally encounter both progress, as well by the House leadership to allow an open and f as setbacks. Ukraine, as Europe's second- honest debate on campaign finance reform largest nation with 51 million citizens, has has been cheered by editorials and reform ac- RECOGNIZING GEORGE DICKINSON faced particular challenges in transforming a tivists throughout the country. I, however, am misguided and convoluted Soviet economic withholding my enthusiasm. We have been HON. GLENN POSHARD system into a transparent and viable economy, given false promises before and I will not cele- OF ILLINOIS open and appealing to eager foreign investors. brate until we actually take part in a truly open IN THE HOUSE OF REPRESENTATIVES Many American investors have faced signifi- debate on this issue on the House floor. cant obstacles and complications attempting to Thursday, April 23, 1998 I am not yet convinced that our goal of operate in this difficult environment. passing meaningful reform will happen given Mr. POSHARD. Mr. Speaker, I would like to The fiscal year 1998 Foreign Operations Ap- the history of the Republican leadership in the take a moment to recognize the achievements propriations bill, signed into law by President House and the Senate on this issue. In spite and services of my constituent, George Dickin- Clinton last year, requires U.S. Secretary of of the support of a majority of the members of son of Flora, Illinois, who serves as Scout- State Madeline Albright to ``certify no later the Senate, reform was defeated by proce- master for Boy Scout Troop 282. He has vol- than April 30, 1998 that the government of dural maneuvers. In the House a majority of unteered for the Boy Scouts of America for Ukraine has made significant progress toward the members have been advocating for a year fifty years and has remained committed to this resolving complaints by U.S. investors.'' With- and a half in support of campaign reform, yet organization and his community. out such certification, the U.S. shall, under we haven't gotten a vote. I hope that the lead- George has demonstrated excellent service law, withhold fifty percent of the fiscal year ership has finally seen that the public wants to his troops by teaching them how to survive 1998 foreign assistance funding to Ukraine, Congress to do something about big money in in the wilderness and respect others. Over the not including funds used for nuclear safety politics. past fifty years, he has taken his troops on a purposes. Given our country's vital long-term Mr. Speaker I will continue my effort to keep variety of trips to help them understand the strategic interest in Ukraine, however, it is my this issue at the forefront until I am assured great outdoors even better, including a trek to hope that investor complaints have been suffi- that an open honest debate will happen on the Philmont Boy Scout Ranch in New Mexico, ciently resolved to warrant Secretary Albright's campaign finance reform. The people of west- canoeing the boundary waters of Minnesota, certification on April 30. ern Wisconsin will accept nothing less. and hiking the Appalachian trail through Geor- American and Ukrainian officials alike have f gia. It is refreshing to know we can rely on stated that the development and improvement role models such as George to mentor our of Ukraine's business climate is crucial for HONORING FILIPINA S. MACAHILIG youth. Ukraine's continued path toward a true, mar- George has received numerous awards ket-oriented economy. While America should HON. SAM FARR from the local and national Boy Scout coun- commend the reform efforts attained by OF CALIFORNIA cils, including the Silver Beaver Award, the Ukraine in 1997, which have resulted in the IN THE HOUSE OF REPRESENTATIVES District Award of Merit and the Veteran Scout- lowest rate of inflation since independence, er Award. He is dedicated to his Troop and the stabilization of Ukraine's monetary unit, Thursday, April 23, 1998 dedicated to the service of the Boy Scouts. and the continued privatization of state-owned Mr. FARR of California. Mr. Speaker, I rise George is not only an exemplary role model enterprises, it is equally important for Ukraine to note the passing of a woman whose loving for the Boy Scouts of Troop 282, but also for to achieve deregulation in product licensing care for her family and community spanned the state of Illinois and it is with the greatest and to pursue further restructuring of its en- half the world, for over half a century. honor that I can represent George in this ergy and agricultural sectors. It is my hope Filipina S. Macahilig began life in Manila, body. Mr. Speaker, please join me in recogniz- that Ukraine can achieve these additional, graduating from the University of the Phil- ing George Dickinson for his milestone fifty much-needed reforms through the assistance ippines before working as a nurse through years of service to the Boy Scouts and the of continued U.S. engagement. World War II. The children at the schools on Flora community. Acknowledging America's role in Ukraine's Panay Island were comforted by her tender f continued economic development, former am- and competent care. bassador to Ukraine William Green Miller re- At war's end, Ms. Macahilig moved to the UKRAINE cently stated, ``the United States has the ca- United States, first to San Francisco and then pacity to continue the levels of support it has to the Monterey Peninsula, where she contin- HON. BOB SCHAFFER given in the past, and in fact, should look to ued to care for the ill and infirm. She and her OF COLORADO increase those levels in order to ensure a suc- beloved husband Edel raised her large family: IN THE HOUSE OF REPRESENTATIVES cessful outcome.'' The Ukrainian government four sons, Rene, Felicisimo, Requiro and has indicated that without increased foreign in- Edilberto, and four daughters, Alice, Berna- Thursday, April 23, 1998 vestment, many structural reforms already in dette, Suzanne and Teresita, all of whom Mr. BOB SCHAFFER of Colorado. Mr. place would be difficult to maintain. For this graduated with highest honors and became Speaker, in August 1991, the people of reason, the Ukrainian government recently outstanding members of their communities. Ukraine courageously and proudly proclaimed formed the Special Task Force on Corporate Her warmth extended outwards into the com- independence from the Soviet Union, and im- Governance and Shareholder Rights. The pur- munity through her service as a longtime mediately faced the dual challenges of restruc- pose of this task force is to enhance the in- member and officer of the Filipino Community turing both a centralized economy and authori- vestment climate in Ukraine and improve its Organization of the Monterey Peninsula. She tarian political system. Unlike the often erratic competitiveness in the international market- replenished her spirit at the Carmel Mission progression of other post-Soviet nations, place. Basilica where she was a faithful parishioner. Ukraine has moved cautiously and steadily to- The existence of informal and unofficial She cared for her fourteen grandchildren and ward a free-market economy and multi-party economies remains a frequent complaint

∑ 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. E642 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 among businesses attempting to operate in UDW Organizing Committee and its members Early in life, his aesthetic sense found ex- Ukraine. Such malfeasance can most properly on receiving this significant award from the pression in music. While obtaining a degree in be attributed to Ukraine's years under Soviet San Diego-Imperial Counties Labor Council for chemistry from Brooklyn College, Arthur rule, where such practice was commonplace, your many long hours and labor-intensive played the cello in orchestras and chamber and does not reflect the overall will or potential work in the cause of justice! ensembles. His life as a cello player was set of the nation. Rather than turning our backs f aside to become a businessman, and he rose on a promising democracy because it retains to become president and chief executive of unfortunate remnants of a failed, oppressive HONORING BLISSFIELD’S Spex Industries, Inc in Edison New Jersey. political doctrine, it is my belief that we should NATIONAL HEROES Later in life he returned to his music as a instead continue to engage this aspiring, re- member of the Chamber Music Society of the covering independent nation and encourage HON. NICK SMITH Monterey Peninsula and of the Carmel Music the constructive reform Ukraine has already OF MICHIGAN Society. initiated. IN THE HOUSE OF REPRESENTATIVES Arthur Mitteldorf and his wife Harriet under- Rebuking Ukraine for its greatest chal- Thursday, April 23, 1998 took a project that was two years in the doing. lenges, rather than assisting her with them, is Together they searched Carmel Valley for a Mr. SMITH of Michigan. Mr. Speaker, I rise counterproductive and could send the signal to stand of redwoods that would epitomize the to pay special tribute to four of my constitu- other nations that America has lost confidence beauty of the area. In 1990, having found a ents who have demonstrated the true meaning in Ukraine's ability to further reform its system. majestic tract, they donated 1,100 acres of of community service. So many people talk Such an outcome could defeat years of redwood dotted canyons and hills to the Big about the need to get involved and pitch in progress in this important democracy, and Sur Land Trust. It is now known as the when they see a problem, but in my district is weaken the beneficial relationship between Mitteldorf Preserve. The Preserve not only blessed to have four young people who put our two nations. It is essential that the United provides a refuge for flora and fauna, but has those words into action. States continues to work toward ensuring an become the centerpiece of the Land Trust This week, the Make A Difference Day com- economically viable Ukraine which is critical to public outreach, multiplying the Mitteldorf's mittee, organized by USA Weekend, named continued peace and stability in the region. contribution by setting an example to others to the group of Christi Stoker, Natalie f join them in their love for the land. Eisenmann, Amanda Nicolai, and Stephanie WORKERS MEMORIAL DAY: Powell among ten recipients of a national Arthur Mitteldorf's generosity, his staunch ORGANIZING AWARD award from the Make A Difference Day Foun- defense of the environment, and his commit- dation. ment to his community will be sorely missed HON. BOB FILNER These girls offered some helping hands to a by all who knew him. Our hearts go out to his family. We can take solace in the knowledge OF CALIFORNIA homeless shelter in Toledo, not too far from that his contributions will enrich generations IN THE HOUSE OF REPRESENTATIVES their hometown of Blissfield, Michigan. The girls, who are 13, organized a coalition of into the future. Thursday, April 23, 1998 community members to donate books, games, Mr. FILNER. Mr. Speaker, I rise today to wallpaper, and other materials to make this f recognize the United Domestic Workers of shelter more of a home for the kids and their RECOGNIZING HELEN DILLARD America/AFSCME, AFL±CIO, as they are hon- parents who sought refuge there. They ended ored by the San Diego-Imperial Counties up collecting more than $800 in contributions Labor Council, AFL±CIO for their contributions for the shelter. HON. GLENN POSHARD to the labor movement and to the community And, these special young people didn't stop as a whole. there. They helped a young girl at the shelter OF ILLINOIS The UDW Organizing Committee is being and her mother find a place to live. The girls IN THE HOUSE OF REPRESENTATIVES recognized by the Labor Council with its ``Or- still stay in touch with the family to whom they Thursday, April 23, 1998 ganizing Award'' for their historic organizing gave this precious gift. drive in which they made over 10,000 house Mr. Speaker, we are a nation that turns fa- Mr. POSHARD. Mr. Speaker, I would like to visits and signed up 3,200 home care workers mous people into heroesÐTV and movie stars take a moment to recognize the accomplish- in a record 31¤2 months last summer. and our national journalists. But to me, Ameri- ments of my constituent, Mrs. Helen Dillard of These home care workers, who provide do- ca's true heroes are those who devote time Eldorado, Illinois. She is celebrating her fiftieth mestic and personal care services to the el- and energy in their communities to give or year serving the people of Illinois as a labora- derly and disabled, earn minimum wage with offer assistance and compassion to those who tory technologist, and I want to commend her no benefits. While they give their service in need it. on reaching this exceptional milestone. caring for the sick and infirm, they have no Few people who have performed that task As co-chair of the House Rural Health Care sick leave, no health insurance, and no retire- better than Christi Stoker, Natalie Eisenmann, Coalition, I am pleased to see that my con- ment. Even though their work is controlled by Amanda Nicolai, and Stephanie Powell. stituents are helping to truly make a difference the county and paid by the state, they are not f in the medical community. For twenty years, recognized as permanent employees. They Helen worked at the Farrell Hospital, and for are called independent providers and have no HONORING ARTHUR MITTELDORF twelve years she served the Hardin County employee rights. General Hospital. She then went on to Pearce To correct this situation, the new members HON. SAM FARR Hospital, and is currently working at the Har- of UDW have set up organizing committees in OF CALIFORNIA risburg Medical Center, where she has im- San Diego's five supervisorial districts, IN THE HOUSE OF REPRESENTATIVES pressed her co-workers with her diligence, skill prioritized their demands for improving their and personality. jobs, trained 30 new delegates for the UDW Thursday, April 23, 1998 State Convention, and initiated a membership Mr. FARR of California. Mr. Speaker, I rise In addition, Helen is a model citizen in her service program to include emergency assist- today to honor Arthur Mitteldorf, a devoted hometown community. She participates in a ance, legal consultations, life and medical in- conservationist and warm friend and respected wide range of activities and never hesitates to surance, and representation at benefit appeal member of the community. lend a hand to friends and neighbors. Helen is hearings. UDW is also working on legislation Mr. Mitteldorf's contributions cannot be a faithful Christian and community leader who and local initiatives to establish legal recogni- measured. Throughout the years, he freely devotes her time and talent to the local church tion and collective bargaining rights for inde- gave of his time and knowledge to environ- as an accomplished pianist, organist and sing- pendent providers. mental advisory committees. He wrote persua- er. Having completed these successful accom- sive articles and commentaries on topics such Helen's kind generosity and dedication has plishments, UDW is now in the second phase as air quality, hazardous materials, and the brought her respect and admiration at work of its campaign to organize the remaining consequences of building dams. His presence and at home. Mr. Speaker, please join with 6,000 independent providers. will be sorely missed by members of the me in recognizing Helen Dillard for her mile- As a friend and supporter of UDW for many Ventana Chapter of the Sierra Club, where he stone fifty years of service to the medical com- years, I want to sincerely congratulate the put words to the views of many. munity and to the people of Eldorado. April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E643 CORTLAND ZONTA CLUB NAMES perhaps unwilling to answer our own ques- come Life, they graciously host hospitality 1998 WOMAN OF ACHIEVEMENT tionÐwhat has happened to our children? rooms for various union conferences. The answer to this question comes not from Molly and Mike collect food on a monthly HON. JAMES T. WALSH scientists or statesmen, but from the mouths basis and donate it to the Labor Council's Community Services Program. When things OF NEW YORK of babes, the children whose lives have been get particularly busy, Molly volunteers in the IN THE HOUSE OF REPRESENTATIVES profoundly affected by a culture of violence. Mr. Speaker, I hereby submit for the RECORD Labor Council office. The Bosicos attend affili- Thursday, April 23, 1998 a letter submitted to the Coloradoan April 16, ate rallies together, and recently the entire Mr. WALSH. Mr. Speaker, today I would like 1998 by Ashley and Meaghan, both twelve family participated in the Strawberry Workers to acknowledge the very special contributions years old. March in Watsonville. The Bosicos are a good to my community and to humanity in general We want to inform people about how abor- example of the family that organizes together, by an outstanding individual, the 1998 Zonta tion is affecting children like us. In Arkansas stays together. Woman of Achievement award winner in recently, two boys, our age, murdered four These three individuals are being honored Cortland, N.Y., Mrs. Anna Forcucci. young girls and one teacher. They are still to by the Labor Council as Friends of LaborÐ Anna Forcucci is best known for her dedica- be punished for their crime. We want to know members of the community whose work has tion to community health care, especially in why mothers can get away with abortion when strengthened labor's efforts and who have her work for the Cortland Memorial Hospital 12-year-old boys may get punished for mur- touched the lives of thousands of San Diegans. It is truly fitting that the House of and the Cortland Memorial Foundation. der. Representatives join in this recognition, and I As an employee of the hospital for 20 years, We believe murder is murder, whether it is am proud to salute this year's honorees: Mary she has served in many roles. As Director of a shooting, stabbing, or abortion. Numerous Tong, and Molly and Mike Busico. Volunteers for 12 of those years, she led 500 amounts of mothers have killed an unborn f individuals and began many new programs. child and not given them a chance to live. We She was instrumental in the success of the also believe that doctors who carry out abor- CONGRATULATIONS TO BOB 1993 Additions and Alterations Campaign tions are wrong. Everyone should have a DUNCAN which raised about $1 million. She is respon- chance to eat ice cream and get messy, play sible for the great success of the Teen Age in puddles and get wet. And every mother can HON. GEORGE P. RADANOVICH Volunteer Program, and for expanding it to in- experience the warmth of a hug from a child. OF CALIFORNIA clude boys as well as girls. All participants We understand mothers are confused and IN THE HOUSE OF REPRESENTATIVES gain experience in the health care setting and afraid, but they should think twice before get- Thursday, April 23, 1998 benefit from scholarships for academic serv- ting pregnant. If we all take a stand, we can ice. stop abortion. Mr. RADANOVICH. Mr. Speaker, I rise Anna is a role model not only for young Mr. Speaker, thank you for considering the today to congratulate Bob Duncan for being women, but for all workers in the health care opinions of these two young and bright con- honored with the Silver Medallion Award. This industry. She is highly regarded in her field stituents from Colorado. award is the highest honor bestowed by the among her colleagues around New York f Boys & Girls Clubs of America. Bob Duncan State. has been a life long supporter of the Boys & Always the leader, she graduated from WORKERS MEMORIAL DAY: Girls Club and is very deserving of this honor. Bob Duncan was born and raised in Fresno, LeMoyne College in Syracuse summa cum FRIENDS OF LABOR AWARD California. He is the son of Lee R. Duncan laude in history and was awarded the Bishop and Mary Erma Duncan and has four grand- Ferry Prize for highest grades in religion. HON. BOB FILNER children. He attended California State Univer- Anna has served on many boards with orga- OF CALIFORNIA sity, Fresno and served in the United States nizations such as the Salvation Army, the IN THE HOUSE OF REPRESENTATIVES Army for three years during World War II, YWCA, the County Community Services, the Thursday, April 23, 1998 where he was a Lieutenant in the Medical Ad- Groton Health Center, and the J.M. Murray ministration Corps. Center. She is a member of Zonta, the Fort- Mr. FILNER. Mr. Speaker, I rise today to recognize Mary Tong, Molly Busico and Mi- Bob Duncan is currently on the Board of nightly Club and the Church Women United, Governors at California State University, Fres- chael Busico, as they are honored by the San and since her retirement has remained active no. He serves on the Steering Committee of Diego-Imperial Counties Labor Council, AFL± as a hospital volunteer and chair of the south- the American Lung Association Celebrity Wait- CIO for their dedication to helping working ern zone of the State Hospital Volunteer Asso- ers Luncheon and is a member of the Fresno families and organized labor. ciation. Rotary, Presidents, Circle-California State Uni- Mary Tong has worked for the labor move- Anna Forcucci is a citizen of the highest versity, Frenso, and Little Hero's-Big Heroes character, integrity and ethical standards. It is ment for more than twenty years. She began of Valley Childrens Hospital Program. He is with great pleasure that I ask my colleagues to her tireless efforts while still a teenager as she the Director of the Fresno Metropolitan Mu- recognize her accomplishments and to thank helped organize agricultural workers. seum, Fresno City and County Boys & Girls the Zonta Club of Cortland County for naming In 1993, she founded the Support Commit- Club, and the Fresno Athletic Hall of Fame. Anna the Woman of Achievement for 1998. tee for Maquiladora Workers. As the Commit- Additionally, he serves on the Executive Com- f tee's Executive Director, she faces consider- mittee of the Fresno Business Council, the Ex- able risks to support the unionizing efforts of ecutive Committee of the Fresno Convention ACKNOWLEDGING ASHLEY SCOTT maquiladora workers. Mary played a critical & Business Bureau, and the State Center AND MEAGHAN MOORE role in assisting the workers at the Han Young Community College Foundation. plant to accomplish an historic feat by estab- Bob Duncan has been honored with many HON. BOB SCHAFFER lishing the first independent union in the awards. He has received the Presidents OF COLORADO maquiladora industry in the Tijuana border re- Award, been named Optimist Of The Year by IN THE HOUSE OF REPRESENTATIVES gion. In battling the corporations that move the Greater Fresno Optimists, recognized as jobs south to Mexico to attempt to exploit Boss of The Year by the National Secretaries Thursday, April 23, 1998 workers, pay starvation wages, and disregard Association and has received the Alumnus Mr. BOB SCHAFFER of Colorado. Mr. health and safety standards, Mary continues Award from the California State University, Speaker, I rise today to acknowledge two to break new ground in bringing together Fresno School of Business. He has been young constituents from Colorado's Fourth workers across borders. named Honorary Member of Beta Gramma Congressional District, Miss Ashley Scott and Molly and Michael Busico are a labor family, Sigma and was honored with the Top Pro- Miss Meaghan Moore who have the courage and they are also a labor business. They give ducer Award by the California State University, to speak out on a subject which most adults generous financial support to San Diego's Frenso Bulldog Foundation. He has received are noticeably silentÐwhat happens to chil- labor movement through their family business, the Friend of Youth Award from the Optimists dren who are raised in a society which has American Income Life. Molly and Mike volun- Club, the Citizens Service Award from the lost its respect for life. Violent acts committed teered to fund the Labor Council's Organizing Fresno Association For the Retarded, and has by children have increased in the last two dec- Program and financed a toll free number and appropriately had the Campus Athletic Build- ades. With each terrible incident, we are other campaign materials including banners ing at California State University, Fresno struck with horror and bewilderment, unable or and bumper stickers. Through American In- named after him. E644 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 Mr. Speaker, it is with great honor that I Against Them,'' which profiles five survivors of WILLIAM KONAR congratulate Bob Duncan for receiving the Sil- Nazi savagery who came to the United States ROCHESTER, N.Y.—RACK JOBBING, DRUGSTORES, ver Medallion Award. I applaud his leadership penniless and built fortunes here in their REAL ESTATE and exceptional community involvement. I ask adopted homeland. Mr. William Konar of In the years since World War II, Bill my colleagues to join me in wishing Bob Dun- Rochester, New York, was one of the five that Konar, now 68, has talked very little of his can many more years of success. Fortune Magazine selected to highlight in this Holocaust experience, and as he made the ef- fort recently for a visitor, his face gradually f extraordinary article, and I want to pay tribute tightened, coming to look as if he could to him today. RECOGNIZING MOTHER barely squeeze out the words. He was the William Konar, like the other four singled out CHARLOTTE EADES youngest child of four in a family that lived by Fortune Magazine, has a unique story, but in the central Poland city of Radom. His fa- there are common threads to these five tales ther, a leather wholesaler, died when he was HON. GLENN POSHARD of personal success. The story of the penni- 4—but not before the father had identified OF ILLINOIS less immigrant who succeeds in America is a this son, Welwel by name then, as an uncon- trollable piece of work, a stealer from the fa- IN THE HOUSE OF REPRESENTATIVES familiar theme in our nation's lore, but these ther’s cash register even, who would surely Thursday, April 23, 1998 stories involve a degree of courage and deter- someday ‘‘end up in Alcatraz’’ (indeed, infa- mination unmatched in the most inspiring of mous even in Radom). Mr. POSHARD. Mr. Speaker, it is my great Horatio Alger's stories. After the Germans marched into Poland, honor to rise today in recognition of an excep- These men were, in the words of author Radom’s Jews were first forced into work, tional and inspirational woman, Mother Char- Carol J. Loomis, ``Holocaust survivors in the then into ghettos, and ultimately into ter- lotte Eades, to mark the occasion of her ap- most rigorous sense,'' they ``actually experi- rible episodes of separation, with the women pointment as State Supervisor of Women, 1st enced the most awful horrors of the Holo- and small children taken away and the men Jurisdiction of Illinois-Church of God in Christ. left in the ghettos. Bill, though only 12 and caust, enduring a Nazi death camp or a con- slight in build, was put with the men. After Mother Eades has served for twenty-eight centration camp or one of the ghettos that years as the First Assistant to former State the time of separation, in July 1942, he never were essentially holding pens for those again saw his mother, his sister, her baby, or Supervisor of Women, Mother Carrie Cantrell. camps.'' her husband (who had refused to leave his Sadly, Mother Cantrell recently passed away, They picked themselves up ``from the very family). but there could be no more dedicated, experi- cruelest of circumstances, they traveled to Throughout these years, Bill’s older broth- enced or respected woman to succeed her America and prospered as businessmen. They ers, Herszek (now Harry) and Moshe (now than Mother Eades. Morris), both teenagers, worked for the did it, to borrow a phrase from Elie Wiesel, In addition to being a devoted wife, mother, Wehrmacht. Aware, though, that his youth when everything in history was against them.'' sister and friend, Mother Eades has served and small size made him look useless and ex- They were teenagers or younger when World the church in many capacities. She has been pendable, Bill hid in ghetto attics for long War II began. They lost six years of their periods. Later he worked, doing food-depot a teacher, an evangelist, a missionary, an ad- youth and six years of education. ``They were duty that he remembers as grueling. visor, and for the past seven years, she has deprived of liberty and shorn of dignity. All lost By the summer of 1944, the Russians were served as Dean of the C.H. Mason/William relatives, and most lost one or both parents. advancing fast on the eastern front, and the Roberts Bible College. Mother Eades is a true Germans in Radom grew apprehensive that Each . . . was forced to live constantly with leader and a role model who gives selflessly their Jews, many by then well-trained war the threat of death and the knowledge that and generously of her wisdom, time, experi- workers, would escape. So the Konars and next time he might be ``thumbed'' not into a ence and talents. She has already touched so hundreds of other victims in the area were line of prisoners allowed to live, but into an- many lives, and as State Supervisor of put into a forced march for more than 100 other line headed for the gas chambers.'' miles and at its end herded into railroad box- Women she will have the wonderful oppor- Through luck and the sheer will to survive, cars said to be headed for work camps in tunity to touch so many more. these were some of the very fortunate who Germany. The stops turned out to include On May 2, Mother Eades will be honored at loved to tell the story of that horror. Auschwitz. There, the Jews were ordered out a ceremony in Hickory Hills, Illinois, in recogni- of their cars and subjected to still another tion of her ascendance to the position of State The second part of their stories is also simi- weeding out in which the weak, elderly, and Supervisor of Women. Mr. Speaker, it gives larÐa variant of the American dream. These sick were shunted off to the gas chambers, me great pleasure to add my congratulations courageous men came to the United States and the others were shoved back onto the and to express my deep gratitude for Mother with ``little English and less money.'' Despite train. When the cars pulled out again, Bill their lack of friends and mentors, they found was aboard, and so were his brothers. Eades' years of dedicated service and for the The three ended the war at a work camp excellent example I know she will continue to the drive to succeed. As Loomis notes, ``many millions who were unencumbered by the near Stuttgart, Germany, where Bill fell set for Christian women everywhere. I know under the protection of a German cook, who my colleagues join me in saluting Mother heavy, exhausting baggage of the Holocaust liked this imp of a kid, let him sneak food to Eades on this very special occasion. had the same opportunities and never reached his family, and, in the final days of war, even f out to seize them as these men did.'' Their helped him hide a brother threatened with success in view of the immense obstacles that transport one more time. On liberation day TRIBUTE TO WILLIAM KONAR impeded their path makes their stories all the for the Konars, May 7, 1945, Bill was 15— more remarkable. hardened way beyond his years, but still 15. One other element that is also common to Right after the war, Bill got into a school HON. TOM LANTOS run by a relief agency and began to learn these five outstanding business leadersÐthey OF CALIFORNIA English. That gave him a head start when, in are ``Founders'' of the U.S. Holocaust Memo- IN THE HOUSE OF REPRESENTATIVES 1946, he became part of a boatload of orphans rial Museum here in Washington, DC. They brought to the U.S. and dispersed country- Thursday, April 23, 1998 have shown a strong commitment to remem- wide to homes that either wanted or would Mr. LANTOS. Mr. Speaker, today represent- bering the brutal horrors of the Holocaust, have them. ‘‘They picked Rochester for me,’’ atives of the Congress, the Administration, paying honor to its victims, and working to he says, and that’s where he’s been ever and the Supreme Court gathered in the Great prevent the repetition of this vicious inhuman- since (along with his brothers, who came Rotunda of this historic building for the Na- ity. later). In the city’s leading hospital, Strong Memorial, there is a renowned unit called tional Civic Commemoration to remember the Mr. Speaker, William Konar is one of the the William and Sheila Konar Center for Di- victims of the Holocaust. This annual national five Holocaust survivors and leading American gestive and Liver Diseases that would not memorial service pays tribute to the six million entrepreneurs highlighted in this article. Mr. exist had not Rochester gotten hold of this Jews who died through senseless and system- Konar was extremely successful in developing 16-year-old. atic Nazi terror and brutality. At this somber a chain of 84 discount drugstores, and he has The U.S. government paid $10 a week to a commemoration, we also honored those he- been active and successful in real estate after Mrs. Goldberg to keep him. He somehow roic American and other Allied forces who lib- selling the drugstore operation. As we here in passed tests that qualified him to enter the junior class of Benjamin Franklin High erated the Nazi concentration camps over half the Congress mark the annual Days of Re- School, and in his two years there he played a century ago. membrance in honor of the victims of Nazi ter- soccer, worked for 25 cents an hour at a su- Mr. Speaker, this past week Fortune Maga- ror, I am inserting the profile of William Konar permarket, and otherwise took on the zine, April 13, 1998, devoted several pages to from Fortune Magazine be placed in the spots—though definitely not the accent—of an article entitled ``Everything in History was RECORD. an American teenager. Once graduated, he April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E645 even began taking some classes at the Uni- sure has no charms from him; he has spent versity of California at Los Angeles. He at- versity of Rochester. the past couple of decades building a real es- tended the best schools, both public and pri- But by that time he was working just tate business in Rochester, William B. Konar about every other hour of the day, getting a vate, that our fine state can offer, earning a Enterprises. The business owns apartments, master's degree from Stanford University and kick out of paying income taxes, and show- townhouses, and warehouses, and is con- ing a marked talent for business. He sold structing an industrial park on the edge of doctorate from University of California at canned foods and then kosher pickles to gro- Rochester. Berkeley. A noted scholar in his field of politi- cers and restaurants. Next, he caught on to Konar’s own house, on the Erie Canal in cal science, he authorized many books, was a a new wholesaling trend: the placing, or suburban Rochester, is very nice but not lav- Carnegie Fellow in New Zealand and Aus- ‘‘rack jobbing,’’ of health and beauty aids in ish. Nearby, though, is the large and elegant tralia, and a Fullbright lecturer at the Univer- food stores. He started with goods from new home of Konar’s daughter, Rachel, her sity of Western Australia. Lever Brothers, Pacquin, and Ben-Gay; husband (who works for Konar), and their Dean McHenry held a number of administra- spread into phonograph records and two children. Konar played tour guide housewares; and eventually got beyond tive posts at the University of California at Los through the house recently, clearly enjoying Angeles. But his life took a significant turn mom-and-pop stores into the bigger spreads the moment. As he finished up and headed serviced by Independent Grocers Alliance for his car, he looked back at the home with when his former roommate, Clark Kerr, who (IGA). But the time he was 23, in 1952, his a grin, shook his head in wonder at it all, had just been appointed to the presidency of company, which he owned with a partner, and said, ‘‘What a country!’’ the University of California system, tapped into had sales of $1 million. And in another ten his abilities to conceptualize an innovative sys- f years he was minus the partner and on his tem of higher education, asking him to serve own, raking in good profits on sales above $3 as the University representative on the team million. From a street in Rochester on which RETIREMENT OF STEVE MCNEAL he rented a building, he’d also lit on a Yan- developing California's Master Plan for Higher kee-sounding name for his company, Clinton. HON. BOB SCHAFFER Education. It was then that Dean McHenry de- In business he had all the right entre- signed a college system accessible to all high OF COLORADO preneurial instincts and disciplines. ‘‘Cash is school graduates, with standards for the Uni- king’’ was a motto, meaning that he un- IN THE HOUSE OF REPRESENTATIVES versity, the state college system, and commu- equivocally expected his invoices to be paid Thursday, April 23, 1998 nity colleges that allowed students to advance when due. Big or not, J.C. Penney, to which from one institution to another. Konar wholesaled records, got axed as a cus- Mr. BOB SCHAFFER of Colorado. Mr. tomer when it proved to be a slow payer. Speaker, I rise today to commemorate a con- In 1961, Dean McHenry was appointed Konar also habitually worked like a demon. stituent of mine, Mr. Steve McNeal of Fort Col- founding chancellor of the University of Cali- He wife, Sheila, whom he married when he lins, Colorado upon his retirement after 36 fornia, Santa Cruz which would become the was 24, rolls her eyes at the memory: ‘‘He years teaching music in the Poudre School tangible expression of the philosophies he was crazy; I didn’t have a husband.’’ Once, District. Hired in 1962, his last year marks the shared with President Clark Kerr. Together she says, her house caught on fire and he was longest term of service to the district of all they envisioned a university at which major too busy to come home, so he sent one of his academic research was done in an intimate managers to help instead. teachers presently employed. During his long Konar might have stayed at rack jobbing career, he has gained the respect and admira- small-college environment, a constellation of forever had not his biggest customer, IGA, tion of generations of students, parents, teach- colleges, each with a specialized academic decided in 1962 to go ‘‘direct,’’ which meant ers, and administrators. focus, and attendant dining halls, classrooms it would cut out his middleman and his prof- For his commitment to excellence, Steve and meeting facilities. During the four planning its and instead itself supply the goods he’d was recently awarded the National School Or- years, eminent scholars were recruited to the been selling. The move caught Konar at a chestra Association Director of the Year. Even faculty. The University of California, Santa terrible time—he’d just bulked up in ware- Cruz opened to students in 1965. Upon open- house space—he was too independent and too though the Fort Collins High School auditorium riled to accept IGA’s offer to buy him out. bears his name, Steve's legacy cannot be ing not all of the construction had been com- Said Konar to IGA’s president: ‘‘I’ve been contained in a place or told in a word. As no- pleted, so the students were housed in mobile through the war, and I’m not going to take table historian Henry Brooks Adam once said, home trailers. They were pioneers with a vi- any crap from anybody.’’ ``A teacher affects eternity; he can never tell sionary leader. He and IGA began gradually to phase out where his influence stops.'' Steve McNeal is In the McHenry years, the University of Cali- their dealings, and within months Konar fornia, Santa Cruz flourished. After his retire- simply went into an entirely new business: one such teacher, a person who touched lives through teaching music. ment in 1974, Dean McHenry monitored addi- owning and operating discount drugstores tions such as the arboretum and Long Marine (which, of course, could be fed from some of To teach a young person to love music is to his spare warehouse space). His first two give that person a lasting virtue. To teach a Laboratory, supporting the University as a stores were in Muskegon and Traverse City, person to play music is to give that child the member of the UC Santa Cruz Foundation. In his retirement, the nurturing aspect of his Mich., and from there, he added on another ability to make something beautiful and the 80 stores stretching east to Rhode Island. His nature turned to family, friends and confidence to carry through life even when the business formula was simple: very low prices, vinticulture, and those too were very good instrument is put away. overseen by store managers who got a cut of years. He is survived by his loving wife and the profits. It all worked well enough to get Although I can convey gratitude to match that which sounded forth last Sunday during a helpmate, Jane, and four children, Sally Mac- him to $12 million in sales in 1968 and $1 mil- Kenzie, Dean McHenry Jr., Nancy Fletcher, lion in profits, earned from 64 drugstores and musical commemoration for Steve McNeal, I a small but still profitable rack-jobbing busi- would like to impart to Congress a note of my and Henry McHenry, as well as nine grand- ness. appreciation for this special Colorado teacher. children and seven great grandchildren. And at that point, Konar took Clinton Mr. Speaker, the far-sighted concepts of His devotion to music and his students has Merchandising public, in a sale that reduced Dean McHenry have set the course for public brought nearly four decades of song. his ownership of the company from 100% to education in California, with the University sys- 67% and also brought about $2 million into f tem as its crown jewel. His spirit imbues the the company. On paper, the deal made Konar campuses of the University of California with worth about $9 million, not bad considering HONORING DEAN E. MCHENRY where he’d come from. But he was no happier fairness and lofty standards. The University's with public ownership than was Nathan HON. SAM FARR students carry with them, throughout life, a bit Shapell, and he soon started listening to ac- of Dean McHenry's enthusiasm and passion OF CALIFORNIA quisition propositions. The eventual buyer for learning. IN THE HOUSE OF REPRESENTATIVES was Melville Corp., which in 1972 acquired f Clinton (by then up to 84 stores) for about Thursday, April 23, 1998 $21.5 million. On paper this deal raised WORKERS MEMORIAL DAY: Konar’s net worth to more than $14 million. Mr. FARR OF California. Mr. Speaker, today LEADERSHIP AWARD Melville combined Clinton’s retail oper- I rise to honor Dean E. McHenry, a visionary ations with its own chain of discount drug- who achieved his dreams for public higher stores. CVS, and used many of Konar’s mer- education in California and, in so doing, em- HON. BOB FILNER OF CALIFORNIA chandising ideas to build the highly success- powered a legion of students to achieve their ful chain that exists today. Konar himself IN THE HOUSE OF REPRESENTATIVES dreams. stayed around, working part-time, for nine Thursday, April 23, 1998 years. And then, at age 52, he ‘‘retired.’’ Dean McHenry's leadership in California in- His hair has a retirement look, having long stitutions of high education can be traced from Mr. FILNER. Mr. Speaker, I rise today to ago turned white. But a life of complete lei- his position as student body president at Uni- recognize Phil Saal, Secretary-Treasurer of E646 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 Teamsters Local 542, as he is honored by the CREDIT UNION MEMBERSHIP Distinguished Teacher Nancy Jacobs of San Diego-Imperial Counties Labor Council, ACCESS ACT Eyestone Elementary School, 19 years of AFL±CIO for his leadership in the successful dedication to our schools. United Parcel Service (UPS) strike of 1997. SPEECH OF Distinguished Teacher Lana Jensen of Phil and the Teamsters gathered over- HON. JAMES T. WALSH Lopez Elementary School, 12 years of dedica- whelming public support for working families OF NEW YORK tion to our schools. Distinguished Teacher Ronald Jensen of and the plight of the growing part-time work- IN THE HOUSE OF REPRESENTATIVES force during the UPS strikeÐand his leader- Fort Collins High School, 14 years of dedica- ship in bringing the UPS contract to a suc- Wednesday, April 1, 1998 tion to our schools. cessful settlement is being acknowledged by Mr. WALSH. Mr. Speaker, I rise today in Distinguished Teacher Larry Lashley of this Leadership Award. strong support of H.R. 1151, the Credit Union Poudre High School, 27 years of dedication to Under Phil's direction, dozens of strike Membership Access Act. I am proud to have our schools. counselors were trained to provide food and fi- been an original cosponsor of this important Distinguished Teacher Sandy Martinez of nancial assistance to Teamsters during their legislation. Lincoln Junior High School, 16 years of dedi- contract dispute. Five hundred checks, totaling My vote is a continuation of longstanding cation to our schools. $30,0000, were written to assist workers with personal backing for credit unions in general. Distinguished Teacher Tim Pearson of their bills, and thousands of pounds of food I believe they provide an invaluable service to Riffenburgh Elementary School, 16 years of were distributed. working men and womenÐa service which is dedication to our schools. Phil is also a member of the Labor Council's both convenient and comfortable. Mr. Speaker, as you know, excellence in Board of Directors and is a supporter of the Credit unions are familiar places which in education has been the focus of my efforts Unity Coalition of Organized Labor in San many cases don't offer a full range of banking since my days in the Colorado State Senate. Diego. services but nevertheless do provide basic fi- As the son of two school teachers and the fa- My congratulations go to Phil Saal for these nancial assistanceÐwhether it be pocket ther of three children who attend public significant contributions. I can attest to Phil's money or a small unsecured loan. schools (and one on her way), no issue is dedication and commitment and believe him to After the U.S. Court of Appeals for the Dis- closer to my heart and home. Exceptional be highly deserving of the San Diego-Imperial trict of Columbia overturned a credit union de- public school teachers deserve our admiration, Counties Labor Council, AFL±CIO Leadership cision in July of 1996, many of us in Congress not only for their hard work but for the sheer Award. realized the need for legislation to protect weight of their accomplishmentsÐthe cultiva- credit union members. Today's vote is the cul- tion of an educated citizenry. These inspira- f mination of our efforts. tional individuals give me a glimpse into what the future can hold if we let it. If we continue HONORING BLISSFIELD YOUTH By passing this legislation, we allow Ameri- cans to choose the institution in which they to improve our system by recognizing and put their money. By promoting continued oper- building on the achievements of great edu- HON. NICK SMITH ation of credit unions in a sound and reason- cators like these men and women, the sky is OF MICHIGAN able manner, we spur competition and encour- the limit for American education. IN THE HOUSE OF REPRESENTATIVES age savings. By supporting credit unions in f Thursday, April 23, 1998 this manner, we demonstrate our faith in the wisdom of working people. HONORING FRED HIRT Mr. SMITH of Michigan. Mr. Speaker, I rise On behalf of my constituents in central New to pay special tribute to four of my constitu- York who will benefit from this consumer pro- HON. ILEANA ROS-LEHTINEN ents who have demonstrated the true meaning tection law, I want to thank the House for to- OF FLORIDA of community service. So many people talk day's passage. IN THE HOUSE OF REPRESENTATIVES about the need to get involved and pitch in f when they see a problem, but my district is Thursday, April 23, 1998 blessed to have four young people who put DISTINGUISHED TEACHER AWARD Ms. ROS-LEHTINEN. Mr. Speaker, next those words into action. RECIPIENTS FROM COLORADO’S week, the Mount Sinai Medical Center, one of This week, the Make A Difference Day com- FOURTH CONGRESSIONAL DIS- the leading medical centers in the United mittee, organized by USA Weekend, named TRICT States, must wave good bye to Fred Hirt, its the group of Christi Stoker, Natalie CEO and the individual responsible for many Eisenmann, Amanda Nicolai, and Stephanie HON. BOB SCHAFFER of the Center's most notable achievements. Powell among ten recipients of a national OF COLORADO With much appreciation and admiration, the award from the Make A Difference Day Foun- IN THE HOUSE OF REPRESENTATIVES residents of the 18th Congressional district dation. wish Fred much success as he progresses These girls offered some helping hands to a Thursday, April 23, 1998 into the next phase of his professional life. homeless shelter in Toledo, not too far from Mr. BOB SCHAFFER of Colorado. Mr. As CEO of Mount Sinai Medical Center, their hometown of Blissfield, Michigan. The Speaker, I rise today in recognition of the Dis- South Florida's only private, not-for-profit inde- girls, who are 13, organized a coalition of tinguished Teacher Award recipients from pendent teaching hospital, Fred, who has community members to donate books, games, Colorado's Fourth Congressional District. been twice named ``Best Hospital Adminis- wallpaper, and other materials to make this These educators have committed their lives to trator'' by Medical Business, has achieved shelter more of a home for the kids and their teaching young minds in the Poudre School many notable accomplishments of great bene- parents who sought refuge there. They ended District. As individuals devoted to excellence, fit to South Florida. The many achievements up collecting more than $800 in contributions possessing talent, patience, fortitude, a per- during his tenure include the construction of a for the shelter. sonal love of learning, and the kind of tough state-of-the-art Comprehensive Cancer Cen- And, these special young people didn't stop love necessary to teach children, these indi- ter, the development of one of Dade County's there. They helped a young girl at the shelter viduals are the pride of our community and a most active cardiac programs, the establish- and her mother find a place to live. The girls credit to their profession. To the men and ment of the Wien Center for Alzheimer's Dis- still stay in touch with the family to whom they women of this Chamber and to the people of ease and Memory Disorders, and the acquisi- gave this precious gift. Colorado, I echo the words of Distinguished tion of the St. Francis-Barry Nursing and Re- Mr. Speaker, we are a nation that turns fa- Awards Founder, Harry McCabe, ``You have habilitation Center. Moreover, he has also su- mous people into hereoesÐTV and movie these very special people who have dedicated pervised the contribution of an estimated $10 stars and our national journalists. But to me, themselves to the young people in our soci- million each year for the care of South Flor- America's true heroes are those who devote ety.'' Let us today honor them by name. ida's indigent population. time and energy in their communities to give, Distinguished Teacher William `Skip' A specific example of Fred's vision has offer assistance and compassion to those who Caddoo of Lesher Junior High School, eight been his ability, over a decade ago, to identify need it. years of dedication to our schools. those forces that would be of great value to Few people have performed that task better Distinguished Teacher Jayne Hennen of today's health care industry: outpatient sat- than Christi Stoker, Natalie Eisenmann, Aman- Poudre High School, 22 years of dedication to ellite facilities. For over a decade, Mount da Nicolai, and Stephanie Powell. our schools. Sinai, with Fred at the helm, set up its first April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E647 outpatient satellite facility and has gone on to Ginning Company. They support local schools PUNJAB POLICE FOUND GUILTY develop seven more of these centers through- and help students with their projects and ac- OF HARASSING REPORTER out South Florida. tivities. Bob's son, Mark, is currently in charge Fred has also taken his duties beyond of Anderson Farms fresh fruit and vegetable HON. GERALD B.H. SOLOMON Mount Sinai and has dedicated his leadership sales and is Vice Chairman of the California OF NEW YORK and vision to over 50 local and national orga- Cantaloupe Advisory Board. His daughter, IN THE HOUSE OF REPRESENTATIVES nizations. His participation in many state and Robyn Black, is Deputy Director of the Califor- Thursday, April 23, 1998 federal legislative issues has been critical to nia Department of Industrial Relations. Robyn the passage of significant legislation. has served as an advisory board member of Mr. SOLOMON. Mr. Speaker, on April 22, We thank Fred for his endless dedication to California Agriculture in the Classroom and is Burning Punjab reported that two Punjab po- Miami's health care industry and for making a member of the California Farm Water Coali- licemen were found guilty of harassing a Mount Sinai Medical Center, a national, not- tion Board of Directors. Hindu journalist, Sanjiv Sharma, and three for-profit, independent teaching hospital a other members of his family. Police Sub-In- force to be reckoned with nationally. His ef- The Andersons are a four generation farm- spector Girdhara Singh and police officer forts will leave a mark on South Florida for ing family. Their love of farming keeps them Balhit Singh tortured Sanjiv Sharma, his father many years to come and although he will be searching for new and innovative methods of Chander Muni Lal, his friend Ranjiv Thakur (a greatly missed, we wish him the best of luck keeping up with the constantly changing times. Chandigarh car dealer), and lawyer Ajit Singh. in all of his future endeavors, where he will as- Mr. Speaker, it is with great honor that I The police in ``the world's largest democracy'' suredly excel. congratulate Dick and Bob Anderson for re- are harassing journalists, lawyers, private f ceiving the Fresno County Farm Bureau's Dis- businessmen, and old men! This does not give tinguished Service Award. It is their excep- me a great deal of confidence in the Punjab CONGRATULATIONS TO DICK AND police. BOB ANDERSON OF ANDERSON tional dedication and contribution to farming that warrant this recognition. I ask my col- On September 21, 1996, Mr. Sharma had FARMS appeared at a hearing in Patiala. On their way leagues to join me in wishing Dick and Bob home, they were intercepted at Bahadurgarh, Anderson many more years of success. HON. GEORGE P. RADANOVICH according to Burning Punjab, by a police offi- OF CALIFORNIA f cer who brought them back to Patiala, where IN THE HOUSE OF REPRESENTATIVES they were beaten. The four men filed a com- Thursday, April 23, 1998 WORKERS MEMORIAL DAY: LABOR plaint with the high court, which ordered the TO NEIGHBOR AWARD district magistrate to investigate the matter. Mr. RADANOVICH. Mr. Speaker, I rise The investigation report called for criminal ac- today to congratulate Dick and Bob Anderson tion against these two police officers. of Anderson Farms for receiving the Fresno Unfortunately, this conduct is typical of the County Farm Bureau's Distinguished Service HON. BOB FILNER Punjab police. Here is a police force which Award. The Andersons have been providing OF CALIFORNIA kidnapped human-rights activist Jaswant dedicated service to the agricultural commu- IN THE HOUSE OF REPRESENTATIVES Singh Khalra, which just last month raped 17- nity since the 1940's and are very deserving year-old Hardip Kaur, and which has mur- of this honor. Thursday, April 23, 1998 dered thousands of Sikhs and collected cash Dick and Lesta Anderson began farming in bounties for doing so. These are not the ac- Tulare in 1940. Over the years, both of their Mr. FILNER. Mr. Speaker, I rise today to tions of a law-enforcement agency in a demo- sons, Bob and Craig, and grandchildren have recognize the Sheet Metal Workers Union cratic state. They are the actions of a tyran- joined in the family farming enterprises. Local 206 and the Ironworkers Union Local nical occupying force. We must take strong In 1974, the Andersons purchased land and 229, as they are honored by the San Diego- action to stop this routine oppression. equipment in the Huron area from the Giffen Imperial Counties Labor Council, AFL±CIO for The United States must speak out for basic Ranch. They started Vasto Valle Farms, Inc. their strong support of the Labor to Neighbor human rights in Punjab, Khalistan. We should where Bob Anderson served as the ranch program. The Labor to Neighbor program edu- impose strong sanctions on this corrupt re- manager. During the first year, with only one cates and involves union members and their gime and speak out in support of a free and tractor operating, they managed to harvest to- families in the campaign to protect jobs and fair plebiscite on the political status of Punjab, matoes and a variety of row crops. During the the future of working people in San Diego and Khalistan. These measures will help to end 1970's, they primarily farmed tomatoes, on- Imperial Counties. the kind of tyrannical abuses that were in- ions, melons, and lettuce. flicted on Sanjiv Sharma. The Sheet Metal Workers Local 206 is In the 1980's, the water situation and com- f modity prices affected their cropping patterns. being recognized for its leadership role in the The Andersons added many vegetable crops Farm Team Project that recruits and develops CUBAN-AMERICAN ARTIST XAVIER which were new to the Westside. These crops future candidates for all levels of elected office CORTADA included peppers, mixed melons, corn, celery, throughout our area. They also provided major garlic, broccoli, leaf lettuce, cauliflower, beans, financial assistance for the Voter List Project HON. ILEANA ROS-LEHTINEN and cabbage. With their increased interest in and for the fight against Proposition 226, the OF FLORIDA thinly-veiled attack on organized labor's right vegetable production, the Andersons recog- IN THE HOUSE OF REPRESENTATIVES nized the opportunity of building and operating to participate in our democratic process. Thursday, April 23, 1998 their own cold storage facility and began to The Ironworkers Local 229 is being recog- ship vegetables under their own labels of nized for their ongoing commitment to Labor Ms. ROS-LEHTINEN. Mr. Speaker, I would Vasto Valle Farms, Weston, and Dancin to Neighbor, having been also recognized last like to pay tribute to Xavier Cortada for his Andson. year with this same honor. Local 229 orga- newly unveiled exhibition entitled, ``Cubaba''. In 1977, the Andersons formed a partner- nized an annual Labor to Neighbor fund-rais- Having exhibited on four different continents, ship and built a state of the art greenhouse ing golf tournament to support efforts to edu- this month marks the inception of Xavier's first nursery in Huron. The Plantel Central Valley cate union members on important issues and solo show in his hometown of Miami, Florida. Growing up Cuban-American in Miami was Nursery now has 127,000 square feet of elections throughout San Diego and Imperial greenhouse space, with plenty of room for ex- the foundation that inspired Xavier to paint the Counties. pansion. enlightening cultural celebration that is Anderson Farms has grown significantly For these activities, the San Diego-Imperial Cubaba. With combined elements of Hispanic over the years. The Andersons now plant Counties Labor Council, AFL±CIO recognizes culture and of Anglo-American college life, Xa- vegetables during every month of the year. In the Sheet Metal Workers Union Local 206 and vier gave life to the feelings of ``identity and 1998, the Andersons expected to grow about the Ironworkers Local 229 with their ``Labor to belonging, about then and now, about being 6,400 acres of vegetables. Neighbor Award.'' I am pleased to join in hon- Cuban, being American, being both and being Dick and Bob Anderson have always been oring their contributions to the working families neither.'' The renegotiation of identity that mir- supportive of their community. They have both of both San Diego County and Imperial Coun- rors members of the Cuban generation who served on the Board of Directors of the Huron ty. find themselves ``on the hyphen''. E648 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 The Miami-based artist is also an attorney tics, and it certainly won't make the national line headed for the gas chambers.'' Through and a community leader who is able to ex- news. But it is a major achievement nonethe- luck and the sheer will to survive, these were press his concerns for social and political less in the lives of two people, their family and some of the very fortunate who lived to tell the issues while exploring topics such as commu- the people whom they have touched. And it il- story of that horror. nity development, racism, violence, poverty, lustrates very clearly that ``family values'' can The second part of their stories is also simi- political freedom, AIDS, and Cuba. work and that when they do, it is a real treas- larÐa variant of the American dream. These Prestigious accomplishments achieved by ure. courageous men came to the United States Xavier include having been commissioned to On August 7, 1998, the family and friends of with ``little English and less money.'' Despite create public art for organizations such as Cora and Walter Tharp will celebrate 50 years their lack of friends and mentors, they found Nike, HBO, MADD and Indiana's Governor's of a couple who understand and live ``family the drive to succeed. As Loomis notes, ``many office. He has been commissioned to create values''. millions who were unencumbered by the community murals by museums such as the It is definitely an event worth celebrating. heavy, exhausting baggage of the Holocaust Lowe Art Museum, the Wolfsonian and the f had the same opportunities and never reached Miami Youth Museum. out to seize them as these men did.'' Their In Cubaba, this talented painter and social TRIBUTE TO SIGI ZIERING success in view of the immense obstacles that voice has reaffirmed the existence of impeded their path makes their stories all the biculturalism through his celebration of oil col- HON. TOM LANTOS more remarkable. ors on canvas and expression of Cuban nos- OF CALIFORNIA One other element that is also common to talgia and American reality. IN THE HOUSE OF REPRESENTATIVES these five outstanding business leadersÐthey are ``Founders'' of the U.S. Holocaust Memo- f Thursday, April 23, 1998 rial Museum here in Washington, D.C. They TRIBUTE TO JAMES McSHANE Mr. LANTOS. Mr. Speaker, today represent- have shown a strong commitment to remem- atives of the Congress, the Administration, bering the brutal horrors of the Holocaust, HON. ANNA G. ESHOO and the Supreme Court gathered in the Great paying honor to its victims, and working to OF CALIFORNIA Rotunda of this historic building for the Na- prevent the repetition of this vicious inhuman- IN THE HOUSE OF REPRESENTATIVES tional Civic Commemoration to remember the ity. Thursday, April 23, 1998 victims of the Holocaust. This annual national Mr. Speaker, Sigi Ziering is one of the five memorial service pays tribute to the six million Holocaust survivors and leading American en- Ms. ESHOO. Mr. Speaker, I rise today to Jews who died through senseless and system- trepreneurs highlighted in this article. Sigi is honor James McShane on the occasion of his atic Nazi terror and brutality. At this somber the Chairman of Diagnostic Products Corpora- 90th birthday. commemoration, we also honored those he- tion in Los Angeles. As we here in the Con- Mr. McShane was born in County Donegal roic American and other Allied forces who lib- gress mark the annual Days of Remembrance in Ireland on April 26, 1908. Named for his erated the Nazi concentration camps over half in honor of the victims of Nazi terror, I am in- grandfather and one of ten children, he immi- a century ago. serting the profile of Sigi Ziering from Fortune grated to the United States in 1929 and proud- Mr. Speaker, this past week Fortune Maga- Magazine to be placed in the RECORD. ly became an American citizen. Mr. McShane zine (April 13, 1998) devoted several pages to patriotically defended his adopted homeland SIGI ZIERING, LOS ANGELES, CHAIRMAN, an article entitled ``Everything in History was DIAGNOSTIC PRODUCTS CORP. during World War II, enlisting in the U.S. Army Against Them,'' which profiles five survivors of in 1941 and serving as a Master Sergeant Holocaust survivors, the saying goes, are Nazi savagery who came to the United States conditioned not to cry. But on May 8, 1997, until October 1, 1945. During the conflict, he penniless and built fortunes here in their when the founders of the Holocaust Memo- found time to marry Marie Stirn, with whom he adopted homeland. It is significant, Mr. Speak- rial Museum met for a reunion—and when had three children: Dennis James, Margaret er, that four of these five are residents of my the flags of 32 U.S. Army divisions that had Mary, and Kathleen Bridget. Dennis James home state of California. Mr. Sigi Ziering of liberated the concentration camps were pa- raded into the rotunda of the U.S. Capitol— has gone on to become an outstanding doctor Los Angeles was one of the five that Fortune for the people of California's 14th Congres- Sigi Ziering, today a serious, reflective man Magazine selected to highlight in this extraor- of 70, wept. He spoke of this moment in a sional District and a long-term partner for dinary article, and I want to pay tribute to him Richard Gordon, who serves on the San speech: ‘‘Today I cried because the worst today. memory of the ghetto and the camps was the Mateo County Board of Supervisors. Sigi Ziering, like the other four singled out feeling of total isolation and total abandon- Mr. Speaker, I ask my colleagues to join me by Fortune Magazine, has a unique story, but ment by the rest of the world. This feeling of in congratulating James McShane on his 90th there are common threads to these five tales utter despair and hopelessness weighed more birthday and in honoring his service to our na- of personal success. The story of the penni- heavily on us than the constant hunger, the tion and the legacy he has provided us beatings, and the imminent death facing us less immigrant who succeeds in America is a every minute.’’ His tears, he said, were for through his loving family. familiar theme in our nation's lore, but these f the millions who never got to see the flags. stories involve a degree of courage and deter- His own ordeal began in Kassel, Germany, CELEBRATING THE 50TH WEDDING mination unmatched in the most inspiring of where his father, a Polish citizen, was a ANNIVERSARY FOR CORA AND Horatio Alger's stories. clothing merchant. In 1939 the father fled to WALTER THARP These men were, in the words of author England, expecting his wife and two chil- Carol J. Loomis, ``Holocaust survivors in the dren—Sigi (then officially Siegfried), 11, and most rigorous sense,'' they ``actually experi- Herman, 12—to follow as soon as they, too, HON. JIM BUNNING could get visas. Instead, they became enced the most awful horrors of the Holo- OF KENTUCKY trapped in Germany. caust, enduring a Nazi death camp or a con- IN THE HOUSE OF REPRESENTATIVES The three scraped by until late 1941, when centration camp or one of the ghettos that the Germans summarily transported 1,000 Thursday, April 23, 1998 were essentially holding pens for those Jews, the Zierings included, to Rigi, Latvia. Mr. BUNNING. Mr. Speaker, all of us like to camps.'' Some of the adult men in the group were talk about ``family values.'' But all too often They picked themselves up ``from the very sent directly to a nearby death camp, and cruelest of circumstances, they traveled to the rest of the Jews were installed in a ghet- we, and particularly the media, focus our at- to bloodstained from murders just carried tention on ``family failures''Ðneglected chil- America and prospered as businessmen. They out. Of the entire 1,000, Sigi Ziering believes dren, broken homes, spouse abuse. We did it, to borrow a phrase from Elie Wiesel, that only 16 survived the war, among them, should not forget that we need also to head- when everything in history was against them.'' besides himself, his mother and brother. line the success stories of ``family values''. They were teenagers or younger when World In Riga the boys actually went to school There are lots of them and they should not be War II began. They lost six years of their for a while. But their mother, wanting the ignored. youth and six years of education. ``They were Germans to think them useful, required One of these success stories is about to be deprived of liberty and shorn of dignity. All lost them to drop out and work. Once Sigi had a plum job in a ‘‘fish hall,’’ from which he was celebrated in my congressional districtÐthe relatives, and most lost one or both parents. able to smuggle food back to the ghetto. As 50th wedding anniversary of Cora and Walter Each . . . was forced to live constantly with he sneaked in with the food, he would some- Tharp of Fort Thomas, Kentucky. the threat of death and the knowledge that times pass dead Jews who had been caught The Tharps' 50th anniversary may be an next time he might be `thumbed' not into a line doing the same and been hanged in the overlooked event in terms of international poli- of prisoners allowed to live, but into another streets as an example. April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E649 Toward war’s end, with the Russians clos- ist working out of his Los Angeles kitchen, WORKERS MEMORIAL DAY: ing in on Riga, the Germans began to move Robert Ban, who’d developed COMMUNITY SERVICE AWARD their Jewish captives around. Ziering be- radioimmunoassay (RIA) diagnostic kits lieves that the SS in fact connived to keep that permitted the measurement of infini- small groups of Jews alive, so that the need tesimally low concentrations of substances— HON. BOB FILNER to guard them would keep the Germans from drugs and hormones, for example—in bodily OF CALIFORNIA being sent to the front. fluids. Ban, a man with big ideas and a cor- IN THE HOUSE OF REPRESENTATIVES The Zierings were moved to a German pris- on, Fuhlsbu¨ ttel, on the outskirts of Ham- porate name to match them, Diagnostic Thursday, April 23, 1998 Products Corp., had been advertising in a burg. Prison living conditions were a distinct Mr. FILNER. Mr. Speaker, I rise today to step up. But every week the Germans would professional journal that he had upwards of 30 different RIA kits available. Some of recognize the National Association of Letter load eight or ten Jews into a truck and Carriers Branch 70 and the San Diego Con- transport them to Bergen-Belsen for elimi- these, says Ziering, ‘‘do not exist to this nation. ‘‘With German precision,’’ says day,’’ but that was not known to the jour- struction & Building Trades Council, as they Ziering, the guards went at their job alpha- nal’s readers, and sacks of orders—though are honored by the San Diego-Imperial Coun- betically—and never got to ‘‘Z.’’ only morsels of money—landed in Ban’s ties Labor Council, AFL±CIO for their contribu- British troops then closed off Bergen-Bel- kitchen. tions to the labor movement and to the com- sen, and the Germans marched their remain- Ziering, warmed to the gamble by his long- munity as a whole. ing Jews to a Kiel concentration camp, standing interest in medicine, put $50,000 The Labor Council's ``Community Service whose commandant’s first words upon seeing into the business and moved the chemist Award'' again goes to the National Association them were: ‘‘I can’t believe that Jews still into a small factory that mainly produced of Letter Carriers Branch 70 for its sixth con- exist.’’ The camps grisly conditions killed 40 one kit of particular commercial value. The to 50 inmates daily. Another 35 males were secutive and most successful food drive in business took off. But the partners were not murdered when they could not run a kilo- San Diego County. With the cooperation of the getting along. So Ziering bought the chemist meter while carrying a heavy piece of wood. Postal Service, they collected 155,000 pounds Sigi and his brother passed that test. out for $25,000 and settled back to working of food for needy working families. Then, as the Zierings heard the story, with a more compatible partner, his wife, Also being honored is the San Diego Con- who has throughout the years been a DPC Count Folke Bernadotte of Sweden offered to struction & Building Trades Council, which marketing executive. pay Heinrich Himmler $5 million for 1,000 helped to bring into being a neighborhood Jews. (Whether the Count indeed made this Today their company, competing with such offer or paid the money is not clear.) A Ger- computer labÐthe International Learning Cen- giants as Abbott Laboratories, has more terÐat the National City Park Apartments. The man officer told the Ziering boys, who be- than 1,400 employees and is a leading manu- lieved it not at all, that they were to be in- Construction and Building Trades Council took facturer of both diagnostic kits and the ana- cluded but were unpresentable in the striped a leadership role in promoting this project and lytical instruments needed to read their clothing they wore. Sigi and his brother were enlisted the help of local unions who gathered findings. The company had 1997 sales of $186 taken to a mortuary, where they were di- donations. rected to strip the clothes from the corpses million and profits of $18 million. DPC went public in 1982, though Ziering wishes it The computer center has a bank of personal that lay there and make them their own. computers that is available without cost to the And on May 1, 1945, Red Cross workers ar- hadn’t—the company has never really needed rived to take the 1,000 to Sweden. The route the money it raised, and he doesn’t like the adults and 800 children who live in this apart- lay through Copenhagen, and at its railroad volatility of the market or the second-guess- ment complex. Many individuals who could not station, the Jews heard excited shouts: ‘‘Hit- ing of analysts—and he, his wife, their two otherwise gain the computer skills they need ler is dead.’’ sons (both in the business), and two daugh- to improve their education and job prospects As if he’d suddenly awakened from a night- ters own about 24% of its stock, currently will now be able to do do. mare of unimaginable horror, Sigi then en- worth about $95 million. The National Association of Letter Carriers tered into a world of near-normalcy for a 17- Branch 70 and the San Diego Construction & year-old. His family managed to reunite in Through most of its years, DPC has done London, where the father—‘‘a fantastic busi- well internationally, a fact that has required Building Trade Council are truly deserving of nessman,’’ says Sigi—was doing well as a di- Ziering and his wife to travel often to Ger- the award which they are receiving. I join in amond merchant. Sigi, a bare five years of many. Yes, it bothers him to go back, but he adding my sincere thanks to their members, elementary education behind him, entered a thinks that his encounters with young Ger- and I am pleased to highlight their service with tutorial school and then the University of mans disturb them more than him. When these comments in the House of Representa- London. He wished to be a doctor but found they get a hint of how he spent the war, he tives. that almost all medical school spots were re- says, ‘‘you can feel the static electricity in f served for war veterans—the kind who’d the air.’’ worn military insignia, not tattooted num- In his business, says Marilyn Ziering, her WILLARD’S MOUNTAIN NSDAR bers. husband is patient and visionary, but also a CELEBRATES 100 YEARS OF PA- Hunting opportunity, the Ziering family TRIOTISM made it to the U.S. in 1949, settling in Brook- risk taker when he needs to be. He himself lyn. Working part-time, Sigi earned a phys- says he’s a workaholic and muses as to why. ics degree at Brooklyn College and then two He wonders whether the ‘‘training’’ of the HON. GERALD B.H. SOLOMON advanced degrees at Syracuse University. In Holocaust—‘‘unless you work, you are des- OF NEW YORK those college years, he met the woman he tined for the gas chamber’’—may not have IN THE HOUSE OF REPRESENTATIVES soon married, Marilyn Brisman. When they permanently bent him and many other sur- first met, she says, he was ‘‘quiet, sweet, in- vivors to work. Thursday, April 23, 1998 trospective,’’ and, with his blond hair, blue The license plate on Ziering’s Jaguar reads Mr. SOLOMON. Mr. Speaker, this May, the eyes, and accent, so resembled the archetype of a young German that she briefly thought ‘‘K9HORA.’’ That’s a rough phonetic ren- Willard's Mountain Chapter of the National So- him one. dition of kayn aynhoreh, a Yiddish expres- ciety of the Daughters of the American Revo- Exiting academe in 1957, Ziering did nu- sion meaning ‘‘ward off the evil eye.’’ It is lution in my congressional district in upstate clear-reactor work with Raytheon in Boston customarily tacked to the end of a thought, New York will celebrate its 100th Anniversary. and then space projects at Allied Research. as a superstitious precaution. For the past century, this organization has The entrepreneurial urge hit, and with a For these five survivors, who picked them- furthered the important American values of friend he started a company called Space selves up from the worst and darkest of be- community pride and patriotism through their Sciences to carry out cost-plus government ginnings and triumphed in the best tradition many civic activities and sponsorships. contracts. It was the heyday of avaricious conglom- of the American dream, we might say, for ex- I believe that promoting pride in our nation erates, and in 1968 Whittaker Corp. bought ample: ‘‘Since the Holocaust, the lives of and its rich history is one of the most impor- Space Sciences for about $1.8 million. That these men have been good—kayn aynhoreh.’’ tant endeavors we can undertake for our made Ziering, not yet 25 years removed from Or we might stitch those words to a larger country and our fellow citizens, both living and the terrifying alphabetical lock step of thought. Of the Holocaust, Jews and the deceased. It is especially crucial for our young Fuhlsbu¨ ttel prison, well-to-do. But the deal world say, ‘‘Never again.’’ In the histories of people to develop these principles at an early also made him a California-based research these five men, there is a ringing, opposite age. This is why I have fought so hard to pre- executive restless in Whittaker’s conglom- kind of message: ‘‘Ever again.’’ Evil weighed erate culture. serve the integrity of our flag through the pro- down their early lives. But it did not—and He left and tried one entrepreneurial ven- hibition of its desecration. Such treatment of ture, the making of fishmeal, that failed. cannot—crush the human spirit. the flag is a slap in the faces of all of the Then, in 1973, he heard by chance of a chem- Kayn aynhoreh. brave men and women who have dedicated E650 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 and in some cases sacrificed their lives so TRIBUTE TO JACK TRAMIEL success in view of the immense obstacles that that we may lead free and prosperous lives impeded their path makes their stories all the we now have in the United States. It also HON. TOM LANTOS more remarkable. sends a dangerous signal to America's youth OF CALIFORNIA One other element that is also common to that it is appropriate to disrespect and dis- IN THE HOUSE OF REPRESENTATIVES these five outstanding business leadersÐthey count devotion to one's community and coun- are ``Founders'' of the U.S. Holocaust Memo- Thursday, April 23, 1998 try. This is simply unacceptable. rial Museum here in Washington, D.C. They Mr. Speaker, the Daughters of the American Mr. LANTOS. Mr. Speaker, today represent- have shown a strong commitment to remem- Revolution have always fostered and pre- atives of the Congress, the Administration, bering the brutal horrors of the Holocaust, served the very ideals of basic human free- and the Supreme Court gathered in the Great paying honor to its victims, and working to dom and loyalty to family, community, and na- Rotunda of this historic building for the Na- prevent the repetition of this vicious inhuman- tion which our flag symbolizes. I ask all mem- tional Civic Commemoration to remember the ity. bers to join me in thanking and commending victims of the Holocaust. This annual national Mr. Speaker, Jack Tramiel is one of the five the Willard's Mountain Chapter of the NSDAR memorial service pay tribute to the six million Holocaust survivors and leading American en- on behalf of all Americans, especially those in Jews who died through senseless and system- trepreneurs highlighted in this article. Jack our local communities in upstate New York, for atic Nazi terror and brutality. At this somber began as a typewriter repairman and moved their impressive efforts over the years in en- commemoration, we also honored those he- on to establish his own firm, Commodore, suring that patriotism and pride in our nation roic American and other Allied forces who lib- which initially manufactured typewriters and will remain alive and well in America for many erated the Nazi concentration camps over half adding machines. In 1976 he moved into the years to come! a century ago. field of computers and took Commodore to Mr. Speaker, this past week Fortune Maga- $700 million in sales in 1983. As we here in f zine (April 13, 1998) devoted several pages to the Congress mark the annual Days of Re- an article entitled ``Everything in History was membrance in honor of the victims of Nazi ter- HONORING VARIAN ASSOCIATES, Against Them,'' which profiles five survivors of ror, I am inserting the profile of Jack Tramiel INC. Nazi savagery who came to the United States from Fortune Magazine be placed in the penniless and built fortunes here in their RECORD. HON. ANNA G. ESHOO adopted homeland. It is significant, Mr. Speak- JACK TRAMIEL—SILICON VALLEY FOUNDER, OF CALIFORNIA er, that four of these five are residents of my COMMODORE INTL. IN THE HOUSE OF REPRESENTATIVES home state of California. Mr. Jack Tramiel of Only 10 when the Nazis marched into his city of Lodz, Poland, in 1939, Jack Tramiel Thursday, April 23, 1998 the San Francisco Bay Area, was one of the five that Fortune Magazine selected to high- (then named Idek Tramielski) initially had a Ms. ESHOO. Mr. Speaker, I rise today to light in this extraordinary article, and I want to kid’s thrilled reaction to the sheer spectacle honor Varian Associates, Inc. upon their 50th of the scene: weapons glinting in the sun, pay tribute to him today. soldiers goose-stepping, planes overhead. ‘‘It anniversary of incorporation. Jack Tramiel, like the other four singled out was a fantastic thing,’’ he remembers. Varian Associates was formed by brothers by Fortune Magazine, has a unique story, but Reality crashed down after that. Lodz’s Russell and Sigurd Varian, along with a num- there are common threads to these five tales Jews—one-third of the city’s 600,000 people— ber of associates from Stanford University. of personal success. The story of the penni- were ordered out of their homes and into a The company first opened its doors July 1, less immigrant who succeeds in America is a crowded ghetto. For nearly five years Jack 1948, with just six employees and total capital familiar theme in our nation's lore, but these (an only child) and his parents lived there in of $22,000 to conduct general research in the one room, scavenged for food, and worked— stories involve a degree of courage and deter- his father at shoemaking, Jack in a pants field of physical science. Varian was one of mination unmatched in the most inspiring of factory. The faces that the Tramiels saw in the first companies to recognize the signifi- Horatio Alger's stories. the ghetto changed constantly: Jews left, cance and importance of a strong industry-uni- These men were, in the words of author new Jews came in, often from other coun- versity connection, and encouraged the forma- Carol J. Loomis, ``Holocaust survivors in the tries. Later Tramiel learned that the Jewish tion of Stanford Industrial Park, becoming its most rigorous sense,'' they ``actually experi- leader of the ghetto was parceling out its initial resident. Varian has grown from its mod- enced the most awful horrors of the Holo- residents to the Germans, believing that the est beginnings into one of Silicon Valley's community would be left in relative peace as caust, enduring a Nazi death camp or a con- long as he periodically delivered up a contin- greatest success stories, winning over 10,000 centration camp or one of the ghettos that gent of its residents for deportation—and no patents, receiving countless Industrial Re- were essentially holding pens for those doubt extermination. search 100 Awards, and continually producing camps.'' In August 1944 the Tramiels themselves one or more of our nation's 100 most promis- They picked themselves up ``from the very were herded into railroad cars, told they ing new products yearly. cruelest of circumstances, they traveled to were going to Germany to better themselves, Varian has evolved into a world leader in its America and prospered as businessmen. They and instead shipped to Auschwitz. Jack’s most vivid memory of the three-day trip is current line of businessÐhealth care systems, did it, to borrow a phrase from Elie Wiesel, that each person received a whole loaf of analytical instruments, and semiconductor when everything in history was against them.'' bread as a ration—a feast beyond his imagi- manufacturing equipment. The company em- They were teenagers or younger when World nation. At journey’s end, the men were sepa- ploys over 7,000 individuals at over 100 plants War II began. They lost six years of their rated from the women (at which point Jack and offices in nine countries, and generates youth and six years of education. ``they were lost track of his mother) and then them- sales well in excess of one billion dollars an- deprived of liberty and shorn of dignity. All lost selves split into two groups, one permitted nually. Since its inception, Varian has had a relatives, and most lost one or both parents. for the time being to live, the other sent to strong commitment to our community, exem- Auschwitz’s gas chambers. Jack and his fa- Each . . . was forced to live constantly with ther were thumbed into the group that sur- plified by its establishment of our nation's sec- the threat of death and the knowledge that vived. ond Minority Small Business Investment Com- next time he might be `thumbed' not into a line A few weeks later, Jack and his father pany and its leadership role with the Urban of prisoners allowed to live, but into another were ‘‘examined’’ by the notorious Dr. Josef Coalition on fair housing, among others. line headed for the gas chambers.'' Through Mengele and thumbed again into a survivors Varian was recognized by Industry Week Mag- luck and the sheer will to survive, these were line. ‘‘What do you mean—examine?’’ azine as one of the World's 100 Best Man- some of the very fortunate who lived to tell the Tramiel is asked. ‘‘He touched my testicles. He judged whether we were strong enough to aged Companies in 1997. story of that horror. work.’’ Having passed, Tramiel and his fa- Over the last 50 years, Varian has become The second part of their stories is also simi- ther were transported to a spot just outside one of our nation's most successful compa- larÐa variant of the American dream. These Hanover, Germany, and there set to building nies. Varian is a jewel in the crown of the 14th courageous men came to the United States a concentration camp into whose barracks Congressional District of California and Silicon with ``little English and less money.'' Despite they themselves moved. In weather that was Valley. their lack of friends and mentors, they found often bitter cold, they worked in thin, pa- Mr. Speaker, I ask my colleagues to join me the drive to succeed. As Loomis notes, ``many jama-like garments, and they grew increas- ingly emaciated on a deprivation diet: wa- in celebrating the 50th anniversary of Varian's millions who were unencumbered by the tery ‘‘soup’’ and bread in the morning, and a inception and in commending the company for heavy, exhausting baggage of the Holocaust potato, bread, and more ‘‘soup’’ at night. its extraordinary achievements and its con- had the same opportunities and never reached By December 1944 the Tramiels were as- tributions to our nation. out of seize them as these men did.'' Their signed to different work crews and seeing April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E651 each other only occasionally. At one of their chines from Italy, but found he could get the Which is what he did in those early years meetings the father told the son that many import exclusivity he wanted only by mov- for computers, leading Commodore to $700 young people in the camp were managing to ing to Canada. It was in Toronto, in 1955, million in sales in fiscal 1983 and $88 million smuggle food to their elders—and why hadn’t that he founded a company he called Com- in profits. At its peak price in those days, Jack done that for his father? Stung, Jack modore, an importer and eventually a manu- the stock that Tramiel had sold in 1962 at a studied for days how to deal with an electric facturer of both typewriters and adding ma- price of $2.50 a share was up to $1,200, and his fence that stood between him and an SS chines. Why Commodore? Because Tramiel 6.5% slice of the company was worth $120 kitchen and finally succeeded in burrowing wanted a name with a military ring and be- million. his thin frame under it to steal food—one po- cause higher ranks, such as General and Ad- But then, in early 1984, just as annual sales tato and some peels. But when he got the miral, were already taken. were climbing above $1 billion, Tramiel food to his father, malnutrition had gripped Commodore went public in 1962 at a Cana- clashed with a Commodore stockholder the older man and grossly swollen his body. dian bargain-basement price of $2.50 a mightier than he, Irving Gould—and when He could not eat. Soon after, he died in the share—a deal that raised funds Tramiel need- the smoke had cleared, Tramiel was out. The camp’s infirmary. Later, Jack learned that ed to pay off big loans he’d gotten from a Ca- nature of their quarrel was never publicly the death was directly caused by an injection nadian financier named C. Powell Morgan, disclosed. Today, however, Tramiel says he of gasoline into his father’s veins. head of Atlantic Acceptance. Deep trouble wanted to ‘‘grow’’ the comapny, and Gould erupted in the mid-1960s when Atlantic, to As the winter stretched into the spring of didn’t. 1945, Jack Tramiel himself grew increasingly which Commodore was almost joined at the Commodore was really Tramiel’s last hur- hip, went bankrupt, amid charges of fraudu- fatalistic. But then a strange end-of-the-war rah. True, he surfaced again quickly in the lent financial statements, dummy compa- tableau unfolded. First, the Germans van- computer industry, agreeing later in 1984 to nies, and propped stock prices. Tramiel was ished from the camp; second, the Red Cross take over—for a pittance—Warner Commu- never charged with illegalities, but an inves- moved in briefly, overfed the prisoners to the nications’ foundering Atari operation. But in tigative commission concluded that he was point that some died, and then left; third, a business changing convulsively as IBM probably not blameless. In any case, the Ca- the Germans returned and then vanished brought out its PC and the clones marched again. On their heels came two American nadian financial establishment ostracized him. Struggling to keep Commodore itself in, Atari was a loser and ultimately a ven- soldiers—‘‘20-foot-tall black men, the first ture into which Tramiel was unwilling to blacks I’d ever seen,’’ says Tramiel—who out of bankruptcy, he was forced in 1966 to give partial control of the company to Cana- sink big money. Eventually he folded Atari loomed in a barracks door, peered at the into a Silicon Valley disk-drive manufac- prisoners hiding beneath the straw of their dian investor Irving Gould. Commodore’s line then was still type- turer, KTS, in which he has a major interest bunks, said something in English that one writers and adding machines, but the elec- but plays no operational role. Jew gleaned as ‘‘More Americans will be tronics revolution was under way and setting Today Tramiel is basically retired and coming,’’ and left. Next a tank rolled up. In up shop in Silicon Valley. Tramiel himself managing his money. From four residences, it stood a Jewish chaplain in dress uniform, moved there in the late 1960s and soon, dis- he’s cut down to one, a palatial house atop a who declared in Yiddish: ‘‘You are free,’’ and playing a speed-to-market talent that has foothill in Monte Sereno, Calif. In its garage told the tank to move on. These were troops characterized his whole life, had Commodore are two Rolls-Royces, a type of luxury to of the advancing American Army, the month pumping out electronic calculators. In time, which Tramiel has long been addicted. was April 1945, and Tramiel was 16. one product, a hand-held calculator, grew so Naturally, charity fundraisers took Tramiel, today 69 and a fireplug in build, popular that it was self-destructive: The Tramiel up. When those for the Holocaust stayed in Europe for more than two years company that supplied Commodore with Memorial Museum appeared, he at first after his liberation, and many of his recol- semiconductor chips, Texas Instruments, de- thought of it as just one more philanthropic lections of those days concern food: how he cided to produce calculators itself—selling cause to be supported. But his wife, Helen, tricked his way into a sanitarium to a rich, them at prices that Commodore couldn’t 69, who spent her concentration camp days and shamefully fattening, diet; how he match. at Bergen-Belsen, is intensely aware that gorged happily while working in an Amer- With Commodore again reeling, Tramiel both she and her husband survived what mil- ican Army kitchen; how he did other odd vowed never again to be at the mercy of a lions of other Jews did not. ‘‘No,’’ she said jobs for ‘‘money or food.’’ But he also vital supplier. In 1976 he made a momentous adamantly, ‘‘for this one we have to go all learned during this time that his mother was acquisition: MOS Technology, a Pennsyl- out.’’ alive and back again in Lodz. He saw her vania chip manufacturer that also turned f there but then left, resolved by that time to out to be extravagantly nurturing about 200 marry a concentration-camp survivor he’d different R&D projects. Tramiel, a slash-and- INTRODUCTION OF POSTAL SERV- met, Helen Goldgrub, and go with her to the burn, early-day Al Dunlap in management ICE SAFETY AND HEALTH PRO- U.S. style, killed most of the projects imme- The two wed in Germany in July 1947. They diately. But he listened hard when an engi- MOTION ACT got to the U.S. separately, though—he first, neer named Chuck Peddle told him the com- in November of that year. His confidence, pany had a chip that was effectively a micro- HON. JAMES C. GREENWOOD strengthened by what he’d survived, bor- computer. And small computers, said Peddle, OF PENNSYLVANIA dered on hubris: ‘‘I figured I could handle ‘‘are going to be the future of the world.’’ just about anything,’’ he says. He started out Willing to take a limited gamble, Tramiel IN THE HOUSE OF REPRESENTATIVES living at a Jewish agency, HIAS, in New told Peddle that he and Tramiel’s second Thursday, April 23, 1998 York City; got a job as a handyman at a son, Leonard, then getting a Columbia Uni- Fifth Avenue lamp store; learned English versity astrophysics degree, had six months Mr. GREENWOOD. Mr. Speaker, today I from American movies; and at their end to come up with a computer Commodore am introducing legislation to treat the U.S. pigged out on chocolate instead of eating could display at an upcoming Comdex elec- Postal Service the same as any private em- regular dinners. tronics show. They made the deadline. ‘‘And ployer under the Occupational Safety and Then, in early 1948, he did the improbable, everyone loved the product,’’ says Tramiel, Health Act. joining the U.S. Army. By the time he left it relishingly rolling out its name, PET, for The fact that the Postal Service has not four years later, he’d been reunited with his Personal Electronic Transactor. Unfortu- been covered by the Occupational Safety and wife and fathered a son (the first of three). nately, this was potentially an expensive The Army had also pointed him to a career pet, carrying a lot of risk—and demanding, Health Act in the same way as private employ- by putting him in charge of repairing office says Tramiel, ‘‘a lot of money I still did not ersÐincluding private employers with whom equipment in the New York City area. have.’’ So he determined to gauge demand by the Postal Service directly competes for busi- When Tramiel checked back into civilian running newspaper ads that offered six-week nessÐis apparently due to the fact that both life, he entered a long period of close encoun- delivery on a computer priced at $599, a se- the Occupational Safety and Health Act and ters with machines that typed words and ma- ductive figure on which Tramiel thought he the Postal Reorganization Act were being con- nipulated numbers. He first worked, at $50 a could still make a profit. The ads appeared, sidered at the same time by Congress, in week, for a struggling typewriter-repair and a hugely encouraging $3 million in shop. Using his Army connections, Tramiel checks came back. 1970. In any event, the Postal Service, al- got the owner a contract to service several Commodore got to the market with its though it is now ``an independent establish- thousand machines. ‘‘The guy flipped,’’ says computer in 1977, in the same year that ment of the Executive Branch of the Govern- Tramiel, but did not give his enterprising Apple and Tandy put their micros on sale. In ment of the United States'' is considered a employee a raise. ‘‘I have no intention of the next few years, Tramiel drove those com- ``federal agency'' for purposes of the Occupa- working for people who have no brains,’’ said petitors and others wild by combatively tional Safety and Health Act. Tramiel to the owner, and quit. pushing prices down and down, to levels like As a ``federal agency,'' under Section 19 of Tramiel then bought a typewriter shop in $200. He also became famous for rough treat- the Bronx. He did repair work for Fordham ment of suppliers, customers, and execu- the Occupational Safety and Health Act, and University and, when he once got a chance to tives—and about it all was fiercely unrepent- Executive Order 12196, the Postal Service is buy scads of used typewriters, rebuilt and re- ant. ‘‘Business is war,’’ he said. ‘‘I don’t be- supposed to comply with OSHA standards, but sold them. He next prepared to import ma- lieve in compromising. I believe in winning.’’ it is not subject to OSHA enforcement as are E652 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 private employers. Instead, the Department of W. STANLEY GARNER HONORED of the community's need for affordable hous- Labor is authorized under Executive Order ing, transitional housing, group homes and 12196 to conduct inspections of agency work- HON. JAMES H. MALONEY homeless services. The Continuum of Care is places ``when the Secretary [of Labor] deter- OF CONNECTICUT comprised of over 125 individuals representing mines necessary if an agency does not have IN THE HOUSE OF REPRESENTATIVES various community organizations including Al- occupational safety and health committees; or ternatives to Violence, American Red Cross, Thursday, April 23, 1998 in response to reports of unsafe or unhealthful Catholic Charities-Northern, House of Neigh- working conditions, upon request of occupa- Mr. MALONEY of Connecticut. Mr. Speaker, borly Service, WIRS, A Woman's Place, Weld tional safety and health committees . . .; or, I want to bring to the attention of the House Food Bank, Greeley Interfaith, Right to Read, in the case of a report of an imminent danger, of Representatives and the American people Cities of Greeley, Loveland, and Fort Collins, when such a committee has not responded to the celebration of an individual in Connecti- Neighbor to Neighbor, Fort Collins Authority, an employee who has alleged to it that the cut's 5th Congressional District to be held this Larimer County Mental Health, Larimer County agency has not adequately responded to a re- Saturday, April 25th, and the many accom- Department of Human Services, Loveland port.'' In such cases, the Department of Labor plishments of Mr. W. Stanley Garner of New Housing Authority, Crossroads Safehouse, is required to follow up its inspection with a re- Fairfield, Connecticut. Family, friends and as- Crossroads Ministry, Colorado Division of port to the head of the agency. In addition, sociates of Mr. Garner will gather at the new Housing, Ft. Lupton Housing Authority, Gree- under the executive order, the Secretary of Fairfield Senior Center to honor him for his ley Housing Authority, Greeley Transitional Labor submits an annual report to the Presi- personal contributions to the Public Library House, United Way of Weld County, Greeley dent on each federal agency's workplace safe- and the community at large. Area Habitat for Humanity, CARE Housing, ty and health performance. However, neither Born in New Fairfield on January 9, 1923, and Funding Partners. the Department of Labor nor the state agen- Mr. Garner involved himself in community af- Continuum of Care was formed for the pur- cies which enforce OSHA requirements in 23 fairs as a young man, and was an avid user pose of inventorying existing local resources in states have the legal authority to require the of the New Fairfield Free Public Library when the community, and to identify gaps in housing Postal Service to comply with OSHA require- it was simply a corner room in the small town and service delivery for special populations. ments, or to issue citations or penalties hall building before World War II. In 1967, Mr. The assessments were achieved through the against the Postal Service for violations of Garner became Trustee of that library and participation of these representatives who de- OSHA requirements. served in that capacity for more than 20 years, veloped this analysis bringing their particular a longer continuous tenure than anyone else. community experiences to the table. As my colleagues may know, I have been During these twenty plus years, and since, The following facts were established con- working for some time on much needed re- Mr. Garner has been at the forefront of all the cerning the value of the Low-Income Housing forms of the workers compensation system for Library's construction projects and was pri- Tax Credit: federal employees, known as the Federal Em- marily responsible for the establishment of the H.R. 2900 would increase the Low-Income ployees Compensation Act, or FECA, which is town's Children's Library. He served on the Housing Tax Credits to $1.75 per capita and also the workers compensation program which Building Committee for the present Town Li- index the cap to inflation. covers Postal Service employees. The present brary, built in 1975, as well as on the Building The current cap is severely limiting the program is expensive, has not been updated Committees for the addition to the New Fair- state's capacity to help the thousands of lower for years, continues to be afflicted by cases of field Middle School, the Fire House and the wage families from renting decent, safe and fraud and abuse, and in many cases discour- town Police Station. affordable housing. ages employees' return to work. Measured by Mr. Garner's reputation as a builder in the In 1996, Colorado was allocated $4.5 million either total compensation costs or numer of area is outstanding, having been responsible in housing tax credits but the demand far ex- claims, Postal Service employees comprise for the construction of hundreds of homes in ceeded this allocation with requests totaling one of the largest components of FECA. the area, as well as several public facilities in- $15.3 million. During a hearing held on the FECA program cluding the Parish House of St. Edward's The Low-Income Tax Credit is a federal tax on March 24 by the Workforce Protections Church and its adjacent Sullivan Home. He credit to investors for ten years for up to 9% Subcommittee, a representative of the Amer- was also a long time member of the Board of of their cost of constructing or rehabilitating ican Postal Workers Union claimed that ``[in] Directors of the Union Savings Bank in New apartments dedicated to lower-wage working our experience, the federal government's Fairfield. families at restricted rents. workplace safety and health program remains Throughout his life, Mr. Garner has given a Since 1987, the housing tax credit has inadequate and deficient, and this is where the level of public service that few achieve. He helped develop over 7,692 units of affordable greatest savings could and should be continues to serve today as an example of the housing in 40 counties in Colorado. achieved in the costs associated with workers type of service and dedication that all of us During that same time period in Larimer and injured on the job in the line of duty.'' should follow. Despite his level of involvement, Weld Counties, funds totaling $4,525,677 were allocated, providing 1,183 new housing units. While I certainly do not share the view that however, Mr. Garner has never allowed his Facts were also presented in support of Pri- the only problem with the FECA program is outside activities to overshadow the impor- vate Activity Bonds: the lack of effort by the Postal Service or fed- tance of his family. This October 28th, Stan H.R. 979 increases the Private Activity Bond eral agencies generally to seriously address and Aileen Pulver Garner will celebrate their (PAB) cap from $50 to $75 per capita and workplace hazards in order to prevent work- 48th wedding anniversary with their two sons. index the cap to inflation. place injuries, it does seem to me reasonable Mr. Speaker, on behalf of Connecticut's 5th This legislation will stimulate job creation, and appropriate to provide assurance that in Congressional District, and this House, I want the production of affordable housing, industrial addressing FECA we are not ignoring the to congratulate Mr. Stanley Garner on this life- development, environmental cleanup and high- issue of workplace safety. Nor does it seem long achievements and thank him for his serv- er education in Colorado. unreasonable to me that the Postal Service, ice and dedication to New Fairfield, its institu- Currently the cap is the greater of $50 per which increasing competes directly with pri- tions and citizens. capita or $150 million per state per year. This vate companies, should do so ``on a level f computes to about $200 million annually in playing field'' with regard to OSHA regulation RECOGNIZING COLORADO’S FRONT Colorado. and enforcement. RANGE CONTINUUM OF CARE Annually, this cap is used-up completely. So for both of these reasons I am introduc- Demand exceeds supply by four-to-one. ing legislation to treat the Postal Service the HON. BOB SCHAFFER In the last two years, over $414 million of same as private employers for purposes of the OF COLORADO private activity bond authority yielded a signifi- Occupational Safety and Health Act. Under IN THE HOUSE OF REPRESENTATIVES cant positive economic impact for Colorado. the bill, the Postal Service would be subject to Over $336 million in tax exempt bond fi- inspection, citation, and penalty by OSHA and Thursday, April 23, 1998 nancing for affordable housing for our approved state OSHA programs. I invite my Mr. BOB SCHAFFER. Mr. Speaker, I rise bluecollar work force funded new home own- colleagues to cosponsor this legislation, and I today to speak about a citizen coalition known ership and rental opportunities. look forward to working with my colleagues in as Colorado's Northern Front Range Contin- $41 million of financing for industrial devel- order to pass this legislation during this Con- uum of Care, whom I recently met with in my opment (manufacturing facilities) and agricul- gress. Fort Collins office to learn of their assessment tural loans. April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E653 $37 million in student loans to college stu- ity to pro-bono legal services. He was virtually vulnerable find some sort of warmth in a world dents. the lone voice in the wilderness in exposing that can often be so cold. Kate McLean of Also brought to my attention is the fact that his righteous indignation over the hopeless- Ventura, California, is an extraordinary person the Federal Department of Housing and Urban ness of countless individuals who through the who has touched the lives of thousands, lead- Development (HUD) is spending less money various crises of poverty rendered them help- ing the charge of a successful organization on transitional housing and more on emer- less before the legal system. At the same which has been the saving grace to many in gency shelters for the homeless. Transitional time, he has been forthright and forceful in ad- her community. housing is designed to house women and chil- vocating the tenets of equal treatment under It's easy to look into the eyes of those in dren on a temporary basis when they leave an the law for the poor who have been remanded need, and feel sympathy. But for many, it's abusive environment and need a safe place to to the complex proceedings of the court sys- even easier to look away and forget about the live while transitioning to a new home and life. tem. His sensitivity toward them knew no unexpected harsh realities life brings. But Statistics prove that affordable housing is bounds, and he was likewise untiring in seek- when Kate McLean saw a person in need, a very limited. For example, in Weld County, the ing the appropriate guidance and counseling living tragedy, she didn't look away, but in- median home price in 1990 was $68,118, strategies for them. stead helped them look towards their future. climbing to $123,868 in 1996Ðan 84% in- In an April 5, 1998 Miami Herald write-up, Kate did more than recognize the social ills crease. Rental rates climbed during the same Attorney Smith was genuinely lauded as a that so often ruin lives. Instead of extending period at 43%, going from $357 to $511, while community leader whose `` * * * life serves as fleeting sympathy, Kate McLean actually made vacancy rates remainded low. During the an example of how much difference each of a differenceÐa difference in the lives of the same time, job growth jumped up 31.7%, but us can make in behalf of the less fortunate.'' abandoned and the abused. She has helped most of the new jobs were created in low-pay- Singlehandledly he has championed a career- the homeless find shelter and runaways find ing service and retail sectors. With average long commitment to free legal services to the refuge and understanding. median family income rising only by 35%, poor. Kate has achieved these and countless housing is unattainable for many. In his stint on the prestigious Holland & other compassionate deed through an organi- It was my concern over the lack of afforable Knight law firm, Attorney Smith truly rep- zation called Interface Children Family Serv- housing that inspired me to co-sponsor H.R. resents an exemplary community servant who ices, a non-profit which she co-founded. To 2990, amending the Internal Revenue Code of abides by the dictum that those who have less name just a few of their services, this organi- 1986 to increase the amount of low-incomg in life through no fault of their own should zation offers assistance to families in crises, a housing credits which may be allocated to somehow be lifted up by those who have been 24-hour hotline for troubled teens, and shel- each State, and to index such amount for in- blessed with life's greater amenities. As a gad- ters for battered women and their children. flation; and H.R. 979 (Private Activity Bonds), fly among South Florida's law firms, he is wont Under Kate McLean, hundreds of thousands which will increase the cap and help alleviate to prod his colleagues toward the support of of children and families have been helped at the pressure on our housing market. Sister the Legal Services of Greater Miami to provide Interface from 1973 to 1990. Today, Interface Mary Alice Murphy described the housing as- a more hopeful life for our community's poor. Children Family Services continues to aid sistance credit as having a positive impact on As one of those hardy spirits who chose to those in crisis situations, expanding on the the community. Additionally, I remain firmly reach out to those living in public housing foundation Kate McLean helped to start. committed to eliminating the numerous feder- projects, Attorney Smith thoroughly under- After Kate left Interface in 1990, she took ally mandated regulations which drive up the stood the accouterments of power and leader- her vast experiences to help the Ventura cost of building homes and those which dic- ship. He sagely exercised them alongside the County Community Foundation, which under tate how a community administers their pro- mandate of his conviction and the wisdom of her supervision, increased Ventura County's grams. I am pleased to carry the message for his knowledge, focusing his energies to en- endowed resources for charities from more affordable and available housing to my hance the well-being of a community he $300,000 to more than $16 million. colleagues for this problem affects not only the learned to love and care for so deeply. April 24, 1998 marks the 25th anniversary of people of Colorado's Fourth Congressional His undaunted efforts in the legal system the Interface Children Family Services. On this District, but also people nationwide. through his tenure as President of the Amer- special occasion I want to recognize Kate f ican Bar Association helped shape and form McLean as a shining example, and to thank the agenda of many legal organizations. His her for doing what others may have the yearn- TRIBUTE TO CHESTERFIELD word is his bond to those who dealt with him, ing to do, but not the ambition. I want to thank SMITH, ESQ., ON THE DEDICA- not only in moments of triumphal exuberance Kate McLean for being such a vital part to the TION OF THE CHESTERFIELD in helping many of the poor turn their lives Ventura County Community, and for being our SMITH CENTER FOR EQUAL JUS- around, but also in his resilient quest to trans- angel of hope. TICE form Miami-Dade county into a veritable mo- f saic of vibrant cultures and diverse peoples HON. CARRIE P. MEEK converging together into this great experiment EARTH DAY OF FLORIDA that is America. IN THE HOUSE OF REPRESENTATIVES Numerous accolades with which various or- HON. EARL F. HILLIARD Thursday, April 23, 1998 ganizations have honored him symbolize the OF ALABAMA unequivocal testimony of the utmost respect IN THE HOUSE OF REPRESENTATIVES Mrs. MEEK of Florida. Mr. Speaker, it is in- and admiration he enjoys from our community. Thursday, April 23, 1998 deed a distinct honor to pay tribute to one of Attorney Chesterfield Smith, lawyer par excel- Miami-Dade's unsung heroes, Attorney Ches- lence, truly exemplifies a one-of-a-kind leader- Mr. HILLIARD. Mr. Speaker, I stand before terfield Smith. The dedication of the Chester- ship whose courage and resilient spirit that you on this Earth Day to commend our nation field Smith Center for Equal Justice on April genuinely dignifies the role of a community on how we have left a legacy to our children 23, 1998 is a well-deserved honor. servant. by protecting the natural resources of our na- Attorney Smith represents the best of our Today's dedication is genuinely deserved! I tional parks, wildlife refuges and national for- community. Having dedicated a major portion truly salute him on behalf of a grateful commu- ests. However, it is just as important for us to of his life to making the justice system work nity. double our efforts to protect the habitat of our on behalf of the less fortunate in Miami-Dade, f urban areas. he was relentless in his development of I feel strongly that the children of our cities probono legal services program that re- TRIBUTE TO KATE MCLEAN also deserve to breathe cleaner air, and have sponded to the crying needs of our commu- green fields to play on as they mature under nity's poor. His was a crusade that maximized HON. ELTON GALLEGLY the blue skies of Alabama. understanding and compassion for countless OF CALIFORNIA I am proud that our nation has made tre- destitute who severely lack the financial IN THE HOUSE OF REPRESENTATIVES mendous progress over the past 25 years in wherewithal to have their cases move up the area of environmental management. Our through the maze of the legal system. Thursday, April 23, 1998 rivers and lakes in which our children fish, Under his leadership many lives have been Mr. GALLEGLY. Mr. Speaker, I would like to swim and boat are significantly cleaner; the air saved and countless families have been ren- pay tribute today to a woman who has made in which we breathe is improved and tremen- dered whole because of the poor's accessibil- her mission in life to help our society's most dous progress has been made in cleaning up E654 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 our toxic waste sites, but we must concentrate and to tell how proud I am of you. I would also and in the form of grants and loans for those more efforts for the children of our cities. like to tell you that with your distinct honor, not whose families do not have the resources to I am fighting for an approach to the environ- only comes the $5,000.00 scholarship you are provide them with a college education. ment that is based on reason, balance, and receiving (although that is awfully nice), but I have the privilege of serving on two Com- moderation . . . one that recognizes that it is also a responsibility to your own success and mittees in Congress. The Committee on not a question of whether we can afford to to keeping the dream of success alive for Science, on which I serve on the Subcommit- protect the environment, but whether we can other young people who need to know that tee on Space and Aeronautics which is re- afford not to protect it. they too can ``beat the odds'' in spite of the sponsible for NASA and all of it's programs, f hardships that they face. including the space shuttle and the inter- Today, as I speak to you on ``Issues Facing national space station. I must say that I truly NEW CREATIONS BOARDING Congress: A Congressman's Perspective,'' I believe that the space program can do more SCHOOL, RICHMOND, IN would like to take you back to the first time to make the dream available to more people that I stood in this chamber, when I was your in more ways than any other single endeavor. HON. DAVID M. McINTOSH age, and how it shapes my perspective today Additionally, I serve on the Committee on OF INDIANA and how I hope that your visit today will shape Transportation where I serve on two Sub- IN THE HOUSE OF REPRESENTATIVES your vision for tomorrow. committees; the Subcommittee on Water Re- My first visit to Congress truly helped me sources and Environment and the Subcommit- Thursday, April 23, 1998 understand that one of the greatest issues fac- tee on Public Buildings and Economic Devel- Mr. MCINTOSH. Mr. Speaker, I would like to ing any session of Congress is how we keep opment. On each of these Committees, I have share an inspiring story with my colleagues the American dream alive for you and every the opportunity to cast my vote in favor of the and the American people about a husband other citizen of the United States, regardless youth of today and the leaders of tomorrow. and wife team who have built New Creations of their financial, ethnic or religious back- But probably the most important thing that I Boarding School, in Richmond Indiana. Pastor ground. This is done in many ways, but I'll have the privilege of doing as a Congressman Tim Cummings, being full of compassion for come back to that later. is to stand before a group of outstanding troubled teenagers, reached out and met the Allow me to share with you how my first visit young people, such as yourselves, and say to needs of those in Wayne County. Tim has to this chamber gave me a glimpse of that you, do not quit, do not waiver and do not been fully supported by his wife Bonnie, who dream of success and how that glimpse was flinch no matter how tough the road may be. has been an invaluable partner in his work. the start of my commitment to making a real You have already proven that you are not eas- New Creations Boarding School is Biblically difference for myself and others. ily discouraged. But I also want to challenge focussed and many student's lives have been I hope you'll forgive me for being so per- you to bring others along with you and show changed through the teachings of the Bible. sonal, but I know that among you are people them the dream, so that when all is said and The Cummings have made a difference by who can really make a difference, and I don't done, it is my hope that one day you will be showing that if individuals work hard and show want to waste this opportunity to share my ex- standing here speaking to a group of Horatio perience with tomorrow's leaders. kindness they can do good things. These Alger Scholars. Then I will know that my time When I first came to this chamber, I was qualities are needed in our communities and in Congress was well spent. very close to your age. I was not rich. In fact f the Cummings are an excellent example for it seems as though I had worked almost every others to follow. In short, work hard, be kind day of my life since I was in Junior High IN RECOGNITION OF MS. AMI to others and help your neighbor if you can. School. At that time, Jack Brooks was Con- KARLAGE Well Done, Pastor Tim and Bonnie. May God gressman. Because he had come to this office Bless you in all your future endeavors. by overcoming financial and personal adver- f HON. JIM BUNNING sity as a young person, he made sure that OF KENTUCKY SPEECH TO HORATIO ALGER young people such as myself got the oppor- IN THE HOUSE OF REPRESENTATIVES tunity to be here as Congressional interns so SCHOLARS NATIONAL SCHOLARS Thursday, April 23, 1998 CONFERENCE that we could catch a glimpse of the dream and carry it on to another generation. It was Mr. BUNNING. Mr. Speaker, I just wanted to during that internship that I committed myself take a few minutes to recognize an outstand- HON. NICK LAMPSON not only to personal achievement but to lead- ing achievement by a young high school stu- OF TEXAS ership as well. dent from Kentucky. IN THE HOUSE OF REPRESENTATIVES As I said, one of the main issues facing Ms. Ami Karlage of Edgewood, in my con- Thursday, April 23, 1998 Congress is how to provide the opportunity gressional district, recently won a 1998 Voice and tools necessary for every young person to of Democracy broadcast scriptwriting contest Mr. LAMPSON. Mr. Speaker, to all of you not only succeed but to excel. I am attempting for Kentucky as sponsored by the Veterans of who are here today because you have been to do this in a number of ways that I think are Foreign Wars. I have attached a copy of her selected to participate in the 1998 Horatio extremely important. winning essay for all to read. Alger Association's National Scholars Con- First, as a freshman Member of Congress, Ms. Karlage is a junior at Holmes High ference, I would like to say welcome. As I am I have founded the Congressional Caucus for School and is one of only 54 national winners. sure you have already learned, you have Missing and Exploited children. The purpose She was sponsored by VFW Post 6095 of joined a very exclusive club of achievers who of this caucus is: Latonia, and I understand she is planning on have been recognized by that fine organiza- 1. To build awareness around the issue of becoming a geneticist one day. Given the in- tion. missing and exploited children for the purpose telligence she shows in her essay, I expect I am proud to note that several Members of of finding children who are currently missing that she will eventually accomplish whatever Congress have been honored as distinguished and to prevent future abductions; she sets her mind to. Americans by the association such as Senator 2. To crease a voice within Congress on the I am proud of Ms. Karlage, and I commend ROBERT BYRD of West Virginia and other great issue of missing and exploited children and in- my colleagues' attention to her essay about American's like the late Supreme Court Jus- troduce legislation that would strengthen law the importance of principle and standing up for tice Thurgood Marshall. But I am particularly enforcement, community organizing and one's beliefs. They are time-honored lessons proud that one of my constituents and friends, school-based efforts to address child abduc- we should never forget. Tom Harken, serves on the association's tion; and ‘‘MY VOICE IN OUR DEMOCRACY’’ Board of Directors. If each of you have not 3. To identify ways to work effectively in our (By Ami Karlage) had the opportunity to meet this man make districts to address child abduction. By devel- ‘‘. . . Give me liberty or give me death!’’ sure you do so. Especially if you plan on oping cooperative efforts that involve police —Patrick Henry being in business. He is truly a Horatio Alger departments, educators, and community ‘‘Join the union, girls, and together say success story. groups we can heighten awareness of the Equal Pay for Equal Work’’. Because each of you are exemplary high issue and pool resources for the purpose of —Susan B. Anthony school seniors who have demonstrated out- solving outstanding cases and preventing fu- ‘‘I am in earnest—I will not equivocate—I standing qualities of honor, integrity and per- ture abductions. will not excuse—I will not retreat a single severance and did not allow life's obstacles to Additionally, I strongly support funding for inch; and I will be heard!’’ stop you, I would like to say ``congratulations'' higher education both in institutional funding —William Lloyd Garrison April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E655 These famous words ring throughout our en’s Suffrage Movement, and the Abolition- trict, I was fortunate enough to visit Yad country like the echoes of silent bells. ist Movement begin with a single thought, a Vashem in Israel. I cannot adequately express Voices, unused in generations, can be heard single voice shouting among millions of oth- in words how moved I was to see the photo- today, still urging us to fight for what is ers. If our country could be so drastically in- good, to stand up for what we believe. These fluenced by just one person in the past, there graphs of the victims, read the stories of so voices created and preserved our democracy, is no reason that it cannot be just as affected many families, and listened to the experiences and they resound in our memories, a sym- by my voice in the present. that was told by the survivors. We can never phony of noble and pure ideas. Yet, added to forget what happened. Not only should we use f this harmonious music of the past is a ca- this time to remember the past, but we must cophony of voices belonging to the present: IN MEMORY OF PAMELA MAY also educate our young people and future millions of people, each shouting his or her generations about the Holocaust in order to own opinions with little or no regard for preserve the memory of those who lost their anyone else’s thoughts. Amidst all this tur- HON. IKE SKELTON moil, how can my voice be heard? How can OF MISSOURI lives, honor those who were fortunate enough to survive and to reaffirm the promise of my voice make a difference? IN THE HOUSE OF REPRESENTATIVES In todays’ democracy, many cynical, dis- ``never again!'' illusioned people would tell you that it’s not Thursday, April 23, 1998 Throughout this entire week, from April 19 worth shouting to be heard, it’s not worth Mr. SKELTON. Mr. Speaker, it is with great through April 26, 1998 the United States Holo- standing up for what you believe. Because no caust Memorial Council will lead the nation in one listens, no one cares. I cannot believe sadness that I take this opportunity to pay trib- that. Too many problems in the past have ute to an outstanding public servant and civic commemorations of the victims of the been corrected because one person dared to teacher, Pamela May, who recently passed Holocaust, called Days of Remembrance. Next speak out against them. America won its away at the age of 44. week we will recognize the 50th year anniver- independence because one person had the Pam May, who was born August 4, 1953, in sary of the establishment of the state of Israel. courage to challenge British rule. The rally- Nevada, MO, dedicated her life to public serv- So today Mr. Speaker, I join with the people ing cry of ‘‘No taxation without representa- ice and education. In 1997, she was appointed of Israel, those in my district, the Jewish Com- tion’’ swept a nation of diverse peoples and the Camden County auditor by Gov. Mel munity Centers and Temples, in remembering fractured opinions and united a majority of the population to work towards a common Carnahan, and from 1992 to 1997 Pam served the victims and saluting the courage of the goal. Women won the right to vote because as the Camdenton Third Ward Alderman. She survivors of the Holocaust. one person refused to be silent. The writings also served as a Camden County Commis- f and speeches of Susan B. Anthony sparked sioner. CONGRATULATIONS TO CONNECTI- reforms in women’s dress, social freedoms, Mrs. May also served on the Child Advo- CUT’S TEACHER OF THE YEAR and ultimately, constitutional rights in a cacy Council, the Citizens Advisory Committee MARIANNE CAVANAUGH time of heightened civil turbulence. Slavery for the Camden County Jail, and the Gov- was abolished because one person proclaimed ernor's Total Transportation Committee. She it unjust. The accomplishments of William Lloyd Garrison and other abolitionists, such was a member of the Camdenton Rotary Club HON. BARBARA B. KENNELLY as Frederick Douglas and Sojourner Truth, and was former president of the Camdenton OF CONNECTICUT resulted in the thirteenth amendment to the Chamber of Commerce. IN THE HOUSE OF REPRESENTATIVES Constitution, which effectively outlawed In addition to her public service contribu- Thursday, April 23, 1998 slavery. Each of these controversies were im- tions, Pam May devoted her life to teaching portant developments in our nation’s Missouri youngsters. She was a teacher for 10 Mrs. KENNELLY of Connecticut. Mr. Speak- growth, and each of them began with a single years in the Camdenton School District, and er, I rise to congratulate Connecticut's Teach- person who persisted until another person she began working in the Parents as Teachers er of the Year, Marianne Roche Cavanaugh. listened . . . and another . . . and another, program in 1986±87. She was also a part-time Mrs. Cavanaugh is the head teacher for math- until that first person was shouting with the ematics, Kindergarten through 12th grade, and multitude instead of against it. teacher in the Lake Area Vocational School's If I want my voice to be heard, I have to ig- Child Care Management program. Mrs. May teaches 4 math classes a day at the Gideon nore the cynics. I have to shout against the later became child care coordinator for the Welles Middle School in my home district. millions. I have to call out incessantly. I Camdenton R±3 School District, and wrote a Since Mrs. Cavanaugh arrived in the Glaston- have to refuse to be silent, in the hopes that grant to open the district's child care center. bury public school system more than 20 years one person might take note of my cry. If I Pam May is survived by her husband, ago, her colleagues have watched in awe of influence just one other person, then my Ralph, two sons, a daughter, her parents, a her energy and ability to get students excited voice has been heard. If I cause that person brother, and two sisters. about mathematics. It has been said that her to examine or change his or her views, then students have even groaned in disappointment my voice has made a difference. My voice is Mr. Speaker, I am certain that the Members not the voice of the millions, nor does it of the House will join me in celebrating the life at the end of one of ``Mrs. Cav's'' lessons. have to be. My voice in democracy is just of this great Missouri public servant and edu- In 1994, Mrs. Cavanaugh organized the first that: My voice, shouting against the crowd, cator. Pamela May's strong sense of commu- Gideon Welles Marathon. In this academic so that I might be heard. nity and compassion for the youth of our coun- competition, students seek sponsors who And today, there are so many more ways in try make her a role model for all Americans. pledge as much as 5 cents for each math which my voice can be heard. 150 years ago, problem correctly solved in an hour. The truly communication was limited to the written We will truly miss her. f amazing thing is that over the last four years word, in the form of newspapers and pam- $20,000 has been raised in the Glastonbury phlets, and the spoken word. As a student living in this day and age, I have the tech- RECOGNIZING YOM-HASHOAH community by 1200 students. The funds have nology to reach many, many more people. been returned to the community to help pur- for example, I have television. through tele- HON. MICHAEL PAPPAS chase such things as youth league basketball vision, I can make my voice heard across the OF NEW JERSEY uniforms, computer software programs, and to nation, simultaneously; whereas, it was IN THE HOUSE OF REPRESENTATIVES make charitable contributions such as dona- nearly impossible for an abolitionist or a suf- tions to the food bank, clothing certificates to fragette to achieve the same effect. I also Thursday, April 23, 1998 local stores, and bicycles. have the internet, which is growing daily, Mr. PAPPAS. Mr. Speaker, I rise today to Mrs. Cavanaugh's goal is to see a National and radio, which reaches a large percentage of the population. On a local level, I have recognize the tragedy of the loss of six million Marathon Day during April, Math Awareness service groups, a school newspaper, clubs and Jewish people, one and a half million of which Month. Students across the country could other organizations, all designed to give me were children, who were murdered at the strive to test the limits of their math skills while a forum to voice my opinions and to allow hands of the Nazis. Today is Yom-HaShoah, raising money for their communities. As a my voice to be heard. How much faster could the day in which we recognize the horrific strong supporter of educational programs and Patrick Henry have inflamed a nation, had genocide that Adolf Hitler imposed on so initiatives throughout my career here in Con- he been able to use the present day media? many. gress, I stand before you in the hope that this Each of those historic, echoing voices be- longed to an individual who felt the need to Mr. Speaker, last year a group of young day may soon be realized. speak out against injustice, to better the people from my district came to Washington Outside her time in the classroom, Mrs. world in which he or she lived. And even as and joined me on a visit to the Holocaust Mu- Cavanaugh has managed to present mathe- a tempest begins with a single drop of rain, seum. Additionally, last year, thanks to the as- matical workshops across the nation, develop so did the American Revolution, the Wom- sistance of the Jewish Federations in my dis- problem solving math curricula, and train other E656 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 math teachers for the Interactive Math Pro- ADDRESS TO THE HUMAN RIGHTS COMMISSION and whites, for example, may agree that ra- gram. In addition to this Connecticut Teacher ANNUAL DINNER, COLUMBUS, INDIANA, APRIL cial discrimination is wrong, but they have of the Year award, Mrs. Cavanaugh was a fi- 4, 1998 sharply differing views about how prevalent such discrimination is today in our society. nalist for the Presidential Award for Excellence (By Lee H. Hamilton) I want to talk with you tonight about the In a recent poll three in four white Ameri- in Mathematics and Science Teaching in 1998 cans said blacks in their community are and 1986, the 1998 Glastonbury Teacher of challenges we face in advancing human rights. A deep concern for human rights is a treated the same as whites. Only 49% of the the Year, the Connecticut Association of basic and fundamental expression of the val- blacks agreed. Whites really see very little School Superintendents' Middle School Teach- ues of the American people. It is part of who problem when it comes to opportunities for er of the Year finalist in 1997, and Celebration we are and what we are. blacks in jobs, education, and housing. Many of Excellence winner in 1986. As a resident of In one sense, the history of this country blacks see racial discrimination as a fact of Marlborough, Connecticut, she and her hus- can be told as the story of the advancement life. of human rights. Our ancestors fought a War Whites have generally become more opti- band Roy Cavanaugh have four children, mistic that progress toward equality has oc- Lindsey, Matthew, Shannon, and Kevin. of Independence to secure civil and political liberties, and a Civil War to ensure that all curred and that racial discrimination has de- Again, I would like to commend Mrs. of its people, black and white, should be free clined. Blacks, in contrast, are increasingly Cavanaugh on this achievement. She displays and enjoy the basic rights of citizenship. In discouraged about race relations and dis- the kind of dedication, determination, and en- this century, Americans have struggled to crimination. thusiasm that make our public school system secure political, social, and economic rights The debate over affirmative action pro- work. With teachers of Mrs. Cavanaugh's cali- for women, minorities, and working people. vides another example of the breakdown in American has also been a model, a guide to the consensus. Supporters of affirmative ac- ber, this next generation of Americans will tion say that while the situation has im- surely reach the stars. other countries in its concern for human rights. With some success, and with some proved, racism persists in this country, and f failures, too, we have sought to promote that affirmative action is needed to remedy democratic institutions and the observance the effects of discrimination. Affirmative ac- IN MEMORY OF WILLIAM CAFARO of human rights at home and abroad. tion programs, they will note, have provided How would you respond if I asked you to opportunities for millions of minorities, ex- define for me in one sentence what this coun- panding the American middle class and HON. DENNIS J. KUCINICH try is all about? Most of you—I think— strengthening our political system and econ- OF OHIO would say: At its very core, this country is omy. Opponents respond that affirmative ac- IN THE HOUSE OF REPRESENTATIVES about giving its people the opportunity to be tion is fundamentally unfair, that people the best that they can be. Our country does should succeed or fail based on character, Thursday, April 23, 1998 not provide equal opportunity to all its citi- talent and effort, not race. Either they say Mr. KUCINICH. Mr. Speaker, I rise today to zens. It does not assure success. But, at the that we now live in a colorblind society so remember William Cafaro, a brilliant entre- very least, it does provide opportunity and it race-based policies are unnecessary, or they tries to remove barriers that deny us a fair say that, while racism may persist, affirma- preneur, a generous philanthropist, a political tive action leads to double standards which activist, and a good friend. chance to succeed. Human rights are about removing those obstacles, and ensuring that heighten rather than reduce racial tensions. Mr. Cafaro changed the way America shops all of us are treated fairly, equally, and just- b. sense of optimism by pioneering the shopping center industry. He ly in our individual pursuit of happiness. Second, during the Civil Rights Era there built some of the nation's first strip plazas and The Columbus Human Rights Commission was a strong sense of public optimism about enclosed malls. His privately owned company is so important because it does precisely tackling problems associated with race. I has consistently ranked in the top ten largest that. In fighting discrimination and human don’t suggest it was a Golden Age. We then commercial real estate developers in the na- rights abuses at the local level, this Commis- lived in a segregated society, where minori- tion. Mr. Cafaro emerged as a real estate de- sion works to ensure that the magnificent ties were denied political and civil rights as ideal of the Declaration of Independence— veloper and entrepreneur in the 1940's and well as economic and educational opportuni- that all men are created equal—becomes re- ties. soon revolutionized the industry nationwide. ality. It serves to help this community be a What has changed, however, is our outlook This self-made man never forgot his roots. place where everyone has an opportunity to on the future of race relations. Back then, He has been recognized by countless organi- become the best they can be. many of us took to heart Dr. King’s vision of zations for his generosity and philanthropic I. CIVIL RIGHTS AT HOME: CHANGING ATTITUDES, an integrated America, where people would work in the community. Among numerous CHANGING ISSUES be judged not by the color of their skin but other civic activities, Mr. Cafaro was especially Our country is today in the midst of a na- by the content of their character. We, blacks involved in his church and in education. He tional debate about civil rights and race re- and whites, believed that anti-poverty ef- was recently awarded a lifetime achievement lations, perhaps for the first time since Con- forts could wipe out the inner city slums and lift the poor into the great American middle award for humanitarian service from the Na- gress passed landmark civil and voting rights laws in the mid-1960s. I have cast over class. We believed—perhaps naively—that tional Italian American Foundation and was 5,000 votes in my years in Congress, but few, anti-discrimination laws would lead to a so- honored by President Clinton. if any, have given me more satisfaction than ciety with fully integrated schools, neighbor- Mr. Cafaro was active in politics as well. He to support these laws. Much of the current hoods and workplaces. was a delegate to the Democratic National debate has focused on affirmative action We have made remarkable progress toward Convention for three presidential elections and (more on that later). The debate, however, racial equality over the last 30 years, seen, I was a member of the Electoral College. He also goes to more fundamental questions suppose, most conspicuously in the expan- about race in America: do we continue to be sion of voting rights and of a black middle was friends with several Presidents including class, educated and affluent, that has taken Harry S. Truman, John F. Kennedy, Lyndon B. two Americas, one black and one white? and if we do live in two Americas, is that accept- advantage of new opportunities. But, in Johnson, Jimmy Carter and Bill Clinton and able? and if it is acceptable, what does that many other respects, this is not the world we visited the White House many times. say about the future of this country? dreamed of 30 years ago. White and black Above all, Mr. Cafaro never lost sight of Someone asked me the other day how pub- America are, in many respects, drifting what was most important to him: his family, lic views on race relations have changed apart. Many blacks feel aggrieved. They ob- church, company, and community. His leader- since the Civil Rights Era. Three things serve that black incomes are still only 75% ship and generosity are a great loss. come to mind. of white ones; 40% of black children live in a. Public consensus poverty; black unemployment is more than f First, there was broad public consensus in twice as high; and the life expectancy for black males is more than eight years less HUMAN RIGHTS SPEECH the 1960s on what was wrong in our country and what needed to be done. Americans were than for white men (65 years vs. 73 years). outraged by the treatment of Civil Rights They say whites have lost interest in their marchers in the South, and demanded that plight, cutting federal programs that benefit HON. LEE H. HAMILTON their communities and eliminating affirma- OF INDIANA Congress take steps to secure basic civil and political liberties for all Americans in every tive action programs that have created edu- IN THE HOUSE OF REPRESENTATIVES part of the country. Today, we have strong cational and job opportunities. The response Thursday, April 23, 1998 anti-discrimination laws on the books, and of a growing number of blacks is not a call an overwhelming majority of Americans for more integration with white America, Mr. HAMILTON. Mr. Speaker, I submit for agree that racial discrimination is wrong but separation and self-help. the CONGRESSIONAL RECORD the attached ex- and must be proscribed. c. demographic changes cerpt from a speech I gave to the Columbus Consensus quickly breaks down, however, Third, the debate on race in the 1960s was Human Rights Commission on April 4, 1998. once you scratch beneath the surface. Blacks straightforward. It dealt almost exclusively April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E657 with relations between whites and blacks. The U.S. Supreme Court has worked to limit We can argue all day about the causes of The civil and voting rights laws and affirma- the use of race-based preferences in the this separation—the lack of economic oppor- tive action were a response to the terrible workplace, on contracts, in legislative redis- tunities; racism; the burden of history—but legacy of racial discrimination, particularly tricting, at all levels of government. The fed- the question Americans must answer is towards blacks, in this country. eral government is in the process of retool- whether this trend toward separation is de- Our civil rights agenda has changed over ing its affirmative action programs in re- sirable. I think it is not. the years, first in response to the demand for sponse to these Court decisions. The overall I am an integrationist at heart. I believe in women’s rights and, more recently, in re- effect of these changes will likely be to cur- the motto of this country: E Pluribus Unum, sponse to the changing demographics of the tail government contracts flowing to minor- out of many, one. We can’t compel people to country. More women are in the workplace ity and women-owned businesses. move to integrated neighborhoods. We can’t than ever before, and the nation has become I am also concerned by efforts to bar af- force them to socialize with people of other more diverse, ethnically and racially, in the firmative action in college and graduate races. Integration should, nonetheless, be last 30 years as immigration from Asia and school admissions. One federal appeals court our goal. We don’t have to reach that goal Latin America has swelled. According to the has said that the University of Texas cannot today, but we should strive to take steps most recent Census estimates, our popu- use race as a factor in law school admissions. day-by-day to get there. We are, after all, lation is roughly 25% non-white; that figure California voters approved a state referen- one nation, one family, indivisible. is projected to reach 50% by the middle of dum to similar effect at state college and c. individual and community-based action the next century, easily within the lifetime graduate programs. As a consequence, mi- My own experience is that the best way to of my grandchildren. As early as next year, nority enrollment for incoming classes at improve relations among races is to have whites will no longer be the majority in Cali- these schools plummeted last year. The long- people work together at something they both fornia. term effects on enrollment remain to be believe to be worthwhile and important. If The range of new civil rights challenges is seen. you get two adult women, for example, of astonishingly broad. Among them: The goal of public policy should be to different races together to talk about the fu- Discrimination and harassment claims make sure that all of us have the oppor- ture of their children, you can see the mak- have increased as more women enter the tunity to develop our talents to the fullest. ing of harmony and consensus. People who workforce. Whole new rules are being worked The rapid rollback of affirmative action pro- may not believe they have very much in out in the era of increased gender equality. grams will, I think, disserve that goal. While common learn that they really do. A dia- Our school systems are educating a more I oppose quotas or rigid preferences, I see af- logue that simply leaves people feeling that diverse student population, many of whom firmative action plans as a tool to create a we remain far apart doesn’t get us very far. will enter school lacking basic English lan- more inclusive work place and open up op- We must talk frankly, listen carefully, and guage and learning skills. portunities for all persons. Real equality of work together across racial lines. We must Many states and local communities are opportunity is the key to minority advance- all take responsibility for ourselves, our con- challenged to absorb immigrant groups into ment. Where discrimination has existed, it is duct, our attitude—and our community. We their economies and address their social and fair to provide an equal opportunity to catch must talk less about separation and bitter- cultural needs. up. Affirmative action can promote equal ness, and more about unity, reconciliation Minority populations are becoming more consideration, and not reverse discrimina- and shared values. We must do everything to active in the political process, seeking great- tion. assure that every person in our community er representation within all levels of govern- My view is that compensating for past dis- has real opportunity. Give every child in the ment and within political party structures. crimination is acceptable if done by using community, every adult, too, the oppor- II. WHERE ARE WE TODAY? special training programs, talent searches tunity to get a good, decent, safe, fulfilling and targeted financial help, and by helping education to get ahead in life. Where are we today in civil rights in this disadvantaged groups compete. I do not, On a personal level, I urge you to get to country? know well a person of another race, and try On the positive side: We have made however, want to predetermine the results of competition with a system of quotas. Gov- to see the world through their eyes. Reach progress in enacting laws to promote equal- out to persons of a different race. Speak to ity—in voting rights, public accommodation ernment can act to promote racial integra- tion, help disadvantaged persons improve them; listen to them, as I know many in this access, and non-discrimination. A genuine audience do. When people do this, they find positive change has taken place in the atti- their circumstances, and proscribe inten- tional racial discrimination, but it cannot a lot more in common than they thought. tude of most Americans toward racial issues. I also urge you to learn more about the re- More of us understand that we should accept assure outcomes in hiring, contracting, and admission for higher education. markable civil rights history of our nation. equality among the races as a matter of Two recent books, ‘‘Pillar of Fire’’ by Taylor b. integration vs. separation principle. Finally, the black middle class has Branch and ‘‘The Children’’ by David grown, black business has expanded, and the Affirmative action and other government- Halberstam, give us stirring accounts of this number of black public officials has in- led efforts may provide opportunities to era. One of the most memorable experiences creased. blacks and other minorities, but they will of my congressional career was getting to And yet there are many problems. We un- not bridge the divide between the races. know Martin Luther King, Jr. at Washington derstand now that racial issues cannot be Blacks and whites may work in the same National Airport as he was emerging on the solved by laws alone. Inequalities, rooted in place, but they often live in separate neigh- national scene. Both us were waiting for de- feelings of prejudice and distrust, permeate borhoods, go to separate schools, socialize in layed planes, and for an hour or so I visited our culture and society. I also find a lack of different circles. Some of this separation can with him. I caught from Dr. King—as I have urgency about racial issues. For example, I be traced to discrimination, but increas- from my colleagues in Congress, John Lewis rarely hear from constituents about race at ingly, I think, it is by choice. and Andy Young, two other civil rights he- my public meetings today. Many feel that I recently read a comment of a black roes—a glimpse of their courage and vision. the major wrongs have been righted, and woman, a professional who works with Thirty years after Dr. King’s death, we can they have other things on their minds: bal- whites, but lives in a predominantly black say that we have torn down many of the ancing the budget, improving schools, creat- community. She said: ‘‘It’s hard to grow up legal barriers in the country, but we have ing good jobs, fighting crime. in white neighborhoods. There are always not been as successful breaking down the Hence, while we have worked hard to tear doubts about you, about your intelligence. barriers in our hearts and minds. No one down racial barriers and promote equality, This is what America is supposed to be should cling to the illusion that the battle we all know—as Jim Henderson reminded us about, total integration, but the reality is for equal opportunity and equal justice has last year before this gathering—that our that most of us keep to our own in this coun- been won. work is not done—in Columbus or in the try, and not because there is specifically Tolstoy said that many people want to country. Much has been done, much is still some race factor, but because we feel more change the world, but only a few want to to do. comfortable that way.’’ change themselves. He had the right perspec- III. WHERE DO WE GO FROM HERE? Some will say there is nothing wrong with tive as we think about race. You and I have people of a particular race choosing to live The question, then, is where do we go from to engage each other, learn from each other, and socialize with their own. That if this here on civil rights? How do we build on our endure the pain of reflection and candor, and country stands for anything it is individual successes of the last generation? How do we move on to higher ground. Progress in race liberty, and if someone chooses to live in an make for a more inclusive, more just society relations is not simply a matter of economic all-black community or an all-Hispanic com- which affords every American the oppor- statistics or survey data, but it is measured munity or an all-Korean community, that is tunity to be the best he or she can be? to a large extent through interaction of peo- their choice and who are we to criticize it. ple, with acts of brotherhood, tolerance, and a. affirmative action Others worry that separation of the races understanding. I am one who continue to believe there is will lead to the balkanization of America. The work of the Columbus Human Rights an appropriate role for affirmative action, That we have built our nation on a shared Commission is instrumental to this process properly defined. Affirmative action pro- set of values, beliefs and traditions. And that of discussion, healing and growth. The Com- grams are being challenged successfully in separation tears at the very fabric of our so- mission provides a forum for people of di- courts and legislatures across the country. ciety and institutions. verse backgrounds and races to air their E658 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 comments and concerns, to debate the issues brating his life and his legacy. Dr. Joel Fort is ognition will be a major boost of the move- in a frank manner, and to find solutions an undeniably outstanding member of our ment to bring freedom to the oppressed Sikh which will make our community more inclu- community, and I speak for the entire U.S. Nation. It will also carry strategic advan- sive and more just. tages for you, as Khalistan can serve as a House of Representatives in this tribute to IV. CONCLUSION buffer between you and India. If there is a him. war, Sikhs will not fight for India. The Sikh Our success in meeting these challenges f Nation can also use the fact the over 60 per- will depend—in large measure—on our com- cent of India’s grain comes from Punjab, mitment to human rights. This evening has COUNCIL OF KHALISTAN CALLS Khalistan to deter India from pursuing its been a success if it causes each one of us to ON PAKISTAN TO RECOGNIZE dream of Hindu Raj throughout South Asia. renew our commitment to human rights and KHALISTAN I ask you to recognize Khalistan imme- to act in specific ways on that commitment. diately. We seek to establish an Embassy in The stakes are high. This country has been Islamabad and four consulates in Lahore, dedicated to the cause of human rights from HON. JOHN T. DOOLITTLE Karachi, Peshawar, and Quetter. its inception. If you and I do not lead in OF CALIFORNIA Khalistan is committed to the human rights, who will? Surely those of us denuclearization of South Asia and to the es- IN THE HOUSE OF REPRESENTATIVES who have been given so much—good parents, tablishment of a South Asian common mar- good education, good health, a marvelous Thursday, April 23, 1998 ket to bring greater economic prosperity to country—and all of our many blessings— Mr. DOOLITTLE. Mr. Speaker, recently the all the countries of South Asia. Khalistan must take the lead for human rights into the will also sign a 100-year friendship and de- 21st Century. Council of Kahlistan, which leads the struggle fense treaty with Pakistan. Only the libera- So when you leave here in a few minutes, to liberate the Sikh homeland, Punjab, tion of Khalistan and the other oppressed na- what are you going to do? May I suggest you Khalistan, from Indian rule, recently wrote an tions of South Asia will bring true peace and and I renew a simple pledge: We stand for open letter to the people and government of stability to the subcontinent. justice. We combat injustice wherever we Pakistan urging Pakistan to recognize The Indian government has been talking to may find it—at home or abroad, in our own Khalistan to stop India from achieving hegem- Naga leaders about the status of Nagaland. community or across the world. Leaders and Yet India has failed to live up to its obliga- legislation may be important, but what hap- ony in South Asia. tions under the 1948 U.N. resolution in which pens in your life, in your home, in your heart The letter pointed out that two leaders of the it agreed to a plebiscite in Kashmir and it is more important than what happens in the ruling BJP recently called for Pakistan and has refused to hold a free and fair plebiscite White House. Bangladesh to become part of India. It has in Punjab, Khalistan. India is not one coun- We join hands in support of the Human been fifty years since India and Pakistan try. It is a collection of many nations Rights Commission in Columbus in a noble achieved their independence, agreeing to par- thrown together by the British for their ad- cause: contributing to the direction and suc- tition at that time. For leaders of the ruling ministrative convenience. The collapse of In- cess of a free society and a humane world. dia’s brutal, corrupt empire is inevitable. By party to call for that agreement to be undone recognizing Khalistan, you can help bring f reveals India's imperialist aims in the region. that about sooner and help bring freedom, TRIBUTE TO DR. JOEL FORT The atrocities committed against the Sikhs, democracy, peace, and prosperity to South the Christians of Nagaland, the Muslims of Asia. I call upon the people and government Kashmir, the Dalits (``black untouchables,'' the of Pakistan to take this step immediately. HON. GEORGE MILLER aboriginal people of the subcontinent), and so Sincerely, OF CALIFORNIA many others also show India's drive to estab- DR. GURMIT SINGH AULAKH, IN THE HOUSE OF REPRESENTATIVES lish Hindu Raj throughout South Asia. President, Council of Khalistan. Thursday, April 23, 1998 An independent Khalistan can serve as a buffer to prevent war between India and Paki- f Mr. MILLER of California. Mr. Speaker, I stan. Khalistan is committed to freedom, rise today to invite my colleagues to join me HONORING THE 80TH BIRTHDAY OF denuclearization in South Asia, and economic JOSEPH GIGUERE in recognizing the accomplishments and con- cooperation to assure prosperity for all. It is tributions of a truly remarkable man, Dr. Joel time for the United States to promote freedom, HON. RICHARD E. NEAL Fort. peace, stability, and prosperity in South Asia OF MASSACHUSETTS Dr. Fort was an early visionary in the field by supporting a free and fair vote on the politi- IN THE HOUSE OF REPRESENTATIVES of public health. He was one of the first pro- cal status of Khalistan and for Pakistan to rec- fessionals to understand that social problems ognize the legitimate aspirations of the people Thursday, April 23, 1998 such as substance abuse and violence were of Khalistan, Nagaland, and all the nations of Mr. NEAL of Massachusetts. Mr. Speaker, it not going to be solved by the criminal justice South Asia. is with great honor that I have this opportunity system alone, but rather required a collabo- I am putting the Council of Khalistan's open to stand on the floor of this great Chamber rative approach which included public health letter into the RECORD. and acknowledge the celebration and occa- expertise. Dr. Fort's personal commitment to COUNCIL OF KHALISTAN, sion of the 80th Birthday of my constituent, Jo- this field brought about the creation of the San Washington, DC, April 8, 1998. seph Giguere. Francisco Department of Health's Center for AN OPEN LETTER TO THE PEOPLE AND GOVERN- Mr. Giguere of Southbridge, Massachusetts Special Problems and the Center for Solving MENT OF PAKISTAN: TO STOP INDIAN HEGEM- was born in St. AimeÂe in the Province of Que- Special Social and Health Problems. These ONY, RECOGNIZE KHALISTAN bec, Canada on March 19, 1918. His early Centers have reached thousands of individ- To the people and Government of Pakistan: years on his family's homestead in the coun- uals, and serve as a model for replication Your recent missile test is an unfortunate tryside surrounding Montreal instilled within throughout the United States and abroad. Not reminder of the tensions in South Asia. him a sense of hard work and determination, satisfied to stop there, Dr. Fort influenced a While it was a necessary response to India’s and loyalty to friends and family. These admi- generation of public health and social service drive to establish its hegemony over South rable qualities were carried with him when he professionals by taking his philosophy into the Asia, it is still an unfortunate event. We all emigrated to the United States at the age of classroomÐteaching at several universities on hope that South Asia will not once again eleven and helped him to persevere and fully subjects of drug abuse, criminology, ethics erupt into a war. India’s drive for hegemony shows in the re- acclimate himself to the American society that and conflict resolution. Dr. Fort's many cent statement by two BJP leaders that he proudly became a citizen of. His eagerness achievements have earned him numerous ac- Pakistan and Bangladesh should become part to learn a new language, while still observing colades, most notably the recent completion of of India. It shows in India’s military buildup. and respecting the strong French-Canadian Oral History of Joel Fort, M.D.: Public Health And it shows in India’s ongoing repression of heritage that had been ingrained in him, en- Pioneer, Criminologist, Reformer, Ethicist, and the minorities living within its artificial abled him to attain an education and skills Humanitarian by the Regional Oral History Of- borders. It has already murdered over 250,000 necessary for trade of a woodscraftsman. fice of the Bancroft Library, University of Cali- Sikhs since 1984. It has murdered almost Though it was the Depression, his father was fornia, Berkeley. 60,000 Muslims in Kashmir since 1988, over an entrepreneur and successfully started nu- 200,000 Christians in Nagaland since 1947, and Throughout this rich and varied career, Dr. tens of thousands of Assamese, Manipuris, merous enterprises, including broom factories, Fort always held his family as his top priority. Tamils, Dalits (‘‘black untouchables,’’ the butcher shops, and woodworking establish- Therefore, it is only appropriate that we join aboriginal people of South Asia), and others. ments. The skills that Mr. Giguere learned al- with his wife of 46 years, Maria Fort, and his You can help to end India’s drive for he- lowed for him to always find work to sustain three children and three grandchildren, in cele- gemony by recognizing Khalistan. Your rec- and contribute to his family. April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E659 Mr. Giguere married his sweetheart, Doro- REVEREND CARTER CELEBRATES received the Outstanding Faculty Award and thy, with whom he celebrated a 50th wedding 25 YEARS WITH FIRST BAPTIST the Outstanding Alumnus Award from MCG. anniversary and each day of their life together. CHURCH Dr. Watson also demonstrates exemplary They shared a love and friendship that many commitment outside of his career. He has would envy, as well as the blessing of six chil- HON. MAC COLLINS served the North Augusta athletic program for dren and many grand-children and great- OF GEORGIA over fifty years, by performing physicals and grandchildren. Mr. Giguere and his wife en- IN THE HOUSE OF REPRESENTATIVES caring for the injured. He also provided critical sured that all of their children, Richard, Mar- Thursday, April 23, 1998 assistance to his church, by helping to rebuild guerite, Roland, Therese, Paul, and Michael, Grace Methodist, one of South Carolina's larg- were raised appreciating the value of edu- Mr. COLLINS. Mr. Speaker, I rise to recog- est Methodist churches. cation, discipline, and tradition, all which they nize and celebrate the contributions of Rev- in turn have passed on to their own children. erend Charles Carter, senior pastor of the As Dr. Watson has no plans for retirement, Mr. Giguere also extended his good fortune First Baptist Church of Jonesboro. For the he continues to serve as an exemplary role and the warmth of his home to members of past 25 years, Reverend Carter and his wife, model for future generations. He is a dedi- his community and the parishioners at Notre Margaret, have led the church through explo- cated gentleman of high character, concerned Dame Church. In fact, stories abound of the sive growth, all the while inspiring those they with the needs of others and the community crowds of neighbors and friends who would touch with the important lessons of the Bible. he serves. Mr. Speaker, I ask that my col- come to Mr. Giguere's home to watch Milton Raised in Toccoa, Georgia, Reverend leagues join me in paying tribute to this out- Berle, Jackie Gleason, and Art Carney since Carter spent his time outside of school bag- standing individual, by recognizing the com- he owned the first television in the area. The ging groceries in his family's store and pump- mendable actions in all aspects of his life. laughter and happiness continues from those ing gas at his parents' filling station. He went nostalgic days, and ``PepeÂre'', as he is affec- on to study at Mercer University, and then at- f tionately referred to by his grandchildren and tended Southern Baptist Theological Semi- great-grandchildren, is always there to extend nary. After pastoring in Kentucky and North TRIBUTE TO THE UNIVERSITY OF a helping hand or a listening ear and his own Carolina, Reverend Carter brought his passion ILLINOIS WOMEN’S BASKETBALL perspective and encouragement. It is a great for preaching the Bible to Clayton County. TEAM pleasure to acknowledge Mr. Giguere today Under his leadership, First Baptist Church par- on the occasion of his 80th birthday. May he alleled the country's population boom with in- have many more happy and healthy years credible growth from a family of 1,600 mem- HON. THOMAS W. EWING ahead of him. bers in 1973 to an extended family of 6,400 OF ILLINOIS f members this year. With the growth, the church has had the op- IN THE HOUSE OF REPRESENTATIVES IN HONOR OF MR. DEE J. KELLY portunity to expand programming, particularly Thursday, April 23, 1998 for the community's youth. They also fund HON. MARTIN FROST missions to build churches in countries like Mr. EWING. Mr. Speaker, I rise today to pay OF TEXAS Guatemala and Venezuela. In 25 years, First tribute to the outstanding achievements of the IN THE HOUSE OF REPRESENTATIVES Baptist has operated under balanced budgets, 1997±98 University of Illinois women's basket- Thursday, April 23, 1998 even with a budget that has swelled to more ball team. With a ``Dare to be Great'' attitude, than $4 million. head coach Theresa Grentz challenges her Mr. FROST. Mr. Speaker, I rise today to A balanced budget is not the only lesson we players, coaching staff and those working with honor Dee Kelly, from Fort Worth, Texas, who should follow from the example of Reverend her to strive for excellence. Studying the is receiving the Blackstone Award on April 30, Carter. His belief in the importance of work is 1998, for consistent ability, integrity, and cour- 1997±98 record books, it seems to have paid motivation for us all. ``You do whatever it takes off. age as a lawyer. to get the job done. Forget your job descrip- Mr. Kelly grew up in Bonham, Texas, the tion. Forget what can be done and can't be The University of Illinois Women's 1997±98 son of a farmer and a mill worker. He knew as done. Do whatever it takes.'' basketball team was destined to soar to new early as high school that he wanted to practice Margaret Carter's involvement in the church heights. Their No. 5 ranking in December law. He became a friend of Speaker Sam is also inspirational. She is a partner in the marked the highest rankings ever by an Illinois Rayburn, who was his Congressman in truest sense, as she and her husband have team. Illinois earned a No. 3 seed, the highest Bonham, and spent some time working for the shared in the joys and responsibilities that in program history, and advanced to the Speaker on Capitol Hill. He completed his come with 25 years of heartfelt devotion to the ``Sweet Sixteen'' for the second consecutive bachelors degree at Texas Christian University church. year, an outstanding accomplishment. Senior in Forth Worth, Texas, and studied law at Jonesboro is privileged to have Reverend Ashley Berggren became Illinois' all-time lead- George Washington University at night while and Mrs. Carter in it's community. Although ing scorer with 22 points against Purdue. She he was working for the Speaker. After a few Reverend Carter will soon retire, his legacy of finished her career with 2,089 points, placing years in Washington, Mr. Kelly returned to guidance and inspiration will long survive his fifth all-time in the Big Ten. Fellow teammate Fort Worth to practice law. He began his own absence from the pulpit of First Baptist. and senior Krista Reinking set the Illinois firm in 1979, which now has about 80 attor- f record for three-point field goals made in a neys in Fort Worth and Austin. game while playing Minnesota. She closed out Mr. Kelly is not a stranger to awards and TRIBUTE TO WALTER G. WATSON her career with a total of 194 three-point field honors. He has won countless business and goals. Coach Grentz, who won her second civic awards, including the Horatio Alger HON. LINDSEY O. GRAHAM consecutive Big Ten Coach of the Year award, Award in 1995. He has been included in the OF SOUTH CAROLINA led her team to a nine game winning streak book Best Lawyers in America for seven years IN THE HOUSE OF REPRESENTATIVES spanning November 28 until January 16, the in a row. The Blackstone Award is special to second longest in program history. The 1998 him because it is given by his colleagues. In Thursday, April 23, 1998 senior class tied the class of 1984 for the all- addition to the long hours he maintains at his Mr. GRAHAM. Mr. Speaker, I rise today to time winningest class with 67 wins over four firm, Kelly, Hart & Hallman, Mr. Kelly serves congratulate and honor Dr. Walter G. Watson years. For this honor I would like to recognize on several corporate boards and has close of North Augusta, South Carolina. At the grad- the Senior players; Guard Ashley Berggren ties to his alma mater, Texas Christian Univer- uation ceremony, on May 6, 1998, Clemson from Barrington, IL; Guard Kelly Bond from sity, where the alumni center is named after University will present Dr. Watson with an Chicago, IL; Guard Krista Reinking from Deca- him. Many civil attorneys never receive the honorary degree. tur, IN; and Center Nicole Vasey from Lake widespread recognition that their colleagues in At 88 years of age, Dr. Watson remains a Zurich, IL. May their past successes continue criminal law receive, but Mr. Kelly is one of practicing physician. After graduating from the to follow them wherever they may go. Mr. the few who has. Citadel, he attended the Medical College of Speaker, I would like to thank the entire wom- My fellow colleagues, please join me in rec- Georgia (MCG), and later taught there. Be- en's team, Coach Grentz and all involved in ognizing Mr. Dee J. Kelly, a truly outstanding sides serving as chair of the OB/GYN depart- bringing such excitement and pride to the Uni- attorney and active member of his community. ment for most of his career, Dr. Watson has versity of Illinois. E660 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 CONGRATULATING DR. STANLEY tivesÐthe largest number in history. Bella the mass murders of the Bosnian conflict and NUSSBAUM would be proud. central Africa. Perhaps if more people had Those gains were made possible by women known the truth behind Armenia's tragedy, the HON. CAROLYN McCARTHY like Bella Abzug, women who fought their way world would have seen the warning signs, and OF NEW YORK into what was still a ``man's world.'' Bella prevented the subsequent genocides. Today IN THE HOUSE OF REPRESENTATIVES spent her career working to promote women's in 1998, ethnic cleansing threatens to reignite rights. After she left Congress she founded the in places like Kosovo. It is of utmost impor- Thursday, April 23, 1998 National Women's Political Caucus, a vital or- tance to acknowledge the Armenian genocide, Mrs. McCARTHY of New York. Mr. Speaker, ganization with the goal of promoting women's for its example is relevant more than ever I rise to congratulate Dr. Stanley Nussbaum, participation in government. As we look today. who is being honored by the Herbert Tenzer around the chamber today we can see the tre- I am a proud cosponsor of House Concur- Five Towns Democratic Club at its annual mendous progress we have made toward that rent Resolution 55, which honors the victims brunch on May 3, 1998. Stan is a dynamic po- goal. of the Armenian genocide and urges the litical leader, representing the community in With her trademark hats and her bold style, United States to be active in the struggle to my district known as the Five Towns on the Bella hit the ground running in Congress and bring recognition to this tragedy. local, state, and national levels. The residents never once stopped. As the daughter of immi- Today, Armenian grandparents are passing of my district have reaped the benefits of his grants and the first Jewish woman to serve in the story of Armenian suffering down to their commitment to the community, as he has al- the House, Bella never forgot who she was or families because they know the importance of ways put forth the needs and concerns of the where she came from. She spent her lifetime keeping the truth alive. We in Congress people of Long Island. looking out for those who were traditionally ex- should do our part too, to inform the public, to Stan's leadership is quite impressive. He cluded from the Washington power structureÐ recognize historical fact, and to honor those has been a member of the Nassau Demo- immigrants, minorities, and especially women. who suffered. cratic County Committee for twenty-five years, She fought to end U.S. involvement in Viet- f and served as President of the Five Towns nam. She fought for women's rights, civil THINK TANK PREDICTS NUCLEAR Democratic Club from 1978±1980 and then rights, worker protections. Bella served as a WAR BETWEEN INDIA AND PAKI- again from 1984±1990. He was Zone Leader voice for those who had been shut out of the STAN of Lawrence-Cedarhurst and in 1994 was process for far too long. elected as a New York State Committeeman. Before she came to the House in 1971, this HON. DAN BURTON An early supporter of President Clinton prior body had never seen the likes of Bella Abzug. OF INDIANA to his election, Stan proceeded to run and was We all know that we never will again. Bella IN THE HOUSE OF REPRESENTATIVES elected as a Clinton delegate for the 1992 was a true pioneer. Democratic National Convention. Currently, Every woman who walks these halls today, Thursday, April 23, 1998 Stan serves the Island as Assembly District and every woman who will follow us in the fu- Mr. BURTON of Indiana. Mr. Speaker, a Leader in the 20th A.D. ture, owes a tremendous debt to Bella for all very distressing article has just come to my at- In addition to his outstanding and extensive the barriers she broke. Bella, we thank you tention, thanks to Dr. Gurmit Singh Aulakh, involvement within the Democratic Party, Stan and we will never forget you. President of the Council of Khalistan. It is a is also very active in community affairs. Lo- f report from the April 17th issue of India cally, he served as President of the Five Abroad that the Rand Corporation, a widely- Towns Jewish Council, and has been a trust- TRIBUTE TO VICTIMS OF respected think tank, predicted that within a ee of the American Jewish Committee. Pres- ARMENIAN GENOCIDE few years, there will be a major war between ently, he is a trustee of Temple Beth El of India and Pakistan and that this war could in- Cedarhurst, and sits on the boards of the SPEECH OF volve nuclear weapons. American Committee of Israeli MIA's and the HON. JOSEPH P. KENNEDY II The prospect of a nuclear war in South Asia Conference of Jewish Organization of Nassau OF MASSACHUSETTS must be distressing to anyone. This event County. Stan is a life member of the American IN THE HOUSE OF REPRESENTATIVES could pose a major threat to the entire world. Dental Society. We should all commit ourselves to making Amazingly, Stan has managed to accom- Wednesday, April 22, 1998 sure that even if a war does break out, it is plish all of this and remain extremely devoted Mr. KENNEDY of Massachusetts. Mr. fought without the use of nuclear weapons. to his family including his wife, Toby; their Speaker, April 24 marks the 83d anniversary In its report, the Rand Corporation noted three children, Felice, Hillary and Larry; and of the beginning of one of the most terrible that ``the insurgency in Indian Kashmir has be- two grandchildren, Ananda and Sierra. chapters of human historyÐthe Armenian come unmanageable'' and that ``the insur- Dr. Nussbaum emulates the ideals of citi- genocide. gency has begun to spread into Punjab.'' The zenship in our countryÐthrough his concern From 1915 to 1923, over 11¤2 million Arme- Indian Government is fond of telling us that for others, his service to the community and nians perished at the hands of Ottoman Turks. there is no support for independence in Pun- active participation in our government. I wish As Peter Balakian documents in his book jab, Khalistan. Yet Rand Corporation, which to congratulateÐand thankÐmy good friend ``Black Dog of Fate'': has no interest in promoting either side, tells Stan, for all that he has done for me, my dis- Every day you heard about Armenians dis- us that the ``insurgency'' is spreading into Pun- trict, and Long Island. appearing. Shopkeepers disappearing from jab, Kahlistan. f their shops in the middle of the day. Chil- This disastrous scenario is one more reason dren not returning from school. Men not the United States, as the world's only remain- TRIBUTE TO THE LATE coming back from the melon fields. Women, ing superpower, should support freedom for HONORABLE BELLA ABZUG especially young ones, disappearing as they Khalistan, the Sikh homeland that declared its returned from the bath. independence on October 7, 1987, and the HON. ROSA L. DeLAURO But sadly, the Turkish government is prac- other nations in South Asia that are seeking OF CONNECTICUT ticing historical revisionism by denying that a their freedom. An internationally recognized IN THE HOUSE OF REPRESENTATIVES genocide took place. Even more regrettably, and independent Khalistan could serve as a Turkey continues its blockade of Armenia, at- buffer between both India and Pakistan. This Thursday, April 23, 1998 tempting to starve it of humanitarian aid and would be in the best interests of India, Paki- Ms. DELAURO. Mr. Speaker, last night a commerce. The United States should per- stan, the United States, and the whole world. number of my colleagues, led by Congress- suade Turkey to be a catalyst for truth and Mr. Speaker, it is time for this Congress to man JERRY NADLER and Congresswoman EL- peace in the region. Only with Turkey's co- go on record in support of a free and fair pleb- EANOR HOLMES NORTON, paid tribute to the operation and America's leadership will it be iscite on the political status of Khalistan. It is late Bella Abzug. I want to lend my voice to possible to move forward to bring peace and time to demand that India keep its promise theirs in honoring this remarkable woman. prosperity to the descendants of the victims made in 1948 to hold a plebiscite in Kashmir. It is particularly fitting that we honor her this and the survivors of the Armenian genocide. That is the democratic way to settle these week, after we watched two new women This period of ethnic cleansing was only the issues. It is also the best way to prevent members be sworn in. We now have 55 first of the twentieth century. It was to be fol- South Asia from becoming the tinderbox of a women serving in the House of Representa- lowed by the Holocaust of World War II and nuclear disaster for the entire world. April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E661 I would like to enter the India Abroad article unclear whether the weapon was intended to Delhi charged a few police officers who com- into the RECORD, and I strongly urge my col- go off over Pakistani or Indian territory.’’ mitted the most visible abuses. Yet despite a leagues to read it carefully. India responds by destroying a Pakistani air Supreme Court order that the police officers base with a two-weapon nuclear attack. [From India Abroad, Apr. 17, 1998] Condemning the ‘‘escalation’’ to homeland who kidnapped human-rights activist Jaswant Singh Khalra on September 6, 1995 be in- THINK TANK PREDICTS INDIA-PAKISTAN WAR attacks, Pakistan then attacks the Indian dicted, the Akali government proudly boasts (By Aziz Haniffa) city of Jodphur with a 20-kiloton weapon and demands cessation of hostilities. that no action has been taken against any po- WASHINGTON—A scenario prepared for the But India strikes Hyderabad with a weapon lice officer. Pentagon by the semi-official Rand Corpora- assessed to be 200 kiloton and threatens ‘‘10 Earlier this month, members of the Khalra tion, a highly regarded think tank which re- times’’ more destruction if any more nuclear ceives some Federal funding, finds large- Committee had their tires slashed by the po- weapons are used during the conflict. Paki- lice during a court hearing. Mr. Khalra's wife, scale humanitarian operations in a nuclear stan then offers a cease fire. combat zone in South Asia following the Meanwhile, according to the scenario, Paramjit Kaur Khalra, has been falsely year 2005, which is fueled by an ‘‘unmanage- ‘‘pictures and descriptions of the devastation charged with bribing a witness, who is now able’’ situation in Kashmir. in Jodhpur and Hyderabad are broadcast under police protection. Two other witnesses The scenario, contained in Rand’s report worldwide, and Internet jockeys—playing have also had their rights infringed. Kikkar titled ‘‘Sources of Conflict in the 21st Cen- the role ham radio operators often have in Singh was falsely implicated in two cases, and tury: Regional Futures and U.S. Strategy,’’ other disasters—transmit horrifying descrip- PHRO Vice Chairman Kirpal Singh Randhawa paints a picture where ‘‘the insurgency in In- tions of the suffering of the civilian victims dian Kashmir has become unmanageable,’’ so recently wrote to the Chief Minister and the on both sides.’’ President of the World Sikh Council exposing much so that ‘‘despite the best efforts of the This results in the United Nations imme- Indian government, the insurgency has diately endorsing a massive relief effort, a police conspiracy to eliminate him. begun to spread into Punjab.’’ ‘‘which only the United States—with its air- In March, a 17-year-old Sikh girl named ‘‘Recognizing that it has been left behind lift fleet and rapidly deployable logistics ca- Hardip Kaur was gang-raped by four police- in its conventional military competition pability—can lead.’’ men. In February , two Sikh youths were ar- with India,’’ the scenario notes, ‘‘Pakistan Thus, within 48 hours—after the cease-fire rested while riding their bicycles in front of a sees these revolts as a way of weakening its has been accepted by India but before it is Gurdwara (a Sikh temple.) Also in February, a great rival and increases its material and firmly in place—‘‘the advance echelons of diplomatic support, including training and Sikh named Malkiat Singh died from torture by multinational, but predominantly American, the police at the Ahmedgarh police station. sanctuary, to both insurgencies.’’ relief forces begin arriving in India and By early the following year, it predicts, Pakistan.’’ Plainclothes police even occupy the Golden ‘‘Pakistan’s involvement—never precisely In noting the constraints in such a sce- Temple in Amritsar, the holiest of Sikh shrines, subtle to begin with—becomes highly visible nario, the Rand report notes the war has ren- which was the scene of a brutal desecration when two Pakistan soldiers, acting as train- dered many air bases in both India and Paki- and massacre by the Indian military in June ers for Kashmiri insurgents, are captured in stan only marginally usable for airlift oper- 1984. an Indian commando raid on a rebel-con- ations. Even Justice J.S. Sekhon, a member of the trolled village.’’ ‘‘U.S. citizens,’’ it states, ‘‘are scattered According to the scenario, ‘‘India warns government-appointed Punjab Human Rights throughout both countries, and the host gov- Commission, expressed his concern about po- Pakistan to desist from supporting the ernments’ attitudes toward their evacuation insurgencies and threatens dire con- are not known.’’ lice behavior. He said that his commission has sequences. Pakistan initiates diplomatic ef- The U.S. President meanwhile has assured received 90 complaints about police mis- forts to isolate India while increasing levels the nation in a broadcast address that only conduct. Some incidents have resulted in of covert support for the insurgents.’’ In the the ‘‘smallest practical number’’ of troops death. This does not sound like the way a de- spring of 2006, the scenario shows that ‘‘India will be deployed on the ground in either mocracy operates. Justice Bains is right. Pun- dramatically increases its counter-insur- India or Pakistan. gency operations . . . and the rebels are jab is a police state. I call upon the Punjab In a preface to the report, Rand said the government to begin prosecuting police, to pushed into precipitate retreat.’’ study, sponsored by the Deputy Chief of Pakistan’s response, it says, is ‘‘by infil- Staff, Plans and Operations, ‘‘was intended bring in independent human-rights monitors, to trating a number of special-forces teams, to serve Air Force longrange planning release all Sikh political prisoners, and to which attack military installations.’’ needs.’’ begin observing the basic rights of all human India then mobilizes for war ‘‘and launches It said the ‘‘findings are also relevant to beings. If it will not, America should ban all major attacks all along the international broader ongoing debates within the Depart- trade with Punjab and demand an internation- border, accompanied by an intense air cam- ment of Defense and elsewhere.’’ ally-supervised plebiscite on independence for paign.’’ Consequently, according to the Rand sce- f Punjab, Khalistan. These are the best steps we can take to insure that the rule of law and nario, ‘‘the Indian Army makes significant PUNJAB IS STILL A POLICE STATE penetrations in the desert sector and the glow of freedom finally come to the Sikh achieves a more limited advance in Punjab, UNDER AKALI RULE homeland. capturing Lahore and heading north toward I am placing the Council of Khalistan's letter Rawalpindi and Islamabad.’’ HON. EDOLPHUS TOWNS to Mr. Dogra into the RECORD. Additionally, ‘‘a supporting attack from OF NEW YORK Kashmir is poised to go at the proper mo- [Open Letter to Punjab DGP Dogra From Dr. ment,’’ and conventional missile and air IN THE HOUSE OF REPRESENTATIVES Gurmit Singh Aulakh, President, Council strikes ‘‘have done extensive damage to Pak- Thursday, April 23, 1998 of Khalistan, April 16, 1998] istani military infrastructure, while India’s PUNJAB ISA POLICE STATE—END POLICE air bases, in particular, have been hit hard Mr. TOWNS. Mr. Speaker, we had hoped ABUSES NOW! by the Pakistanis.’’ that the election of a new Sikh-led government MR. DOGRA: Recently Justice Ajit Snigh The scenario notes that ‘‘fearful that the in Punjab would end the tyranny that has Bains, the chairman of the Punjab Human Indians will use their emerging air superi- reigned there. Unfortunately, that has not been Rights Organization, described Punjab as a ority to locate and destroy the Pakistani nu- the case. Former Justice Ajit Singh Bains, police state. He is right. Your police have clear arsenal and perceiving their military chairman of the Punjab Human Rights Organi- murdered, raped, tortured, and secretly cre- situation as desperate,’’ Islamabad demands zation (PHRO), recently described Punjab as mated tens of thousands of Sikhs since 1984. Last week the human-rights community in that India cease all offensive operations and a police state. As the Council of Khalistan re- withdraw from occupied Pakistani territory Punjab met with the Chief Minister. They ‘‘or face utter destruction.’’ cently pointed out in a letter to Punjab police detailed numerous abuses of human rights by But it paints a picture of India pressing on chief P.C. Dogra, Punjab remains a police the police. Your police slashed the tires of with its conventional attacks while an- state even under the rule of the Akali Dal. Khalra Committee members. The Supreme nouncing that while it would not ‘‘initiate Since the Akali government took power in Court ordered the indictment of the police the escalation of the conflict,’’ it would March last year, over 100 atrocities have been officers who kidnapped Jaswant Singh ‘‘surely respond in a * * * devastating man- documented, including murders, rapes, and Khalra on September 6, 1995, yet they are ner’’ to any Pakistani gambit. many instances of torture by the Punjab po- still at large. Mr. Khalra’s whereabouts re- Bringing in the nuclear dimension to its main unknown. Mr. Khalra published a re- scenario, the Rand report then notes that as lice. The Akali government has not freed any port exposing the police tactic of abducting Indian forces ‘‘continue to press forward, of the Sikh prisoners held in illegal detention, Sikhs, torturing and killing them, then de- Pakistan detonates a small fission bomb on some since 1984, nor has it brought charges claring their bodies ‘‘unidentified’’ and cre- an Indian armored formation in an unpopu- against even a single policeman. Even the mating them. For this, the late Tarn Taran lated area of the desert border region; it is Congress Party governments in Punjab and police chief, Ajit Sandhu, threatened that E662 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 ‘‘We made 25,000 disappear. It would not be Only when the fundamental rights of all cations, broadcasting, and multimedia, car- hard to make one more disappear.’’ It has people are observed can any country call rying consumers from the analog world of been two and a half years since Mr. Khalra itself democratic and free. We Sikhs are The Ed Sullivan Show to the digitally super- was kidnapped. When will your police take moving towards true democracy and freedom charged computer games of Sega Saturn. responsibility? in our homeland, you can either help in that Like all transitions, this event isn’t mono- Kikkar Singh, who is a witness in the process or hinder that process. So far you lithic, and it isn’t pre-programmed. As the Khalra case, was falsely implicated in two have done the latter, I hope for the sake of laboratory tools of digital conversion and cases and remains in jail. Kirpal Singh your own conscience, you begin to do the compression become available at a price that Randhawa, Vice-Chairman of the Punjab former. makes them salable, programmers, movie Human Rights Organization, is a witness in It is your responsibility to end the police studios, producers, and advertisers are apply- the Khalra case. He wrote to the Chief Min- tyranny in Punjab, otherwise, history and ing their creative genius to the new delivery ister and the President of the World Sikh the Sikhs will never forgive you. system. Council exposing a police conspiracy to PANTH DA SEWADAR, A simple comparative glance at a digital eliminate him. These illegal actions show DR. GURMIT SINGH AULAKH, television picture and an analog picture will the lengths that the police will go to in the President, Council of give you a hint of how drastic the improve- effort to cover up their own responsibility Khalistan. ment really is. The superfine visual and for the reign of terror that has engulfed Pun- f audio quality is brought to you thanks to a jab. technology chain that links satellite mak- Just in the last year, over 90 atrocities by CHALLENGES AND OPPORTUNITIES ers, cable operators, content providers, and police have been documented in Punjab. Last IN THE DIGITAL ERA electronic manufacturers. month, a 17-year-old Sikh girl named Hardip Even telephone companies like GTE (which Kaur was waiting for a bus to take her to her recently bid to buy Internet service provider family’s village. She was offered a ride by HON. DARLENE HOOLEY BBN Corp. for $616 million) and US West are two police officers, and this innocent young OF OREGON fast expanding beyond their traditional de- girl accepted. She was taken to a house IN THE HOUSE OF REPRESENTATIVES livery mediums. Digital technology will where these officers and two other police of- Thursday, April 23, 1998 make packaging offerings of wireless serv- ficers gang-raped her all night. In February, ices such as paging and data transfer more Malkiat Singh of the village of Bisgawa died Ms. HOOLEY of Oregon. Mr. Speaker, I rise widely available. from torture inflicted by the Inspector and today to submit an article to the RECORD enti- In a sense, the perceived needs of the con- Sub-Inspector of the Ahmedgarh police sta- tled ``Digital Watch; The Big Picture'' by Jerry sumer are driving this revolution into a digi- tion. In February, two Sikh youths who were Meyer, the Chief Executive and President of tal state of high quality and dependability. riding their bicycles in front of a Gurdwara It is no longer enough to deliver the con- were picked up by your police and stuffed Tektronix, a global high-technology company based in Wilsonville, Oregon. This article de- sumer to another technology barrier. into a police jeep. They are accused of being Motorola’s global scale Iridium project is militants, but the residents of their village scribes the challenges and implications of the just one attempt to deliver digital tech- say that these charges are unfounded. These transition to the digital transmission of tele- nology into a world marketplace. are just some of the most recent incidents. vision, telecommunications and information Are consumers responding? How can a country that operates this way technology signals. Without a doubt. Although just 150 com- call itself a ‘‘democracy?’’ Directed by Congress in the Telecommuni- mercial satellites spin overhead today, you It is a well-known fact, reported by the cations Act of 1996, the Federal Communica- can expect to find the sky cluttered with al- U.S. State Department, that police officers most 2,000 of them in just seven years. When have received cash bounties for killing inno- tions Commission mandated a ten-year period you consider that that could provide a mar- cent Sikhs. It was in pursuit of one of these for the transition from analog to digital broad- ket of more than 1 billion people, it’s no bounties that the police murdered a three- casting. wonder media moguls like Rupert Murdoch year-old child and claimed that he was a This industry imperative to disseminate the are running hard to put in place the content ‘‘terrorist.’’ Do you consider that acceptable new technology has not necessarily created and capability to service those markets. police practice? an instant demand for digital products, but it There are an estimated 50 million people Your police even continue to occupy the surfing the Internet. Last year, computer Golden Temple, the holiest of Sikh shrines. has driven the development of remarkable sales outpaced those of televisions. At the It has been fourteen years since the desecra- new interactive technologies. tion and massacre known as Operation Mr. Meyer, whose firm is a global distributor same time, it is clear that the consumer is Bluestar. There is no better illustration of of high technology components, including test- not wedded to a particular delivery system the fact that there is no place for Sikhs in and will shop for price and quality. ing and interactive video equipment, is in an The mad scramble for digital conversion India’s ‘‘secular democracy.’’ ideal position to observe trends in the digital During a recent visit to Punjab and has created dynamic responses, but it has industries. also caused some confusion. From my van- Chandigarh, Canadian Revenue Minister While emphasizing the unpredictability of Herb Dhaliwal said that only when the prob- tage point at Tektronix, I am able to meas- lem of harassment of people and insecurity these new markets, his article offered me a ure the needs of the people who are using of property is solved will outsiders be en- clear perspective on the possibilities that digi- digital technology everyday. As demand couraged to invest in Punjab. He called for tal broadcasting creates and the scramble now grows for better ways to test and measure democratic change. It is you and your police taking place to capitalize on those opportuni- the digital stream of information—whether force that can end the harassment and abuse ties. Thus, I am inserting this article into the into a TV or onto a computer screen—I see of human rights. Only then will the door be some patterns and possible pitfalls. RECORD and commend it to all of my col- The debate over whether consumers will open for real democracy to function in Pun- leagues for its reasoned approach to the new jab. use their televisions or their computers for Recently, Justice J.S. Sekhon, a member digital era. digital images ends up being about ease of of the government-appointed Punjab Human DIGITAL WATCH: THE BIG PICTURE use. Whether my ‘‘network appliance’’ is Rights Commission, said that he is worried (By Jerome Meyer) made by Sony or Philips or comes mail order from Dell or Compaq doesn’t really matter. about the inhuman behavior of the police. He Even if you’ve heard the hype and seen the What matters to the consumer is: Is it better noted that the police have been torturing product demos—amazing color and clarity, than what I already have? Does it cost more people in the police stations and that the law images so real they look almost 3D—chances or less? What programming or content will it does not allow this. Even though militancy are you haven’t given much thought to their give me access to? has yielded to peace in Punjab, he said, his consequences. Most people never worry commission has received 90 complaints Some pundits and news media would have about how a broadcast signal reaches their us believe that 90 million television owners against the police. Justice Sekhon said that television set or computer terminal, and the commission is taking a serious view of are going to drive down to the store Monday most don’t have to in order to lead profit- these complaints, especially those that re- morning and buy brand new digital tele- able, happy lives. Yet the move from a world sulted in death in police custody. He added visions. Current prices for the screens make of analog signals to a digital version, raises that the police must be more cooperative that unlikely, but just as with the VCR, a host of questions. Just how much will con- and humane towards people. What further when consumers finally get a glimpse of sumers shell out for enhanced quality? Who proof is needed? Punjab is a police state. something that is demonstrably better—and As Justice Sekhon said, your police force will deliver it to them? With telephone com- digital is—computer makers and consumer has a long way to go before it begins to re- panies, Internet service providers, and media electronic makers will have a great oppor- semble the law-enforcement arm of a free powerhouses all scrambling for a ride on the tunity. Most large-scale manufacturers are state. As the Director General, you bear ulti- wave, what will the much-heralded ‘‘digital already making plans for the 10-year analog mate responsibility for these crimes. Even world’’ of the future really look like? to digital changeover mandate by the FCC. your own allies are exposing the reign of ter- NOW YOU SEE IT, NOW YOU DON’T Already, computer makers and their chip ror that you police have imposed on the A virtual hurricane, the digital revolution allies, like Intel, see an advantage to being hardworking people of Punjab. is sweeping the worlds of telecommuni- on the consumer’s desktop. And, of course, April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E663 our Pacific Northwest neighbor, Microsoft, size, and standards. By embracing open the consumer will be clamoring for the best has taken advantage of the way your appli- standards of technology—a concept similar technology at the best price. The challenge ance works in order to serve up information, to that of everyone agreeing on grades of for the consumer electronics industry is to news, and data. Microsoft recently dem- gasoline—the PC business boomed; even the deliver it. onstrated its desire to be part of the ‘‘screen Goliath IBM learned a lesson trying to hang f experience’’ by paying $425 million for onto standards, while companies like Dell WebTV and $1 billion for a stake in cable op- Computer, Compaq, and Microsoft gave new LETTER CARRIERS AGAIN SPON- erator Comcast. meaning to the mixing of technology and SOR FOOD DRIVE FOR NATION’S Your future Internet experience—whether growth. at home or at your place of business—will In terms of going digital, Murdoch’s Fox NEEDY not be rooted in the appliance, but in the television network is the most aggressive en- value it adds to your work or social life. tertainment company. They are using the HON. GERALD D. KLECZKA Business-to-business on-line commerce is al- digital shift to bring costs down as well as to OF WISCONSIN ready beginning, and structures are now build a satellite distribution network that being built to handle grocery shopping, edu- stretches around the globe. I get a first-hand IN THE HOUSE OF REPRESENTATIVES cational material, and banking for consum- look at what these companies want to do be- Thursday, April 23, 1998 ers. The growth in e-mail tells me that peo- cause they’ve got to know what the tech- ple want to communicate with each other, nology can do before they deploy it. Whether Mr. KLECZKA. Mr. Speaker, again this year, but it also offers a way to transform learning transmitting stock prices or television pro- as they have for countless years in the past, and education. grams, you have to use technology to deliver letter carriers from around the country will col- Applications will continue to drive the dig- it to the customer. lect nonperishable food items placed near ital marketplace, with technical solutions Right now, other broadcasters (CBS, NBC, their customer's mail boxes on Saturday, May always playing catch-up to the needs and de- and ABC) are steering a conservative course. 9. The food will then be given to local food sires of the consumer. Continuing price pres- There’s some good reason for this. They have pantries for distribution to those in need. Letter sure and the persistent need to lower costs— all been through the cable wars and were whether through falling chip prices or sink- told that their traditional dominance would carriers in my hometown, Milwaukee, collected ing telephone charges—will also spur the dig- be washed away like Gilligan and his friends. the largest amount of food nationwide in their ital conversion. With a massive capital spending campaign to efforts of May, 1997. But this urge to go digital isn’t without its finance this government-mandated switch- The National Association of Letter Carriers, pitfalls. Intense efforts and great spending over from analog to digital transmission, no in conjunction with the United States Postal by some of the best and brightest companies one wants a false start. Service and the United Way, will kick off this has yet to secure a business model where the The market players know that digital will year's food drive in Milwaukee with a press consumer will pay enough money to make be the de facto standard in the next century. conference on Thursday, May 7th, to raise sophisticated, costly technology a worth- Ditigal technology will allow companies to while business investment. Interactive tele- provide more information to consumers as community awareness of this very worthwhile vision trials are now showing the promise well as create challenges relating to costs project. they once had, though other kinds of digital and development. The digital world will blur I rise today, Mr. Speaker, to ask my col- interactive technology is securing a market. the lines between data and video on a com- leagues to enthusiastically support the letter Digital editing and digital transmission of puter screen and the entertainment and news carriers' food drives in their hometowns and images and sound are no longer revolution- we have grown accustomed to on our tele- districts, and to remind my fellow residents of ary. vision sets. Milwaukee and Waukesha Counties to con- The fact that it is my own inclination to SWITCHING CHANNELS sider buying a few extra canned goods and actually go to the movies with my wife, One clear benefit of the digital world will nonperishables while doing the weekly grocery rather than rent a video as our children do, be greater choice. Individuals will be able to underscores the point that all consumers— shopping the week before the 7th. Together, personalize the kinds of information they re- we can ensure that this year's food drive is as and all businesses—don’t embrace change at ceive as well as the medium they want to the same speed. The ‘‘rush’’ to replace the use. Hand-held digital telephones with news, successful as those which came before. analog technology of vacuum tubes with the messages, Internet connections, as well as With a little help from all of us, our local high-speed elegance of chips and computers the more mundane tasks of scheduling, tele- food pantries will be stocked full and maybe has taken time, and that will continue. phoning, and electronic files will be packed even over-flowing, for this summer, a time My perspective is perhaps a little different into small cost-effective devices. than most, because I’ve been able to see how when pantries are often put to the test. Companies such as Motorola, Ericson, and f technology has become more and more a con- Sony will lead the consumer charge in this sumer product. Turning out oscilloscopes for area, but an entire behind-the-scenes tech- the U.S. Navy—our old business—isn’t ex- CONGRATULATIONS TO GIRL nology deployment will have taken place— SCOUT COUNCIL HONOREES actly the kind of thing that gets you head- unseen by the average customer. Digital lines, unless there is a war on. But the ini- standards provide the framework for all the tial concept of testing and measuring the information traveling the airwaves. As HON. ROBERT MENENDEZ quality and consistency of technology is at broadcasting, production, and distribution OF NEW JERSEY the root of this digital revolution—and that players battle for consumers, they will all be IN THE HOUSE OF REPRESENTATIVES just happens to be our business. using digital tools for combat. Traditional THE DIGITAL WATCH broadcasting will be using two-way tech- Thursday, April 23, 1998 When you see a digital television picture nology to connect with viewers; production Mr. MENENDEZ. Mr. Speaker, it is with you’ll know it. The clarity and quality is companies will have new video and audio ca- great enthusiasm that I congratulate Janet downright amazing, and some digital broad- pabilities to engage the audience; and dis- casting currently being received by digital tribution will follow the customer from room Haynes, Gail Thompson and the Matsushita set-top boxes looks almost 3D. Even with to room and from city to city. Electric Corporation of America for their selec- current standard televisions, signals trans- Imagine video technology at a reasonable tion as honorees at this year's Women of Dis- mitted digitally via a satellite make Thurs- price, bundled, as part of a wider array of tinction Luncheon, sponsored by the Girl day night’s Seinfeld episode shine even technology information choices. One channel Scout Council of Greater Essex and Hudson brighter. might be news; another might be a conversa- Counties. This year's luncheon will take place The big question has never been, ‘‘Gee, is tion with co-workers or family members. on April 23 at the Holiday Inn/North in Newark, this neat stuff?’’ The real question that Digital technology literally unleashes whole NJ. keeps companies like Intel, Sony, and new combinations of images and sounds that TimeWarner up at night is: ‘‘How much will can go anywhere and be transported for a Janet Haynes, who will receive the Girl consumers pay for this technology?’’ fraction of their traditional cost. While the Scout World of People award, is a native of Several events have coincided to make this corporate landscape will be dominated by Jersey City. She serves as country clerk for a particularly exciting shift for the industry. some of the same players competing today, the County of Hudson. Through her election to Not only are huge sums of money being it is fair to say that everyone is watchful of this post, she became the highest ranking Afri- spent on a variety of new delivery systems, new entries. As digital technology becomes can-American official in the history of Hudson but government deregulation also throws more and more pervasive, it also will present County and the only African-American to serve these new technologies into the push-and- new opportunities for startup and new ven- as county clerk in the state of New Jersey. pull of the marketplace. tures. When telephone deregulation started back Whether it is video browsers that let com- A former girl scout, Haynes is actively in- in the mid-1980s, the personal computer was puter users watch full motion, digital video volved in volunteer work. She has served as outside the reach—and want—of most people. with sound, digital signals sent via sat- the chairperson and vice-chairperson of the Technology issues revolved around speed, ellites, or new digital transmission towers, board of directors of the Hudson County E664 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 Health Systems Agency and is also chair- their perseverance these past 45 years. Con- first twenty-five years after its organization in person of the United Way of Hudson County. gratulations! 1883, Second Baptist depended upon its faith- Gail Thompson, who will received the Girl f ful worshipers for sustenance, until a major Scout World of Today and Tomorrow award, is building project was completed in 1907 under a registered architect who currently serves as TRIBUTE TO GORDON BINDER the pastorate of Rev. Henry Brown. This site vice-president of design and construction, for saw the growth of the church over its first the New Jersey Performing Arts Center, New- HON. BRAD SHERMAN ninety-six years, until the cornerstone for the ark, NJ. Thompson, who holds a degree in ar- OF CALIFORNIA current church at Youngs Ditch and chitecture from the Pratt Institute, Brooklyn, IN THE HOUSE OF REPRESENTATIVES Scheurmann Roads was laid by then-pastor NY and a master's degree in real estate and Thursday, April 23, 1998 Rev. Marvin A. Jennings, Sr. finance form Rutgers University, Newark, has Mr. SHERMAN. Mr. Speaker, I rise today to The mortgage on this property was paid in also served as assistant vice-president of fa- full last year, culminating the project that was cilities planning and development at the Amer- pay tribute to Gordon Binder for his leadership of Amgen Corporation and his continued com- started by Reverend W.L. Daniel, who was the ican Stock Exchange. pastor in 1964. In addition, Thompson is very involved with mitment to bringing science and technology into the community. Pastor Seth Doyle has led the church since volunteer work. A commercial pilot and flight May 11, 1986. He has overseen the establish- instructor, Thompson has been actively in- Calvin Coolidge once said, ``Education is the result of contact. A great people is produced ment of a day care center, a ministry mission volved in exposing minority youth to aviation. to Zimbabwe, and the on-going spiritual She is the founder of a summer aviation camp by contact with great minds.'' As CEO of one of America's leading genetic engineering firms, growth of the Bay City community. Pastor for high school students. Doyle wants Second Baptist Church to be a The Corporate Award is being given to Gordon Binder and his corporation have dedi- cated themselves to fulfilling President Coo- vital, vibrant beacon in the community, which Matsushita Electric Corporation of America, lo- it has been, and most assuredly will continue cated in Secaucus, NJ. Matsushita has con- lidge's call to educate the community. Gordon has not only continued to expand Amgen's re- to be. sistently made generous contributions to the Mr. Speaker, I urge you and all of our col- Girl Scouts, and their employees have been search and development capabilities, but he has also initiated a number of innovative com- leagues to join me in wishing Pastor Doyle active volunteers in many Girl Scout pro- and the entire congregation of Second Baptist grams. munity outreach programs, bringing science to the community. Church a most joyous and blessed 115th anni- I would like to congratulate all three of the versary. We join them in their prayer to con- recipients for their work with the Girl Scouts Some of these programs include the Amgen Staff Community Involvement Program (SCIP), tinue to look to God for strength, guidance, and wish them continued success in all of and direction. their endeavors. in which the services of Amgen's talented staff are made available to non-profit organizations f f or to needy individuals for community improve- CONGRATULATIONS TO PRACA ment projects. In another program developed CUDAHY HIGH SCHOOL BAND, FOR 45 YEARS OF LEADERSHIP under Gordon's leadership, Amgen presents STILL MARCHING STRONG IN THE PUERTO RICAN COMMU- five $10,000 Amgen Awards for Teacher Ex- AFTER 75 YEARS NITY cellence each year. Amgen also provides evening science lectures for local high school HON. GERALD D. KLECZKA ´ students and administers a Mobile Laboratory HON. NYDIA M. VELAZQUEZ OF WISCONSIN OF NEW YORK Program that teaches students to perform IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES real-life gene cloning experiments right in their Thursday, April 23, 1998 own classrooms. Thursday, April 23, 1998 Â In addition to his work at Amgen, Gordon Mr. KLECZKA. Mr. Speaker, I rise today in Ms. VELAZQUEZ. Mr. Speaker, I rise today also serves on the Board of Directors of the to pay tribute to the Puerto Rican Association tribute to the past and present members of the Pharmaceutical Research and Manufacturers Cudahy, Wisconsin High School Band who will for Community Affairs (PRACA) and congratu- Association, Pepperdine University, and Cal late this worthy organization on the occasion mark the band's 75th anniversary with a series Tech. He also is Chairman of the Bio- of events and concerts the weekend of May of the First Annual PRACA Awards. I ask my technology Industry Organization and Past colleagues to join me in congratulating 16 and 17, 1998. President of the American Cancer Society One of the four oldest bands in the greater PRACA as they celebrate their forty-fifth year Foundation. of leadership in New York City's Puerto Rican Milwaukee area, the Cudahy High School's Mr. Speaker, distinguished colleagues, 75th Anniversary Gala will truly be a special and Latino community on May 1st, 1998. please join me in paying tribute to Gordon PRACA was founded in 1953 during the event. Former conductors, alumni, distin- Binder for his visionary leadership of Amgen guished guests and dignitaries will be on hand height of the Puerto Rican migration to New Corporation and his efforts, in our community York City. At that time there were few organi- for the festivities and, in some cases, will even and across the country, to make innovations in join the current musicians! zations that helped newly-arrived Puerto Rican science and technology available to thousands families adjust to the city's fast lifestyle, while All of the members of the Cudahy High of high school students. School Bands, which now include the Wind helping them maintain their culture, values and f traditions. PRACA was in the forefront of a Ensemble, Symphonic Band, Concert Band, movement, creating social service programs HAPPY 115TH ANNIVERSARY, Marching Band, Jazz Ensemble, and Pep dedicated to the enrichment of the Puerto SECOND BAPTIST CHURCH Band, are to be commended for their many Rican community. In the years that followed, accomplishments over the years. The March- PRACA continued this work and extended the HON. JAMES A. BARCIA ing Band has been named the State Cham- pion in its class in 1989, 1990, 1996 and same services to other newly-arrived Latino OF MICHIGAN 1997. The band has qualified many members families. IN THE HOUSE OF REPRESENTATIVES Today, PRACA's programs range from chil- for the State Honors Band, State Honors Or- dren and families services to adoption, edu- Thursday, April 23, 1998 chestra and State Honors Jazz Ensemble cation and housing programs. Over the years, Mr. BARCIA. Mr. Speaker, the ability to en- since beginning Honors participation in 1977. they have been consistent in their mission dure provides a sense of power to any entity, Members of the band have an outstanding while continuing to meet the diverse needs of and it instills confidence in those who belong solo and ensemble record at both State and the Puerto Rican and Latino community. to an organization. Nothing is more reassuring District level competitions. PRACA has assisted families in understanding than the endurance of religious faith as evi- With all of this in mind, Mr. Speaker, I truly their new culture as well as preserving their denced by the long history of one's church. look forward to joining the Cudahy High history, language and cultural heritage. The congregation of Second Baptist Church in School Bands at their 75th Anniversary Gala PRACA has helped reduce barriers, promote Bay City Michigan, is proud of its Church, in May. I know that all Cudahy's residents will advancement and improved the lives of thou- which will be celebrating its 115th anniversary mark that weekend to say a heartfelt ``thank sands of families in New York. this weekend. you'' to the band members and directors for all In closing, I ask you to join me in saluting The history of Second Baptist Church is an of their entertainment in parades, concerts and PRACA for their vision, their leadership and inspirational story of accomplishment. For the athletic events over the years. April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E665 TRIBUTE TO DR. CONRAD L. beat as a Detroit police officer. At the same Services and then Director of the Office of MALLETT, SR. time he enrolled in college full time. Neighborhood Relations. ``I say with some pride that the years from In 1973, he was named Vice President for HON. JOHN CONYERS, JR. 1952±57 were the most productive of my life. Academic Affairs at Wayne County Commu- I married, we had three children and I com- OF MICHIGAN nity College, Michigan's largest community pleted college and worked full time. Had it not IN THE HOUSE OF REPRESENTATIVES college. He served in that position until 1977 been for my wonderful wife, I would not have when Detroit Mayor Coleman A. Young, the Thursday, April 23, 1998 been able to do any of those things,'' he said first African-American Mayor of Detroit, tapped of those years. With the exception of one year Mr. CONYERS. Mr. Speaker, I rise today to him to be director of the Detroit Department of when he received a scholarship from the Mott pay tribute to Dr. Conrad L. Mallett, Sr., presi- Streets, Traffic and Transportation. Six years Foundation, he always held full-time jobs while dent emeritus of Capital Community-Technical latter, academia called again. Dr. Mallett left earning his undergraduate and post graduate College in Hartford, Connecticut. A noted edu- Detroit to serve as Vice President for Aca- degrees. Today he holds a B.S. in Education cator, historian and culture bearer, Dr. Mallett demic and Student Affairs at the Community and an Ed.D. in Education Administration from entered the arenas of education and govern- College of Baltimore, a position he held until Wayne State University and an M.A. in Amer- ment service to press the fight for justice and 1985 when he was appointed President of the ican History from the University of Michigan. equality for America's oppressed and over- Capital Region Community College District in The young ambitious father and husband looked citizens. Hartford, Connecticut. Upon the dissolution of was driven to succeed because, as he ex- Although he and his wife, Dr. Claudia Jones the regional district, he was appointed Presi- plained it, ``I come from a generation that had Mallett, have spent the past 13 years in Con- dent of the Greater Hartford Community Col- as its goal surviving, dealing with a racist soci- necticut, Dr. Mallett grew up and was edu- lege. In 1992, he became the first President of ety, dealing with prejudice. We just tried to cated in my hometown of Detroit, Michigan. Capital Community-Technical College, a com- make it day to day. That's where we first met. Our friendship has prehensive, publicly funded two-year college ``Today I take great pride that my grandchild continued since. program offering career, technical and transfer can say, `I will be the next Bill Gates or a doc- Dr. Mallett is an African-American historian programs. On June 30, 1996, he retired as tor or a lawyer.' Those goals were not as ac- who still believes that our nation can live up to president emeritus. its glorious promises; he is a husband, father cessible in the 1940s and 50s as they are and grandfather who takes great joy in seeing now. I was always looking for a better quality Recipient of many academic honors and his offspring dream dreams that he could not of life, one with some dignity and respect.'' leadership awards, he was named Educational even imagine as a poor, black child raised by Dr. Mallett still remembers how his high Administrator of the Year by the Black Edu- a widowed mother in the segregated South school counselor tried to steer him into car- cational Administrators Association while at and later the intransigently rigid North. pentry even though he had expressed an in- Wayne County Community College. The Dr. Claudia Jones Mallett, his wife of 46 terest in engineering. After graduating from Southeastern Michigan Council of Govern- years, attributes his sterling character and his college, Dr. Mallett taught American History ments presented him with its Distinguished drive to his mother. ``She was a very strong and social studies in the Detroit Public Service Award. In recognition of his exemplary woman who was a domestic worker. She im- Schools. In fact, he taught the first African- leadership, he received the Anthony Wayne parted to him steadfastness and the work American history course offered in the Detroit Award from Wayne State University. District. After seven years, he left the school ethic. He has a strong belief that it is edu- Throughout their marriage, Dr. Mallett and system and took a job as head of the training cation that brought African-Americans as far his wife, now a retired science teacher, always unit of Detroit anti-poverty program. as they have gotten, and it is education that kept their primary focus on their three children. will move them further along. He may not have known it then, but Dr. Conrad Mallett, Jr. is Chief Justice of the ``He believes that the more we are able to Mallett was about to set off on a career that Michigan Supreme Court; Lydia Mallett, Ph.D., allow every person to become an educated would earn him a shining reputation in public is Director of corporate Diversity of the Gen- person, the more successful we will be in our service and education. He had made sure he eral Mills Corporation, and Veronica Mallett, drive to become full citizens in this country. was prepared to take advantage of the oppor- M.D., is a faculty member at Wayne State Uni- Whenever he has encountered barriers that tunities that came his way. ``If you are pre- versity Medical School in Detroit and is pursu- get in the way of that goal of full citizenship, pared, sometimes good things happen,'' he ing advanced research in obstetrical and gyn- he has tried to move them out of the way.'' said. ``It all goes back to the statement black ecological surgery. Far more often than not, he has succeeded. parents made to their children during Recon- Born in Ames, Texas, about 40 miles south struction: Get as much education as you can Though the children were raised in a mid- of Houston, Dr. Conrad Mallett lost his father because they can never take that away from dle-class environment, they were never al- at age 10. His mother, Mrs. Lonnie Mallett, you.'' lowed to forget the historic struggles and sac- worked to support him and his sister, Nora. Dr. Mallett's commitment to social justice rifices that led to their lifestyle. Justice Mallett The family moved to Detroit in the early 1940s extends far beyond the job. For example, in said he will never forget a trip he and his dad when Mrs. Mallett learned that domestics 1964 a fund-raising benefit was scheduled in took to Houston, Texas. ``I was 17 years old, could earn twice as much in Detroit. Detroit for the Student Non-violent Coordinat- and that's not exactly the time you want to ``Sometimes my husband tells a story about ing Committee. Dr. Mallett and his wife agreed make a cross-country trip with your dad. But those days,'' Dr. Claudia Mallett recalled. ``His to put their home on the line to cover the cost when we got to Houston, my dad said we mom sometimes would take him and his sister of renting Detroit's Cobo Hall if the benefit did were having dinner that night at the Rice to work with her. They had to be very quiet not raise enough money to pay the rental fee. Hotel. He said I had to put on a suit. It was while she worked because they were not sup- In the 1960s Dr. Mallett became the first Af- August, and Houston was about 199 degrees. posed to be there, so they had nothing else to rican-American Assistant to Detroit Mayor Je- It was so hot. When I asked whey we had to do but read. Both he and his sister are avid rome Cavanagh, a bold young Irish Catholic go inside to eat, my dad said, `Because I readers, and I don't think I know of any person lawyer who, with the support of the black com- never walked in the front door of the Rice who is more well read than my husband.'' munity, staged an upset victory over the in- Hotel. I was a bellboy there and made it all After graduating from Detroit's Miller High cumbent mayor. ``I had finished everything but the way up to be bell captain, but I never School, a young Conrad Mallett was drafted, the dissertation on my doctorate when I was walked in through the front door.' '' That night trained in the South Pacific as an Army Air appointed to that job,'' Dr. Mallett said. they both walked in through the front door. Corps engineer and eventually was stationed As Director of the city's Department of Justice Mallett said his father brought a on Baffin Island, off the southern tip of Green- Housing and Urban Renewal, Dr. Mallett fierce integrity to the process of public service land. helped steer the city through the turbulent delivery. ``He said that you may not always be After his honorable discharge, he returned 1960s. able to do your best for everyone, but in gen- to Detroit and started a steady climb toward When Cavanagh left office, Dr. Mallett came eral those persons less able than you to fend his goal. While working at the U.S. Post Of- to the attention of Wayne State University for themselves are the ones to whom you fice, he used the GI Bill to take some courses which needed someone with experience in must give your best.'' And that, Mr. Speaker, at the Cass Tech Veterans Institute. After a public housing to oversee its building expan- is how Dr. Conrad Mallett, Sr. lives his life. few years, he left the post office (``I found it sion. The University Board of Governors ap- Our nation is richer because of his contribu- dull and unromantic'') and began walking the pointed him Director of Community Extension tions. E666 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 CONGRATULATIONS TO MUSLIMS U.S. refusal to either provide Pakistan with I would also urge you to investigate means ON THE CELEBRATION OF EID the F–16s it had bought or refund the money by which Pakistan could be relieved of the paid for the aircraft. obligation for paying storage fees for the F– If, three years later, no progress has been 16s we currently hold. Our insistence on forc- HON. CIRO D. RODRIGUEZ made in resolving this issue, this will cast a ing Pakistan to pay an annual storage OF TEXAS cloud over the President’s trip to Pakistan charge for our refusal to transfer the planes IN THE HOUSE OF REPRESENTATIVES and preclude the resumption of anything ap- costs the United States far more in ill will proaching a normal relationship between the than it brings in revenue to the U.S. Treas- Thursday, April 23, 1998 two countries. ury. Mr. RODRIGUEZ. Mr. Speaker, I rise today Moreover, should Pakistan take the United On a second issue in our bilateral rela- on behalf of my constituents and other mem- States to court over this issue (as it is now tions, I urge you to seek legislative approval considering), this would materially diminish bers of the Muslim community in the United for resuming an IMET program in Pakistan. the likelihood of a successful presidential As you no doubt recall, the Senate approved States and throughout the world who this visit and otherwise damage U.S.-Pakistan re- such a provision last year, but it was dropped month celebrated the holy day of Eid. lations. in conference, without the House ever con- Muslims celebrate two Eids (festivals) every None of the obvious solutions for resolving sidering the issue. While the monetary value lunar year, Eid-ul-Fitr and Eid-ul-Adha. Eid-ul- this problem appear viable. Congress is un- of such a program is small, I believe resump- Fitr is celebrated after fasting for a whole likely to repeal the Pressler amendment, or tion of this program would be perceived in month. During this month a Muslim distributes to appropriate the approximately $500 mil- Pakistan as a good will gesture and a mani- lion we owe Pakistan for the F–16s. Nor does 2.5 percent of his annual savings in charity to festation of the United States’ desire to re- anyone hold out much hope for finding alter- build the bilateral relationship. the poor. native buyers for these planes, which would Finally, while U.S. military training is an Eid-ul-Adha, Feast of the Sacrifice, takes its enable us to use monies from that sale to re- important tool for promoting American in- roots from the Patriarch of our three great imburse Pakistan. terests, I believe that the administration faiths, Judaism, Christianity and IslamÐAbra- I understand there is some talk about the should place greater emphasis on helping ham. In recognition of the act of sacrifice and possibility of using a 614 waiver to permit Pakistan, within the restrictions of U.S. law, obedience with which Abraham was ready to the administration to transfer the F–16s to to begin to address some of its urgent domes- Pakistan, notwithstanding the Pressler tic problems. sacrifice his beloved son, for the last 1,400 amendment restrictions. I would strongly years Muslims have followed Abraham's tradi- For instance, current law permits some oppose this idea because of the adverse effect population planning assistance for Pakistan. tion by sacrificing a lamb at the end of Hajj, it would almost surely have on the credibil- Programs of this sort should be encouraged. the pilgrimage to Mecca. ity of our global nonproliferation policies The administration should also renew its ef- I ask the Congress to join me in congratulat- and on our gradually warming relationship forts to secure congressional approval for the ing the six million Muslims in the United States with India. I also expect that an administra- democracy-building components of the Har- and over a billion Muslims across the globe tion attempt to use a 614 waiver in this in- kin amendment that failed in conference last who follow the tradition of Abraham upon this stance would draw considerable opposition fall. occasion of celebration, sacrifice and charity. on the Hill. Ultimately, the most serious threats to Since none of the obvious solutions appear Pakistan are internal, not external. If we f feasible, I would urge you to look into less value our ties with Pakistan—and I believe obvious ways to deal with this problem. I un- we should—it would seem to be in the U.S. U.S.-PAKISTAN RELATIONSHIP derstand, for instance, that some people are WORTH REPAIRING interest to help Pakistan address these talking about debt forgiveness, where we threats, rather than encouraging Islamabad would write off a portion of Pakistan’s P.L. to divert scarce resources into nonproductive HON. LEE H. HAMILTON 480 or other debt in return for Pakistan channels. waiving all claims against the United States OF INDIANA I would be pleased to discuss these matters stemming from the F–16 sale. This appears to with you in more detail if you would like. IN THE HOUSE OF REPRESENTATIVES be an idea worth exploring further. With best wishes, Thursday, April 23, 1998 Alternatively, I understand there is some Sincerely, discussion of linking the $500 million owed LEE H. HAMILTON, Mr. HAMILTON. Mr. Speaker, some weeks Pakistan for the aircraft to a resumption of Ranking Democratic Member. ago I sent identical letters to Secretary of an USAID program tailored specifically to State Madeleine Albright and National Security meet Pakistan’s grave problems in the social THE WHITE HOUSE, Adviser Sandy Berger outlining my thoughts sector. Under this proposal, Congress would Washington, March 16, 1998. on some of the problems troubling the rela- authorize the President to enter into nego- HON. LEE H. HAMILTON, tionship between the United States and Paki- tiations with Pakistan with a view to arriv- House of Representatives, stan. ing at a reasonable compromise figure—per- Washington, DC. haps in the neighborhood of $250 million— DEAR LEE: Thank you for your very I have now received replies from Mr. Berger that would be provided Pakistan, over a thoughtful letter regarding our relationship and the Department of State. Because I be- number of years, in return for Pakistan with Pakistan. As we prepare for the Presi- lieve that Pakistan is an important country and dropping all F–16 related claims against the dent’s trip to South Asia this Fall, we are that it remains very much in the American in- United States. Even $250 million is a consid- very appreciative of your insights on the im- terest to repair our tattered relations with Paki- erable sum, but members of Congress might portant bilateral issues that complicate our stan, I now insert this correspondence in the be swayed by the fairness argument so long relationship with that country. Your views on the F–16 issue were of par- RECORD. as the planes were not being transferred, if It is my hope that this will provoke a serious much of this sum could be portrayed as tra- ticular interest. The President fully shares ditional U.S. foreign assistance designed to your opinion on the importance of resolving and sustained discussion of the U.S.-Pakistan meet basic human needs, and if the annual this issue and on the impact it has on our bi- relationship. U.S. aid allotments were in the $40–50 mil- lateral relationship. I am encouraged by HOUSE OF REPRESENTATIVES, lion range. your helpful comments and we will give COMMITTEE ON INTERNATIONAL The purpose of this letter is not to advo- careful consideration to your suggestions of RELATIONS, cate a specific solution, but to draw your at- debt relief and a focused resumption of our Washington, DC, February 19, 1998. tention to this matter, and to encourage you USAID program as we review the full range HON. MADELEIN K. ALBRIGHT, to redouble your efforts to ensure that the of options in the weeks ahead. Secretary of State, F–16 controversy does not derail the Presi- I am also encouraged that you have urged Washington, DC. dent’s trip later this year. the Administration to seek legislation to re- DEAR MADELEINE: Knowing that the Presi- I also believe your legal experts need to establish the IMET program in Pakistan. We dent intends to visit South Asia later this look at the specific consequences, if any, continue to see IMET as an important vehi- year, I have been giving some thought to the should Pakistan take the United States to cle for strengthening our ties with Pakistan United States’ relationship with Pakistan, court over the F–16s. I am told that at least and will examine how we might best go particularly, the F–16 problem and other bi- some legal experts believe that a number of about seeking congressional support. lateral issues. U.S. programs and sales would have to be Thank you again for sharing your First, I am concerned that it may not be shut down as soon as Pakistan files suit. I do thoughts. We will consult closely with you possible to have a successful presidential not know if this is correct. If it is, Pakistan and your colleagues as we seek solutions to trip to Pakistan if we have not made any should be made aware of this at the earliest these vexing problems. progress in addressing the F–16 issue. possible date, to ensure that Pakistan under- Sincerely, You will recall that in 1995, President Clin- stands fully that bringing suit against the SAMUEL R. BERGER ton, meeting with then Prime Minister United States will adversely affect its own Assistant to the President Bhutto, noted the apparent unfairness of the interests. for National Security Affairs. April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E667 DEPARTMENT OF STATE, to Diane and father to Nick and Steven. He's Charlestown. Billy felt they clinched the victory Washington, DC, April 15, 1998. active in his community, serving on the Board for Uncle Jack with their parade. Billy and Hon. LEE H. HAMILTON, of Directors of several corporations, and the Frank Dobie marched at the front with a huge House of Representatives. St. Josaphat Foundation. He is the Co-Chair banner 20 feet wide and five feet high saying DEAR MR. HAMILTON: The Secretary has asked that I respond on her behalf to your of the Polish Fest Community Center commit- ``John F. Kennedy for Congress.'' letter of February 19 concerning our rela- tee, and is active in his parish, St. Elizabeth People used to say that Billy had organized tions with Pakistan. Ann Seton, and the Polonia Sports Club. a thousand of Uncle Jack's supporters to It is the Department’s desire to improve I applaud the Pulaski council's choice in march in the parade. As Billy knew, it was our relationship and advance our long term naming Casey Janiszewski the Polish Heritage only a little over one hundredÐbut they interests with Pakistan. Like you, we be- Award Recipient this year. Sto Lot! marched only three abreast, stretching them- lieve the best way to do this is to resolve the f selves out as far as the eye could see, going F–16 issue while enhancing bilateral ties in past all the Kennedy banners they'd put on other areas. TRIBUTE TO BILLY SUTTON The Department is currently examining every second house along the route. the merits of the full range of alternatives That day and many other days of Billy's for resolving the F–16 issue. We fully appre- HON. JOSEPH P. KENNEDY II ability, hard work, and incredible loyalty pro- ciate that failure to settle this matter could OF MASSACHUSETTS duced the victory that put Uncle Jack on the harm bilateral relations and may precipitate IN THE HOUSE OF REPRESENTATIVES path to the New Frontier. He couldn't have a lawsuit. You may be certain that we will Thursday, April 23, 1998 found the way without you, Billy. We owe you keep your views about debt relief and eco- big for that, and we always will. nomic assistance very much in mind as we Mr. KENNEDY of Massachusetts. Mr. On January 3, 1947, Uncle Jack arrived in proceed. Speaker, to paraphrase the lyrics of the great We strongly agree with your assessment Washington to take his seat in the House of about the importance of IMET and democ- old Irish folk song, ``Oh Billy, we hardly knew Representatives. He had driven down over- racy building for Pakistan and intend to ye.'' But we loved you all the more. night from Boston in a snowstorm in Aunt seek legislative authorization to reinstitute For us, it all began six years before I was Eunice's Chrysler. Billy met him at the Statler these programs. born. The Second World War had just ended, Hotel. Uncle Jack was desperate for breakfast, We also appreciate knowing of your judg- and a young Navy veteran named John F. but Billy said he was late for a Democratic ment that the most serious threats facing Kennedy had decided to run for Congress for Party Caucus, and Party Leader John McCor- Pakistan are internal. We agree that such the old Eleventh Congressional District. mack had been calling every ten minutes to matters as a stagnant economy and ineffec- It so happened that one day in January tive educational system are critical to Paki- find out why he wasn't there. stan’s long-term development and stability. 1946, a young Army veteran named Sergeant But Uncle Jack said, ``Mr. McCormack has Consequently, we have devoted increasing William Sutton was being discharged from Fort been getting along without me here in Wash- attention to helping Islamabad address these Devens. Billy loved to tell about what hap- ington for 28 years. He can get along without problems. pened next. He'd been overseas for two me for another 15 minutes. Let's go into the We greatly appreciate your interest in im- years. He was finally on his way home to see drugstore and get some eggs.'' proving ties with Pakistan and look forward his mother, and he had taken a train from Billy spent those first early years with Uncle to working with you on all matters raised in Devens to North Station here. He had started Jack in Washington. In those days, he lived on your letter. up School Street, when Joe Kane spotted Sincerely, the third floor of the house Uncle Jack rented BARBARA LARKIN, Billy. on 31st Street in Georgetown. Billy had his Assistant Secretary, Joe Kane was family, literally. Joe Kane and own shower and bath, and he bragged about Legislative Affairs. grandad Joe Kennedy were first cousins, and how often he sneaked into Uncle Jack's closet f they always called each other Cousin Joe. for a shirt or tie. Cousin Joe Kane knew a great deal about One day, Uncle Jack put on a pink shirt, CASIMIR S. JANISZEWSKI HON- Boston politics, and he was the first person and Billy told him in no uncertain terms, ``With ORED FOR HIS OUTSTANDING Grandad turned to for advice for Uncle Jack. your complexion, a pink shirt isn't right. It's too COMMUNITY LEADERSHIP Billy had previously worked on two campaigns much technicolor.'' So Uncle Jack took it off in the Eleventh District and knew everyoneÐ and handed it to Billy. HON. GERALD D. KLECZKA but everyone!Ðin the District. So Cousin Joe The next day, Billy walked into the room OF WISCONSIN Kane knew that Billy would be a prize catch wearing the pink shirt himself. Uncle Jack IN THE HOUSE OF REPRESENTATIVES for Uncle Jack. looked up and said, ``Well, I'm glad to see my Cousin Joe wouldn't take no for an answer. clothes go with your complexion.'' Thursday, April 23, 1998 When he caught up with Billy on School Billy was also one of the first to say to Mr. KLECZKA. Mr. Speaker, I rise today in Street, he told Billy, ``There's someone you Uncle Jack that a Senate seat was winnable. tribute to Casimir S. Janiszewski, who will be have to meet. Come on over to the old Belle- And in early 1951, as the Senate race was honored May 2nd by the Pulaski Council of vue Hotel with me.'' shaping up, Billy came home to Boston to or- Milwaukee as the Polish Heritage Award Re- Billy said he'd been in the Army overseas ganize and help out here. And he never left cipient at the group's annual Polish Constitu- for two years, and he was going home to see again. tion Day festivities. his mother. Cousin Joe told him, ``You can see In Washington, he had missed his family, Each year, the Pulaski Council of Milwau- your mother laterÐthis won't take a minute.'' missed his city, and missed his state. I know kee, which was organized to promote the It took a little more than a minute, but it was how you felt, Billy. civic, social and cultural interests of Americans love at first sight at the Bellevue. Uncle Jack But in all the years that followed, Billy never of Polish extraction, recognizes the accom- loved Billy, and by the time Billy left for home, left us. He helped us in all of our campaignsÐ plishments of an outstanding member of the he'd signed on with Uncle Jack full time. He my campaigns, Teddy's campaigns, Dad's Milwaukee-area Polish community. This year's started the very next morning to build the or- campaign for PresidentÐhe was always there, honoree, ``Casey`` Janiszewski, is very deserv- ganization that took Uncle Jack to victory in with his trademark skill and loyalty and ing of this prestigious award. 1946. smileÐand the legion of friends we called Billy Casey grew up in his family's business, Su- A few days after that, Billy introduced Uncle Sutton's army. perior Die Set Corporation, which was founded Jack to another great friend of our family, a As Billy used to say, ``Compared to the Bos- by his grandfather Kasimir, who immigrated man that Billy used to sell newspapers with at ton Irish politicians I grew up with, Jack Ken- from Poland in 1910. Today, Casey is the the Charlestown Navy Yard, another young nedy was like a breath of spring.'' Grampa firm's President and Chief Executive Officer. veteran named Dave Powers. Fitzgerald didn't like to hear that, but the vot- His father, Casimir, is Chairman, while Two days after that, Uncle Jack made his ers understood it. Casey's brother, Frank, is Executive Vice famous visit to the meeting of the Gold Star And do you know somethingÐif it hadn't President. The company will proudly celebrate Mothers at the American Legion Hall in been for Billy in those early days, if Sergeant 75 years of family ownership and operation Charlestown, and Billy and Dave and Uncle Billy Sutton had taken a different train from with festivities this fall. Jack were on their way together. Fort Devens that afternoon, the Kennedys Casey Janiszewski is truly a family man. In The Democratic primary that year was in might still be in banking, and I wouldn't be addition to working side-by-side for years with June, and the day before was Bunker Hill Day, here thanking Billy for making all the dif- his father and brother, he is a loving husband with its huge parade and celebration in ference for our family. E668 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 The last time President Kennedy saw Billy In addition to his illustrious career with the As a nation, we pay a great price for our was at the Boston Armory in October 1963. It UAW, Bob has also developed a high degree government’s participation in the Turkish was ``The New England Salute to the Presi- of respect in the political, educational, and government’s denial of the Armenian Geno- cide. As you would surely agree, complicity dent'' Dinner, and President Kennedy came civic arenas as well. He has been a precinct in the denial of genocide—for any reason, at over to spend time with Billy and Marsha and delegate, and serves on Labor Advisory com- any time—is simply unacceptable conduct talk about old times. mittees at Oakland University in Rochester for the world’s leading defender of human One of the things Billy and Marsha treas- and Wayne State University in Detroit. He is a rights. ured most was the telegram that President life member of the NAACP, serves on the The United States’ long-standing acquies- Kennedy sent to their daughter Barbara on her board of directors of the United Way of Pon- cence of Turkey’s denial was accurately third birthdayÐMay 29, 1963. They had the tiac-Oakland County, and the Detroit Area characterized in 1995 by Stanley Cohen, a same birthday, and President Kennedy told professor of criminology at Jerusalem’s He- United Foundation. brew University, writing in ‘‘Law and Social her ``Congratulations on our birthdays.'' And Mr. Speaker, we in the great state of Michi- Inquiry,’’ published by the American Bar ever after, Barbara could show the telegram gan are more than proud of our reputation as Foundation: ‘‘The nearest successful exam- and say, ``My father knew President John F. the automotive capital of the world, having re- ple [of collective denial] in the modern era is Kennedy, right from the beginning.'' cently celebrated the 100th anniversary of the the 80 years of official denial by successive The secret of Billy's success was no secret automobile. Just as we are proud of the prod- Turkish governments of the 1915–17 genocide at all to all of us who knew him. He was Irish uct, we are proud and grateful for the men against the Armenians in which some 1.5 to the core. The light in his Irish eyes and his million people lost their lives. This denial and women who day in and day out work to has been sustained by deliberate propaganda, Irish heart and soul was always on. It sparkled provide these quality products and bolster our in everything he ever did, every story he ever lying and cover-ups, forging documents, sup- pride. Bob Lent is one of those people. I ask pression of archives, and bribing scholars. told, every friend he ever made, everything he my colleagues to join me in wishing Bob, his The West, especially the United States, has ever did. When the Kennedys and countless wife Earline, and their son Steven, all the best. colluded by not referring to the massacres in others hear the great Irish anthem, we think of the United Nations, ignoring memorial cere- f Billy: monies, and surrending to Turkish pressures When Irish eyes are smiling, TRIBUTE TO VICTIMS OF in NATO and other strategic arenas of co- Sure it's like a morn in spring. ARMENIAN GENOCIDE operation.’’ In the lilt of Irish laughter, As I noted, withholding the proper recogni- You can hear the angels sing. tion of the Armenian Genocide also signifi- HON. STEVE R. ROTHMAN cant hinders our nation’s ability to help re- When Irish hearts are happy, solve the ongoing conflict over Nagorno- OF NEW JERSEY All the world seems bright and gay, Karabagh. The Administration’s assurance of And when Irish eyes are smiling, IN THE HOUSE OF REPRESENTATIVES security guarantees for the people of Sure they'll steal your heart away. Thursday, April 23, 1998 Nagorno-Karabagh are greatly weakened by To Marsha and Barbara and A.J. and all the our government’s unwillingess, after 83 rest of Billy's wonderful family, on behalf of all Mr. ROTHMAN. Mr. Speaker, it is an honor years, to acknowledge that a crime of geno- the Kennedys, I say today, as others in our to join my colleagues in commemorating the cide was committed against the Armenian family have said so often over the years, ``You Armenian Genocide and the solemn memory nation. This unwillingness seriously under- of the 1.5 million Armenians who lost their mines the faith that the people of Karabagh stole all our hearts away, Billy. We love you, have that the United States will stand up for Billy. We miss you, Billy. And we'll always re- lives earlier this century. This is an important day to reflect on the lessons of history and their rights in the event of renewed Azer- member you.'' baijani aggression. f work to avoid the horrors faced by the Arme- Mr. President, very appropriately, you nian people in 1915. have always stressed that the United States HONORING BOB LENT For the CONGRESSIONAL RECORD, I would must lead on the question of fundamental very much like to submit a letter concerning freedoms around the world. Your statement HON. DALE E. KILDEE the Armenian Genocide that I sent to Presi- on March 25th of this year in the Rwandan capital was in the proudest tradition of our OF MICHIGAN dent Bill Clinton. It is my earnest hope that the United States Congress, with President Clin- nation’s commitment to human rights. At IN THE HOUSE OF REPRESENTATIVES the Kigali airport, you stated that, ‘‘Geno- Thursday, April 23, 1998 ton's determining leadership, will swiftly move cide can occur anywhere. It is not an African to adopt a resolution acknowledging the Arme- Mr. KILDEE. Mr. Speaker, it is an honor to phenomenon. We must have global vigilance. nian Genocide. And never again must we be shy in the face rise before you today to pay tribute to a loyal HOUSE OF REPRESENTATIVES, of evidence.’’ friend and tireless advocate of America's Washington, DC, April 21, 1998. Mr. President, the evidence of the Arme- working class citizens. On May 5, 1998, mem- Hon. WILLIAM J. CLINTON, nian Genocide is clear. Now is the time to bers and friends of the United Automobile, President of the United States. stand up for justice and help bring an end to Aerospace, and Agricultural Implement Work- DEAR MR. PRESIDENT: I am writing to you, Turkey’s denial of the Armenian Genocide. ers of America will honor Mr. Bob Lent, as he as a proponent of peace and stability in the Sincerely, retires from his position as director of Michi- Caucasus, to urge your Administration to STEVEN R. ROTHMAN, Member of Congress. gan UAW's Region I after many years of dedi- play an active role in ending Turkey’s denial cated service. of the Armenian Genocide. f In addition to the clear moral imperative It is nearly impossible to imagine the condi- to appropriately recognize and commemo- COMMENDING SHELBY CORBITT tion of Michigan's labor movement without the rate all instances of Genocide, such a move VICK benefit of Bob Lent's insight and leadership. would serve our own national interests by His is a career that has spanned half a cen- ensuring that the United States is viewed as tury, beginning in 1949, when at the age of an impartial and honest broker in the ongo- HON. BOB SCHAFFER 19, he was hired by Dodge Motor Co. as a ing Nagorno-Karabagh peace process. OF COLORADO spray painter. He later left Dodge for the U.S. During your 1992 Presidential campaign, IN THE HOUSE OF REPRESENTATIVES Army, serving as a paratrooper from 1951 to you acknowledged the ‘‘Genocide of 1915.’’ Thursday, April 23, 1998 Your words were welcomed by Armenians 1953. Upon his return to civilian life, Bob and all people of good conscience as a prin- Mr. BOB SCHAFFER of Colorado. Mr. found employment with Chrysler and reestab- cipled stand by a leader committed to resist- Speaker, today I rise to talk about the value of lished his association with the UAW. As a ing the Turkish government’s shameful cam- an excellent education. I would like to tell you member of Local 869, Bob served in a number paign to deny the Armenian Genocide. It is about Shelby Vick, a student from my home- of capacities, including alternate chief steward, unfortunate that members of your Adminis- town of Fort Collins, Colorado. trustee chairman, vice president, and a 4-year tration have failed to live up to your own Shelby Corbitt Vick was born November 15, tenure as president. Bob was appointed as words, issuing ambiguous statements about 1986 and is the eldest child and only daughter education representative of region 1B in 1972, the ‘‘Armenian massacres.’’ I strongly en- of Joseph James Vick and Patricia Burns Vick. courage the Administration to use the cor- and became assistant director in 1982. When rect term, genocide, to describe the system- She was born in Fort Collins. She attends St. Region I and Region 1B merged to form a atic and deliberate extermination of the Ar- Joseph Catholic Elementary School as a 5th larger, stronger Region 1 in 1983, Bob was menian people—a crime against humanity grader. Shelby has one younger brother, Em- elected director, the position he has held to thoroughly documented in our own national mett James Andrew Vick. Emmett is nine this day. archives. years old and was also born in Fort Collins. April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E669 Shelby's mother and father both graduated to have roads through Indian lands and the today. Shelby is a shining example of what a from the University of Texas at Austin. Her government would give the tribes gifts. An- child can do given the proper academic in- mother is a homemaker and volunteers exten- nual payments of $50,000 per year for fifty struction and the best possible upbringing. Ob- years would be paid to the Indians along viously, I'm exceedingly proud of her accom- sively at Shelby's school. Her father is an at- with educational programs to help them be- torney who practices in Fort Collins and Gree- come farmers. plishments and the great work being done by ley, Colorado. Fort Laramie served as a Pony Express all the good folks at St. Joe's Shelby's interests include horseback riding stop in 1860. In 1861, when the telegraph ar- f and anything to do with horses. Shelby is a rived, the Pony Express ended. When the INTRODUCTION OF THE ‘‘WIRE voracious reader. Shelby enjoys playing telegraph was relocated to southern Wyo- TRANSFER FAIRNESS AND DIS- volleyball and basketball on her school's team. ming, the settlers also took this new route, CLOSURE ACT OF 1998’’ Shelby plans to attend college and become an and left Fort Laramie isolated. In 1863 Boze- man Trail settlers began traveling through author writing stories about horses. Fort Laramie again. The government used HON. LUIS V. GUTIERREZ Recently Shelby entered a nationwide his- military activity along the Bozeman Trail, OF ILLINOIS tory essay contest. She has written an excep- as a diversion to keep the Indians from inter- tional essay which was chosen as the national fering with the construction of the Union IN THE HOUSE OF REPRESENTATIVES winner of the 5th Grade American History Pacific Railroad across southern Wyoming. Thursday, April 23, 1998 Essay Contest sponsored by the National So- Fort Laramie was a grand old post with an Mr. GUTIERREZ. Mr. Speaker, immigrants important place in American history. Fort ciety, Daughters of the American Revolution. in Chicago and throughout the United States Mr. Speaker, I hereby submit Miss Vicki's win- Laramie’s significance as a supply stop in the settling of the American West is unques- work hard, same money, and send billions of ning essay for the RECORD and enthusiasti- tioned. Many a soldier and weary traveler their U.S. dollars to relatives living in foreign cally commend it to my colleagues. found comfort or hardship at this fort. One countries. The money wiring industryÐdomi- ‘‘FORTS IN AMERICAN HISTORY’’—FORT hundred sixty three years ago travelers and nated by giants Western Union and LARAMIE pioneers came to Fort Laramie on horses and MoneyGramÐhave emerged as the major ve- (By Shelby Vick) in wagons on their journey. Today tourists hicle for sending dollars across borders. are coming in cars to understand the fort’s Immigrants with family in Mexico are among Fort Laramie is a national historic site in past. southeastern Wyoming. It was not an ordi- the primary customers of these services. It is nary fort. It did not have any walls, moats, Mr. Speaker, education is the key to suc- estimated that between $4 and $6 billion is or watch towers. A visit to this landmark cess for all Americans. Quality education is sent annually from the U.S. to Mexico through conjures up images of the old west. This re- provided at schools like St. Joseph's Elemen- such wire payments. This figure has an enor- mote site was an important stop for many tary School. St. Joseph's Elementary School mous impact on Mexico, as it represents the people, yesterday and today. Now you are in- was established in 1926 by St. Joseph's Par- country's fourth-largest source of income from vited to travel back in time to a ‘‘Grand Old ish. There are 242 students at St. Joseph's international sourcesÐtrailing only the money Post’’. it receives for manufactured goods, oil, and Fort Laramie, earlier called Fort William, and it is the only Catholic elementary school was first built of cottonwood logs by in Fort Collins. The school has published a tourism. Fitzpatrick and Sublette in 1834. The fort statement of philosophy which I urge my col- Many Mexican immigrants prefer to use the was later moved upstream along the Laramie leagues to consider. services offered by wire transfer companies River and renamed Fort Laramie after Jo- rather than postal or other delivery services. BASIC PHILOSOPHY OF SAINT JOSEPH SCHOOL seph LaRamee. Fort Laramie is on the west Some customers are attracted by the compa- bank of the Laramie River, halfway between We affirm the purpose of Saint Joseph nies, advertisements which promise fast, af- St. Louis and the West coast. School is the Christian, intellectual, social fordable, convenient service. Others have Fort Laramie attracted many traders. Fa- and physical growth of each child. Our aim is been dissuaded from sending money through the development of the total person with mous visitors included Kit Carson, Jim other means after reports began circulating of Bridger, Buffalo Bill, Brigham Young, Hor- Catholic, Christian attitudes and values, and skills fitting him/her for life in our society armed robberies of courier services in Mexico ace Greeley, Colonel William Collins, Gen- and mail pouches disappearing from Mexican eral Dodge, General Sherman, and Chief Red and in God’s Kingdom. Cloud. The American Fur Company was We recognize the need for high academic postal branches. using Fort Laramie as a trading post when achievement in our rapidly advancing and As a result, Western Union and MoneyGram military authorities, recognizing the need complex world and are dedicated to provid- have virtually cornered the market. The two for a chain of forts to protect the settlers, ing the environment best fulfilling this need. companiesÐplus a third, Orlandi Valuta which, purchased the fort for $4,000. We expect our children, reflecting their indi- like Western Union, is owned by the First Data Plans were drawn up for a traditional vidual abilities, to achieve in academic areas Co.Ðaccount for a combined total of more ‘‘fort’’ with a blockhouse and stockade to be at a rate equal to or greater than surround- ing schools. than 90 percent of all transfers. built. Since lumber had to be hauled from At first glance, the wire transfer companies forty miles away, the blockhouses and wall We recognize that not all societies and/or communities share in our Christian values appear to represent an attractive option for were never built. The only defensive struc- prospective consumers. In part, this is the re- ture at Fort Laramie was the old adobe fort. and/or belief. We are dedicated to preparing There were many other structures, including each child for his/her place in our society. It sult of massive advertising campaigns through a store, barracks, a corral, a hospital, and a is our desire to instill in each child a work- which the companies target Latino customers. warehouse. ing knowledge of the Catholic faith. In such advertisements, companies promise Further recognizing our physical nature, The army recruited many poor and often relatively low rates. For instance, one com- we are dedicated to developing the child’s recent immigrants as soldiers, some paid as physical talents and training him/her to use pany recently publicized a $12 fee for a $300 little as $13.00 a month. Soldiers found the these talents for the general welfare of soci- transfer to Mexico. frontier life boring and isolated, so there ety. On other occasions, the companies have were many deserters. With the Second Vatican Council we affirm tried to appear to be even more generous. For Weather was harsh on the Wyoming plains our conviction that the Catholic School ‘‘re- instance, following the devastation caused by and it was a greater enemy than the Indians. tains its immense importance in the cir- Summers were very hot. Winters were some- Hurricane Pauline which struck Mexico in Oc- cumstances of our time’’ and we recall the times bitter with wind temperatures drop- tober 1997, Western Union advertised ``free'' duty of Catholic parents ‘‘to entrust their ping to 40 degrees. Amputations of frozen service for concerned family members in the ¥ children to Catholic Schools when and where hands and feet were common. U.S. sending money to help the victims. this is possible’’. Fort Laramie is along the Oregon Trail, However, such promises are grossly mis- the Black Hills Gold Rush Trail and is the Mr. Speaker, St. Joe's is dedicated to edu- leading. The cost to the consumer is far less beginning of the Bozeman Trail. Settlers cating devoted Christian citizens to contribute reasonableÐand certainly not ``free.'' stopped to get fresh oxen and mules, wash to their community. St. Joseph's Elementary That is because the companies fail to inform clothes and to mail letters back home. In School has a strong, demanding curriculum their clientsÐeither in print advertisements, in 1850 over 37,000 settlers registered at Fort that challenges the students to meet high ex- displays at their establishments, or on forms Laramie. Everyone rested, wagons were re- pectations. The educators along with involved paired, and food stocks resupplied. presented to the customerÐthat an additional In 1851 over 10,000 Indians (Sioux, Crow, parents continue to produce bright students cost will be imposed on the customer and on Arapahoe, and Cheyenne) met and agreed who are great assets to the northern Colorado the recipient in Mexico. upon a peace treaty at Fort Laramie. The community. The hidden cost arises from the rate at tribes could neither fight with each other Mr. Speaker, it has been my privilege to de- which the wire transfer companies convert dol- nor attack settlers. Whites would be allowed scribe the talent of Miss Vick to my colleagues lars into pesos for their customers, compared E670 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 to the rate that these companies have had to dence of a trend of seeking to make additional Many projects helped transform rural An- pay to obtain Mexican currency. While the money by misleading the Mexican-American nandale to the bustling suburban area it is wire service companies obtain pesos at a rate community. today. During the early years, the Club pro- that closely matches an established bench- Lawsuits have been filed in federal court in vided a map to the local Fire Department to mark rate, the companies distribute pesos to California claiming the companies have en- facilitate prompt responses to emergencies. their customers at a far lower rate. gaged in false advertising and charging hidden The map was updated yearly to reflect Annan- The difference between those two figures fees. Likewise, a class-action lawsuit will also dale's rapid growth. In 1959, the Lions em- represents a source of additional income to be filed in federal court in Chicago next week. barked on a project to install street signs at all the companies and an additional cost to the I am introducing today legislation aimed at unmarked intersections, until the County consumerÐone which is not disclosed. curbing the wire transfer companies' tactics began to install street signs County-wide Before transferring money, many customers which they have used to take advantage of about six years later. research the current benchmark exchange their customers. My legislation would require Around 1960, the Annandale Post Office rate to find out how many Mexican pesos can the wire transfer companies to fully disclose and Annandale Fire Department were in need be obtained for their U.S. dollars. However, their practices to their customers, thereby of a street numbering system to aid in locating customers are not informed that the wire making sure that such ``hidden'' costs are houses. Lion Merlin ``Mac'' McLaughlin, a transfer companies fail to abide by that bench- brought to light. land-surveyor then in private practice, volun- mark rate, and establish their own conversion This bill would require companies to listÐ teered to work with the Postmaster to develop scheme allowing them to pocket additional and to reasonably explainÐtheir own currency a house numbering system for the entire An- money. conversion rates on all advertisements, forms nandale postal area that could accommodate A benchmark exchange rate is set daily by and receipts provided to customers, and in urban growth. Fairfax County implemented the Banco De Mexico. While this figure is an unof- display windows or at service counters in all 9-1-1 system in 1970 requiring that houses be ficial rate, those entities doing the largest establishments offering international wire numbered. Due to the effective system that share of business converting U.S. dollars to transfers. the Lions Club had created, Annandale was Mexican pesosÐsuch as major financial insti- Failure to comply could lead to criminal pen- allowed to retain the existing house numbers and the system was expanded throughout the tutions, markets, government agencies, and alties and civil liabilities of at least $500,000. County. the wire transfer companiesÐgenerally re- I am entitling my bill the ``Wire Transfer Fair- ness and Disclosure Act of 1998.'' I welcome As the community changed and evolved ceive a rate which closely matches the daily over the years, the Club's service activities benchmark rate. the support of my colleagues who wish to join me in protecting consumers in our commu- have adjusted to meet the changing needs On the other hand, Western Union and and priorities of the community. Some of the MoneyGram arbitrarily set a different ex- nities. f numerous Club projects over the years include change rate for their customersÐone which sponsoring or co-sponsoring a scout troop, has been found to routinely vary from the IN HONOR OF THE ANNANDALE sponsoring ball teams in Little League and benchmark rate by as much as 12 percent LIONS CLUB Babe Ruth League, constructing the children's These ``currency conversion fees'' allow the playhouse at the Annandale Christian Commu- companies to post huge profits. According to HON. TOM DAVIS nity for Action's (ACCA) Day Care Center and one analysis of figures, Western Union alone landscaping the ACCA Elder Care Center, made an additional $130 million based on the OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES providing Leader Dogs and service dogs to conversion schemeÐroughly equivalent to the community members, collecting and sending Thursday, April 23, 1998 amount that the company made for the service food and clothing to disaster areas around the fees. Mr. DAVIS of Virginia. Mr. Speaker, I rise country, and providing chairs and landscaping In other words, this hidden practice allows today to pay tribute to the Annandale Lions to the George Mason Library. In addition, the the company to virtually double the money it Club, a truly outstanding organization that has Annandale Lions Club supports a number of is making off of the Mexican community. served Annandale, Virginia for fifty years. The projects benefitting sight and hearing screen- The wire transfer companies allege that this Club overcame initial obstacles to become a ing and research, including the Virginia Lions is a legitimate and common practice. The fact great fixture in our community, providing valu- Eye Institute for which they recently purchased is, however, that other major companies and able support wherever the Lions saw a need. a Fundus camera to take Fluorescein institutions which convert dollars into pesos The Annandale Lions Club received its angiograms of the retina. follow more closely the benchmark exchange Charter in 1948 when Annandale was a tran- Mr. Speaker, I know my colleagues join me rate which is set daily by the Banco de Mex- quil rural community. The Club was off to a in thanking each and every Annandale Lion for ico, often matching the benchmark rate exactly rocky beginning. By the end of the first year, their hard work and dedication to helping oth- when providing services to their customers. membership had waned from thirty to twelve ers in making Annandale a great place to live. The wire transfer companies are wrong, members, meeting attendance was poor, and I wish the Annandale Lions Club continued therefore, when they claim that this represents the club's finances were in disarray. The success in all of its future endeavors. a ``common'' business practice. Club's future looked precarious as Lions Inter- f How does the rate affect an individual cus- national District leadership discussed revoking TRIBUTE TO PAUL KORBER tomer? One day late last year, the benchmark the Club's Charter. exchange rate was listed as 8.3 pesos to the The Club's remaining members, along with dollar. On the same day, both Western Union several new members rallied in a valiant effort HON. ELTON GALLEGLY and MoneyGram were offering customers 7.3 to save the Club. Under the new leadership of OF CALIFORNIA pesos to the dollar. As a result, for every $100 Erskine ``Erk'' Worden as President and Victor IN THE HOUSE OF REPRESENTATIVES transferred, the customer (or the recipient) Ghent as Secretary-Treasurer, the Club began Thursday, April 23, 1998 would lose an additional $12 dollarsÐon top a legacy of service to the community which Mr. GALLEGLY. Mr. Speaker, I would like to of service fees. continues to this day. pay tribute today to Paul Korber, a hero who This practice targets a particular community. Throughout its fifty year history, the Annan- lost his life while saving a mother and her two When a comparison is made of transfers to dale Lions Club has embraced the Lions phi- sons stranded in the rough waters of the Ven- various counties, this practice appears aimed losophy of ``We serve''. The Club's numerous tura Harbor. Paul Korber, a harbor patrol offi- at Mexican immigrants and their families in activities have benefitted youth, community cer in Ventura County, California, ignored the particular. For example, on a recent occasion, betterment, and healthcare. Noteworthy dangers which took his life to save three oth- the exchange rate which MoneyGram set to projects from the early years include providing ers. convert U.S. dollars to Mexican pesos was playground equipment and furnishing a clinic The rescue was not an uncommon one for three times more costly than the rate for for the old Annandale Elementary School, the Paul Korber. He often risked his own safety to changing U.S. dollars into Canadian currency. endowment of a then-maternity ward at Fairfax help those in dangerÐhis job was to save Specific advertisements (misleading as they Hospital, supplying yellow school patrol rain- lives. But that day the tides were not in his are) are aimed at the Mexican market. One coats with hats or hoods to twelve or thirteen favor and he died in the line of duty, an un- MoneyGram advertisement claims (falsely): elementary schools, supplying bleacher seats selfish chance he often took. ``Send $300 to Mexico for $14.'' to Annandale High School when it opened in Paul Korber was known as a fitness advo- The company's tactics in the wake of Hurri- 1953, and later providing financial help with cate and could usually be found on a moun- cane Pauline have been cited as further evi- the athletic field lighting system. tain bike, camping or freediving to spear fish. April 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E671 Paul was a man who embraced life and who need in FY 1999. Commissioner Lehman ex- TRIBUTE TO BILLY SULLIVAN enjoyed a good adventure. Friends of Paul plained that this revenue, along with $66 mil- Korber have said he was a positive person lion from FY 1998, would be used to fund HON. JOSEPH P. KENNEDY II who was always looking for ways to improve other government agencies and programs. OF MASSACHUSETTS himself, whether it was learning a foreign lan- This continuing diversion of PTO fee revenues IN THE HOUSE OF REPRESENTATIVES guage or staying physically fit. was strongly opposed by inventors and the Thursday, April 23, 1998 But besides being a hero and an athlete, trademark community, who pay for patent and Paul Korber was a success at one of life's big- trademark applications to fund only the serv- Mr. KENNEDY, of Massachusetts. Mr. gest challengesÐhe was a single father. After ices they receive from the PTO. Speaker, I always thought Billy Sullivan was Paul's wife, Cindy, died of cancer three years immortal. And in a way, he wasÐalways larg- ago, Paul was faced with raising his son, Bar- The Patent and Trademark Office is 100 er than life, always a giant in the eyes of our rett, on his own. Paul and Barrett were very percent funded through the payment of appli- family, and in the eyes of everyone he met. close, taking camping trips, bike riding and cation and user fees. Taxpayer support for the We miss him very much. We know what an fishing together. Paul always found time for operations of the Office was eliminated in immense loss this is to Mary, to his children his young son, even helping out at Barrett's 1990 with the passage of OBRA. OBRA im- Chuck, Billy, Patrick, Jean, Kathleen, and school. posed an massive fee increase (referred to as Nancy, to his sisters Tess and Eleanor, to the Paul Korber was a great father, an out- a ``surcharge'') on America's inventors and in- grandchildren, to the extended family he loved standing athlete, and a hero. His bravery and dustry in order to replace taxpayer support the so much, and to all of us as well. Billy Sullivan selflessness will always be remembered with Office was then receiving. The revenues gen- was a great man who accomplished a great gratefulness by the many lives he saved and erated by this surcharge were placed into a deal in his life. But he could not have risen as with fondness by the many lives he touched. surcharge account. The PTO was required to high and never gone as far without the endur- f request of the Appropriations Committee that ing love and sustaining support of that beau- tiful, wonderful Sullivan family. THE ‘‘UNITED STATES PATENT they be allowed to use the revenues in the surcharge account to support the portion of its He was Irish to the core, and it seems obvi- AND TRADEMARK OFFICE AU- ous that God wanted Billy in Heaven for St. operations these revenues represented. It was THORIZATION ACT, FY 1999’’ Patrick's Day. anticipated in 1990 that Congress would rou- We loved Billy for the little thingsÐthe end- HON. HOWARD COBLE tinely grant the PTO permission to use the less, last-minute envelopes in response to our surcharge revenue since it was generated OF NORTH CAROLINA sudden calls, because we all had friends who originally from fees paid by users of the patent IN THE HOUSE OF REPRESENTATIVES just had to be at the Patriots game on Sun- and trademark systems to support only the Thursday, April 23, 1998 day. cost of those systems. We know the special place of the Jimmy Mr. COBLE. Mr. Speaker, today I am Unfortunately, the user fees paid into the Fund in Billy's heart and soul. We know how pleased to introduce the ``United States Patent surcharge account became a target of oppor- much it meant to himÐand we in turn often and Trademark Office Authorization Act for tunity to fund other, unrelated, taxpayer-fund- thought of it as the Billy Fund. Fiscal Year 1999,'' which contains the first ac- ed government programs. The temptation to To countless New Englanders, Billy Sullivan tual decrease ever in patent user fees for our use the surcharge, and thus a significant por- was the greatest Patriot of all, and the man nation's inventors. tion of the operating budget of the PTO, was who brought pro football to Boston. We'll The introduction of this legislation follows a never forget that bright figure will the map of proven to be increasingly irresistible, to the hearing the Subcommittee on Courts and In- Ireland on his face pacing up and down the detriment and sound functioning of our na- tellectual Property of the Committee on the Ju- sideline in whichever stadium he happened to diciary held last month in exercise of its over- tion's patent and trademark systems. Begin- be calling home that day. sight responsibilities concerning the operations ning with a diversion of $8 million in 1992, As a teenager, I remember Billy drenched in of the U.S. Patent and Trademark Office Congress increasingly redirected a larger Harvard Stadium as the Dolphins played the (``PTO''). The Subcommittee heard testimony share of the surcharge revenue, reaching a Patriots in a New England monsoon, the end from witnesses representing the Administra- record level of $54 million in FY 1997. In total, zone completely under water. I remember tion, PTO users, and PTO employee unions. over the past seven fiscal years, over $142 cheering for Jim Nance as Billy's great running This hearing covered the PTO's budget, in- million has been diverted from the PTO to back set a rushing record in a playoff in cluding how its fee revenues are collected and other agencies and programs. Fenway Park. spent, the expiration of the patent surcharge Mr. Speaker, the time has come for Con- He meant the world to our family. The Billy fee, the diversion of PTO funds to other gov- gress to stop diverting the fees of inventors Sullivan I remember most was the oil com- ernment agencies, and other relevant issues. and trademark applicants to fund other tax- pany president who welcomed me with open The Administration announced that in light payer-funded government programs. Accord- arms and offered his support and advice when of the lapsing of Section 10101 of the Omni- I came to him a quarter century ago with a ingly, in the United States Patent and Trade- bus Budget Reconciliation Act of 1990 half-baked plan to help the poor and elderly mark Office Authorization Act, FY 1999, I am (``OBRA''), the patent fees established under heat their homes during the winter months. subsections 41(a) and (b) of title 35 of the proposing a schedule of fees that would re- My Dad used to say, ``Some people see U.S. Code would revert to their pre-OBRA cover only the amount of money which the Ad- things as they are and say why, I dream level. It was stated that, unless adjusted, the ministration has stated it needs to execute the things that never were and say why not?'' fee would fall $131,526,000 short of the program recommended by the President for That's the way I think of Billy Sullivan, too. amount the PTO needs to execute the pro- the PTO in FY 1999 and FY 2000. This legis- In an industry full of good old boys who gram recommended by the President in his FY lation not only fully funds the stated needs of didn't particularly want to help a young fellow 1999 budget. To compensation for this reduc- the PTO, it will provide a real decrease in fees with a different idea about oil, Billy welcomed tion in fees revenues, Assistant Secretary of paid by patent applicantsÐthe first actual de- me into his office and told me the story of his Commerce and Commissioner of Patents and crease in fees in at least the last fifty years, own impossible dream. Trademarks Bruce Lehman stated that an in- indeed, perhaps since the patent system was No matter how many defeats he had suf- crease was needed in the base patent fees in established in 1790. fered in life, he always came back, again and an amount equal to the reduction in revenue The decrease in fees provided by this legis- again and again. And that trademark smile which result from the lapsing of the surcharge lation will provide tangible assistance to Amer- made you believe that he loved every minute authority. ica's inventors, while ensuring that they get of itÐbecause he knew, if he tried once more, While I and other Members of the Sub- he would finally achieve the happy ending he their monies worth, especially since their cre- committee are very supportive of ensuring that knew was out there. You could never walk out ativity and ingenuity are so crucial to the wel- the PTO is adequately funded to provide the of Billy's office without believing your own fare of our nation. services requested by patent and trademark highest dream was possible, too. There could applicants, the Administration's request re- I urge my colleagues to join me in authoriz- never have been a Citizens Energy Corpora- ceived by the Subcommittee would actually ing one of our country's most important agen- tion without Billy Sullivan. raise $50 million more than the amount the cies in a manner that responds fully to both I know that Michael felt that way, too, and President stated in his budget the PTO will the stated needs of the Office and its users. now they're together in Heaven. E672 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 1998 In a very real sense, the man from hard- HONORING MIKE NYE He brought civility to any conversation or scrabble Lowell was ``Everyman''Ðliving the discussion that he was involved in and set a hard daily struggle of the Irish in his early HON. NICK SMITH standard for good citizenship that will endure years, battling the prejudice of ``No Irish Need OF MICHIGAN through generations. Apply,'' and never forgetting those glorious IN THE HOUSE OF REPRESENTATIVES Beloved and admired, Red will be missed by the community he lived in and served over roots. Thursday, April 23, 1998 And later, as president of Metropolitan Coal these many years. and Oil, Billy understood better than anyone Mr. SMITH of Michigan. Mr. Speaker, I rise Of Red, the ultimate compliment can be the struggle of so many customers to keep a to join the citizens of Hillsdale and Branch given: he will be missed because he was a roof over their heads, put three meals a day Counties to pay special tribute to our rep- good man, and the world is a better place be- on the table, and keep their families warm. resentative in the Michigan legislature. cause he was here. My mother served on the board of NFL So many people talk about the kind of lead- f Charities with Billy. Once, they worked hard er they want to represent them in government together to obtain the support of other board and Mike Nye fits that definition by every IN HONOR OF THE NATIONAL members for one of Billy's many charities. measure. TEACHER OF THE YEAR They succeeded beautifully, and a check was This week, my friends in Hillsdale County duly prepared for a dramatic presentation at will honor Mike Nye for his sixteen years of HON. THOMAS M. DAVIS an NFL halftime show. dedicated leadership in Lansing. They know, OF VIRGINIA Until a little problem materializedÐit turned as I do, the few people have accomplished IN THE HOUSE OF REPRESENTATIVES out that Billy's project hadn't taken the steps more in that time for the people of Michigan. Mike Nye's retirement from the state legisla- Thursday, April 23, 1998 to qualify for a tax deduction. Billy knew there ture is a great loss. As a member of the was no problem with the charityÐthe problem Mr. DAVIS of Virginia. Mr. Speaker, I rise House, he fought for commonsense legal re- had to be with the IRS. today to pay tribute to Philip Bigler, the 1998 form and worked to provide better health care On another occasion, my mother was at National Teacher of the Year. Philip is a his- to poor children and was the innovator of re- LaGuardia Airport, about to drive to Green- tory teacher at Thomas Jefferson High School forms that have resulted in a better education wich, Connecticut, with a lawyer bent on for Science and Technology in Alexandria, Vir- system for Michigan. Mike Nye's improve- pressing her on a complex legal problem. By ginia. ments in court reform, school reform, tort re- chance, Billy arrived on the scene, say my The National Teacher of the Year Program form, and juvenile justice reform will be a con- mother in distress, and insisted on joining her is the oldest and most prestigious award to at- tinuing legacy of his knowledge, ability and for the long ride to Greenwich. Every time the tract public attention to excellence in teaching. leadership in the Michigan legislature. lawyer tried to bring up the legal problem, Billy Philip is truly deserving of this great honor. In an era of overheated rhetoric and blatant the raconteur broke in, launching into yet an- For almost twenty years, he has captivated partisanship, Mike Nye stands out as a concil- other wild and funny Sullivan story that left my students by recreating history in the class- iator a legislator who brought people together. mother laughing and the lawyer fuming. room. His students have experienced a polis Mike Nye was often the man people turned to In so many ways, Billy was a member of our of ancient Greece, cases argued before the when they needed a leader to finalize and family, too. He'd regale us with stories about Supreme Court, and pilgrims on the hajj to pass legislation. Mecca without ever traveling from the class- his father's friendship with the Fitzgeralds, with Mr. Speaker, my colleagues and I here in Honey Fitz. room. Outside the classroom, Philip's students Washington can learn a lot from the service of have discovered history firsthand by interview- Over the years, during some of the most try- Mike Ney. His contributors to public policy are ing moments of my life, I would get a long, ing residents of the Soldiers' and Airmen's complimented by his and his wife, Marcie's homes about their experiences in the World hand-written letter from Billy, offering comfort dedication to their community. Marcie's leader- and wisdom, lighting the way ahead. That was Wars. Philip's most significant achievement as ship in working in the prison system with her a teacher is his ability to instill a lasting love vintage BillyÐalways guiding, always reaching Kids Need Moms program is a great example out, always helping, always caring. of history. His students learn to appreciate that of their commitment to help people. civilization rests upon the foundations of the Above all, there was this magnificent family I know Mike's future contributions will be which sustained him and which is his greatest past and that they inherit a rich, intellectual just as worthwhile to all of us, regardless of legacy. monument of allÐMary, the great joy of his what path he may take. God bless you, Mike life; Tess and Eleanor, the sisters whose inde- Philip's inspiration to teach was instilled by and Marcie and good luck. teachers from his own school years. His 8th pendence and strength he so admired; Chuck f and Patrick, who did so much to build the grade teacher Mary Josephine taught him his team of his dreams; Jeannie and Kathleen IN HONOR OF MR. WILFRED ‘‘RED’’ love of learning, and in high school, a battle- and Nancy, in whom he took such enormous REED hardened marine, Colonel Ralph Sullivan, pride; Billy, who made so much difference in showed him the rigor of academics and taught his father's final years. HON. MARION BERRY him a thirst for knowledge and reading. His Near the end of ``Pilgrim's Progress,'' there love of history led him to take a break from OF ARKANSAS teaching to serve as the historian at Arlington is a passage that tells of the death of Valiant, IN THE HOUSE OF REPRESENTATIVES in words that apply to Billy Sullivan, too: National Cemetery but his appreciation for the Thursday, April 23, 1998 importance of teaching brought him back. He Then, he said, I am going to my Father’s; and though with great difficulty I am got Mr. BERRY. Mr. Speaker, I rise today to has spent his entire teaching career in the hither, yet now I do not regret me of all the pay tribute to a wonderful man, Mr. Wilfred Greater Washington Metropolitan area. Philip trouble I have been at to arrive where I am. ``Red'' Reed. and his wife Linda, who is also a teacher, My sword I give to him that shall succeed me Red was the perfect example of a good share the great love of educating young in my pilgrimage, and my courage and skill neighbor and friend. He was the kind of man minds. to him that can get it. My marks and scars that was always there when there was a need Philip is also an accomplished author and I carry with me, to be a witness for me, that and was never concerned with drawing atten- has previously been honored with the Wash- I have fought his battle who now will be my ington Post Agnes Meyer Outstanding Teach- rewarder. tion to his good deeds or claiming credit. When the day that he must go hence was If children needed transportation to a school er Award, the Hodgson Award for Outstanding come, many accompanied him to the river- event or money for necessities, he was the Teacher of Social Studies, and has twice been side, into which as he went he said, ‘‘Death, first to make a donation. He had a habit of honored with the Norma Dektor Award for where is thy sting?’’ and as he went down leaving ripe tomatoes on your door step with Most Influential Teacher from the Students of deeper, he said, ‘‘Grave, where is thy vic- no note attachedÐhe simply had more than McLean High School and the United States tory?’’ So he passed over, and all the trum- he needed and wanted to share with others. It Capitol Historical Society. pets sounded for him on the other side. made no difference to him who needed assist- I know my colleagues join me in honoring We loved you, BillyÐwe loved your mar- anceÐthe church, school, community, friends, Philip Bigler. Philip ignites a spark of enlight- velous loyalty, your beautiful love of family, or neighborsÐhe was there. enment in each of his students, motivates their your laugh that could fill our hearts with laugh- He never had anything but good to say interest, and cultivates their minds. I have the ter, too, your giant Irish heart. We miss you, about anyone or anything. If he ever had a highest appreciation for his dedication to Billy, and we always will. negative thought, he kept it to himself. teaching and inspiring our children. Thursday, April 23, 1998 Daily Digest

HIGHLIGHTS Senate passed Education Savings Act for Public and Private Schools. Senate Coverdell (for Dorgan) Amendment No. 2307, to Chamber Action amend the Gun-Free Schools Act of 1994 to pro- Routine Proceedings, pages S3469–S3559 mote school safety. Pages S3484±85 Measures Introduced: Eleven bills and three reso- Levin/Bingaman Amendment No. 2299, to replace lutions were introduced, as follows: S. 1971–1981, the expansion of education individual retirement ac- S.J. Res. 45, S. Con. Res. 90, and S. Res. 215. counts to elementary and secondary school expenses Pages S3534±35 with an increase in the lifetime learning education Measures Reported: Reports were made as follows: credit for expenses of teachers in improving tech- nology training, as amended. Pages S3473±76, S3492±93 S. 1360, to amend the Illegal Immigration Re- form and Immigrant Responsibility Act of 1996 to Subsequently, the amendment was modified. clarify and improve the requirements for the devel- Page S3494 opment of an automated entry-exit control system, Coverdell Amendment No. 2309, to make grants to enhance land border control and enforcement, available to early childhood reading, to improve with an amendment in the nature of a substitute. reading skills of students, to expand high-quality S. 1504, to adjust the immigration status of cer- family literacy programs, and reduce the number of tain Haitian nationals who were provided refuge in children who are referred to special education due to the United States, with an amendment in the nature reading difficulties. Pages S3488±92, S3494 of a substitute. Page S3534 By 74 yeas to 26 nays (Vote No. 101), Bingaman Amendment No. 2308, to provide assistance to ad- Measures Passed: dress school dropout problems. Pages S3485±88, S3494 Education Savings Act for Public and Private Rejected: Schools: By 56 yeas to 43 nays (Vote No. 102), Sen- By 46 yeas to 54 nays (Vote No. 95), Coats ate passed H.R. 2646, to amend the Internal Reve- Amendment No. 2297, to provide an additional in- nue Code of 1986 to allow tax-free expenditures centive to donate to elementary and secondary from education individual retirement accounts for el- schools or other organizations which provide scholar- ementary and secondary school expenses, and to in- ships to disadvantaged children. Pages S3469±70 crease the maximum annual amount of contributions By 34 yeas to 66 nays (Vote No. 97), Landrieu to such accounts, after taking action on amendments Amendment No. 2301, to provide funding to carry proposed thereto, as follows: out a program that recognizes public and private ele- Pages S3469±95, S3499±S3528 mentary and secondary schools that have established Adopted: standards of excellence. Pages S3470±73 By 58 yeas to 42 nays (Vote No. 96), Kemp- Levin Amendment No. 2303 (to Amendment No. thorne Modified Amendment No. 2302 (to Amend- 2299, as amended), to replace the expansion of edu- ment No. 2301), to provide for student improve- cation individual retirement accounts to elementary ment incentive awards. (By unanimous-consent, the and secondary school expenses with an increase in amendment, as further modified, was considered as the lifetime learning education credit for expenses of an amendment in the first degree.) Pages S3470±73 teachers in improving technology training. (By 61 Coverdell (for McCain) Amendment No. 2298, to yeas to 39 nays (Vote No. 99), Senate tabled the provide for a study of multilingualism in the United amendment.) Pages S3473±76, S3492±93 States. Pages S3484±85

D394 April 23, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D395 By 49 yeas to 51 nays (Vote No. 100), Boxer tempore, and upon the recommendation of the Amendment No. 2306, to improve academic and so- Democratic Leader, pursuant to the provisions of S. cial outcomes for students by providing productive Res. 208 of the 105th Congress, appointed the fol- activities during after school hours. lowing Senators to the Special Committee on the Pages S3479±84, S3493±94 Year 2000 Technology Problem: Senators Dodd, During consideration of this measure today, Senate Moynihan, and Bingaman. Page S3559 also took the following action: Nominations Received: Senate received the follow- By 46 yeas to 53 nays (Vote No. 98), three-fifths ing nominations: of those Senators duly chosen and sworn not having Nikki Rush Tinsley, of Maryland, to be Inspector voted in the affirmative, Senate rejected a motion to General, Environmental Protection Agency. waive the Congressional Budget Act of 1974 with Robert A. Freedberg, of Pennsylvania, to be respect to consideration of Dodd Amendment No. United States District Judge for the Eastern District 2305, to provide funding for part B of the Individ- of Pennsylvania vice Thomas N. O’Neill, Jr., retired. uals with Disabilities Education Act. Subsequently, David R. Herndon, of Illinois, to be United States a point of order that the amendment was in viola- District Judge for the Southern District of Illinois tion of Section 302(f) of the Congressional Budget vice William L. Beatty, retired. Page S3559 Act was sustained, and the amendment thus fell. Pages S3476±79 Messages From the House: Page S3533 Northern Ireland Peace Agreement: By a unani- Measures Referred: Page S3533 mous vote of 97 yeas (Vote No.103), Senate agreed Communications: Page S3534 to S. Con. Res. 90, to express the sense of the Con- Executive Reports of Committees: Page S3534 gress in congratulating the participants in the nego- tiations resulting in the Northern Ireland Peace Statements on Introduced Bills: Pages S3535±44 Agreement. Pages S3495±99, S3528±29 Additional Cosponsors: Pages S3544±45 Request of the House: Senate agreed to S. Res. Amendments Submitted: Pages S3546±54 215, directing the Secretary of the Senate to request Notices of Hearings: Page S3554 the House of Representatives to return the official papers on S. 414, and to make a technical correction Authority for Committees: Page S3554 in the Act as passed by the Senate. Page S3559 Additional Statements: Pages S3554±59 State Department Reorganization Conference Re- Record Votes: Nine record votes were taken today. port-Agreement: A unanimous-consent agreement (Total—103) Pages S3470±73, S3479, S3493±94, S3528±29 was reached providing for the consideration of the Adjournment: Senate convened at 9:30 a.m., and conference report on H.R. 1757, to consolidate inter- adjourned at 8:27 p.m., until 10 a.m., on Friday, national affairs agencies, to authorize appropriations April 24, 1998. (For Senate’s program, see the re- for the Department of State and related agencies for marks of the Acting Majority Leader in today’s fiscal years 1998 and 1999, to ensure that the en- Record on page S3559.) largement of the North Atlantic Treaty Organization (NATO) proceeds in a manner consistent with United States interests, to strengthen relations be- Committee Meetings tween the United States and Russia, and to preserve the prerogatives of the Congress with respect to cer- (Committees not listed did not meet) tain arms control agreements, on Friday, April 24, 1998, with a vote on the conference report to occur FOOD STAMP PROGRAM on Tuesday, April 28, 1998, at 2:25 p.m. Committee on Agriculture, Nutrition, and Forestry: Com- Pages S3499, S3559 mittee concluded hearings to examine the incidence NATO Enlargement Treaty-Agreement: A unani- of fraud and abuse in the Food Stamp Program, fo- mous-consent agreement was reached providing for cusing on proposed legislation to strengthen current the consideration of Treaty Doc. 105–36, Protocols laws to make it illegal for prisoners and fleeing fel- to the North Atlantic Treaty of 1949 on Accession ons to collect food stamps by requiring States to of Poland, Hungary, and the Czech Republic, on conduct criminal background checks on anyone ap- Monday, April 27, 1998. Page S3499 plying for food stamps, and Federal efforts to ensure the integrity of the Food Stamp Program, after re- Appointment: ceiving testimony from Representative Menendez; Special Committee on the Year 2000 Technology Yvette S. Jackson, Administrator, Food and Nutri- Problem: The Chair, on behalf of the President pro tion Service, Department of Agriculture; Robert A. D396 CONGRESSIONAL RECORD — DAILY DIGEST April 23, 1998 Robinson, Director, Food and Agriculture Issues, Re- Northwest Airlines, Inc., St. Paul, Minnesota; Alfred sources, Community, and Economic Development Kahn, Cornell University, Ithaca, New York; Mark Division, General Accounting Office; Chris Hamil- Kahan, Spirit Airlines, Eastpointe, Michigan; and ton, Abt Associates Inc., Cambridge, Massachusetts; Steven A. Morrison, Northeastern University, Bos- and Harold S. Beebout, Mathematica Policy Re- ton, Massachusetts. search, Inc., Washington, D.C. PUBLIC LANDS MANAGEMENT APPROPRIATIONS—FOREIGN ASSISTANCE Committee on Energy and Natural Resources: Sub- Committee on Appropriations: Subcommittee on Foreign committee on Forests and Public Land Management Operations held hearings on proposed budget esti- held hearings on S. 1253, to provide to the Federal mates for fiscal year 1999 for foreign assistance, fo- land management agencies the authority and capabil- cusing on a multi-year United States strategy to ity to manage effectively the federal lands in accord- combat infectious diseases in developing countries, ance with the principles of multiple use and sus- receiving testimony from James M. Hughes, Direc- tained yield, receiving testimony from Idaho State tor, National Center for Infectious Diseases, Centers Senator Judi Danielson, Council; Washington State for Disease Control and Prevention, Department of Senator Robert Morton, Colville; Cindy Bowen, Health and Human Services; Nils M.P. Daulaire, Montrose County, Colorado, and Louise Liston, Gar- Senior Health Advisor, Population, Health and Nu- field County, Utah, both on behalf of the National trition Bureau for Programs and Policy, U.S. Agency Association of Counties; Sue Kupillas, Jackson Coun- for International Development; David L. Heymann, ty, Oregon; and Steve McClure, Union County, Or- World Health Organization, Geneva, Switzerland; egon. and Gail H. Cassell, Indianapolis, Indiana, on behalf Hearings were recessed subject to call. of Eli Lilly and Company. CLEAN AIR REGULATIONS Subcommittee will meet again on Tuesday, April 28. Committee on Environment and Public Works: Sub- committee on Clean Air, Wetlands, Private Prop- APPROPRIATIONS—FOREST SERVICE erty, and Nuclear Safety concluded hearings to exam- Committee on Appropriations: Subcommittee on the In- ine the Environmental Protection Agency proposed terior and Related Agencies held hearings on pro- rule to improve visibility and reduce regional haze posed budget estimates for fiscal year 1999 for the in national parks and wilderness areas, after receiving Forest Service, receiving testimony from James R. testimony from John S. Seitz, Director, Office of Air Lyons, Under Secretary for Natural Resources and Quality Planning and Standards, Office of Air and Environment, and Michael P. Dombeck, Chief, For- Radiation, Environmental Protection Agency; Chris- est Service, both of the Department of Agriculture, tine L. Shaver, Chief of the Air Resources Division, who were accompanied by several of their associates. National Park Service, Department of the Interior; Subcommittee recessed subject to call. Utah Governor Michael O. Leavitt, Salt Lake City, on behalf of the Western Governors’ Association; APPROPRIATIONS—NASA Randolph Wood, Nebraska Department of Environ- Committee on Appropriations: Subcommittee on VA, mental Quality, Lincoln; Kenneth A. Colburn, New HUD, and Independent Agencies held hearings on Hampshire Department of Environmental Services, proposed budget estimates for fiscal year 1999 for Concord; and Lynn M. Terry, California Environ- the National Aeronautics and Space Administration, mental Protection Agency, Sacramento. receiving testimony from Daniel S. Goldin, Admin- NOMINATIONS istrator, NASA, who was accompanied by several of his associates. Committee on Finance: Committee concluded hearings Subcommittee will meet again on Thursday, April on the nominations of Thelma J. Askey, of Ten- 30. nessee, Jennifer Anne Hillman, of Indiana, and Ste- phen Koplan, of Virginia, each to be a Member of AVIATION COMPETITION the United States International Trade Commission, Committee on Commerce, Science, and Transportation: Sub- and Patrick A. Mulloy, of Virginia, to be an Assist- committee on Aviation concluded hearings to exam- ant Secretary of Commerce, after the nominees testi- ine the Department of Transportation’s policy re- fied and answered questions in their own behalf. Ms. garding unfair exclusionary conduct in the aviation Askey was introduced by Representative Archer, Ms. industry and the competitive implications of consoli- Hillman was introduced by Senator Lugar, Mr. dation among United States airlines, after receiving Koplan was introduced by Representative Rangel, testimony from Nancy E. McFadden, General Coun- and Mr. Mulloy was introduced by Senators sel, Department of Transportation; Richard B. Hirst, D’Amato and Sarbanes. April 23, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D397 TELEPHONE SLAMMING the United States, with an amendment in the nature Committee on Governmental Affairs: Permanent Sub- of a substitute; and committee on Investigations concluded hearings to S. 1360, to amend the Illegal Immigration Re- examine issues relating to telephone slamming which form and Immigrant Responsibility Act of 1996 to is the unauthorized switching of a consumer’s long- clarify and improve the requirements for the devel- distance service, including S. 1740, to improve the opment of an automated entry-exit control system, protections against the unauthorized change of sub- and to enhance land border control and enforcement, scribers from one telecommunications carrier to an- with an amendment in the nature of a substitute. other, which entities are most responsible for inten- Also, committee began markup of the proposed tional slamming incidents, and the technique used to Digital Millennium Copyright Act of 1998, but did deceive consumers, after receiving testimony from not complete action thereon, and will meet again on Eljay B. Bowron, Assistant Comptroller General for Thursday, April 30. Special Investigations, Office of Special Investiga- tions, General Accounting Office; and William E. CHEMICAL AND BIOLOGICAL TERRORISM Kennard, Chairman, Federal Communications Com- Committee on the Judiciary: Subcommittee on Tech- mission nology, Terrorism, and Government Information BUSINESS MEETING concluded joint hearings with the Select Committee Committee on the Judiciary: Committee ordered favor- on Intelligence to examine Federal efforts in dealing ably reported the following business items: with chemical and biological weapons threats to The nominations of James K. Robinson, of Michi- America, and the implementation of the gan, to be Assistant Attorney General for the Crimi- Antiterrorism and Effective Death Penalty Act (P.L. nal Division, and Wilma A. Lewis, to be United 104–132), after receiving testimony from Donald C. States Attorney for the District of Columbia, all of Latham, Member, Defense Science Board; Christine the Department of Justice; M. Gosden, University of Liverpool, Liverpool, S. 1504, to adjust the immigration status of cer- United Kingdom; and Richard Preston, New York, tain Haitian nationals who were provided refuge in New York. h House of Representatives cuit judicial councils; sunsets civil justice expense Chamber Action and delay reduction plans; and establishes certifying Bills Introduced: 18 public bills, H.R. 3715–3732 officers in the judiciary branch; Pages H2256±57 were introduced. Pages H2317±18 The Delahunt amendment to section 5 that ap- Reports Filed: One report was filed as follows: plies the limitation on court-imposed taxes only to H.R. 3546, to provide for a national dialogue on any order or settlement which expressly directs any Social Security and to establish the Bipartisan Panel State, or political subdivisions of a State, to impose, to Design Long-Range Social Security Reform. increase, levy, or assess any tax (agreed to by a re- Amended (H. Rept. 105–493). Page H2317 corded vote of 230 ayes to 181 noes, Roll No. 103. Speaker Pro Tempore: Read a letter from the Subsequently, agreed by unanimous consent to strike Speaker wherein he designated Representative Ewing section 5 from the bill); Pages H2257±62 to act as Speaker pro tempore for today. Page H2239 The Campbell amendment to section 5 that limits Judicial Reform Act of 1998: The House passed court imposed taxes that contribute to or exacerbate H.R. 1252, to modify the procedures of the Federal the deprivation intended to be remedied including the effect on property values (subsequently, agreed courts in certain matters. Pages H2243±86 Agreed to the Manzullo unanimous consent re- by unanimous consent to strike section 5 from the quest to strike section 5, Limitation on Court-im- bill); Page H2262 posed Taxes, from the bill. Pages H2284±85 The Rogan amendment that strikes section 6, that Agreed To: establishes the right to bring a motion to reassign The Coble amendment that extends the judiciary a case; Pages H2262±63 information technology fund; provides for retaining offsetting receipts; enhances the membership in cir- D398 CONGRESSIONAL RECORD — DAILY DIGEST April 23, 1998 The Nadler amendment that provides for a wit- Conference on Emergency Supplemental Appro- ness’ voice and face to be disguised or otherwise ob- priations: The House disagreed to the Senate scured during the broadcast coverage of an appellate amendment to H.R. 3579, making emergency sup- court proceeding; Pages H2267±68 plemental appropriations for the fiscal year ending The DeLay amendment that prohibits a court to September 30, 1998, and agreed to a conference. Ap- carry out any felony prisoner release order on the pointed as conferees: Chairman Livingston, Rep- basis of prison conditions and terminates existing resentatives McDade, Young of Florida, Regula, consent decrees that provide for remedies relating to Lewis of California, Porter, Rogers, Skeen, Wolf, prison conditions (agreed to by a recorded vote of Kolbe, Packard, Callahan, Walsh, Obey, Yates, 367 ayes to 52 noes, Roll No. 105); Pages H2272±78 Stokes, Murtha, Sabo, Fazio, Hoyer, Kaptur, and Rejected: Pelosi. Pages H2286±96 The Jackson-Lee amendment that sought to limit By a recorded vote of 186 ayes to 222 noes, Roll protective orders and sealing of cases and settlements No. 109, rejected the Obey motion to instruct con- relating to public health or safety (rejected by a re- ferees to agree to funding for the International Mon- corded vote of 177 ayes to 242 noes, Roll No. 104; etary Fund consistent with the terms, conditions, Pages H2263±66 and provisions of H.R. 3114, International Monetary The Lofgren amendment that sought to establish Fund Reform and Authorization Act of 1998, as re- parent-child testimonial privileges in Federal, civil, ported by the Committee on Banking and Financial and criminal proceedings specifying that a witness Services. Pages H2286±96 may not be compelled to testify against a child or parent of the witness (rejected by a recorded vote of Conference on Child Performance and Incentive 162 ayes to 256 noes, Roll No. 106); Act: The House disagreed to the Senate amendments Pages H2268±72, H2278 to H.R. 3130, to provide for an alternative penalty The Skaggs amendment that sought to require procedure for States that fail to meet Federal child that a settlement to which the United States is a support data processing requirements, to reform Fed- party shall not be sealed unless the court determines eral incentive payments for effective child support that there is a compelling public interest in limiting performance, and to provide for a more flexible pen- such availability; Pages H2282±83 alty procedure for States that violate interjurisdic- The Conyers amendment that sought to establish tional adoption requirements, and requested a con- process service jurisdiction and compliance with ference. Appointed as conferees: From the Commit- rules of discovery for defendants located outside the tee on Ways and Means, for consideration of the United States (rejected by a recorded vote of 200 House bill and the Senate amendments, and modi- ayes to 216 noes, Roll No. 107); and fications committed to conference: Chairman Archer Pages H2279±81, H2283±84 and Representatives Shaw, Camp, Rangel, and Levin. The Aderholt amendment to section 5 that sought As additional conferees from the Committee on Edu- to apply the limitation on court-imposed taxes only cation and the Workforce, for consideration of sec- to any order or settlement which expressly directs tion 401 of the Senate amendment and modifications any State, or political subdivision of a State, to im- committed to conference: Chairman Goodling and pose, increase, levy, or assess any tax or disburse any Representatives Fawell and Payne. Page H2296 funds to remedy the deprivation of a right under the Constitution (rejected by a recorded vote of 174 ayes BESTEA Conference Appointment: As additional to 236 noes, Roll No. 108). Pages H2281±82 conferees from the Committee on Science, for consid- The Coburn amendment was offered, but subse- eration of section 312(d) and Title VI of the House quently withdrawn, that sought to establish a limita- bill and sections 1119, 1206, and Title II of the tion on racketeering specifying that the defendant Senate bill and modifications committed to con- must have committed a criminal offense. ference: Chairman Sensenbrenner and Representatives Pages H2285±86 Morella and Brown of California. Pages H2296±97 The Clerk was authorized in the engrossment of Legislative Program: The Majority Whip an- the bill to correct section numbers, punctuation, and nounced the legislative program for the week of cross references and to make such other technical and April 27. Page H2297 conforming changes as may be necessary to reflect the actions of the House in amending the bill. Meeting Hour—Monday, April 27: Agreed that Page H2286 when the House adjourns today, it adjourn to meet H. Res. 408, the rule that provided for consider- at 2 p.m. on Monday, April 27. Page H2297 ation of the bill was agreed to by a voice vote. Meeting Hour—Tuesday, April 28: Agreed that Pages H2242±43 when the House adjourns on Monday, it adjourn to April 23, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D399 meet at 12:30 p.m. on Tuesday, April 28 for morn- HOMEOWNERS’ INSURANCE AVAILABILITY ing hour debate. Page H2297 ACT Calendar Wednesday: Agreed that the business in Committee on Banking and Financial Services: Held a order under the Calendar Wednesday rule be dis- hearing on H.R. 219, Homeowners’ Insurance Avail- pensed with on Wednesday, April 29. Page H2297 ability Act of 1997. Testimony was heard from Rep- Quorum Calls—Votes: Seven recorded votes devel- resentatives Fazio, Emerson and Christian-Green; oped during the proceedings of the House today and Lawrence Summers, Deputy Secretary, Department of appear on pages H2262, H2265–66, H2277–78, the Treasury; Donald A. Dowdell, Deputy General H2278, H2283–84, H2284, and H2296. There were Counsel, Department of Insurance, State of Florida; no quorum calls. David Knowles, Chief Deputy Insurance Commis- sioner, Department of Insurance, State of California; Adjournment: Met at 10:00 a.m. and adjourned at and public witnesses. 9:50 p.m. FEDERAL INSURANCE PROGRAMS BUDGETING Committee Meetings Committee on the Budget: Task Force on Budget Proc- ess held a hearing on Budgeting for Federal Insur- COMMERCE, JUSTICE, STATE, AND ance Programs. Testimony was heard from Susan J. JUDICIARY APPROPRIATIONS Irving, Associate Director, Budget Issues, GAO; Committee on Appropriations: Subcommittee on Com- Marvin Phaup, Deputy Assistant Director, Special merce, Justice, State, and Judiciary held a hearing on Studies, CBO; and Rudolph G. Penner, Senior Fel- International Organizations and Peacekeeping. Testi- low, Urban Institute. mony was heard from the following officials of the DIGITAL HIGH DEFINITION TV Department of State: Ambassador Bill Richardson, U.S. Representative to the United Nations; and Committee on Commerce: Subcommittee on Tele- Princeton Lyman, Assistant Secretary, International communications, Trade, and Consumer Protection Organizations. held a hearing on Digital High Definition Tele- vision: Coming Soon to a Home Theater Near You. LABOR-HHS-EDUCATION Testimony was heard from public witnesses. APPROPRIATIONS AMERICAN WORKER PROJECT Committee on Appropriations: Subcommittee on Labor, Committee on Education and the Workforce: Subcommit- Health and Human Services, and Education held a tee on Oversight and Investigations held a hearing hearing on Corporation for National and Community on the American Worker Project: Emerging Trends Service, the Federal Mediation and Conciliation Serv- in the High-Tech Workplace. Testimony was heard ice, the U.S. Institute of Peace, the Federal Mine from public witnesses. Safety and Health Review Commission and the Na- CAMPAIGN FUNDRAISING tional Council on Disability. Testimony was heard from Harris Wofford, CEO, Corporation for National Committee on Government Reform and Oversight: Failed Service; the following officials of the Federal Medi- to obtain two-thirds Committee majority to grant ation and Conciliation Service: John Calhoun Wells, immunity to four individuals regarding campaign Director; C. Richard Barnes, Deputy Director, Field fundraising investigation. Operations; Vella M. Traynham, Deputy Director, KUOTO PROTOCOL National Office Operations; and Frances L. Leonard, Committee on Government Reform and Oversight: Sub- Director, Budget and Finance Office; Richard H. committee on National Economic Growth, Natural Solomon, President, United States Institute of Peace; Resources, and Regulatory Affairs held a hearing on Mary Lu Jordan, Chairman, Federal Mine Safety and ‘‘The Kuoto Protocol: Is the Clinton-Gore Adminis- Health Review Commission; and Marca Bristo, tration Selling Out Americans?’’ Testimony was Chairperson, National Council on Disability. heard from Senator Hagel; Representatives Calvert, Knollenberg, Wise, and McCarthy of Missouri; Ed- VA-HUD-INDEPENDENT AGENCIES ward Montgomery, Chief Economist, Department of APPROPRIATIONS Labor; Dan Reicher, Assistant Secretary, Energy Effi- Committee on Appropriations: Subcommittee on VA, ciency and Renewable Energy, Department of En- HUD, and Independent Agencies continued appro- ergy; David Gardiner, Assistant Administrator, Pol- priation hearings. Testimony was heard from Mem- icy, Planning, and Evaluation, EPA; William A. bers of Congress. Walaska, Senator, State of Rhode Island; Tom Alley, D400 CONGRESSIONAL RECORD — DAILY DIGEST April 23, 1998 Representative, State of Michigan; and public wit- The Subcommittee also held an oversight hearing nesses. on Arctic Snow Geese: Is the Arctic Ecosystem in Peril? Testimony was heard from Representatives COMBATING TERRORISM Hunter and Cunningham; Paul Schmidt, Chief, Of- Committee on Government Reform and Oversight: Sub- fice of Migratory Bird Management, U.S. Fish and committee on National Security, International Af- Wildlife Service, Department of the Interior; and fairs, and Criminal Justice held a hearing on ‘‘Com- public witnesses. bating Terrorism: The Proliferation of Agencies’ Ef- forts.’’ Testimony was heard from Representative MISCELLANEOUS MEASURES Skelton; the following officials of the GAO: Richard Committee on Resources: Subcommittee on Forests and Davis, Director, National Security and International Forest Health approved for full Committee action Affairs Division; and Davi D’Agostino, Assistant Di- the following bills: H.R. 2886, amended, Granite rector, National Security Analysis Division; and Watershed Enhancement and Protection Act of Larry C. Johnson, former Deputy Director, Office of 1997; H.R. 3467, California Spotted Owl Interim Counter Terrorism, Department of State. Protection Act of 1998; H.R. 1021, Miles Land Ex- AMERICANS VICTIMS OF TERRORISM change Act of 1997; and H.R. 3381, Gallatin Land Committee on International Relations: Favorably consid- Consolidation Act of 1998. ered and adopted a motion urging the Chairman to request that the following measure be considered on SAN RAFAEL SWELL HERITAGE AND the Suspension Calendar: H. Con. Res. 220, amend- CONSERVATION ACT ed, regarding American victims of terrorism. Committee on Resources: Subcommittee on National The Committee also considered pending Commit- Parks and Public Lands held a hearing on H.R. tee business. 3625, San Rafael Swell Heritage and Conservation Act. Testimony was heard from Senator Bennett; ASIAN FINANCIAL CRISIS—JAPAN’S ROLE Representative Cannon; Pat Shea, Director, Bureau of Committee on International Relations: Subcommittee on Land Management, Department of the Interior; the Asia and the Pacific and the Subcommittee on Inter- following officials of the State of Utah: Michael national Economic Policy and Trade held a joint Leavitt, Governor; and Mike Dmitrich, member, hearing on Japan’s Role in the Asian Financial Cri- Senate; and public witnesses. sis. Testimony was heard from James Glassman, Fel- low, American Enterprise Institute; Bob Grondine, AVIATION MATTERS Governor, American Chamber of Commerce, Japan; Committee on Transportation and Infrastructure: Sub- Peter S. Walters, Group Vice President, Guardian committee on Aviation held a hearing on the impact Industries Corporation; and Richard Katz, Contrib- of recent alliances, international agreements, DOT uting Editor, The Oriental Economist Report. actions, and pending legislation on air fares, air serv- BANKRUPTCY REFORM ACT ice, and competition in the airline industry. Testi- mony was heard from Representatives Quinn, Walsh, Committee on the Judiciary: Subcommittee on Com- Wolf, Ganske, Moran of Virginia, Slaughter, Man- mercial and Administrative Law approved for full ton, Jackson of Illinois and Norton; John H. Ander- Committee action amended H.R. 3150, Bankruptcy son, Jr., Director, Transportation Issues, Resources, Reform Act of 1998. Community, and Economic Development Division, CHILD CUSTODY ORDERS ENFORCEMENT GAO; Nancy McFadden, General Counsel, Depart- Committee on the Judiciary: Subcommittee on Courts ment of Transportation; and public witnesses. and Intellectual Property held a hearing on H.R. Hearings continue April 30. 1690, to amend title 28 of the United States Code regarding enforcement of child custody orders. Testi- VETERANS’ PROGRAMS mony was heard from Representative Andrews; and Committee on Veterans’ Affairs: Subcommittee on public witnesses. Health held a hearing on the research and treatment of war-related illnesses; and to review the VA’s sex- OCEANS ACT; OVERSIGHT—ARCTIC SNOW ual trauma counseling program. Testimony was GEESE heard from the following officials of the Department Committee on Resources: Subcommittee on Fisheries of Defense: Capt. Craig Hyams, M.D., USN, Infec- Conservation, Wildlife and Oceans approved for full tious Diseases Department, Naval Medical Research Committee action amended H.R. 3445, Oceans Act Institute, Department of the Navy: and Gary of 1998. Christopherson, Acting Principal Deputy Secretary, April 23, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D401 Health Affairs; Richard Miller, M.D., Director, Med- sources and Services Administration, and Claude ical Follow-Up Agency, Institute of Medicine, Na- Lenfant, Director, National Heart, Lung, and Blood tional Academy of Sciences; Thomas Garthwaite, Institute, both of the Department of Health and M.D., Deputy Under Secretary, Health, Department Human Services; Adm. E.R. Zumwalt, Jr., USN of Veterans Affairs; Stephen Backhus, Director, Vet- (Ret.), Arlington, Virginia, and Craig W.S. Howe, erans’ Affairs and Military Health Care Issues, Minneapolis, Minnesota, both on behalf of the Na- Health, Education and Human Services Division, tional Marrow Donor Program; Edward L. Snyder, GAO; and representatives of veterans’ organizations. Yale University School of Medicine, New Haven, HEALTH CARE—PATIENT APPEALS Connecticut, on behalf of the American Association of Blood Banks; Clive O. Callender, National Minor- Committee on Ways and Means: Subcommittee on ity Organ Tissue Transplant Education Program, and Health held a hearing on Patient Appeals in Health Robert Wedge, both of Washington, D.C.; and Care. Testimony was heard from Mike Hash, Deputy Angel Hernandez, Silver Spring, Maryland. Administrator, Health Care Financing Administra- tion, Department of Health and Human Services; ISTEA AUTHORIZATION William E. Flynn, III, Associate Director, Retire- Conferees on Wednesday, April 22, met to resolve ment and Insurance, OPM; and public witnesses. the differences between the Senate- and House- passed versions of H.R. 2400, to authorize funds for OVERSIGHT—TAX LAW-HEALTH Federal-aid highways, highway safety programs, and INSURANCE transit programs, but did not complete action there- Committee on Ways and Means: Subcommittee on on, and will meet again on Friday, April 24. Oversight held a hearing on oversight of current tax f law related to health insurance. Testimony was heard from George M. Reider, Jr., Commissioner, Insur- COMMITTEE MEETINGS FOR FRIDAY, ance Department, State of Connecticut; and public APRIL 24, 1998 witnesses. Senate FUTURE IMAGERY ARCHITECTURE No meetings are scheduled. Permanent Select Committee on Intelligence: Met in execu- House tive session to hold a hearing on Future Imagery Ar- Committee on Commerce, Subcommittee on Health and chitecture. Testimony was heard from departmental Environment, the Subcommittee on Oversight and Inves- witnesses. tigations and the Subcommittee on Government Manage- ment, Information, and Technology of the Committee on Joint Meetings Government Reform and Oversight, joint hearing on the Department of Health and Human Services Inspector AUTHORIZATION—NATIONAL MARROW General’s Audit of the Health Care Financing Adminis- DONOR PROGRAM tration’s Fiscal Year 1997 Financial Statements, 10 a.m., Joint Hearing: Senate Committee on Labor and 2123 Rayburn. Human Resources’ Subcommittee on Public Health Joint Meetings and Safety concluded joint hearings with the House Conferees, on H.R. 2400, to authorize funds for Federal- Committee on Commerce’s Subcommittee on Health aid highways, highway safety programs, and transit pro- and Environment on H.R. 2202, authorizing funds grams, 10 a.m., SH–216. for the National Marrow Donor Program, after re- Conferees, on H.R. 3579, making emergency supple- ceiving testimony from Representative Bill Young; mental appropriations for the fiscal year ending Septem- Claude Earl Fox, Acting Administrator, Health Re- ber 30, 1998, 10 a.m., S–05, Capitol. D402 CONGRESSIONAL RECORD — DAILY DIGEST April 23, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, April 24 2 p.m., Monday, April 27

Senate Chamber House Chamber Program for Friday: Senate will consider the Conference Program for Monday: No Legislative Business. Report on H.R. 1757, State Department Reorganization.

Extensions of Remarks, as inserted in this issue

HOUSE Graham, Lindsey O., S.C., E659 Menendez, Robert, N.J., E663 Greenwood, James C., Pa., E651 Miller, George, Calif., E658 Barcia, James A., Mich., E664 Gutierrez, Luis V., Ill., E669 Neal, Richard E., Mass., E658 Berry, Marion, Ark., E672 Hamilton, Lee H., Ind., E656, E666 Pappas, Michael, N.J., E655 Bunning, Jim, Ky., E648, E654 Hilliard, Earl F., Ala., E653 Poshard, Glenn, Ill., E641, E642, E644 Burton, Dan, Ind., E660 Hooley, Darlene, Ore., E662 Radanovich, George P., Calif., E643, E647 Coble, Howard, N.C., E671 Kennedy, Joseph P., II, Mass., E660, E667, E671 Rodriguez, Ciro D., Tex., E666 Collins, Mac, Ga., E659 Kennelly, Barbara B., Conn., E655 Ros-Lehtinen, Ileana, Fla., E646, E647 Conyers, John, Jr., Mich., E665 Kildee, Dale E., Mich., E668 Rothman, Steve R., N.J., E668 Davis, Thomas M., Va., E670, E672 Kind, Ron, Wisc., E641 Schaffer, Bob, Colo., E641, E643, E645, E646, E652, E668 DeLauro, Rosa L., Conn., E660 Kleczka, Gerald D., Wisc., E663, E664, E667 Sherman, Brad, Calif., E664 Doolittle, John T., Calif., E658 Kucinich, Dennis J., Ohio, E656 Skelton, Ike, Mo., E655 Eshoo, Anna G., Calif., E648, E650 Lampson, Nick, Tex., E654 Smith, Nick, Mich., E642, E646, E672 Ewing, Thomas W., Ill., E659 Lantos, Tom, Calif., E644, E648, E650 Solomon, Gerald B.H., N.Y., E647, E649 Farr, Sam, Calif., E641, E642, E645 McCarthy, Carolyn, N.Y., E660 Towns, Edolphus, N.Y., E661 Filner, Bob, Calif., E642, E643, E645, E647, E649 McIntosh, David M., Ind., E654 Vela´ zquez, Nydia M., N.Y., E664 Frost, Martin, Tex., E659 Maloney, James H., Conn., E652 Walsh, James T., N.Y., E643, E646 Gallegly, Elton, Calif., E653, E670 Meek, Carrie P., Fla., E653

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $150.00 for six months, $295.00 per year, or purchased for $2.50 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.